Cowes Caravan Park ABN

Cowes Caravan Park ABN 15582348949 INFORMATION, RULES AND POLICIES 1

INTRODUCTION This document is for the information of occupants or intending occupants of the Cowes Caravan Park. Please read it and refer to it as required. By doing so it will help to ensure that you and your fellow occupants obtain the maximum benefit and enjoyment of staying at Cowes Caravan Park. The rules complement the Residential Tenancies Act 1997, and form part of any written agreement between the occupant and the caravan park owner. In the absence of any written agreement it should be assumed that occupancy is conditional upon the occupant complying with their duties and the park rules as set out herein Mark & Julie Curran Cowes Caravan Park 164 Church Street, Cowes Phone 5952 2211 Email stay@cowescaravanpark.com.au 2

CONTENTS Introduction... 2 Emergency Telephone Numbers... 3 General Duties of Park Occupants and Park Owners 4 Park Rules... 5 Park Rules specific to occupants of long term holiday sites 6 Management Policies... 14 Appendix (a) Conditions & Requirements to sell on-site Appendix (b) Request for permission to sell on-site Form Appendix (c) Dwelling Sale Agreement Emergency Telephone Numbers Fire... 000 Ambulance... 000 Police... 000 Hospital... 56713333 Poison... 131126 SES... 132500 Water... 1800249090 Electricity... 131799 Gas... 132771 RACV... 131111 Ranger (shire)... 56712211 Ranger (Nature Parks)... 59512800 3

GENERAL DUTIES OF PARK OCCUPANTS AND PARK OWNERS General duties of caravan park residents and caravan park owners are prescribed in Residential Tenancies Act 1997. While "the Act" does not apply those duties to non resident occupiers, the duties are herein restated but modified where necessary to make them appropriate and applicable to both resident and non-resident occupiers. This duty statement thus forms part of any agreement between the caravan park owner and any non-resident occupier. 1. Occupants use of the site The occupants must use the site only for the purpose agreed with the park owner; and use the site, caravan park and facilities properly and in accordance with the park rules and ensure that their visitors do the same. 2. Occupants must not use site for illegal purposes The occupants must not use or permit the use of the site, the dwelling or the caravan park for any purpose that is illegal at common law or under an Act. 3. Occupants duty to pay rent The occupants must pay the site fees and any other charges agreed with the caravan park owner on the due dates and in agreed manner. 4. Quiet enjoyment - occupant's duty Occupants must not do anything in or near the site or caravan park, or allow their visitors to the Caravan Park or site to do anything which interferes with the privacy and peace and quiet of other occupants of the caravan park, or their proper use and enjoyment of the caravan park. 5. Occupants must keep site clean The occupants must keep the site clean and tidy; and maintain the site and caravan in a manner and condition that do not detract from the general standard of the caravan park as set by the caravan park Rules and Policies and as set by the caravan park owner from time to time.. 6. Occupants must not erect structures Occupants must not erect any structure on the site or in the caravan park without the prior consent of the caravan park owner. 7. Occupants must notify owner of and compensate for damage If any damage other than fair wear and tear is caused to the caravan park or any facilities in the caravan park by the occupant or his or her visitor, this includes, damage caused by sub-standard or faulty equipment e.g. power leads & appliances, the occupant must- (a) (a) notify the Owner and repair the damage; or notify the caravan park owner or caravan owner of the damage and pay compensation for the damage to the caravan owner or the caravan park owner. The occupants must report to the caravan park owner any damage to or breakdown of communal facilities of which the occupants have knowledge. Note: Willful and accidental damage to park property will result in paying for damages & possible eviction. 8. Number of persons occupying site The occupants must not allow more than the number of persons agreed with the caravan park owner to occupy the site. Maximum. 4

The occupants must not sub-let sites, caravans or cabins. 9. Occupants must observe caravan park rules The occupants must observe all caravan park rules made from time to time. Management reserves the right to evict any person contravening these Rules, disrupting the harmonious running of this caravan park or causing grievance to the staff, Management or owners. The Management reserves the right to change park rules without notification. The Management has the right to refuse site usage and/or entry to the park to any person. 10. Caravan park owner must provide access The caravan park owner must- (a) provide 24 hour vehicular access for all occupants to all sites; and (b) provide 24 hour access for all occupants to the caravan park and (c) the communal toilet and bathroom facilities; and provide access during all reasonable hours for occupants to recreational areas, laundry and communal facilities other than toilets and bathrooms. 11. Quiet enjoyment - caravan park owner's duty The caravan park owner must not unreasonably restrict or interfere with the occupant's privacy, peace and quiet or proper use and enjoyment of the site and the communal facilities. 12. Caravan park owner must keep park etc. clean The caravan park owner must- (a) keep the common areas, gardens, roadways, paths and recreation areas in the caravan park clean and in a safe condition; and (b) arrange for the collection of occupant's garbage from the caravan park 13. Duty of caravan park owner to maintain communal areas The caravan park owner must maintain, repair and keep clean and tidy all communal bathrooms, toilets, laundries and other communal facilities in the caravan park. When repairing or renovating communal facilities, the caravan park owner must (a) (b) minimize inconvenience and disruption to occupants; and if necessary, provide temporary substitute facilities. PARK RULES Section 185 of the Residential Tenancies Act enables the caravan park owner from time to time to make rules relating to the use, enjoyment, control and management of the caravan park. It is the caravan park owner's duty to ensure that the caravan park rules are reasonable and the caravan park owner must take all steps to ensure that they are observed by all occupants and are enforced and interpreted consistently and fairly. The caravan park owner must give a copy of the caravan park rules to the principle occupant of the site. The following rules have been established by the caravan park owner in the belief that they are reasonable and conducive to the effective management of the caravan park. 5

If an occupant believes that a rule is unreasonable then he or she should discuss the matter with the caravan park owner. There is also provision in the Act for a resident to make an application to the Victorian Civil & Administration Tribunal should the resident consider a rule unreasonable. A copy of the Residential Tenancies Act 1997 is available for reference by occupants at the caravan park office. COWES CARAVAN PARK RULES SPECIFIC TO OCCUPANTS OF LONG TERM HOLIDAY ANNUAL SITES. All such occupants must, with respect to: A1 The payment of site fees, other charges and usage. A1.1 nominate two nominated persons (registered owners of the caravan) to use of the site for holiday purposes only for the term of the agreement. (Note: No one can substitute a nominated person for free use of the site. Nominees rights are not transferable and cannot change for the period of this agreement (12 months)). A1.2 register at the office at the start of each visit and pay for any extra people, cars, trailers, & boats in advance. A1.3 ring the office prior to 7.00 pm, if they intend arriving after 7.00 pm, to have their pin number activated. A1.4 Not give their pin number for others to access the park. A1.5 not occupy the site as a prime place of residence. Continuous occupancy for over 45 days requires Manager approval. A1.6 pay the annual site fee either annually, half yearly or quarterly in advance. A1.7 register and pay for visitor's overnight and day fees, in advance of the visitor's occupancy. A1.8 not allow any occupants, in the absence of the nominated person, without advising the park Management in advance of their arrival. A1.9 pay electricity accounts, if applicable, within 7 days. A1.10 not have more than 8 people. including day visitors, using the site (this remains at the discretion of the managers and the managers have the right to refuse usage to any person). A1.11 not erect any tents, gazebos marquees etc on an annual site. A1.12 take responsibility for their own possessions and property to avoid theft and injury. 6

Note: Management takes no responsibility for theft or damage. Tenants property, Caravans, Cars and tents are left at the owners risk. A1.13 Maintain Insurance Policies covering the following: a) Damage by fire or otherwise to the Caravan (Cabin) & Annexes for its full replacement value. b) Public risk in respect of incidents occurring on the site with a cover for each incident of not less than $10,000,000.00. This must incorporate public liability cover for yourself, all users of the site and your pets. A2 The making and abatement of noise. A2.1 keep noise to a minimum at all times ensuring that there is no unnecessary noise audible to adjoining sites at all between 10.3Opm and 9.OOam. Note: The only exception to this rule are pre-arranged functions with Management. A3 Vehicles (including Motor bikes, bicycles, scooters & skateboards): A3.1 observe the park speed limit which is 8km/hr. i.e. walking pace. Please note that motorbikes, scooters, bicycles and skateboards are not an exception. Helmets must be worn when on bikes, scooters, skateboards, etc. A3.2 have only one motor vehicle per site unless permission of the caravan park owner has been obtained for a second vehicle. Such permission will only be given if both vehicles are owned and used by the site occupants, and in the opinion of the caravan park owner, a satisfactory parking place is available. A3.3 in the absence of consent from the caravan park owner, ensure that their visitor's cars are parked outside the park. A3.4 only park their vehicle in the place specified by the caravan park owner. A3.5 not bring an unregistered or unroadworthy vehicle into the caravan park without the prior written consent of the caravan park owner and not carry out repairs to motor vehicles within the caravan park. A3.6 not wash or flush boats, trailers, bikes or cars. Prior consent must be given by Management before washing caravans and annexes. Current, local water restrictions must be adhered to. A3.7 drive or ride vehicles on the roads only. NO riding bikes, scooters skateboards through sites, around/or in park buildings or at the entrance to the park. A3.8 not ride bicycles, scooters, skateboards in the caravan park outside daylight hours. 7

A3.9 wear approved bicycle helmets and safety apparel when using bicycles, scooters and skateboards. A4 The disposal of refuse. A4.1 wrap garbage before placing it in the bins. A4.2 not use the caravan park garbage disposal facilities for the disposal of anything other than normal household refuse. A4.3 in disposing of garden refuse such as leaves, lawn clippings, etc. assist the caravan park owner by either disposing of the refuse themselves or consulting with the caravan park owner as to a convenient place for collection. A4.4 do not use the garbage bins or collection points for dumping hard garbage. Hard garbage is your responsibility to take home or dump at tip. A5 The keeping of pets A5.1 not have more than two pets in the caravan park A5.2 not bring Pets into the park between 18th December & 31st January, during Easter, Long Weekends (including weekend prior to Melbourne Cup Day but excluding Queens Birthday weekend) & Special Event periods (including: Super Bikes, MotoGP, V8s) you will be notified of other Special Events as they eventuate.. Notes: The only exception to this rule is for dogs required for a person with a disability (Medical certificate required). A5.3 not allow Visitors to bring their pets into the park. A5.4 observe all Council local by-laws in regard to pets on the foreshore. A5.5 owners with pets must - a) keep their pet on a lead and under control at all times b) provide their pet with access to shelter and shade. c) provided their pet with adequate food and water. d) dispose of any animal wastes promptly and appropriately. e) not leave their pet unattended. f) not allow a pet to be in or near the park's communal facilities g) not allow a pet to enter a hired dwelling h) not allow a pet to be a nuisance or cause distress to other park users. A5.6 if required, provide the caravan park owner with a written guarantee that their pet does not represent a danger to the health and safety of other park users, in particular young children, who may wander into an animal's territory. A6 The playing of games and other sporting activities. 8

A6.1 not play ball games in areas that risk damaging property or will cause a nuisance to occupants of the caravan park. A6.2 use play-ground equipment in the proper manner and in accordance with any rules specific to particular apparatus. A7 The use and operation of communal facilities. A7.1 Camp Kitchen, BBQ, & Recreation Hall A7.1.1 keep the Recreation hall, Camp Kitchen, BBQ area clean and place their rubbish in the bins provided. A7.1.2 Not smoke in the Recreation Hall, Camp Kitchen & BBQ area A7.1.3 not sit or stand on tables or stand on seats. A7.1.4 not light fires in the Recreation Hall prior to 6.00pm and ensure children under16 years are not left without adult supervision in the Hall while the open fire is in use Note: Recreation Hall is open from 10am to 10pm. A7.2 Laundries A7.2.1 not wash dishes in the laundry trough, baths or hand basins. A7.2.2 not remove hot water from the laundry, babies room, toilets or dish washing area. A7.2.3 not use laundries for washing pet bedding A7.2.4 remove washing promptly from the washing machines, dryer or clotheslines upon the completion of washing or drying. (The caravan park owner may remove and store laundry items as a result of non-compliance). A7.2.5 leave all laundry equipment clean after use. A7.2.6 report machine breakdowns to Management as soon as possible. A7.2.7 not smoke, eat or drink in the Laundry blocks. A7.2.8 not erect a private clothesline. Not tie lines to trees or other park structures. Permanent clotheslines on site require approval. Note: Laundry hours are between 8.30am and 8.30pm. A7.3 Toilet Blocks A7.3.1 ensure children under 10 years are accompanied by an adult when using the amenity block. A7.3.2 not smoke, eat or drink in the Toilet blocks. A7.3.3 wrap Sanitary napkins and placed in the bins provided. 9

A7.3.4 report toilet paper shortage, breakages and malfunctions to Management as soon as possible. A7.3.5 limit time in shower cubicle to strictly 10 mins. A7.3.6 mop shower cubicle dry after use (mop supplied) Note: Showers and toilets are cleaned daily from 10am and 4pm. Please use alternate amenities block when cleaning is in progress. Note: TOILET BLOCK in Sunset Boulevard will be CLOSED for showers, laundry & hot water for 2 nd and 3rd school terms (May to Sept), however, toilet and night-light will be in operation. A8 The supervision of children. A8.1 maintain sufficient supervision of their children, so as to ensure that the children do not cause a nuisance or inconvenience to other occupants, Management or employees of the caravan park. A8.2 ensure their Children do not play near other vans, on roads, in and around amenities blocks, BBQ, camp kitchen, dish washing area and gas tanks. A8.3 not allow children under 16 years of age to be left unsupervised in the Caravan Park at any time. A8.4 Not allow persons under the age of 18 years to stay overnight without appropriate adult supervision. A8.5 ensure that all children are supervised by an adult when using the amenities block, recreation hall and playground. A8.6 support any reasonable sanctions imposed by the caravan park owner resulting from improper conduct or use of the caravan park facilities by their children. A9 Grievances A9.1 use a private, conciliatory approach to the settling of disputes with other occupants, the caravan park owner or any employee of the caravan park. A10 Visitors A10.1 ensure their overnight and day visitors, regardless of the length of stay, register and pay the appropriate fee (if required), at the office before entering into the Caravan park. A10.2 ensure their visitors leave their cars outside the caravan park unless the appropriate fee is paid and there is enough space at their site. A10.3 ensure their visitors do not enter the caravan park after office hours unless you have already registered and paid for their visit. 10

A10.4 ensure overnight visitors depart or re-register and pay the appropriate fee before 2.00pm of the day of departure. A10.5 ensure their visitors do not bring their pets into the Caravan park. A10.6 advise the caravan park office when anyone, other than the nominees, but including family members, is going to occupy your caravan, in your absence, prior to their arrival. A10.7 ensure that persons under the age of 18 years of age have appropriate adult supervision, when staying overnight. A10.8 ensure that no tents, gazebos, marquees etc are to put on an annual site. A10.9 ensure visitors to the caravan park aware of these Park Rules. Note: In the nominees absence, anyone using their van, other than the nominees children, is charged the normal tourist site fee applicable for that time of year. Nominees children are charged at the extras rate. Note Day Visitors staying over 2 hours or using the showers are charged a fee. Visitors staying over 8 hours or visiting after 10pm the normal nightly fee applies. A11 Fires A11.1 not light open fires within the caravan park or foreshore (Council by-laws apply). A11.2 only light fires in designated fire place in the Recreation Hall from 6.00pm. A11.3 ensure that any fire is attended by an adult at all times and ensure children under16 years are not left without adult supervision in the hall while the open fire is in use. A11.4 ensure that any fire is completely extinguished before being left unattended. A11.5 observe and comply with any fire restrictions and Total Fire Ban days (i.e. no gas BBQs on total fire ban days) A11.6 only use gas & electric BBQs on their site. (keep flames well clear of gas bottles). A12 General conduct A12.1 ensure that they and their visitors do not behave in a manner that could be a) offensive or intimidating to other park occupants b) a poor example to the children in the park c) injurious to the reputation of the caravan park. d) disruptive to the harmonious running of the caravan park business and cause grievance to the staff, managers or owners. 11

Note this includes offensive, illegal & disorderly behavior including swearing, spitting, excessive noise, excessive drinking of alcohol. This behavior will not be tolerated and the offender(s) will be asked to leave the park. A12.2 ensure that they and/or their visitors do not loiter around the park or on the beach adjacent the park after 10.30pm. A13 The maintenance of and modifications to sites or dwellings. A13.1 not remove wheels & drawbars from caravans and keep Caravans to a registrable standard. Note: Caravan should be able to be towed away in the event of emergency A13.2 keep sites neat & tidy free of litter especially under caravans and not store items under or behind caravans or annexes. A13.3 not extend, alter, modify or attach any fixtures to any site or dwelling within the caravan park without first obtaining the caravan park owner's approval. This includes annexes, decks, flyovers, and blinds. Note: Flyovers and annexes are to be constructed by a recognised manufacturer and a compliance plate must be supplied. A13.4 install and maintain working smoke detectors, extinguishers & fire blankets in all caravans and annexes. A13.5 ensure gas bottles, electrical leads and appliances comply with all safety standards and Residential Tenancies (Caravan Parks & Moveable Dwellings Registration and Standards) Regulations 2010. A13.6 not leave blinds and awnings left down permanently and will be drawn up when departing each visit. A13.7 ensure that the dwellings are maintained in a manner consistent with the requirements of the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010. A13.8 ensure that the space beneath their dwelling is bordered, screened or managed in such a way as to not detract from the general standard of neighbouring sites. A13.9 not establish garden beds, plant trees, dig trenches, remove sand, soil or other substances in the Caravan park, without the caravan park Management approval. A13.10 not cut, injure, destroy or climb trees, shrubs, and plants. Note: This includes hammering nails into trees or tie ropes around them. A13.11 upon vacating the caravan park, if so desired by the caravan park owner, remove any structural alterations, (including gardens), made to the site or dwelling thus returning the site and/or dwelling to a state and condition as 12

near as practicable to the state and condition of the site and/or dwelling prior to the commencement of occupancy. A14 Site Utilities (Electricity, Sullage, Water, & Gas) A14.1 Electricity connection A14.1.1 all power leads, connections and appliances must comply with Electrical safety regulations and Residential Tenancies (Caravan Parks & Moveable Dwellings Registration and Standards) Regulations 2010. A14.1.2 only use 15amp approved caravan power leads and replace all non complying power leads. A14.1.3 keep all lead internal external wiring and connections in good order with no exposed wiring or connections A14.1.4 not extend power leads to other sites & keep power leads off the ground. A14.1.5 disconnect and store power leads inside your caravan when departing their site each visit. A14.1.6 ensure your electrical Lead is tagged & tested every 2 years Note: Electricity is included in your annual fee (except for cabins sites), however, this does not include the use of air conditioners, hot water units/urns & power tools, to use such will attract an added fee 14.2 Sullage and Water connections. A14.2.1 discharge water from their caravan via an approved PVC underground tubing to the sullage outlet on the site. Otherwise a bucket will be used and emptied regularly. Waste water is not to spill on the ground or left lying in buckets. A14.2.2 connect mains water via an approved underground high pressure PVC or copper pipe A14.2.3 check and maintain water connections and sullage outlets regularly. A14.2.4 obtain approval for all permanent connections to be approved by Management. A13.2.5 turn taps off when departing their site each visit 14.3 GAS & GAS REFILLS 14.3.1 turn gas bottles off when departing their site each visit. 14.3.2 All gas bottles, connections and appliances must comply with gas safety standards, CFA and Residential Tenancies (Caravan Parks & Moveable Dwellings Registration and Standards) Regulations 2010. 13

14.3.3 have gas bottles & connections regularly checked and disconnect and dispose of all bottles over 10 years old as per Gas & CFA Regulations. Note: All plumbing, electrical and gas work must be carried out by a certified plumber or electrician. A certificate of compliance must be given for work done. COWES CARAVAN PARK MANAGEMENT POLICIES The following policies do not constitute park rules but are provided for the information and benefit of occupants and their visitors. OFFICE HOURS Office Hours are between 8.30am to 7.30pm (Friday 8.30pm), however the office may be unattended various times during the day. If you intend arriving after 7.00pm, please ring, before that time so your pin number can be activated. All day & over night visitors are to register in before 7.00pm. BOOM GATES. Boom Gates operate using a 6-digit pin number. This number is chosen by the nominee(s) and remains the same for each visit. However, the number will not be activated until you arrive and registered at the office. The number will only be activated for the period you wish to stay. The pin number will de-activate 11.00pm the day of your intended departure. If you intend arriving after 7.00pm, please ring, before that time, so your pin number can be activated. Your visitors will be given a pin number and it will be activated for the period they register and pay for. This number will de-activate 2.00pm the day of intended departure. Pin numbers will not be pre-activated for anyone other than nominees arriving after 11.00pm. Annual Fees ANNUAL Holiday Site fees are to be paid for 12 months in advance and on the due date. Installments on a quarterly or half-yearly basis may be arranged with Management (no accounts issued), however, the commitment to the site is 12 months. Annual Holiday site agreements are signed each year by the 1 st July. PLEASE NOTE all documents and payment are to be received by the 1 st July, without a current agreement and payment by the due date the site fees will revert to tourist site fee rate. Late payments of installment fees attract a handling fee of $25 per month from the due date. Overdue site fees may result in site not being renewed, van being removed from site and sold if necessary to recover outstanding fees at the caravan owner s expense. Annual fees are not refundable or transferable. Annual Fees can be paid by cheque, money order, debit card or credit card, however credit card payments attract a fee of 1% of the amount of the transaction. Visitors Within reason, occupant's visitors are welcome in the caravan park. Park occupants must accept responsibility for their visitors and make them aware of the Park Rules. There are charges for day visitors over 2 hours and up to 8 hours. It is expected that day visitors will vacate the caravan park within 8 hours and/or by 10.OOpm or they will be considered as overnight guests should they choose to stay beyond 10.OOpm. OVERNIGHT & DAY VISITORS are to be registered and paid for in advance. Responsibility for payment of Overnight & Day Visitors lies with the 14

registered (nominated) persons. Park occupants who anticipate having a visitor stay overnight must, when registering their visitor in accordance with the park rules, pay the appropriate fee. Refunds No refunds are issued for annual site payments or overnight or day visitor fees The making and abatement of noise As indicated in the park rules there may be circumstances where the rule with respect to the making and abatement of noise need not be strictly applied. Circumstances which come to mind might include special celebrations, group functions and entertainment. Such occasions may be planned by the caravan park owner or alternatively a caravan park occupant. In the case of the latter full consultation with the caravan park owner is expected such that any parameters may be mutually agreed and the privilege not subject to abuse. At all times the privacy and peace and quiet of uninvolved occupants must be considered. Grievances It is the caravan park owner's policy to listen to or raise grievances in private, during office hours, at the caravan park office or at another time and place by arrangement. There is an expectation that an attempt has been made to resolve any dispute between occupants, in accordance with the park rules, prior to the caravan park owner's involvement. The caravan park owner will seek to have disputes settled in a manner acceptable to all concerned but at times will be required to make a judgment with respect to a breach of duty by an occupant. A breach of park rules may result in the caravan park owner terminating any agreement. Disciplining of Children Children who misbehave in the caravan park generally will normally be reminded of what constitutes acceptable behaviour before any other action is taken. If a child continues to behave in an unacceptable manner the caravan park owner reserves the right to impose a reasonable sanction on the child. For example the child may be banned from using their bicycle for a period of time. It is expected, in accordance with the caravan park rules, that parents will support the caravan park owner with respect to any reasonable sanction imposed. SELLING CARAVANS & CABINS refer to Appendix A, B & C Conditions & Requirements to sell on Site. Selling of goods New and second hand goods, chattels furniture etc are not to be sold in the caravan park. Gas It is your responsibility to maintain all gas fittings to current standards. All 45kg Bottles are to be chained as per Gas & CFA Regulations and Residential Tenancies (Caravan Parks & Moveable Dwellings Registration and Standards) Regulations 2010. No gas refills are offered; swap bottles available during office hours. The Park Management offers no repairs/maintenance. MAIL & PHONE MESSAGES. Mail can be collected at the office during office hours. Mail should be clearly addressed with your name. Any mail not clearly identified will be deemed as park 15

mail and opened by Management. The Caravan Park is not to be used as a permanent mailing address. Phone messages of an important nature will only be taken and placed on the whiteboard at the office. Please remove your message from the board once you have received it. 16