1. Interpretation
1.1 The following definitions and rules of interpretation apply in these terms and conditions.
Equipment: any access points, cabling, hardware and any other associated apparatus made available by Parkdean Resorts and/or Parkdean Resorts’ third party supplier to the Owner for installation in their Holiday Home to allow use of the Service.
Holiday Home: means a caravan, lodge, chalet or any other type of holiday home on a Parkdean Resorts holiday park.
Owner: means the owner(s) of a Holiday Home, who is registering for the Service.
Parkdean Resorts: means Parkdean Resorts UK Limited (company number 05729719) whose registered office is 2nd Floor One Gosforth Park Way, Gosforth Business Park, Newcastle Upon Tyne, NE12 8ET.
Security Information: has the meaning given in clause 5.1.
Service: the Park Connect service which allows wireless access to the internet via the Wi-Fi Network.
Terms: these terms and conditions.
Terms of Use: the separate terms and conditions governing the Owner’s use of the Service, which will be with Parkdean Resorts’ third party supplier and which will be made available to Owners [in the form of an End User Licence Agreement].
Wi-Fi: means a facility allowing computers, smartphones, or other devices to connect to the internet or communicate with one another wirelessly using ‘Wi-Fi’ protocol.
Wi-Fi Network: a network consisting of one or more access points that provide Wi-Fi within particular areas of relevant Parkdean Resorts holiday parks, which is operated by Parkdean Resorts’ third party supplier.
1.2 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.3 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.4 Any obligation on a party not to do something includes an obligation not to allow that thing to be done by any other person.
1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Use of the Service
2.1 Parkdean Resorts may make the Service available at its holiday parks at its discretion.
2.2 The Owner confirms that they are the registered owner of the Holiday Home in which the Equipment is going to be installed.
2.3 The Owner may access the Service in accordance with these Terms and the Terms of Use. The Terms of Use will be issued by a third party supplier and may be updated from time to time.
2.4 Access to the Service is provided to the Owner for the Owner’s personal use only. The Service must not be used for any commercial or business purposes. In addition, the Owner may not re-sell the Service to any third party for money or money’s worth or otherwise provide use of the Service to any third party.
2.5 The Owner shall not do, and shall not permit, allow or suffer any other person to do, anything that is likely to adversely interfere with the provision of the Service.
2.6 Without prejudice to its other rights and remedies, Parkdean Resorts has the right to suspend and/or terminate the Owner’s access to the Service immediately in the event of a breach by the Owner of any of the provisions of these Terms or the Terms of Use, including: (i) if the Owner causes any technical or other problems to the Wi-Fi Network; or (ii) if in Parkdean Resorts’ reasonable opinion the Owner is involved in fraudulent or unauthorised use of the Service.
3. Installation of Equipment for the Service
3.1 In order to use the Service inside their Holiday Home, the Owner must allow Equipment to be installed onto and inside their Holiday Home.
3.2 The Owner must book an appointment with Parkdean Resorts for the installation of the Equipment. The number of appointments for each holiday park will be limited and will be allocated on a first come first served basis.
3.3 At the time of booking the appointment, the Owner must pay the installation fee stated on the booking portal at the time of booking.
3.4 Parkdean Resorts shall make Equipment available to the Owner to be installed in their Holiday Home. The Equipment must only be installed by Parkdean Resorts or an authorised agent of Parkdean Resorts.
3.5 In the event the Owner fails to make their Holiday Home available during the agreed timeslot for the appointment, the Owner acknowledges they may be charged a fee by Parkdean Resorts where the appointment needs to be rebooked.
3.6 The installation of the Equipment will be undertaken by a third party and the Owner must agree to separate terms and conditions in relation to such installation. Parkdean Resorts is not responsible to the Owner for any loss or damage caused as a result of the installation of the Equipment, except where caused by the negligence of Parkdean Resorts.
4. Ownership of the Equipment and Insurance
4.1 The Owner acknowledges that Parkdean Resorts’ third party supplier retains ownership of the Equipment at all times, even once it has been installed onto and/or inside the Owner’s Holiday Home.
4.2 Once the Equipment has been installed onto and/or inside the Owner’s Holiday Home, the Owner shall be responsible for any damage to or loss of the Equipment, except where caused by the negligence of Parkdean Resorts.
4.3 The Owner shall ensure that the Equipment is insured for its full replacement value at all times. The Owner must notify Parkdean Resorts promptly in the event of any damage to or loss of the Equipment
4.4 The Owner shall ensure that the Equipment is used in accordance with any instructions, and safety and security procedures notified to the Owner by Parkdean Resorts from time to time.
4.5 The Owner must return the Equipment to Parkdean Resorts upon request and, in any event, prior to the Holiday Home in which the Equipment is installed either being sold or leaving the holiday park for any reason. The Owner hereby grants Parkdean Resorts permission to enter their Holiday Home at any reasonable time to recover the Equipment.
5. Security
5.1 The Owner shall treat any username, password or any other information used to access the Service as confidential (the Security Information) and they shall not disclose it to any third party without the consent of Parkdean Resorts. Parkdean Resorts shall not be liable for any loss or damage arising out of the disclosure of any Security Information by the Owner.
5.2 Parkdean Resorts has the right to disable any access code, username, password or other information provided to the Owner at any time if, in Parkdean Resorts’ opinion, the Owner fails to comply with any of the provisions of these Terms and/or the Terms of Use.
5.3 From time to time Parkdean Resorts may:
(a) change access codes, usernames, passwords or other security information necessary to access the Service or change the technical specification of the Service; and
(b) issue instructions to the Owner, which Parkdean Resorts believes are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by Parkdean Resorts.
6. Filtering
6.1 The Owner acknowledges that Parkdean Resorts’ holiday parks are intended for use by families and, accordingly, Parkdean Resorts may restrict access to certain websites. This may include gambling related websites.
7. Charges and Payment
7.1 The Service is made available to the Owner free of charge.
7.2 Whilst the intention is for the Service to remain free of charge, Parkdean Resorts reserves the right to introduce a charge for the Service at any time by giving the Owner not less than six (6) months’ prior written notice. The Owner may elect to stop using the Service if they do not want to pay the charges that have been introduced.,
8. Termination
8.1 Parkdean Resorts reserves the right to suspend and/or terminate the Owner’s use of the Service at any time at its absolute discretion without liability to the Owner or any other person. This may include, for example, where there are overdue payments on the Owner’s account with Parkdean Resorts or the Owner is in material breach of their pitch licence agreement.
8.2 Without prejudice to clause 8.1, the Owner’s use of the Service is conditional on the Owner agreeing to use Parkdean Resorts online billing service and agrees to receive bills electronically in the future.
9. Survival
9.1 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Service shall remain in full force and effect.
9.2 Termination of the Service shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.
10. Intellectual property rights
10.1 Parkdean Resorts and/or Parkdean Resorts’ third party supplier as applicable retain ownership of all intellectual property rights in or relating to the Service.
11. Limitation of liability
11.1 To the extent Parkdean Resorts is permitted to do so by law, the Service is provided on an “as is” and “as available” basis and Parkdean Resorts makes no warranties or representations whether express, statutory or implied in relation to the Services.
11.2 Parkdean Resorts does not warrant or guarantee the availability of the Service or the performance of the internet or that the transmission of information over the internet will be secure or that the internet will be accessible at all times or at the speeds indicated by Parkdean Resorts.
11.3 Parkdean Resorts does not warrant or guarantee that the Owner can access the Service or continue to access the Service via any particular access point at any time.
11.4 To the extent Parkdean Resorts is permitted to do so by law, Parkdean Resorts does not warrant or represent that:
(a) the Service will be compatible with all the hardware and software used by the Owner;
(b) any defects or any unavailability will be corrected or rectified; or
(c) the Service or the associated equipment and communications links that make it available are free of viruses or other harmful components.
11.5 The Owner acknowledges and agrees that Parkdean Resorts does not exclude its liability for:
(a) death or personal injury arising from the negligence of Parkdean Resorts or its agents;
(b) fraud or fraudulent misrepresentation;
(c) loss or damage arising from the negligence of Parkdean Resorts; or
(d) any matter which it would be illegal for Parkdean Resorts to exclude or attempt to exclude Parkdean Resorts’ liability.
11.6 To the extent Parkdean Resorts is permitted to do so by law, Parkdean Resorts excludes its liability in contract, tort, statutory duty or otherwise for any loss or damage whatsoever, whether:
(a) loss of business;
(b) loss of profits;
(c) loss of or depletion of goodwill or similar losses;
(d) loss of anticipated savings;
(e) loss of the use of the Service;
(f) loss or corruption of data or information;
(g) losses arising from events outside of the reasonable control of Parkdean Resorts; or
(h) indirect losses or damages.
12. Privacy Policy
12.1 Parkdean Resorts will comply with all applicable requirements of the Data Protection Legislation. For the purposes of these Terms, Data Protection Legislation means any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any other directly applicable European Union regulation relating to privacy.
12.2 Parkdean Resorts’ privacy policy, which can be found at www.parkdeanresorts.co.uk/privacy-policy, details how Parkdean Resorts collects and processes the Owner’s personal data. Information relating to the Owner’s installation appointment and use of the Service will be collected by Parkdean Resorts’ third party supplier and may be shared with Parkdean Resorts.
13. Variations
13.1 Parkdean Resorts has the right to revise and amend these Terms from time to time on giving the Owner at least 30 days’ notice, including by email.
14. Waiver
14.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
14.2 A failure or delay by a party to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15. Severance
15.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
16. Entire agreement
16.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2 Each party acknowledges that it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
17. Third party rights
17.1 Other than where Parkdean Resorts’ third party supplier has a right to recover its Equipment, or the value of its Equipment from the Owner these Terms does not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
18. Governing law
18.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19. Jurisdiction
19.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation