These terms and conditions apply to all tasks and services performed or delivered by Spanishhomes ApS, CVR no. (CIF) DK 42152412 (hereinafter Spanishhomes), unless otherwise agreed in writing.
Receipt and confirmation of the task
We begin our work for the customer when this has been agreed orally or in writing (including by our confirmation by e-mail). Upon request or on our own initiative, we can, however, send a written confirmation of the task, which contains further information about the expected scope of the task, fee calculation, schedule, etc.
Identity information and information under the Money Laundering Act
We collect usual money laundering information in the form of driving license, passport, health card or the like. This may take place from the start of the case or during the performance of the task.
Fee when purchasing property
In principle, we do not charge the customer with a fee when assisting the customer with the purchase of a property in Spain.
Spanishhomes typically receives fees from the seller, the seller’s real estate broker, real estate provider, promoter, agent or property developer (collectively referred to as “Seller”) when a customer (i.e. a buyer) buys a property and relies on assistance provided by Spanishhomes. The precondition for this, however, is that the customer, upon the “first contact” with the Seller, is registered as a customer represented by Spanishhomes.
It is unconditionally the customer’s own responsibility if the customer himself – or via another party than Spanishhomes – makes the “first contact” and thus becomes registered as a customer/a potentially interested party.
If you, as a potential buyer of a property in Spain, requests to receive material on a specific property (e.g. by filling out a form online, by contacting an agent/seller by email or otherwise), such behaviour is considered to be a “first contact” to the Seller, which means that you as a customer shall pay a fee to Spanishhomes when relying on our assistance.
If the customer has been registered in his own name or has been registered with another party than Spanishhomes as the customer’s representative, which means that Spanishhomes will not receive a full fee from the Seller, the customer shall pay a fee to Spanishhomes of 3% (three percent) of the purchase price of the purchased property. The fee shall be paid when signing the purchase agreement for the purchased property.
So therefore – if you as a customer find a potentially interesting property on the Internet, do not contact the party in question. Contact us instead and we will make sure that you are registered correctly as a customer, whereupon you can continue to rely on our assistance free of charge.
Fee when assisting with the provision of financing for the purchase of property
Spanishhomes assists buyers with the provision of financing in connection with the purchase of property, including contacting/negotiating with banks and others in connection with the raising of capital (e.g. bank loans, mortgage loans, home equity loans and other forms of raising capital) and calculates a fee for this assistance of 1% of the capital raised. However, a minimum fee of DKK 12,500 incl. VAT is always paid for such assistance.
Fee when selling property
Spanishhomes receives a fee from the seller when the seller has concluded an agreement with Spanishhomes regarding the sale, the assistance and the size and payment of the fee.
Terms of payment
The terms of payment are 7 calendar days from the invoice date, and VAT is added according to current rules. In the event of late payment, interest shall be charged in accordance with the rules of the Danish Interest Act.
Outlays, travelling and accommodation expenses
In addition to the fee if any, the customer shall pay any other expenses and outlays that we have incurred as part of the performance of the task, including travelling and accommodation expenses. However, travelling and accommodation expenses to and from Denmark/Spain shall only be paid if this has been agreed in writing in advance. Outlays are charged separately.
Use of our assistance
Our assistance is targeted at the specific purpose agreed with the customer and may not therefore be used for any other purpose without our prior express consent. Unless otherwise agreed, we are only responsible to the customer for the assistance we ourselves provide.
Intellectual property rights
All intellectual property rights, including copyright, trademarks and all other rights to and on spanishhomes.dk belong to Spanishhomes. Material available on spanishhomes.dk may be downloaded for non-commercial and personal use provided that all of these rights are respected. The content of spanishhomes.dk, including text, images, audio and video, may not be used in any way, including being copied, uploaded, transmitted or distributed for public or commercial use without the prior written consent of Spanishhomes.
Completion of the task
As a general rule, we follow the task to its natural conclusion. We reserve the right to withdraw from a case if in special cases we are unable to take the responsibility for any further assistance, or if we are of the opinion that it is in the customer’s interest that we no longer provide our assistance. In such cases, the customer will be informed thereof immediately. Original documents are usually handed over in connection with the completion of the task, if the customer should so wish, and we will keep the case in our files for at least five years from the invoice date.
Limitation of liability
Content and information from Spanishhomes and on spanishhomes.dk is obtained from partners and/or reproduced as accurately and up-to-date as possible. However, Spanishhomes shall not be liable for any damage or any loss both directly and indirectly as a result of the content provided by Spanishhomes or shown on spanishhomes.dk being incorrect, incomplete, inaccurate, displayed or presented in an incorrect manner or being inaccessible. Spanishhomes shall not provide any guarantees and shall not guarantee the accuracy, timeliness or completeness of the information. Information on the website is for general guidance only. The customer must always ensure through the customer’s own advisers that any documents or information on which the customer relies or acts are correct. Spanishhomes shall not be liable for the use of or reliance in the content on the website or on the websites to which spanishhomes.dk links regardless of whether such content has been inaccurate, incorrect or incomplete.
Any liability for damages shall in any case be limited to the maximum fee which Spanishhomes would receive for the task in question, however, with a maximum of DKK 100,000.00. The liability can thus never exceed this maximum amount and shall not in any case include any financial consequential loss, including operating loss, loss of data, lost profit, image, etc. or other forms of indirect loss.
The customer’s need for advice and assistance in relation to Spanish rules must be met by Spanish advisers and partners. All legal, financial and tax matters are the customer’s own responsibility and Spanishhomes shall not be liable for such matters, for which reason the customer is recommended to seek external advice on such matters from attorneys, accountants and others who can advise the customer on such matters. Spanishhomes shall not be liable for any errors made by other advisers recommended by Spanishhomes. The same shall apply to any errors made by subcontractors, business partners (e.g. local real estate agents) or others outside the organisation of Spanishhomes.
Business information of Spanishhomes
Spanishhomes is a private limited company domiciled in Denmark and registered with the business registration number (CVR no.) 42152412 (CIF DK-42152412).
Processing of personal data
Applicable law and venue
Any dispute between a customer and Spanishhomes shall be settled in accordance with Danish law before the Danish court of competent jurisdiction.