Site Licence Agreement

The LICENCE AGREEMENT FOR A MOBILE HOME SITE ('Site Licence Agreement') for Cahore Holiday & Leisure Park (the 'Licensor'), must be submitted for each season by every mobile home owner ('the Licensee') in the park.

The terms and conditions of the Site Licence Agreement, which may be updated and amended as required, are binding, so please ensure you have read and understood them before you sign it. It will take effect when signed by both the Licensee (you) and Licensor (us), and the Licence fee (as described in the Site Licence Agreement), and any other outstanding balances, have been paid in full.

Site Licence Agreement - Text:

The text of the Site Licence Agreement is reproduced below but, because of the difficulty in reproducing it on a website, Section 16 (which must be completed in writing by each Licensee to declare their understanding and acceptance of the terms and conditions of the agreement) has been excluded. However, this section is included in all copies of the Agreement sent to Licensees.

LICENCE AGREEMENT FOR A MOBILE HOME SITE

THIS SITE LICENCE AGREEMENT ('the Licence') is between:

Cahore Holiday & Leisure Park ('the Licensor') of Cahore, Ballygarrett, Gorey, Co. Wexford

and

B. (YOUR FULL NAME) ('the Licensee') of (YOUR ADDRESS):

This Licence only takes effect when both the Licensee and Licensor have signed their names at  their names at the end of this document, and the Licence fee, and any other outstanding balances, have been paid in full.

IT IS HEREBY AGREED AS FOLLOWS:

1. Permission to Station The Mobile Home:

1.1 Subject to the provisions set out in the Licence, the Licensor authorises and permits the Licensee to station the mobile home (as described in section 16), for holiday purposes on a designated site ('the Site') on Cahore Holiday & Leisure Park ('the Park'). This Agreement does not permit the stationing of any Mobile Home other than the one described in section 16.

2. Right of Way:

2.1 The Licensor further authorises and permits the Licensee, for all purposes ancillary to such use, to use the roads and ways over and upon the land of the Licensor adjoining the Site, for the purpose of access to, and from, the Site by the Licensee, and all persons authorised by the Licensee with, or without, vehicles during the period of the licence.

3. Commencement & Duration:

3.1 The Licence shall be for the period from 17th March 2012 to 31st October 2012 ('the Licence period'). The Licence granted as per attached form of application will automatically expire and determine on 31st October. The period from 1st November 2012 to when the new 2013 season starts shall be known as the “free storage period”.

3.2 During the free storage period, the Mobile Home may be inspected during daylight hours only and by prior appointment with the Licensor. The free storage period is storage only, and no warranty exists as to the safety, maintenance, upkeep, and/or repair of the Mobile Home, and the Licensor remains responsible for the same, and must maintain appropriate insurance during the free storage period.

4. Licence Fee & Service Fee:

4.1 The Licensee agrees to pay the Licensor the sum of €2,375, including VAT ('the Licence Fee'), on which a 20% discount will apply if payment is received before 1st May 2012 (to give a discounted Licence Fee of €1,900). The Licensee shall also pay whatever sum is required to cover the power consumed as per the meter reading ('the Service Fee') in respect of the agreed services.

4.2 No discount will apply to payments received after 1st May. In this instance, the full rate of €2,375, including VAT, will apply. If part payment is received before 1st May, no discount will apply to the outstanding balances received after that date.

4.3 In the event of non-payment of all outstanding balances, services to the Mobile Home will be disconnected on 1st August, and a reconnection fee will be applied.

5. Conditions of Licence & the Park Rules:

5.1 At all times to comply with, and cause to be complied with, the conditions of the Licence, the Park Rules, and any other statutory requirements or orders, including any statutory requirement of the Local Authority, or any other competent statutory authority, or any statutory order affecting the Licence.

5.2 Not to do, or cause, or permit to be done, anything on, or about, the Park, or in the vicintiy of the Park, which may infringe the conditions of the Licence, or the Park Rules, or any other statutory requirements or orders.

5.3 To permit the Licensor, it's servants, and agents, to do anything which, in the opinion of the Licensor, is required for the purpose of complying with the conditions of the Licence, the Park Rules, or any other statutory requirements or orders.

5.4 To comply with the twelve year upgrade policy of the Park, and to remove from the Park, or replace, a mobile home before the start of the season of it's upgrade year, subject to sections 5.5 and 6.3.

5.5 Where a Licensee wishes to sell their mobile home, they may only do so through the Licensor. The Licensor has sole discretion as to the purchaser. Alternatively, the Licensee can arrange to sell the unit privately off-site. In this instance, the Licensee is responsible for arranging, and incurring the cost of, removal of the Mobile Home from the Park, after having given sufficient notice to the Licensor.

6. Obligations of the Licensee:

6.1 To use the Mobile Home only as holiday accommodation for the Licensee, his/her immediate family, and invited guests, and not as your main, or only, residence, and not use it for any business, profession, or other purpose. Visitors must be reported to the Management.

6.2 The HIRING OUT of the Mobile Home to other parties is strictly forbidden. Anyone in reach of this rule will have their Mobile Home disconnected forthwith and removed from the Site. The occupants will be required to leave the Mobile Home and the Park immediately, if so requested.

6.3 The Licensee must purchase any replacement Mobile Home from the Management or it's agents. The Licensee is requested to notify the Licensor in writing when removing the Mobile Home, and to give sufficient notice to the Licensor to arrange disconnection from services.

6.4 The Licensee is not to attempt to assign, or otherwise deal with or dispose of the rights, of the benefits hereby granted, which are acknowledged by the Licensee to be purely personal to him/her. On no account can the Mobile Home be sold by the Licensee, or the Site re-allocated.

6.5 The Licensee is to abide by all requirements of the Licensor in relation to the Licensee's use of the Park, the Site, the services and facilities in or upon the Park, and, in particular, to comply with, and abide by, all the Park Rules made by the Licensor from time to time, for the proper management and upkeep of the Park, the Site, and it's facilities.

6.6 The Licensee is to indemnify, and keep indemnified, the Licensor against all actions, proceedings, claims, and demands whatsoever in respect of injury, or loss or damage to any person or property (whether arising by common law or statute) by reason fo anything committed or comitted in the Park, or in respect of any use of the Park, or the Site, or in breach of this License caused by the Licensee and his/her family, guests, or invitees.

6.7 The Licensee is not to do or permit anything which might cause the Licensor to be held to be in breach of any Local Authority Planning Regulations in relation to the use of the Park or the Site.

6.8 The Licensee is to ensure that the Mobile Home is provided with a fire blanket and a fire extinguisher, and to take all reasonable precaustions in the prevention of fire in the Mobile Home and on the Site, and not do anything on the Site which would cause an increase in premium or make void the Licensor's insurance on the Park.

6.9 The Licensee is not to erect, or permit to be erected on the Site, any structure whatsoever, or to pitch tents of any description, or place trampolines, bouncy castles, etc.. Similarly, the Licensee is not to carry out or permit any plumbing or electrical work. All associated site works (decking, fencing, plumbing, electrical work, etc.) may only be completed by the Licensor and/or their agents. The Licensor reserves the right to require the Licensee, on vacating the Site, to pay the cost of re-instating the Site to its conditionat the grant of the first Licence.

6.10 The Licensee, and his/her family and invited guests, are not permitted to bring any dogs whatsoever (or other pets) onto the Park, the Site, or in the Mobile Home at any time without the expressed permission of the Licensor.

6.11 The Licensee shall arrange his/her own insurance in respect of all liabilities arising from his occupation of the Site, including fire insurance and public liability insurance for the Mobile Home (including deck and shed, if applicable). The Mobile Home must be comprehensively insured as it is parked at the Licensee’s risk.

6.12 The Licensee must ensure that the Mobile Home is securely tied down.

6.13 The Licensee shall not object to any buildings, alterations or additions being made to the Park, or to the Park services, or to any buildings, by the Licensor, and shall co-operate with the Licensor where necessary to facilitate the Licensor carrying out any necessary repair works, maintenance, atterations and additions to the Park services, buildings and facilities.

6.14 The Licensee must comply with all regulations and requirements of the Licensor, which in the Licensor's opinion, are necessary for the proper management and upkeep of the Park.

7. Standards of Behaviour:

7.1 The Licensee and his/her family and invited guests are to behave in a courteous and considerate manner towards the Licensor and other Licensees. The Licensees children must be supervised so that they are not a nuisance or danger to themselves or others.

7.2 The Licensee and his/her family and invited guests are not to commit any criminal offence on, or about, the Park, or in the vicinity of the Park, or use the Mobile Home for the pursuance of any criminal activity.

7.3 Disorderly or boisterous behaviour, or creating noise and disturbance, especially late at night, or in the early hours, will not be tolerated. Behaviour of this kind may result in the immediate termination of your Licence, and the disconnection and removal of the Mobile Home from the Site and the Park. All costs incurred by the Licensor in enforcing compliance with these proceedings shall be recoverable.

8. Licensor's Rights of Entry & Examination:

8.1 To permit the Licensor, his servants and agents, to enter upon the Site and into any Mobile Home placed on it, at all reasonable hours, for the purposes of examining the Site and the Mobile Home stationed on it, including the examination of electrical and plumbing work to ascertain that the terms of this Licence are being observed.

9. Obligations of the Licensor:

9.1 To ensure that all commercial rates and water charges assessed on the entire Park bythe Local Authority are paid.

9.2 The Licensor shall be entitled to change the location of the Site provided and that it shall give the Licensee not less than 21 days notice of it's intention to do so. ln case of emergency, no notice would be given.

9.3 The Licensor will not accept any liability for cash or other property of the Licensee, which may be lost or stolen or destroyed in the Park, either through fire or other disaster/means.

9.4 The Licensor wiil ensure that the Licensee shall have access to the Park and the Site at all times during the licence period, subject to sections 4.1, 4.2, 4.3, 7.3, and 9.6.

9.5 To maintain the Site, and the Park, and all permanent buildings, in good repair and suitable for the use intended.

9.6 The Licensor shall not be liable in the event of the Park, or a facility on the Park, having to be closed for whatsoever reason, or the failure or breakdown of any of the services on the Park, howsoever caused. ln the event of such closure, breakdown or failure, the Licensor will take all reasonable steps as quickly as is possible to re-open any such closed buildings, and to rectify any failure or breakdown of any such services, so that the Licensee shall have no claim for compensation or damages arising or as a result of any such closure, breakdown or failure.

9.7 The Licensor reserves the right to alter, amend, or change any Park Rules during the period of this agreement, and any such alterations, amendments, or changes shall be fumished to the Licensee by the Licensor, and the Licensee shall be bound by any such changes from the date of issuing thereof.

9.8 The Licensor shall not be liable for any loss or damage sustained by the Licensee, his/her family, invited guests, or permitted invitees, howsoever caused and whether due to the negligence or breach of duty or nuisance on the part of the Licensor, it's servants, agents, licensees, or invitees, whether arising by common law or by statute, and the Licensee will indemnify and effectually keep indemnified the Licensor against all claims, actions, proceedings and demands whatsoever in respect of damage or injury to the property or person of the Licensee, his/her family, invited guests, permitted invitees or other licensees, howsoever caused upon the Site, in the Mobile Home, or on the deck of the Licensee.

10. Termination of Licence By Licensee:

10.1 The Licensee may terminate this Licence by giving to the Licensor not less than 14 days written notice. ln the event of the Licensee terminating this License, the Licensee shall not be entitled to a refund of the proportion of the sums paid by the Licensee from the date of the giving up possession to the Licensor, up to the date to which the said sums had been paid.

11. Termination of Licence By Licensor:

11.1 ln the event of any failure by the Licensee to make to the Licensor any payment set out in section 4 in the manner provided in that section, or of any failure by the Licensee to observe or perform any of the conditions or obligations contained in this Licence, then this Licence shall terminate with immediate effect, and the Licensor may (without prejudice to any other right or remedy of the Licensor in respect of the faiiure, act, or omission, or any previous failure, act or omissions) require the Licensee to leave the Site immediately.

11.2 In the event of the faiiure by the Licensee to pay any sums that are due to be paid by the Licensee within 14 days of the due date, then termination and removal proceedings may be instigated by the Licensor. All costs incurred by the Licensor in enforcing compliance with these proceedings shall be recoverable.

11.3 lf, in the opinion of the Licensor, there has been a serious or persistent breach of the Licence, or Park Ru!es, the Licence shall, at the Licensor's discretion, be terminated immediately, and the Licensee shall vacate the Site and the Park forthwith. The Licensor's right to terminate this Licence shall be without prejudice, and in addition to any claim which may arise by reason of any damage arising from the wrongful act or breach of any condition in the Licence or Park Rules by the Licensee.

11.4 In the event of any sums being due by the Licensee to the Licensor, the Licensor shall have a lien upon the Mobile Home and its contents in respect of all such sums due to the Licensor, and the Licensor shall be at liberty to prevent the removal from the Park of the Mobile Home until all sums due to the Licensor by the Licensee shall have been paid.

11.5 In the event of the failure by the Licensee to pay all such sums as are due to the Licensor within 14 days after the same shall have become due, then the Licensor shall be entitled to serve a Notice upon the Licensee containing a demand for payment of all sums due. In default of payment within 14 days from the date of such Notice, the Licensor shall be entitled to terminate his Licence, and to sell the Mobile Home. The Licensor shall give a good and valid receipt for payment of the sale price, and the Licencess hereby agrees to be bound by any agreement for sale entered into. For the sum arising out of such sale being paid to the Licensor, the Licensor shall deduct all sums due to it, including all fees and expenses, incurred in the connection with the sale, of all sums due by the Licensee to the Licensor. Any balance remaining shall be paid to the Licencee within 7 days thereafter. The Licensee shall not be entitled to claim any interest or compensation whatsoever. The Licensor shall not be liable for any loss or damage to the Mobile Home howsoever arising.

11.6 In the event of this Licence being terminated in accordance with the provisions as outlined in this Licence, the Licensor shall remove the Mobile Home from the Site at the Licensee's expense within 21 days from the date of the termination of the Licence. The Licensor shall be at liberty to remove the Mobile Home, and impose a charge for it's removal and storage, but shall not be in any manner responsible for any loss or damage to the Mobiie Home, or other property of the Licensee, during, or in the course of, such removal and storage, howsoever arising.

11.7 In the event of the Licensor requiring the termination of this Licence, then it shall be so terminated by the Licensor giving, to the Licensee, not less than 14 days notice of it's intention to terminate this Licence, and, in such event, the Licensee shall not be entitled to a refund of the proportion of the sums paid by the Licensee from the date of termination up to the date to which the said sums had been paid.

12. Licensee's Obligations On Termination of Licence:

12.1 The Licensee shall, within 21 days of the date of notice of termination, remove from the Site all structures erected on it by the Licensee, and restore the Site to the state in which it was at the date of the first Licence: and vacate the Site leaving it in a clean and tidy state.

12.2 The Licensee further agrees with the Licensor that any property of the Licensee not removed from the Site within the 21 day period may be disposed of by the Licensor, as the Licensor shall determine, and without the Licensor incurring any liabihiy for such disposal.

13. Vacation of Site On Termination of Licence:

13.1 In the event of the termination of the Site Licence, the Licensee is to cease occupation of the Site immediately. The Mobile Home must be removed from the site, including all other property of the Licensee, sheds, decks, etc. within 21 days of the date of termination.

14. Declaration As To Nature of Licence:

14.1 The Licensee hereby confirms that his/her occupation of the Site is by way of Licence only, and no relationship of Landlord and Tenant exists between the parties. There is no exclusive possession of the Site, and that this Licence is personal to the Licensee, and is not assignable.

15. Service of Notices:

15.1 Any written notice required under the provisions of this Licence to be given by the Licensor or the Licensee to each other shall be deemed to be so given if it is addressed to the Licensee/Licensor, or delivered to the Licensee/Licensor's last-known place of residence by pre-paid ordinary post. Any such notices so posted shall be deemed to be delivered within 48 hours of being posted.

15.2 The Licensee shall notify the Licensor of any change in the Licensee's address within 21 days of any such change. Correspondance shall be sent to the address held on file, unless such notification of another address (within the Republic of Ireland) has been given.