Legal information

Specific conditions specific to the rental management mandate:

SPECIALITY FLATS OWNED BY OTHERS THAN CLIKALIA which it sells:
* The apartment is not owned by the CLIKALIA group, the rental is made by order of the owner in its commercialization.
* The property will have a period of 10 calendar days to accept the offer without there being any obligation to accept the offer made by the user.
*Regardless of the amount of the offer, (whether it is equal, lower or higher) than the estimated published price, it will not be mandatory or binding for the property until it expressly notifies the user making the offer of its acceptance.   
*Once the acceptance of the offer made by the user has been communicated, the user must sign the lease agreement with the property within the following 72 working hours, under the terms of these conditions and the particular conditions previously accepted when making the offer. In the event that the contract is not signed within this period, the offering user will lose the amount paid for the execution of the offer.
*The peculiarities of the contract between landlord and tenant may vary at their will, based on the conditions and terms established as if the apartment were CLIKALIA; or they will be directly subject to what is agreed between landlord and tenant.

Scope of the contract:
These conditions apply to CLIKALIA products/services relating to RENTAL MANAGEMENT commissioned by third parties to CLIKALIA, specifically to CLIKALIA MANAGEMENT SERVICES S.L.U. (registration number RAICV 3927 and AICAT 13079), and are aimed at an audience over 18 years of age.
The following terms are applicable to Rental Management trust mandates:
• A mandate of trust will be signed for the intermediation in the lease of one or more real estate, especially housing/s.
CLIKALIA (or intermediary) is under no circumstances obliged to accept the order.
This mandate must be accepted by CLIKALIA and it will charge for this intermediation a fee corresponding to a monthly payment of the rent plus VAT. If the lease is out of season, the amount of the fees will be as follows: half of a month's rent plus VAT if the duration of the seasonal lease is equal to or less than SIX (6) months; one month's rent plus VAT if the duration of the seasonal lease is longer than SIX (6) months.
• In housing lease mandates, the assignment will have a duration of three (3) months from its signature and will be understood to be taci-tly extended for equal and successive periods, unless express notice from any of the parties at least fifteen (15) days prior to the date of its expiration and/or extension.
• In seasonal lease mandates, the assignment will have a duration of one (1) year from its signature and will be understood to be tacitly ex-tended for equal and successive periods, unless express notice from either of the parties at least fifteen (15) days prior to the date of its expiration and/or extension.
• In the event that the Owner is a consumer, it is stated that he/she has been informed in accordance with the provisions of the applicable regulations regarding his/her right of withdrawal within 14 days of its signature, without the need to justify his/her decision and without penalty of any kind, except for those amounts/costs that the regula-tions for the defense of the rights of consumers and users establish.
• In the event that the Owner decides to withdraw from this assign-ment after the period of 14 calendar days provided for in the previous paragraph and before the expiration of the 3-month period or any of its extensions, if applicable, without complying with the notice pe-riod provided, the Owner must pay the Intermediary the amount of TWO HUNDRED AND FIFTY EUROS (€250),  as a penalty clause, as compensation for the expenses incurred by the latter for the marke-ting, collection, realization and management of the property.
• The Owner must provide the following updated information to the In-termediary regarding the essential characteristics of the dwelling and the building in which it is located; registration of the property, with reference to charges, encumbrances and affections of any nature; or-dinary and extraordinary fee of the Community of Owners, which in-cludes and, where appropriate, expenses, provisions of funds or spills of the community and their duration, concept and amount; Certifica-te of Occupancy or first or second occupancy license, as the case may be (for homes located in Catalonia and Valencia); useful and built area of the dwelling (differentiating the private area from the common area); age of the building and, where appropriate, of the main reforms or actions carried out on it; services and facilities available in the ho-me, both individual and common; Energy Performance Certificate of the home (CEE); accessibility conditions of the home and the buil-ding; as well as any other relevant information for the rental of the property, including territorial, urban, physical-technical, heritage pro-tection, or administrative aspects related to it.
• For homes located in the Valencian Community and Catalonia, the owner states that the property has a valid Certificate of Habitability or first or second occupancy license, as the case may be, and is obli-ged to provide it to the Intermediary.
• The Owner will indicate the amount of the last rent of the lease con-tract for the main residence that would have been in force in the last five years in the same home to comply with the regulations relating to stressed residential market areas.
• The Owner will allow the visit to the property of potential tenants with the Intermediary, as well as the access of as many suppliers as necessary to carry out the correct marketing of the property.  
• The fees will be accrued at the time of signing the lease agreement and, if the lease is out of season, fees will be accrued for the signing of each of the lease agreements signed during the term of this as-signment.
• The Owner accepts that the Intermediary may receive from the te-nant the amount of €200 as a sign of the seriousness of his offer. In the event that the Owner has decided to lease the property to a te-nant, if the lease is not signed for reasons attributable to the tenant, the Owner accepts that the Intermediary will take over the amount of €200 paid as a reservation. If the lease is signed, the amount of the reservation will be deducted from the first payment made by the te-nant to pay the rent for the current month or the rent corresponding to the month immediately following.
• The right to collect the fees will also arise if the lease of the property is carried out as a result of the Intermediary's efforts, even if the lease contract is signed after the end of this assignment, or if the operation does not come to a successful conclusion for reasons attributable to the owner.
• The payment of the fees will be made upon signing the lease agree-ment and will be made in one of the following ways, at the option of the Intermediary:
• Deduction of the first payment made by the lessee by trans-fer on behalf of the lease; if such payment is not sufficient to cover the amount of the fees, the Owner must pay it to the In-termediary at the signing of the lease agreement.
• Directly by the Owner at the time of signing the lease, whether or not the first payment has been received from the Tenant.

• CLIKALIA undertakes to promote the property according to the means it deems most convenient based on what is established by the parties in accordance with the trust mandate. The Owner will allow the visit of potential buyers to the property with the interme-diary, as well as the realization of the photographic report.

• CLIKALIA operates only as a mediator between the parties interes-ted in the lease, facilitating the procedures prior to the formalisation of the lease, but in no case being responsible for the breaches or obligations that legally and contractually correspond to said parties, that is, the LESSOR and the LESSEE.  

• The Intermediary undertakes, during the term of this assignment, to:
o To promote and publicise the property that is the object of this commission, adopting the procedures that according to our organisation are deemed most convenient.
o Commercial advice on issues arising from the operation.
o Economic analysis and advice on the potential tenants of the property presented by the Intermediary.
o Drafting of the lease contract, resolution of doubts and follow-up of the signing of the contract.
o Manage the change of ownership of the supplies from the cu-rrent contract holder (the Owner) to the new owner who will be the lessee, unless it is a seasonal lease in which case the change of ownership will not be made.
o Assist the Owner in the presentation of the mandatory depo-sit contemplated in article 36 of the Urban Leases Law in the competent public body.
o Promote visits by potential tenants to the home and accom-pany them during both face-to-face and virtual visits.
o Once the lease contract has been formalized, if before the end of the first 12 months of its duration, the lessee withdraws from the contract, the Intermediary undertakes, without accruing any new fees, to carry out the same commercial activities described above, in order to find a new lessee, unless the lea-se is out of season, in which case the Intermediary will carry out the activities indicated throughout the term of this con-tract. commission and fees will accrue for each of the lease contracts signed.

• CLIKALIA's obligations end with the signing of the lease agreement between the Owner and the third party presented by the Interme-diary so that the latter will not carry out functions of managing inci-dents related to the lease, claiming non-payments, etc.  

• The decision regarding whether or not to lease and to which tenant to do so, corresponds solely and exclusively to the Owner, and CLI-KALIA is not responsible for any incidents that may arise after the signing of the respective lease contract.  

• CONSUMER'S RIGHT OF WITHDRAWAL: The client is informed that, if they are considered a consumer, they may withdraw from the man-date within 14 days of signing, without the need to justify their deci-sion and without penalty of any kind, except for those amounts/costs that the regulations for the defence of the rights of consumers and users establish.

Under the terms provided for in Regulation 2016/679 of 27 April on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and in Organic Law 3/2018 of 5 December,  of Personal Data Protection and guarantee of digital rights, we inform you that the personal data obtained through this document will be processed by CLIKALIA MANAGEMENT SERVICES S.L.U., NIF: B56917008, Postal address: Álvarez de Baena 2, 28006 de Madrid. Telephone: 911333327, Email: dpo@clikalia.com for the purpose of carrying out the real estate brokerage service under the terms provided for in this order and for the sending of quality surveys to improve our products and/or services as part of the process of continuous improvement. 
We will keep your data for as long as the contractual relationship is maintained and its deletion is not requested, and, once it has ended, for the time strictly necessary to ensure compliance with the corresponding legal obligations. The legal basis for the processing of your data is in the execution of this order. The legitimate interest for the defence of the interests of the parties in the event of disputes arising from the assignment. The processing of your data for the purposes of service quality management or for commercial purposes may be considered to be carried out for legitimate interests. 
On the other hand, we inform you that we will transfer the strictly necessary data to necessary entities (public administration, banks...) in order to be able to comply with this assignment, this transfer being necessary for the execution of the same, since, if it is not carried out, the contracted service could not be performed. Likewise, personal data will be communicated to other companies within the Clikalia group for internal administrative purposes and to the authorities in the cases provided for by law. No international data transfers are planned. 
CLIKALIA makes an ethical channel available to third parties. The data of the person who makes the communication and of the employees and third parties affected will be processed to assess the appropriateness of initiating an investigation into the facts denounced and, if deemed appropriate, for the corresponding investigation. This information will be kept in that system for a period not exceeding THREE months. After this period, the information that makes up the investigations may be kept outside the channel for the time necessary to defend the interests of the channel's titleholder, and may be communicated to judicial bodies or security forces, if appropriate.
We inform you that you have the right to obtain confirmation as to whether we are processing your personal data and to access your data if so, to rectify inaccurate personal data concerning you, to the deletion of your data, to the limitation of processing, to data portability and to object to processing under the terms provided for in articles 15 et seq. of the General Data Protection Regulation. In addition, you also have the right to file a complaint with the Spanish Data Protection Agency (www.aepd.es).
If you wish to exercise any of these rights, you can write to us at dpo@clikalia.com or at our address above.
Under the terms set out in Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing, and its implementing regulations, the Owner must provide the Intermediary, truthfully and completely, with all the information and documentation necessary and required for the purposes of the Owner being able to comply with its obligations under the aforementioned regulations.  and expressly authorizes the Owner to make such verification updates as it deems appropriate for this purpose. Failure by the Intermediary to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for it to be empowered to resolve this assignment.
The controller informs you that, for its management, it makes use of information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not comparable and this entails possible international data transfers. You can check possible international transfers via email dpo@clikalia.com. These international transfers are necessary for the provision of the services demanded.

• If CLIKALIA acts as an exclusive Agent, the owner will not entrust the intermediation in the management of the rental to any other com-pany, intermediary or real estate mediator, nor will it proceed to rent the property itself. If the owner fails to comply with this condition, he must automatically pay the Intermediary 50% of the amount of the established fees as compensation for the expenses and damages caused.

• For any management or litigation that may arise from the interpreta-tion or non-compliance of this document, the contracting parties submit to the Courts and Tribunals of Madrid, unless the principal is considered a consumer, in which case the jurisdiction that is com-petent according to the applicable regulations will be applied.

• The intellectual property resulting from this contract corresponds to CLIKALIA MANAGEMENT SERVICES S.L.U., so that it may use the ima-ges, photographs and other elements derived from or related to this contract for the purposes it deems appropriate. The Principal shall not acquire any rights over the creations subject to the intellectual property derived from this contract and their unauthorized use vio-lates the rights of CLIKALIA MANAGEMENT SERVICES S.L.U.

In any case, whether to sell or buy, rent or to carry out a sales mandate, the buyer, seller or lessee accepts and declares that he has read and understood the terms and conditions set out above.

Right of use:
Users have the right to display their personalized data on their own screen, as well as to print it. However, these data may not be used for commercial purposes, for the creation of a database or for industrial use.
Measures aimed at disrupting or hindering the operation of www.clikalia.com are prohibited. In addition, it is not possible to extract or reuse our offer without written permission. Data extraction and data collection programs may not be used without our authorization. Integration or linking to our service is not permitted without our express consent. The right to use the service and its functions is only possible within the framework of the current state of technology.
The user grants clikalia.com the unlimited right to reuse online and offline the content that has been transmitted to clikalia.com, as well as the data of their property and the photos taken and related to its valuation.
The presentation and operation of the service may vary depending on the type of access, e.g. via the internet or mobile applications. The right to use the service and its functions is only possible within the framework of the current state of technology.
Guarantee:
Clikalia.com does not offer any guarantee for technical errors, in particular for the constant and uninterrupted availability of the website or for the correct reproduction of the content entered by the user.
In case of unavailability of the offer, you can contact our Customer Service at the email address: hola@clikalia.com.
Safety:
CLIKALIA informs users that the website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data.
To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
Limitation of Liability:
It cannot be guaranteed that the service offered will always be available and error-free. Access to clikalia.com may be interrupted from time to time or restricted by the performance of maintenance or the introduction of new services and functionalities. Clikalia.com will try to limit the frequency and duration of such interruption.
Consequently, the use of online content is done at the user's own responsibility and risk. In the course of using our website and services, clikalia.com will be liable unlimitedly for damage caused intentionally or by gross negligence of clikalia.com or through its legal representatives, employees or agents.
Data protection:
The protection of personal data and the privacy of users on our website is an essential issue for the CLIKALIA Group. For this reason, we ensure our compliance and compliance with the legal requirements required by current data protection regulations. For more information, please refer to CLIKALIA's Privacy Policy.
The personal information collected through our service will be reasonable for the provision of the service. This includes, for example, the user's e-mail address, telephone number, data concerning their home. The user will enter this data through our online form.
We use this information, to the extent necessary, to provide our services to the user. Electronic communications for the purpose of self-promotion of the service and not related to notifications linked to the service expressly requested by the user, will be sent with prior consent from the user by clicking on the corresponding box.
It is possible to cancel your email address and phone number at any time and without incurring additional costs from the basic fees. You can email us at the address dpo@clikalia.com  with the keyword "unsubscribe".
Intellectual and Industrial Property:
All trademarks, logos, texts, images and other data on our website are subject to copyright. By using our site, the user has no right to further use this information. Modification, processing and use in media of any kind are completely prohibited. Other use is only possible with the prior written consent of clikalia.com.
Unauthorized use of our information, as well as the logos or trademarks of third parties that appear on our website, violates our rights or the rights of third parties and, moreover, is not permitted.
Saving clause:
If any provision of these Terms and Conditions is or proves to be invalid, the validity of the remaining provisions shall not be affected. This provision can be replaced by other more valid and operative ones that are as close as possible to the intended economic purpose.
Applicable Law, Place of Performance, and Jurisdiction:
Clipiso Desarrollo S.L.U, CLICPISO REAL ESTATE II, SLU, CLIKALIA MANAGEMENT SERVICES S.L.U. and other entities of the CLIKALIA group will make use of the civil or criminal actions that correspond by law, in the event of any improper use of the web domain. Any disputes that may arise in relation to this Domain and/or these Terms and Conditions shall be governed solely by Spanish law, and shall be submitted to the competent Courts and Tribunals of Madrid.