53Prohibited terms

53 Prohibited terms

For the purposes of section 144AA(1)(e) of the Act, the following terms are prescribed as prohibited terms—

(a) a term which binds the resident to a contract that the resident did not agree to in writing, after having an opportunity to review the contract, before entering into the agreement;

(b) a term which requires the resident to indemnify the caravan park owner or caravan owner;

(c) a term which prevents the resident from making a claim for compensation because the caravan or caravan park site is not available on the commencement date of the agreement;

(d) a term which requires the resident to pay rent or a hiring charge in advance by a payment method which requires additional costs (other than bank fees or account fees payable on the resident's bank account);

(e) a term which requires the resident to use the services of a third party service provider nominated by the caravan park owner or caravan owner other than an embedded network;

(f) a term which makes the resident liable for the caravan park owner's or caravan owner's costs of filing an application at the Tribunal;

(g) a term which makes the resident liable by default for an insurance excess to be paid under an insurance policy of the caravan park owner or caravan owner;

(h) a term which imposes fixed fees for terminating an agreement early, unless the basis for calculating the fixed fees has been set out in the agreement.