Special Conditions of the Offer to Buy a Flat from CLIKALIA.      
By signing this offer, the offer will be governed by the following special conditions, which you accept and which will apply to you in relation to the service:

• Kindly sign and send a purchase offer at the price you consider [right and proper] for the property at the address indicated in the project file.
• The submission of the purchase offer is subject to the payment of one thousand euros (€1,000) by credit/debit card.
• CLIKALIA is not obliged to accept the offer. CLIKALIA will have a period of 72 hours in which to examine and evaluate the purchase offer, and if it is not accepted, it will refund the amount paid.Where CLIKALIA accepts your offer, a representative will contact you in order to formally execute the contract of sale, including the payment of a forfeitable deposit on the property on offer, which must be signed (at the accepted price) no later than 72 hours after communication of the acceptance. If the contract is not signed within this period, the amount paid by the user for the submission of the offer will be forfeited.    
   

The contract for the forfeitable deposit will always be formally executed in accordance with the following essential conditions:

• The seller sells the property to the buyer, who buys and accepts the property as is, except where applicable for the security alarm installed in the property, the No Unauthorised Entry Security Door and the household appliances and furniture in the property; the property is moreover sold with all its appurtenant rights, uses and services and fittings, in the physical condition, with the legal, town planning, land register and registration status, in the state of preservation, maintenance, occupation and with the charges and encumbrance which the buyer hereby declares that they are aware of and accept, the seller being up-to-date with payment of the levies imposed on the property for which the seller is liable and of the expenses for supplies and ordinary fees of the Community of Owners in the seller’s name and incumbent upon the property as of the date of this contract in accordance with the legislation in force.
• That, regarding the occupancy status of the property, it will be delivered free of occupants; however, in the event that the property is illegally occupied by a third party, the selling party shall deliver it free of occupants once the occupant without title has been evicted/removed. In order to coordinate this with the notarization deadline, in the case of an illegal occupation, the buying party may choose between extending the notarization deadline sufficiently until the property is vacated or terminating the present contractual relationship, receiving from the seller the amount given as earnest money, without further liability for either party.
• At the time of formalizing the notarization of this Sales Agreement, the selling party shall provide the buying party with the corresponding certificate from the Homeowners' Association indicating the outstanding debts. If, for any reason, it could not be obtained, the buying party will release the selling party from such obligation. The selling party will assume the responsibility to pay the pending fees of their ownership, duly justified and legally affecting the property, until the day of notarization, as stated in the deed.
       
• If there is a security alarm in the flat, the buyer may choose from the following options,

a) to keep it, assuming responsibility for its cost and fees, the buyer authorising the seller to transfer the necessary data for this purpose only; or

b) to undertake to enable the seller, where the buyer has not removed the alarm on the date of signing the deed, to remove the alarm during the 15 days following the signing of the deed, cooperating actively and in good faith with its removal; this will be taken care of by the repair person, who will call round to complete the removal on the date and time indicated by the seller, giving the seller 48 hours' prior notice, and completing the removal on Mondays to Saturdays only.  
The buyer must inform the seller, at least 10 calendar days prior to the date of signing the deed and by reliable means in the form of an email, which of the two above options they have chosen, otherwise they will be understood to have chosen option a).

• The No Unauthorised Entry Security Door or PAO is a security measure contracted by the seller and does not form part of this contract. Once the public deed of sale has been executed, the seller will coordinate the removal of the PAO and the buyer will assume full responsibility for arranging for a door for exclusive use to replace it. The No Unauthorised Entry Security Door or PAO has a daily cost, which will be chargeable to the buyer from the day after the deed is executed until it is uninstalled.
• The household appliances and furniture, if any, in the property will not be included in the subject of this contract and will not be transferred together with the ownership of the property, and the seller may remove them at any time. The buyer will cooperate with the seller to arrange for the removal of the household appliances and furniture if the latter is unable to remove them prior to the execution of the public deed of sale.
• To facilitate the management of the pro rata payment of the IBI [local property tax] due, both parties agree that on the date of [execution of] the deed, the buyer will pay the seller the following, as an essential obligation under this contract, by means of a bank cheque or bank transfer: If the receipt or certificate from the respective town council showing the exact amount of IBI for the year in course, in which the execution of the deed of sale is taking place, is available, the respective pro rata share. If the aforementioned receipt or certificate is not available, the result of multiplying 1.05 by the amount of the IBI for the immediately preceding year will be taken as the basis. Accordingly, the parties consider the obligations arising from the payment of the local property tax for the year in which the execution of the public deed of sale is taking place to have been satisfied and discharged in full, declaring that they have nothing further to claim under any heading. The amount of the pro rata share of the IBI must be communicated by the seller to the buyer prior to the execution of the deed of sale. If no such communication has been made, payment of the pro rata share of the IBI will be made after the deed has been executed.
• Notarisation of the public deed of sale will be arranged no later than forty-five (45) calendar days if the person requires financing, and ten (10) calendar days if the purchase is made in cash, after the date on which the contract of sale is signed by way of a forfeitable deposit. Before signing the contract for the deposit, the buyer must indicate whether or not financing is required. In Catalonia, the deadline will be fifty (50) days, in accordance with Catalonian regional legislation, and ten (10) calendar days if the purchase is made in cash.
  • In Catalonia, the deadlines may be changed whenever there is a right of first refusal in favour of the Public Administrations with respect to the home forming the subject of the contract.
• These deadlines may be extended if the apartment is not registered in the name of the selling entity or if the renovation work is pending. The extension period will be the number of days between the sending of the Registry Information Certificate stating that the apartment is registered in the name of the selling entity (and sent, the extension will not exceed 30 days if the buyer requires financing or 10 days if it is a cash transaction). When the renovation work is pending completion, the public deed will be executed within 30 days (35 days in Catalonia) from the date of sending the appraisal report (if financing is required) or within 10 days from the day the selling party notifies the buying party of the completion of the work.
• Where the buyer does not require financing, they may also opt for the direct execution of the deed, if accepted by Clikalia, will be carried out under the following essential conditions:
  • The seller sells the property to the buyer, who buys and accepts the property as is, except where applicable for the security alarm installed in the property, the No Unauthorised Entry Security Door and the household appliances and furniture in the property; the property is moreover sold with all its appurtenant rights, uses and services and fittings, in the physical condition, with the legal, town planning, land register and registration status, in the state of preservation, maintenance, occupation and with the charges and encumbrance which the buyer hereby declares that they are aware of and accept, the seller being up-to-date with payment of the levies imposed on the property for which the seller is liable and of the expenses for supplies and ordinary fees of the Community of Owners in the seller’s name and incumbent upon the property as of the date of this contract in accordance with the legislation in force.
  • That, regarding the occupancy status of the property, it will be delivered free of occupants; however, in the event that the property is illegally occupied by a third party, the selling party shall deliver it free of occupants once the occupant without title has been evicted/removed. In order to coordinate this with the notarization deadline, in the case of an illegal occupation, the buying party may choose between extending the notarization deadline sufficiently until the property is vacated or terminating the present contractual relationship, receiving from the seller the amount given as earnest money, without further liability for either party.
  • At the time of formalizing the notarization of this Sales Agreement, the selling party shall provide the buying party with the corresponding certificate from the Homeowners' Association indicating the outstanding debts. If, for any reason, it could not be obtained, the buying party will release the selling party from such obligation. The selling party will assume the responsibility to pay the pending fees of their ownership, duly justified and legally affecting the property, until the day of notarization, as stated in the deed.
  • If there is a security alarm in the flat, the buyer may choose from the following options,

a) to keep it, assuming responsibility for its cost and fees, the buyer authorising the seller to transfer the necessary data for this purpose only; or

b) to undertake to enable the seller, where the buyer has not removed the alarm on the date of signing the deed, to remove the alarm during the 15 days following the signing of the deed, cooperating actively and in good faith with its removal; this will be taken care of by the repair person, who will call round to complete the removal on the date and time indicated by the seller, giving the seller 48 hours' prior notice, and completing the removal on Mondays to Saturdays only.
The buyer must inform the seller, at least 10 calendar days prior to the date of signing the deed and by reliable means in the form of an email, which of the two above options they have chosen, otherwise they will be understood to have chosen option a).

• The No Unauthorised Entry Security Door or PAO is a security measure contracted by the seller and does not form part of this contract. Once the public deed of sale has been executed, the seller will coordinate the removal of the PAO and the buyer will assume full responsibility for arranging for a door for exclusive use to replace it. The No Unauthorised Entry Security Door or PAO has a daily cost, which will be chargeable to the buyer from the day after the deed is executed until it is uninstalled.
• The household appliances and furniture, if any, in the property will not be included in the subject of this contract and will not be transferred together with the ownership of the property, and the seller may remove them at any time. The buyer will cooperate with the seller to arrange for the removal of the household appliances and furniture if the latter is unable to remove them prior to the execution of the public deed of sale.
• Notarisation of the public deed of sale will be arranged before the expiry of a period of thirteen (13) calendar days from the date of acceptance of the offer.
• In Catalonia, the deadlines may be changed whenever there is a right of first refusal in favour of the Public Administrations with respect to the home forming the subject of the contract.
• These deadlines may be extended if the flat is not registered in the name of the selling entity or if the refurbishment work is pending completion, the days between the dispatch of the Simple Information Note from the Registry to the effect that the flat is registered in the name of the selling entity (and once sent, the extension will not exceed 30 days), or where applicable 30 days following the date of dispatch of the valuation report when the refurbishment work is pending completion.
• The combined amount of the deposit and the reservation fee will be 10% of the accepted price; both amounts will be understood to have been paid on account of the price.
• All expenses and taxes originating as the result of the present sale and purchase and its notarisation will be paid for by the buyer, except for the Tax on the Increase in Value of Urban Land (Plusvalía Municipal), which will be chargeable to the seller.
• The buyer must indicate to the seller whether they wish to purchase the property with financing. If nothing has been indicated in this respect, it will be understood that all or part of the purchase price will be financed by a bank, and the term will be the same as if it were financed by a bank.
  In order to speed up the mortgage financing processes, the buyer hereby authorises the seller to inform the financial institutions about the sale of said property by providing the necessary information in this regard, thus permitting the credit analysis to be done; the provision of this information shall however under no circumstances imply any obligation on the part of the seller to guarantee that the buyer will obtain the credit.
• The contract will be governed by the provisions of article 1,454 of the Civil Code. In Catalonia, the related Catalonian legislation will apply.
• The amount paid as a forfeitable deposit will be regarded as a down payment and will therefore be deducted from the final sale price.
• If the contract is not formally executed for reasons attributable to CLIKALIA, the amount paid will be refunded.

The special conditions of the offer as set out above may be amended in the event of promotions and specific offers made by CLIKALIA, in which case the latter will be governed by their specific conditions whenever these contradict said special conditions.

• Any bank charges or commissions generated as the result of the price being paid will be for the account of, chargeable to and the responsibility of the buyer, irrespective of which bank charges such commission or requests such payment; this includes charges such as commissions for transfers made from a foreign country or other similar charges. Where these are charged to the seller, the amount must be paid in full by the buyer at the same time as the transfer is made, the contract is signed or the public deed of sale is executed, this payment being essential for the seller, and if the payment has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to return any amount to the buyer.

MANAGEMENT FEES
A fee of €2,900 excluding VAT (VAT would be 21% so €609) is charged, which includes expenses associated with the preparation, monitoring, and signing of the contract.

• The holder of the right for this amount is CLIPISO DESARROLLO SLU.
• Payment of the indicated amount must be made by credit card or bank transfer to the following account: ES1601822325050204044732.
• The payment obligation shall accrue upon signing the earnest money contract and must be paid prior to the notarization of the sale.
• If payment has not been made after the deadline has passed but the contract has been signed, it does not imply the loss or waiver of the right to collect the payment for the following 5 years from the accrual date. However, services included until full payment is made will not be provided or delivered under the buyer's responsibility.
• This payment is considered essential for the contractual relationship of the sale, and if it is not made, CLIKALIA, through the respective selling company, may withdraw from the transaction without any liability and retain any amounts already paid by the customer.
   

Prevention of money laundering and terrorist financing.
Within the framework of execution of the public deed of sale, the Buyer shall provide the Owner, at least 48 hours prior to the date of execution of the public deed of sale, truthfully and in full, with all the information and documentation that is necessary and required to permit the Owner 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 Buyer hereby expressly authorises the Owner to make the updates to this verification that the Owner deems appropriate for such purposes.
Should the Owner fail to obtain the information and documentation required by the internal policies established to comply with legislation, this will be sufficient grounds for the Owner to be authorised to terminate this contract of sale, including the payment of a forfeitable deposit, and to refuse to execute the deed of sale of the Owner, without this implying any kind of liability for the Owner. In this case, the Buyer will be entitled to obtain a refund of the amount paid to the Owner by way of a forfeitable deposit, authorising the seller not to return the amount of €1,000 paid as a reservation fee. Whenever the failure to obtain the information or documentation is due to a lack of diligence or good faith on the part of the buyer, and the buyer uses these regulations for the prevention of fraudulent conduct to disguise any non-compliant conduct or withdrawal and thus avoid their obligation arising under the heading of the contractual deposits that are where applicable agreed, the refund of the amount paid will not be assessed if it was in accordance with the law.

SPECIALITY OF FLATS OWNED BY PERSONS OTHER THAN CLIKALIA and marketed by CLIKALIA:
* The flat is not owned by the CLIKALIA group, the sale is being done on commission by the owner with a view to the marketing of the property.
*The property shall have a period of 10 natural days to accept the offer, without 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 published estimated price, it shall not be obligatory or binding on the property until it expressly notifies the accepting user of the offer.
*Once the acceptance of the offer made by the user is communicated, the user must sign the purchase agreement with earnest money mediation with the property within 72 business hours following, under the terms of these conditions and the specific terms previously accepted upon making the offer. In the event that the contract is not signed within said period, the offering user shall forfeit the amount paid for the offer.
*The particular features of the contract between property and seller may vary, should the latter so desire, starting with the conditions and terms established as if the flat belonged to CLIKALIA; or they will be directly subject to what is agreed between the seller and the buyer.
* No management fees will apply to these sales.

Right to use the web service:
Users have a right to display their personal data on their own screen, and to print it. However, such data may not be used for commercial purposes, for the creation of a database or for industrial exploitation.
Measures aimed at disrupting or hindering the operation of the following are prohibited clikalia.es. Furthermore, it is not possible to extract or reuse our offer without written permission. Data mining and data collection programmes may not be used without our permission. No integration or linking to our service is 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 the art.
The user grants clikalia.es, free of charge, the unrestricted right to reuse online and offline the content that has been transmitted to clikalia.es, as well as the data on the user’s property and the photos taken in relation to the valuation of said property.
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 the art.
 

Guarantee:
Clikalia.es offers no 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 the unavailability of the offer, you can contact our Customer Service at the following email address: hola@clikalia.com.
 

Security:
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 with the aim of preventing unauthorised access to data.
To achieve these purposes, the user/customer agrees to the provider collecting data for the purpose of the corresponding authentication of access controls.

Limitation of liability:
We cannot guarantee that the service offered will always be available and error-free. Access to clikalia.es may occasionally be interrupted or restricted due to the completion of maintenance work or the introduction of new services and functionalities. Clikalia.es will try to limit the frequency and duration of such interruptions.
Consequently, use of the online content is at the user's own risk and responsibility. In the course of using our website and services, clikalia.es will assume liability without limitation for damages caused intentionally or through gross negligence by clikalia.es or through its legal representatives, employees or agents.
 

Data protection:
The protection of personal data and the privacy of users on our website is a fundamental issue for the CLIKALIA group. We therefore ensure our conformity and compliance with the legal requirements set by the data protection regulations currently in force. For more information, please consult CLIKALIA's Privacy Policy.
The personal information collected through our service will be whatever is reasonable for the provision of the service. This includes, for example, the user's email address and telephone number, and data relating to the user's home. The user will enter this data via our online form.
We use this information, to the extent necessary, to provide our services to the user. Electronic communications for the purposes of promoting the service itself and not relating to notifications linked to the service expressly requested by the user will be sent if the user has provided their prior consent by clicking on the corresponding box.
It is possible to unsubscribe your email address and telephone number at any time and without incurring charges additional to the basic rates. You can send us an email to the following 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 acquires no right to use this information further. Modification, processing and use in communications media of any kind are completely prohibited. Any other use is only possible with the prior written consent of clikalia.es.
Unauthorised use of our information, and of logos or registered trademarks of third parties appearing on our website, infringes our rights or the rights of third parties and is therefore not permitted.

Severability clause:
If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions will not be affected. This provision may be replaced by other more valid and operative ones that come 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 and other entities of the CLIKALIA group will, if faced with any improper use of the web domain, avail themselves of the remedies under civil or criminal law to which they are by law entitled. Any disputes that may arise in relation to this Domain and/or these Terms and Conditions will be governed solely by Spanish law, deferring to the competent Courts and Tribunals of Madrid.

Specific conditions specific to the sales management mandate:

Scope of the contract:
These conditions apply to CLIKALIA products/services related to SALES MANAGEMENT commissioned by third parties to CLIKALIA, specifically to CLIKALIA MANAGEMENT SERVICES S.L.U. (RAICV registration number 3927 and AICAT 13079), and are aimed at an audience over 18 years of age.

The following terms are applicable to Sales Management trust mandates:
• A mandate of trust will be signed for the intermediation in the purchase and sale of one or more real estate, especially housing/s.
CLIKALIA 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 based on the final sale price, which will be governed by the following ranges: up to €219,999 a fixed fee of €3,509 (VAT included) will be applied; up to €399,999 a fixed fee of €6,655 (VAT included) will be applied; up to €599,999 a fixed fee of €9,680 (VAT included) will be applied; up to €749,999 a variable fee of 2.42% (VAT included) will be applied to the sale price, and for assets with a price equal to or greater than €750,000 a variable fee of 3.025% (VAT included) will be applied to the sale price.
• The assignment will have a duration of three (3) months from its signature and will be understood to be tacitly extended 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 case of exclusive and Sole Agent mandates, in the event that the Owner decides to withdraw from this assignment after the period of 14 calendar days provided for in the previous paragraph and before the expiry of the 3-month period or any of its extensions, as the case may be, without complying with the notice period 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 marketing, collection, realization and management of the property.
• The Owner must provide the following updated information to the Intermediary regarding the essential characteristics of the property and the building in which it is located: registry identification of the property, with reference to the charges, encumbrances and affections of any nature; ordinary and extraordinary fee of the Community of Owners, which includes and, where appropriate, expenses, provisions of funds or spills of the community and their duration, concept and amount; amount and proof of payment of the last IBI; Certificate of Occupancy (for homes located in Catalonia); 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 home, both individual and common; occupancy status; accessibility conditions of the home and the building; as well as any other relevant information for the rental of the property, including territorial, urban, physical-technical, heritage protection, or administrative aspects related to it.
• The sale price of the property will be indicated by the owner who will indicate a minimum price or an acceptable minimum price range for the sale.
• Clialia's fees will accrue at the time when there is an interested party who makes an offer for a price equal to or higher than the price indicated above by the Owner or the price at which it has been published, after a price reduction authorized by the Owner; if the offer is lower than the prices indicated above, the fees will accrue upon acceptance by the Owner.
If there is an offer/proposal to purchase for less than the sale price indicated on the order form, and a deposit/reservation has been received for said proposal, the Intermediary is authorized to receive it and the Owner will be informed, the sum remaining as a deposit on account of the price destined until its acceptance.  The Owner will have a period of 10 calendar days from the communication by the Intermediary for the acceptance of the offer. If the offer is not accepted by the Owner, the deposit/reservation amount will be returned to the person who delivered it.
The Owner accepts that CLIKALIA may receive from the buyer the amount of €1,000 as a sign of the seriousness of its offer. In the event that the offer is in accordance with the sales mandate or, being lower, is accepted by the owner, if the private purchase contract with the mediation of penitential deposits is not signed for reasons attributable to the buyer, the Owner accepts that CLIKALIA will make the amount of €1,000 delivered as a reservation its own.
• The right to collect the fees will also arise if the sale of the property is carried out as a result of the Intermediary's efforts, even if it takes place within the first year following the end of this mandate, although this period will be extended if there is fraud or bad faith on the part of the owner.  or if the operation does not come to a successful conclusion for reasons attributable to the owner.

• In Barcelona, and in relation to the provisions of article 621-49 of Book VI of the CCC, in cases where the buyer of the property subject to management needs to finance all or part of the purchase price, one of the following options must be chosen:
            ⃣          The agent will also be entitled to his fees and will not be obliged to return the amount received in this regard if the buyer needs financing of all or part of the price by a credit institution and withdraws from the contract by providing documentary justification, within the agreed period, of the refusal of the designated entity to grant the financing (unless the refusal is derived from the negligence of the buyer),  in accordance with the provisions of Article 621-49 of Book VI of the CCC, even if the seller is obliged to return the amount of deposit delivered.
            ⃣    The agent shall proceed to refund his fees if the buyer needs financing of all or part of the price by a credit institution and withdraws from the contract by providing documentary justification, within the agreed period, of the refusal of the designated entity to grant the financing (unless the refusal is derived from the negligence of the buyer).  in accordance with the provisions of article 621-49 of Book VI of the CCC, the seller being obliged to pay the amount of deposit received.
• The owner, when carrying out the sale order, may choose the option relating to the notary fees that would be agreed later for the act of deed of sale among the following options, and will be included in the purchase contract:
A) All the expenses of the sale will be in accordance with the law.
B) All the expenses of the sale will be borne by the buyer, except for the Municipal Capital Gains Tax which will be borne by the seller.

• The payment of 100% of the fees plus VAT shall be made by the Owner at the time of signing the contract or private document binding the parties (Owner and interested party) to sell and purchase, respectively, to the bank account ES4101828510990200007760, held by CLIKALIA MANAGEMENT SERVICES S.L.U.
The deposit or earnest money shall be received as penitential earnest money under the terms established in Article 1,454 of the Civil Code (in Catalonia, under Article 621.8 of Book Six of the Catalan Civil Code), allowing the contract to be terminated by the buyer forfeiting the deposit or the seller returning it in double.
If there is no private contract with the mediation of earnest money or deposit between the property owner and the buyer, the Owner shall pay the fees at the time of granting the public deed of sale.

• In Catalonia, the owner must state that the property has a valid Certificate of Habitability under the terms provided for in Decree 141/2012, of 30 October, which regulates the minimum conditions of habitability of homes and the certificate of habitability.

• 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 seller-owner will allow the visit of potential buyers to the property with the intermediary, as well as the realization of the photographic report.

• CONSUMER'S RIGHT OF WITHDRAWAL: The client is informed that, if they are considered a consumer, they may withdraw from the mandate within 14 days of signing, without the need to justify their decision 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.

• CLIKALIA operates only as a mediator between the parties interested in the sale, facilitating the procedures prior to the formalisation of the sale, but in no case is it responsible for the breaches or obligations that legally and contractually correspond to said parties, that is, the BUYER and the SELLER and without prejudice to the Intermediary's fees that are agreed in this contract with the Owner or in another document with the eventual buyer.

• 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: 911 233 090, Email: dpo@clikalia.com for the purpose of carrying out the real estate brokerage service under the terms provided for in this contract and for sending quality surveys to improve our products and/or services as part of the continuous improvement process. 
We will also use your data to send information from GRUPO CLIKALIA about products and services related to the real estate brokerage contract. If you do not want us to send you this type of information, please tick the box:  
I don't authorize         ⃣     
We inform you of the existence of advertising exclusion systems that aim to prevent the sending of commercial communications. The list of these systems is available at the AEPD (https://sedeagpd.gob.es) and APDCAT (https://apdcat.gencat.cat/es/inici/) for properties located in Catalonia.
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 the execution of this contract. The legitimate interest for the defence of the interests of the parties in the event of disputes arising from the contract. 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 (notaries, public administration, banks...) in order to be able to comply with this contract, 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.
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.
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.
• The principal may choose to carry out an exclusive Agent or a sole Agent assignment.
If CLIKALIA acts as an exclusive Agent, the owner will not entrust the intermediation in the management of the sale to any other company or real estate broker. Likewise, the property undertakes not to promote and offer by itself, nor to accept the management of the sale by any other company or real estate mediator or of any kind.
If the owner fails to comply with this condition, and sales are initiated or carried out outside CLIKALIA, the owner will have to pay CLIKALIA its fees and an additional 50% as compensation.
If CLIKALIA acts as the sole Agent, the owner will not entrust the intermediation in the management of the sale to any other company or real estate broker, nor accept the management of the sale by any other company or real estate broker.
If the owner fails to comply with this condition, the owner will owe CLIKALIA his fees and an additional 50% as compensation.

• For any management or litigation that may arise from the interpretation 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 competent 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 images, 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 violates the rights of CLIKALIA MANAGEMENT SERVICES S.L.U.

• The owner must provide Clikalia with the following indications and characteristics of the property:
Full address:
Property Title:
Registered property and registration number in which it has been registered:
Cadastral reference:
Annexed:
- Garage space:
- Storage:
Total floor area: (Built and Useful):
Contact details of the Property Administration (Telephone and/or email).
Community Fee:
Community:Derramas:
Community Garage or Storage Room (if applicable).
Supplies discharged:
-  Gas
- Light
- Water
IBI amount:
Floor:
Garage:
Storage:
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 clikalia.es 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.es the unlimited right to reuse online and offline the content that has been transmitted to clikalia.es, 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.es 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.es may be interrupted from time to time or restricted by the performance of maintenance or the introduction of new services and functionalities. Clikalia.es 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.es will be liable unlimitedly for damage caused intentionally or by gross negligence of clikalia.es 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.es.
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 use 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 will be governed solely by Spanish law, and will be submitted to the competent Courts and Tribunals of Madrid.