Legal information

Rental terms and conditions

Our website allows users to enter certain information about a property to permit the user to rent that property. The properties offered for rent are either owned by CLIKALIA or are owned by a third party who has given CLIKALIA a mandate or commission to market and, where applicable, manage the tenancy.          

Different types of rentals are listed on our website:

  1. Rental homes for end users/customers. 
  2. Rental homes for legal or natural persons seeking to make money from these homes by subletting them in full or in part. 

Users may also submit the documentation necessary for the validation of the prospective tenant via our website. Validation consists of a process in which the economic and financial capacity of the interested user is determined according to internal criteria of the CLIKALIA group and the information requested and thus transferred by the user will be processed solely and exclusively for this purpose, and for the drafting and execution of the tenancy agreement, where applicable.           

The user is responsible for the veracity of the information provided to CLIKALIA.           

Irrespective of the data and documents which the user transfers to CLIKALIA for validation, the request for rental by the user implies acceptance of the terms and conditions of the rental agreement as indicated below. Likewise, by accepting these terms and conditions, users accept and understand that where action is necessary to bring the commission, mandate or agreement to a successful conclusion and ensure the fulfilment of obligations arising under the same, CLIKALIA may, on a case-by-case basis, take the measures necessary for such purpose, invoicing the other party and/or user for the respective costs where these are legally their responsibility.           

Irrespective of the validation and its outcome, CLIKALIA is not obliged to grant or sign a tenancy with any user.           

Once the acceptance of the tenancy has been communicated by CLIKALIA, the user will receive the tenancy agreement at the email address specified for the purposes of using a digital signature to sign the agreement. If the agreement has not been signed by the party concerned within 24 hours of being sent, the consequence outlined in the section entitled "cancellation of the reservation for reasons attributable to the user" will apply.           

If you would like further information about the process relating to the acceptance of a tenancy for any of our properties, as outlined above, please send an email to documentacion.alquiler@clikalia.com, and we will contact the user as soon as possible. 

Rental reservation

When making a reservation for the rental of a particular apartment, the user will pay the sum of €200 as a reservation fee. The reservation fee will be paid by charging the user’s credit card via the payment gateway on the website, which may redirect the user to online payment processing platforms.           

Once we have obtained the result of the affordability assessment, the purpose of which is to examine the user's creditworthiness/ability to pay the monthly rent, the user may be informed

1º. That the offer is being refused or withdrawn because the customer does not meet the necessary affordability requirements and that the sum paid by way of a reservation fee will be reimbursed, without CLIKALIA assuming any kind of liability in this regard, within the deadlines set out below.

2º. That the offer is being accepted because the user has provided all the documentation necessary for the affordability assessment and meets the necessary affordability requirements, in which case the sum paid on completion of the formalities for payment of the reservation fee (€200) will be deducted from the rent for the current month or from the rent corresponding to the monthly payment immediately following this. 

3º. That additional documentation is required for the affordability assessment or for any particular circumstance.

Refusal of the offer by CLIKALIA

In those cases in which after the corresponding affordability assessment was made, the user's offer was refused, CLIKALIA will reimburse the sum paid on completion of the formalities for payment of the reservation fee within a maximum period of 30 calendar days from the day following the date on which the user was definitively notified of the refusal of their offer by means of an email sent for such purpose.

Cancellation of the reservation for reasons attributable to the user

In addition to what is outlined the previous section, where the user has correctly made a reservation for a home rental, they will have a maximum period of 24 hours in which to send all the information and documentation necessary for the affordability assessment by CLIKALIA; once this period has elapsed, if they have not sent this, they will be considered to have withdrawn the offer and CLIKALIA will be entitled not to reimburse the sum paid by the user on completion of the formalities for payment of the reservation fee, which the user shall forfeit.           

If on the other hand the user does send the documentation for the affordability assessment but this proves to be insufficient, CLIKALIA will ask the user to provide, within a maximum period of 24 hours from dispatch of the communication indicating the need for additional information, the documentation that it requires to make the corresponding assessment of their offer. If this is not provided within the time period specified, the consequence set out in the previous paragraph will apply. Where the user does provide CLIKALIA with the additional documentation required, CLIKALIA will continue to assess the user's offer.           

Finally, should CLIKALIA notify the user by email that the result of the affordability assessment is favourable and should it send the agreement, together with the corresponding annexes thereto, for it to be signed by means of a digital signature, the user will have a maximum period of 24 hours in which to complete the formalities for said digital signature. Should the user fail to digitally sign the rental agreement within the 24-hour period granted for such purpose, the sum paid at the time of completing the formalities for payment of the reservation fee will be forfeited.

Terms and conditions of the rental agreement: 

The rental agreement will state as follows:

1º. If several persons are acting as the tenant or party renting the property, all of them will be jointly and severally liable for their obligations under the rental agreement.

2º. It will identify the rented property and an inventory of the movables or household goods and furniture/equipment contained therein, together with their condition, will where applicable be included. This may also, where appropriate, be accompanied by a photographic report of such movables.

3º. It will identify the ownership of the rented property or else its availability for rental. - Regarding the shared expenses, the property will on handover be up-to-date, as of the date of the agreement, on payment of the Community of Owners' fees.

4º. The need to sign the SEPA mandate for the direct debit for the monthly rent and other expenses that have been agreed as being payable by the tenant.

5º. It will indicate the specific amounts for: rent, security deposit and additional security. As well as any other different kind of security/guarantee that may be agreed upon with a view to ensuring fulfilment of the tenant's obligations under the agreement. In addition, where this has been agreed, it will also indicate the application of a rent rebate (%), as well as the period of time over which this will be applied, as follows (or similar, as amended by the landlord):

“We would add that the Landlord shall grant the Tenant, for a period of XXX (X) months of the term of this agreement, namely from XX XXXX XXXX to XX XXXX XXXX, a rebate on the amount of the monthly rent in the sum of XXXX EUROS (€XXX), and the Tenant will therefore pay the Landlord the sum of XXXX EUROS (€XXXX) in each of these months. As of the last month of the rebate period, the Tenant must pay the full monthly amount of the above-mentioned rent".

6º. It will indicate the expenses incurred as the result of the use and enjoyment of the home, which must be met by the tenant, and, where applicable, whether the landlord is granting any kind of rebate on the payment of such expenses, expressly stating: the amount of the rebate (%) and the period of time over which this will be granted. Where rebates are agreed, the following format (or similar, as amended by the landlord) will be used: 

“We would add that the Landlord shall grant the Tenant the following payment holidays or rebates, which should be applied to the sum payable by the latter to the Landlord under the following (or similar) headings and for the following period:

HeadingRebate start dateFecha fin bonificación% rebate (0 or 100%)
Community of Owners   
IBI [local property tax]   
Waste disposal fees   

As of the last month of the rebate period, the Tenant must pay the full monthly amount of the corresponding sums".  

Unless otherwise expressly approved by CLIKALIA owing to the financial or personal circumstances of the party renting the property, the CLAUSES of the agreement will be as follows: 

 

ANNEX I: TERMS AND CONDITIONS OF THE RENTAL

ONE: Applicable regime1.1. The rental agreement is entered into under the aegis of the provisions of Law 29/1994 of 24 November, the Urban Rental Law, (hereinafter, LAU), as subsequently amended, including more particularly the amendments introduced to this by Royal Decree-Law 7/2019 of 1 March on urgent housing and rental measures, and is subject, as a mandatory requirement, to the provisions of Titles ONE and FOUR of said [legal] norm (I Scope of the Law, arts. 1 to 5) and IV (Common provisions, arts. 36 and 37). Furthermore, since it concerns a rental for use as a home, it shall be governed by the agreements, clauses and terms and conditions which the parties decide upon, in keeping with their wishes, within the framework of the provisions of Title II of the LAU (arts. 6 to 28) and, in addition, by the provisions of the Civil Code.
TWO: Subject

2.1.- The landlord rents the home to the tenant. More specifically, the home is rented for use as the tenant’s usual home, and no trade or industry, whether manual, office or professional practice, or other similar or analogous operation may be carried out in the home or set up on the premises.       
The tenant will view and inspect the home and declare in the agreement that they are familiar with the size, characteristics and condition of and shared services for the home. The landlord will declare that the home is free of charges and encumbrances that might affect the occupancy and use of the home by the tenant.

2.2.- On signing the agreement, the tenant shall receive the keys and free possession and disposal of the home, the physical condition, legal status and characteristics of which they declare that they are familiar with and accept, having checked them previously, also considering the home suitable for the agreed intended purpose.       
The tenant will declare that the condition of the home that they are receiving is such as to permit it to be used as a usual home, finding it to be in keeping with such use, notwithstanding the implications of any defects, inadequacies or faults that may arise in the general connections, supply pipes or structural elements and, more generally, deficiencies that cannot be seen with the naked eye.

2.3. - Where the rented home is furnished in accordance with the attached inventory, the tenant will be liable for the deterioration in the furniture in question on account of any damage or harm caused to it, or any failure or damage caused by misuse, negligence or wilful misconduct, and this in the amount corresponding to the market value of each of the damaged items as of the date on which the tenant notifies the damage, failure, damage or harm caused to the item, or if this has not occurred by the date of termination of the agreement, when this is discovered by the party letting the property following repossession or return of the rented home. The tenant must pay the landlord said amount, upon simple request by the latter, within 3 days of said request, failing which it may be deducted from the security deposit and additional security.

THREE: Intended purpose

3.1.- For all purposes of this agreement, the home must be used exclusively as the habitual and permanent residence of the tenant and/or their relatives. And, where applicable, the parking space must be used exclusively for the parking of a single motor vehicle and, where applicable, the storeroom must be used exclusively for the storage of movable property and household goods, whether legally owned or intended for lawful trading.
The tenant must where applicable inform the landlord if a third person from outside the immediate family is moving in.
No parties are allowed to take place in the rented home, and this would be grounds for termination of the agreement. No holes are permitted to be drilled in nor is any bracing or other similar activity to be done to any of the tiling of the rented home or its outbuildings or annexes.       
Failure to comply with these conditions shall be grounds for termination of the agreement, without prejudice to liability for damages and the corresponding compensation.

3.2.- The tenant undertakes to notify the landlord of the persons who will be permanently living with them on a regular basis. The tenant directly assumes sole responsibility for any damage that may be caused to persons or property as a direct or indirect consequence of the use of the home by the tenant and other persons who live with them, or their guests or persons or animals that they bring into the home, releasing the landlord from any liability, even for damage caused as the result of handling or misusing the facilities providing services and supplies to the home or for damage arising in the building in which it is located, with the tenant being directly responsible for this.

3.3.- The tenant must comply with the provisions of current legislation and the rules of the Community of Owners of the building, especially with regard to the use and enjoyment of shared facilities and services, as well as peaceful coexistence in the Community and prohibited activities.
 

FOUR: Assignment. Subletting and right of first refusal

4.1.- The tenant knows and accepts that the landlord may assign its status as landlord in favour of a third party, under the legally applicable terms.

4.2.- The tenant is expressly prohibited from subletting - even partially - the home or any of its parts or elements and from assigning the agreement, also from regularly keeping the home unoccupied.

4.3.- The tenant hereby expressly waives their right of first refusal, as referred to in article 25 of the current Urban Rental Law, in case of the disposal or transfer under any heading of the rented home. 

FIVE: Term. Extension, withdrawal and return of the home

5.1.- The rental is established for a period of 1 year, commencing on the xx day of the month of the year. In accordance with the legislation currently in force, if the initial rental period is less than 7 years, the tenant will have the right to renew the rental annually until it has run for a term of 7 years; no such renewal will take place if the tenant notifies THE LANDLORD IN A RELIABLE MANNER BY EMAIL of its waiver of this right in writing at least 30 days prior to the end of the agreed period or any of its annual extensions.

On the expiry date of the agreement or any of its legally binding extensions, once a minimum of 7 years of the term of the agreement have elapsed, the applicable legislation then in force will apply.

The term of the present agreement will begin to run as of the date of its formal execution, which coincides with the date on which the rented property is made available to the tenant, such term being binding on both parties.

The keys will be handed over on the date indicated as being the date of entry, i.e. on the xx day of the month of the year.

5.2.- The tenant may only withdraw from the rental agreement once a period of at least six (6) months of the term of the agreement have elapsed, and provided that they give the landlord at least thirty (30) days' prior notice of this by reliable means; in this case the tenant will provide the landlord with compensation in the amount of one month's rent at the current rate for each year of the agreement that is yet to run. Periods of less than one year will give rise to the [payment of a] proportional share of the compensation. If the withdrawal occurs before the first six (6) months of the term of the agreement have elapsed, the tenant will be obliged to provide the landlord with compensation in the sum of one month's rent.

5.3.- On termination of the rental agreement, the tenant must return the keys to the landlord, providing the latter with free possession and disposal of the home, which must be empty, clean and in the same good condition in which it was received; the home shall then be inspected as soon as possible by the landlord or by the person appointed by the same.

5.4.- Failure to comply with what is agreed in the previous section, including any simple delay in vacating the home, will entail the payment of compensation to the landlord in consequence of the improper use of the home by the tenant, this being hereby expressly agreed as a penalty clause for an amount equivalent to €150 per day of delay; in this regard, there shall be no need to provide proof of damages of any kind AND THIS SHALL BE WITHOUT PREJUDICE TO THE COMPENSATION FOR DAMAGES THAT MIGHT BE APPROPRIATE UNDER THE LAW; the tenant shall also be obliged to pay the expenses, payment of which is binding on the tenant under the present agreement, applicable as of the date of termination of said agreement for each month or fraction of a month (in this case, irrespective of the number of days) in which the tenant continues to make improper use of the home.

5.5.- Where possession of the property is returned through handover of the keys, this must be done Monday to Friday, 8:00 to 18:00, through return to the landlord by endorsing and signing the document providing for the termination of the rental agreement and its Annex I of "receipt" of the keys.

SIX: Rent, form of payment, updating and consequences of non-payment

6.1.- The amount of the monthly rent is XXXXX EUROS (€xxx.xx).

The rent corresponding to the month of START OF THE RENTAL will be proportional to the rent for that month (February), which amounts to XXXXX EUROS (€xxx.xx).

6.2.- The rent must be paid on the first SEVEN days of each month. Payment of the rent will be in euros and the tenant undertakes to pay the rent by direct debit, authorising and endorsing for such purpose the SEPA mandate attached hereto as Annex III.

Any change to the bank and bank account specified herein will take effect between the parties only after the tenant has given the landlord at least 30 days' prior notice by reliable means of the intended change, specifying the new bank, with branches open in Spain, and the replacement current account. The rent will only be understood to have been paid once it is received in the landlord’s bank account and the respective accounting entry has been made in said bank account. In case of default in the payment of rent, the parties agree to late payment interest per day of delay on the amount owed at the legal interest rate. This interest will be automatically applicable and due, without the need for the landlord to issue any demand. The relevant pay-in slip/proof of the transfer made will provide sufficient evidence of payment, without the need for the landlord to issue a receipt.

Furthermore, if the amount due by the tenant remains unpaid, the tenant will be charged, for each non-payment, an additional 25 euros per non-payment or returned direct debit to cover the collection costs, without prejudice to any other compensation payments that might apply by law on account of the non-compliance.

6.3.- The rent will be increased annually (in accordance with the provisions of clause 6.1 of this agreement) on the expiry date of each year of the term of the agreement, by applying the percentage variation in the Consumer Price Index as of the date of each update, taking as the reference month for the update the month corresponding to the index published on the date the agreement was last updated. Following the first update, subsequent updates will automatically be made to the previously updated rent. The landlord may for information purposes send a communication to the tenant by email indicating the updated rent. If the CPI is no longer published, the Competitiveness Guarantee Index (IGC) will be used as the reference index. However, in no event may the update be negative for the landlord.

The changes to the rent resulting from the updating process agreed to in this clause will be incorporated into the rent payable under the agreement and will therefore come to form part of the basis for successive updates, all in accordance with the provisions of the Urban Rental Law. Where any limitation to the application of the index indicated above has been temporarily approved, this limitation will be complied with during the period in which it is in force if it is applicable to the agreement.

6.4.- Late payment interest at the legal interest rate will accrue in favour of the landlord, without the need to issue any prior demand, up until the date of effective payment of all the sums due, on any delay in the payment of any of the financial obligations arising under the present agreement that do not relate to the monthly rent, to which the provisions of section 6.2 above will apply.

6.5.- Where the non-payment of any sum payment of which is incumbent upon the tenant gives rise to damages, all such damages will be chargeable to the latter. The landlord may pass on these costs to the tenant, without the need to give prior notice of this, in the bill for the following month, attaching the appropriate supporting documents.

6.6.- The non-payment and/or late payment of rent, either due to a delay in payment of more than one, consecutive or alternate, month or in [terms of] the remaining sums due, is considered to be express grounds for termination of this agreement, exercisable at the discretion of the landlord following the first instance of non-compliance. Once the [right of] termination of the agreement has been exercised, it is expressly agreed that the rent owed which is still outstanding, including the late payment interest referred to in point 6.2, will accrue annual late payment interest at the legal interest rate plus 3 percentage points. All costs arising from a judicial or extrajudicial claim for non-compliance, eviction, termination, any quantified claim and/or damages arising from the rental will be met by the debtor or defaulting party.

6.7. Recovery costs for debt repayment. 

The tenant must pay the invoices when they are due (on the first 7 calendar days of each month if the invoice is for collection of the rent). Should the tenant fail to pay their invoice, the landlord will notify them in a personal communication of the unpaid amount, in all circumstances respecting their privacy. The aforementioned communication to the tenant may be made either in a telephone call, by ordinary post, by email or by any other digital means.         

The landlord may pass on to the tenant the costs effectively incurred as the result of the aforementioned non-payment of invoices. These costs shall include the costs which the landlord has incurred in connection with the steps taken to recover the amounts under the unpaid invoices. In addition, the landlord may charge any tenant who has arranged for the bills to be paid by direct debit via SEPA mandate, under the heading of recovery costs, up to TWENTY-FIVE EUROS (€25.00) for each unpaid invoice, notwithstanding the fact that the landlord may take other action, including, inter alia, enforcement of the security deposit, additional security and any other guarantees existing in each case, as well as the inclusion, where appropriate, of the tenant's data on financial creditworthiness and credit files where this is appropriate.
 

SEVEN: Payment of shared expenses. Exclusive services and supplies

7.1.- The rental price does not include the home’s ordinary running costs, i.e. the supplies or services for the home, which are individually identifiable with the aid of meters and which will be met exclusively by the tenant (electricity, telephone, water, gas, alarm, if any, and any other supplies, and other individually identifiable expenses that will be met by the tenant), and the tenant must arrange for the securitisation of such costs.

7.2.- The tenant expressly authorises the landlord, acting on the tenant’s behalf, to arrange for the change of name corresponding to: (At the tenant's request)

  • Change of name for the electricity supply, individual gas supply, heating, alarm (if any) and water supply (in accordance with the authorisation attached as ANNEX II).

7.3.- The installation, maintenance, repair and replacement of the respective meters and of any other necessary elements of the facilities, under the conditions required at any time by the supply companies, will be at the expense of the tenant.

7.4.- The landlord accepts no responsibility for any interruptions that may occur in any of the above services (lift, electricity, water, television, etc.) when such interruptions have occurred for reasons beyond the landlord’s control, nor will the landlord be obliged to make deductions from the rent on account of such interruptions.

7.5.- It is hereby expressly placed on record that at the end of the rental agreement and in order to hand over the property free of charges or of any contractual relations arising from supplies that may affect any new tenant entering into subsequent contracts, the current tenant must provide the landlord with the corresponding supporting documents issued by each one of the supply companies, placing on record the fact that the tenant is up-to-date with payment for the supplies that may affect the property and, where applicable, the corresponding certification of the status of cancellation of said contracts.        
The parties hereby mutually agree to a penalty of 150 euros per supply for the event that the tenant fails to deliver the documents referred to in the previous paragraph to the landlord within a period of ten (10) days (as of the date of handover of the keys to the rented home); this penalty will automatically accrue in the event of the tenant’s non-compliance with this obligation, without the need for the landlord to issue any demand in this regard.       

The tenant is also obliged to cancel these contracts on expiry of the term of the agreement or any of its extensions if so requested by the landlord.

7.6.- The expenses incurred on water or other supplies for those communities of owners where this is included in the community’s bill will be reinvoiced to the tenant, who must pay them either by direct debit, or by payment into the account or transfer at the choice of the landlord.

7.7.- Community Expenses and Property Tax: The tenant shall meet the expenses incurred as the result of being part of the community of owners, as well as the Property Tax ("IBI") for the home in proportion to the period of time they occupied the home.

7.8.- The landlord does not accept or assume responsibility for, nor will the landlord be obliged to reduce the rent in any way or the tenant be permitted to terminate the present agreement due to, interruptions or cuts that may occur in any of the supplies and general and individual services of the home, provided that these were not brought about by causes attributable to the landlord.

7.9.- In the event that the party renting the property has a security alarm installed in the home, they undertake to cancel it during the SEVEN (7) days preceding the end of the rental, and will cooperate with the party letting the property to facilitate the installation of the new alarm. In any event, responsibility for returning the alarm to the security company that owns it lies with the party renting the property.
 

EIGHT: Other Expenses and Taxes

8.1.- Where the tenant wishes to register the rental of the home, all notary and registry costs associated with the notarisation of this agreement (or its execution in a public document), with its entry, where applicable, in the Land Register and with its cancellation will be at the expense of the party requesting its registration.       
If the agreement has been entered in the Land Register at the request of the tenant, the tenant is obliged, at their expense, to cancel this entry together with the landlord upon termination of the agreement.

8.2.- Rubbish/waste disposal fees or similar or analogous charges will be payable by the tenant, and the landlord will reinvoice these to the tenant, who must pay them either by direct debit, or by payment into account or transfer at the landlord's choice.
 

NINE: Repairs and works

9.1.- Works the cost of which must be met by the tenant       
Should the tenant wish to carry out works in the home, they must communicate this in writing by reliable means to the landlord, who must give their express written consent prior to the works being carried out. If the landlord authorises the works to be carried out, such works shall be at the expense of the tenant and will accrue to the benefit of the home, with no entitlement at any time to compensation or to a claim. The municipal permit required to carry out the works shall also be at the expense of the tenant, as shall the technical or specialist management, where applicable, and the tenant shall bear all liabilities arising as the result of the work. Where the landlord does not expressly consent to authorising the completion of the works at the expense of the tenant, such works may under no circumstances be carried out.       
It is prohibited to drill holes in kitchen and bathroom walls, floors, doors (including those of the wardrobes/cupboards supplied with the home) or built-in shelves, or to place flowerpots on wooden or porous floors in the home, to prevent their being damaged by damp.       
The landlord is authorised to enter the home at any time, after giving at least two calendar days' notice, in order to check the condition of the home and to ensure that no unauthorised works have been carried out.       
Breach of this clause shall be grounds for termination of this agreement. The landlord may require the items to be reinstated to their previous condition, and may seek the corresponding compensation.

9.2.- Works the cost of which must be met by the landlord: The legislation in force as of the date this agreement is signed will be applied, the parties declaring that, in the event of urgent repair work, the tenant will immediately notify this to the landlord, who undertakes to carry out the repair with the utmost urgency. If once five (5) working days have elapsed, the repair has not been made, the tenant may carry out the repair themselves, either deducting the cost of the repair from the rent payable in the following month, after providing evidence of this by means of the appropriate invoice sent to the landlord, or adding the cost, where applicable, to the sum due to be returned by the landlord as a security deposit at the end of the rental, depending on what the parties agree at the time of the repair, always in accordance with what is set out herein.

9.3.- In accordance with article 19.4 of the Urban Rental Law, at any time from commencement of the term of this rental agreement and subject to prior agreement between the landlord and the tenant, betterments may be made to the rented property, and the rent under the agreement may be increased, without this entailing any interruption of the mandatory extension period established in article 9 or the tacit extension period referred to in article 10 of the LAU.

9.4.- The tenant will be responsible for the ordinary maintenance and repair of the apartments (damage associated with wear and tear due to regular use of the apartment). Accordingly, the tenant undertakes to carry out and pay the full cost of ordinary works and minor repairs. For example, the replacement of light bulbs, general maintenance of appliances, replacement of small appliances and kitchenware, ordinary plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, as well as repairs associated with negligent use on the part of the tenant.

9.5.- The landlord will be responsible for the extraordinary maintenance and repair of the apartments, their structural elements and general facilities, including air conditioning (repairs arising from structural problems and wear and tear to the apartment which is not ordinary wear and tear). Consequently, the landlord undertakes to carry out and pay the full cost of any extraordinary works, repairs and/or replacements necessary to restore any element of the apartments to proper working order, including the replacement of damaged parts or complete elements, except where such works and activities are necessary on account of damage caused by the tenant (or any subtenant).
 

TEN: Security Deposit, Additional Security and Insurance.

10.1.- On formal execution of the rental agreement, the tenant will hand over to the landlord as a security deposit the sum of XXXXX EUROS (€XXX.XX), corresponding to one (1) month's rent. This security deposit will be considered to be a deposit of funds during the term of the agreement and will be returned to the tenant if, at the end of the rental period, the tenant is up-to-date with payments and the home has been maintained and returned in perfect condition.

The aforementioned security deposit must be paid to the landlord by means of a bank transfer to the bank account with the following IBAN: XXXX XXXX XXXX XXXX XXXX XXXX, in the manner outlined on page two of the agreement.

10.2.- Furthermore, as an additional security, the tenant shall also hand over upon signing this rental agreement the sum of XXXX EUROS (€XXX.XX). The additional security will be returned to the tenant if, at the end of the rental period, the tenant is up-to-date with payments and the home has been handed over in perfect condition.

Both the legal security deposit and the additional security have been established to guarantee the tenant’s legal and contractual obligations. The landlord undertakes to deposit the legal security deposit in accordance with the applicable regional legislation. In the same way as the security deposit, the additional security must be paid to the landlord by means of a bank transfer to the bank account with the following IBAN: XXXX XXXX XXXX XXXX XXXX XXXX, in the manner outlined on page two of the agreement.

10.3.- The existence of the security deposit and additional security will never be used as a pretext to delay payment of the rent or of any of the sums which the tenant has undertaken to pay.

10.4.- Should the quantified amount of the damage caused to the home or the amount of the charges, expenses, services or supplies to be met by the tenant be greater than the security deposit deposited and the additional security provided, the tenant will be obliged to pay the necessary amounts up to the payment in full of the amounts due under the aforementioned headings, it being understood that the amount of the security deposit and additional security does not act as an amount limiting the tenant’s liability under such headings and any possible compensation for damages.

10.5.- HOME INSURANCE: The tenant undertakes to take out home insurance, valid for the entire term of the rental agreement, to cover liability for damage to third parties and also to cover the contents of the rented property up to a value of €10,000 to cover claims including water damage, fire or electrical damage, which must take effect as of the date of formal execution of the rental agreement.       

By virtue of this clause, the tenant hereby authorises the landlord to take out on their behalf, for the entire term of the agreement and any extensions thereto, where applicable, a home insurance policy on which the tenant is the policyholder and insured party and which includes third party liability and [cover for] damage that may be caused to the home, covering the contents of the rented property up to a value of €10,000 to cover claims including water damage, fire or electrical damage, notwithstanding the tenant's liability for damage caused by misuse of the rented home; the cost of this insurance and its renewals shall be met by the tenant, who hereby expressly authorises this to be charged from the same account as that from which the bill for the rent is paid by direct debit. For this process, the tenant must provide all the documentation required in order to make the respective arrangements. Once the contract with the insurance company has been signed, the landlord will provide the tenant with a copy of said contract.        

The account number indicated by the tenant as being the account from which to debit the premium for the rental is in IBAN format: XXXX XXXX XXXX XXXX XXXX XXXX.        

Failure by the tenant to pay the premium shall be regarded as a fundamental breach and grounds for termination; notwithstanding the fact that the landlord may opt to terminate the agreement, the landlord may offset the respective debt against the security deposit and/or additional security. If the tenant withdraws from the rental prior to the end of the year covered by the insurance, there shall be no pro rata return of the premium. 
 

ELEVEN. - TENANT’S OBLIGATIONS. 

11.1.- The tenant undertakes moreover, jointly and severally, as follows:

  1. To pay the rent, any legal and/or contractual increases and increments and the agreed expenses and services in the manner provided for, including the security deposit and additional security.
  2. To pay for the repairs of damage caused to the home through the fault or negligence of the tenants. Minor repairs required on account of wear and tear caused by regular use of the home shall be met by the tenant .
  3. Not to assign, transfer or sublet all or part of the home forming the subject of this agreement, nor to use all or part of the home for lodging or any other type of accommodation, without the express written consent of the landlord.
  4. To inform the landlord as soon as possible of the need to carry out the repairs necessary to maintain the home in a habitable condition.
  5. To leave the rented property in perfect condition on the date of termination of this agreement.
  6. To respect the regulations in force in the articles of association of the community of owners and those contained in the Commonhold Law currently in force, undertaking in particular not to disrupt the normal functioning of the community of owners or the lives of the home’s neighbours.
  7. The tenant must permit the landlord's repair persons to have access to the home for the purposes of checking the condition of the home and for compliance with legal and contractual obligations. The landlord will provide the tenant with 2 calendar days’ notice of this, permitting the inspection to be done on a date and at a time agreed by the parties, causing the least inconvenience and loss to the tenant. This inspection will not act as an invasion of the tenant's privacy; it will be done solely in order to check the state of preservation of the home and the property rented with it.
  8. To respect and comply with all other legal and contractual obligations under this agreement and under the applicable legislation.
     

11.2.- The breach of any of these obligations, where ascertained by the landlord, will constitute grounds for termination of the agreement, in the same way as all other grounds for termination provided for by law or under the present agreement.

TWELVE. - TERMINATION OF THE AGREEMENT.

12.1.- The present agreement will terminate on expiry of the fixed term. In this case neither party will be entitled to claim any compensation from the other party in this regard.      

12.2.- It may also be terminated on an earlier date, at the request of either of the parties and by giving the other party reliable notice of this, on account of the other party's failure to comply with any of the obligations assumed under this agreement.      
In particular, the parties expressly agree that the non-payment of any monthly rent, or of the sums payment of which the tenant undertakes to make under this agreement, will be grounds for termination of the agreement.  
In this case, the party that has performed its obligations may choose between (i) requiring the performance of the obligation or (ii) initiating the termination of the agreement, with the non-performing party having to pay all the sums owed that, where applicable, gave rise to the termination. This party may moreover, in both cases, also claim damages.      
Where the landlord seeks termination of the rental agreement on account of the tenant’s breach of their essential obligations, i.e.: (i) to pay the rent and other amounts due and (ii) to keep the home in good condition. The landlord will also be entitled to claim as damages the sum corresponding to the rent outstanding from the date of termination until the date of expiry of the rental ex. Agreement Two above.
 

THIRTEEN - GROUNDS FOR TERMINATION OF THE AGREEMENT      

13.1.- The non-performance for any reason of the obligations arising under this rental agreement will entitle the party that has performed its obligations to require the performance of the obligation or to initiate the termination of the rental agreement in accordance with the provisions of article 1,124 of the Civil Code. Likewise, the parties may terminate the rental agreement as of right in the cases provided for in article 27 of the Urban Rental Law and in the event of any breach of the obligations agreed in this rental agreement, where there is provision for this to be grounds for termination.
As an illustration, without limitation, the landlord may terminate this rental agreement as of right on the following grounds:

  • The tenant engaging in nuisance, unsanitary, harmful, dangerous or unlawful activities in the rented home.
  • The tenant deliberately causing damage to or carrying out non-permitted works in the home, as well as any other work that might affect or alter the structure of any element of the building.
  • The tenant likewise undertakes not to do anything that may invalidate the general insurance for the home and the building in which it is located.
  • Failure to pay the rent and other sums which the tenant has undertaken to pay or which the tenant is liable to pay under the agreement.
  • Failure to pay the amount of the update to the security deposit, rent and/or additional security as established by the parties and by legislative provisions.
  • Non-permitted assignment or subletting.
     
DECIMOCUARTA:
Notificaciones

14.1.- For the purpose of receiving any notifications related to the rights and obligations recognized in this contract, the following email addresses are designated:

Landlord: soportealquileres@clikalia.com
                                         Tenant: XXXXXX@XXXX.XX

and the following addresses:
Landlord: c/.
Tenant: c/.

14.2.- Communications should preferably be made by means of electronic communication, and where this is not possible or in case of a malfunction in the electronic service, by ordinary post by means of burofax [special notice sent by registered mail by the post office].

FIFTEEN. - JURISDICTION      

15.1.- The Courts and Tribunals of the location at which the rented home is situated shall have jurisdiction with respect to the resolution of any litigious matter that might arise from the interpretation and/or performance of the present agreement.      

 

SIXTEEN - CONSUMER RIGHTS      

16.1.- The parties will declare that the agreement has been mutually entered into in accordance with legislation applicable to the protection of consumers and users, and none of its provisions may be considered to be an imposition, waiver or limitation.      

 

SEVENTEEN - DATA PROTECTION.      

17.1.- In compliance with the General [Data Protection] Regulation (EU) 2016/279 and with the Organic Law 3/2018 of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, the tenant is informed that the personal data that they have provided to the landlord will be processed by the latter, in full compliance with the aforementioned legislation and any other legislation in force that may be applicable, for the sole purpose of administering the home rental      
agreement and based on the execution of this contractual relationship.      
In this regard, the landlord will not without the prior consent of the data subject communicate to third parties the personal data which the tenant has communicated to the landlord with the aim of formally executing this contractual relationship, except where this is strictly necessary for the performance of the legal and contractual obligations arising under this agreement, notwithstanding the fact that the landlord's administrative management service providers may have access to the tenant's personal data for the provision of said services.      
The landlord will retain the tenant's personal data during the period in which the contractual relationship is in force, retaining the aforementioned data subsequently, the data being duly and adequately blocked, for the duration of the limitation period for actions that may be brought in accordance with the applicable civil legislation.      
Finally, the tenant is informed that they may exercise their rights of access, rectification, erasure or to be forgotten, their right to the portability of their personal data, to the restriction of the processing of such data, their right to object and their right to withdraw the consent given by contacting the landlord at the address indicated in the heading of this agreement, duly providing evidence of their identity, or by sending an email to the address: dpo@clikalia.com. All of the above is without prejudice to the right of the tenant to exercise their rights by lodging a complaint which they consider appropriate with the Spanish Data Protection Agency.      
 
17.2.- The landlord hereby informs the tenant that in case of any non-payment of sums which they are responsible for paying, in any amount or combined total, under the present agreement, their personal data may be transferred to the national or international financial creditworthiness file, as decided on by the landlord, based on the legitimate interest of fraud prevention, or any other civil or criminal offences, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.   

17.3.- Where data on the tenant's non-payments is, at the landlord’s request, included in a negative financial creditworthiness file, the tenant will receive no later than one month after the debt has been entered in the file a communication from the owner of the file in question informing them of the inclusion of their personal data in the same, and informing them of the possibility of exercising the rights provided for in articles 15 to 22 of the General [Data Protection] Regulation (EU) 2016/679. Under no circumstances shall the landlord assume any liability as the result of the failure of the owner of the corresponding file to make the aforesaid communication to the tenant in debt.      

 
17.4.- Sending of proprietary commercial communications.      
 
In accordance with the provisions of the second paragraph of article 21 of Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce, we also hereby request the tenants’ express consent authorising us to send them commercial communications and advertising for our products or promotions that we consider may be of interest to them, based on the products or services that formed the subject of the agreement, either by email or by any other equivalent means of electronic communication. Accordingly, the tenant opts as follows:
 
□ I have read and agree to the processing of my personal data, including communication to other companies in the CLIKALIA group, to receive advertising and/or commercial or promotional communications, including by electronic means.   
 
You are informed that you may at any time withdraw the consent you have given to receive advertising and/or commercial communications by sending an email to the following email address: dpo@clikalia.com.
 
 
17.5.- Direct Debit Mandate (SEPA)
 
In accordance with and in compliance with the provisions of General Regulation (EU) 2016/279 and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, XXXX informs the tenant that their personal data will also be processed in accordance with the aforementioned legislation, for the purpose of managing the collection of monthly rent and expenses derived from the lease of the property subject to this contract. For this purpose, your data will be transferred solely and exclusively for the purpose of managing said payments.
 
In any case, the tenant is informed that they may exercise all the rights granted to them, as indicated in the first section of this Clause.

Therefore, the tenant hereby states that:

□ I HEREBY CONSENT specifically, unequivocally, freely and on an informed basis and HEREBY AUTHORISE to XXXXXX to collect, process, store, and transfer my personal data to third parties, for the purpose of managing the collection of monthly rent payments as they become due, as well as any expenses related to the property subject to this contract that have been agreed to be borne by the tenant.

 

17.6.- Transfer of data to the Homeowners' Association.

The tenant authorizes the landlord to transfer their personal data to the corresponding Homeowners' Association, for the purpose of establishing a direct relationship with the tenant regarding general expenses, utilities, and community expenses in general:
□ I HEREBY CONSENT specifically, unequivocally, freely and on an informed basis and HEREBY AUTHORISE to XXXXXX, to process and transfer my personal data to the corresponding Homeowners' Association, so that the latter can communicate directly with the tenant regarding general expenses, utilities, and Homeowners' Association fees that are the tenant's responsibility.

EIGHTEEN - PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING 

18.1.- Prevention of money laundering and terrorist financing: 
Within the framework of execution of the contractual relationship, the tenant will where applicable provide the landlord, at least 48 hours prior to the date of signing the rental agreement, truthfully and in full, with all the information and documentation that is necessary and required to permit the landlord to comply with their obligations under Law 10/2010 of 28 April and other legislation governing the prevention of money laundering and terrorist financing, and the tenant hereby expressly authorises the landlord to make the updates to this verification that the landlord deems appropriate for such purposes. 
Should the landlord fail to obtain the information and documentation required in the internal policies established to comply with the legislation, this will be sufficient grounds for the landlord to be authorised NOT TO CONTINUE WITH THE VALIDATION OF THE POSSIBLE TENANT FOR THE TENANCY or, where applicable, to terminate the contractual relationship with the tenant if this has already been signed. 

18.2.- The tenant accepts and declares that they have read and understood the terms and conditions as set out above.
 

ANEXO II: AUTHORIZATIONS FOR CHANGES IN SUPPLIES AND CHARGES FOR COMMUNITY EXPENSES OF PROPERTY OWNERS (When contracted by the tenant)"

Ms/Mr ............................., of legal age, with National ID/Foreign Resident ID number ..........................................., with address for notification purposes at……………………………………………., hereby authorises the CLIKALIA group to do the following on their behalf:

  • Change of name for the electricity, individual gas and water supply, excluding the registrations to the energy management system (centralised DHW + Heating system), the cost and management of which is the responsibility of the tenant. It should be added that in those cases in which the supplies are communal and the cost of such supplies is included in the ordinary expenses of the community of owners, they expressly authorise this cost to be passed on directly to the tenant by the community of owners itself.
  • Change of name where applicable for the alarm or security system installed in the rented home.
  • Change of direct debit.
  • Change of correspondence address
  • Request for duplicate invoices 
     

For the completion of formalities relating to the direct debit, the bank details, which are those of the tenant in whose name the supply is registered, are as follows:

ACCOUNT NUMBER  – IBAN: xxxxxxx

CONTACT TEL: xxxxxxxxx

Ms/Mr.   xxxxxxxxxxx