Legal information
Mortgage terms and conditions
TERMS AND CONDITIONS
In addition to putting the CUSTOMER in contact with a Lender, either directly or indirectly, the work to be done by CLIKALIA HIPOTECAS SLU in its capacity as an intermediary will consist in assisting the CUSTOMER by completing the preliminary formalities or other pre-contractual procedures relating to the loan or mortgage loan agreement sought and/or, where applicable, in presenting or offering such loan/mortgage loan agreements to the CUSTOMER, and it undertakes to keep the CUSTOMER informed of the work done by it in its capacity as intermediary, and to provide updates or reports on its progress in obtaining the loan/mortgage loan during the term of the contract.
SCOPE OF THE CONTRACT:
These conditions apply to the products/services of CLIKALIA HIPOTECAS SLU for which THE REAL ESTATE LOANS INTERMEDIARY SERVICE IS PROVIDED and are aimed at an audience over 18 years of age.
FEES:
The amount payable for the service contracted is set at 1.1% of the mortgage loan if this exceeds €265,000 or €2,915 if the amount of the loan is less than €200,000.
El contrato se sujetará a las siguientes condiciones:
1. CLIKALIA HIPOTECAS SLU will not provide consultancy services with regard to the loan or mortgage loan agreements sought. Nevertheless, it will provide the necessary information to permit the CUSTOMER to make an informed decision on the advisability or not of contracting the service, without assuming any liability in this regard. The Lender alone will have the power to grant or refuse the financing sought and to determine the specific conditions for the same, with no liability or decision-making powers or binding obligation being assumed by CLIKALIA HIPOTECAS SLU.
2. The commission will commence as of the date of signing the contract and will last for the term agreed between the parties, starting from 45 days. The term will be presumed to have been tacitly renewed successively, for the same period of time, unless either party notifies the other in writing otherwise at least 7 days prior to the end of the term or any of its renewals. In the event that the lenders have not responded to all the requests for financing sought during the term of the contract by the date of its expiry, the term of the contract will be extended at least until all of these have had a response and, where applicable and unless expressly stated otherwise, will be extended up until the date on which the public deed is signed.
3. The CUSTOMER undertakes to cooperate with CLIKALIA HIPOTECAS SLU, facilitating the performance of its work, and to faithfully provide, with the utmost dispatch and in a truthful, clear and certain manner, all the documentation and/or information that may be required for the successful achievement of the purpose of this document, expressly authorising CLIKALIA HIPOTECAS SLU to provide the lending institutions with the information and/or documentation that may be relevant for such purpose and that may be used for the creditworthiness assessment or for any other procedure necessary for the successful conclusion of the contract, since otherwise the fulfilment of the purpose of the contract will prove to be impossible.
The CUSTOMER will always act in good faith and diligently, submitting the information and documentation that they are
asked to provide as soon as possible to the employees of CLIKALIA HIPOTECAS SLU, and assuming responsibility should this prove to be false, incorrect or untruthful, in which case, where financing is refused or not obtained on grounds attributable to the customer, CLIKALIA HIPOTECAS SLU's fees will accrue by way of a contractual penalty.
In this regard, and as an essential obligation of the CUSTOMER, the latter undertakes to provide the documentation/information indicated above as soon as possible after receiving CLIKALIA HIPOTECAS SLU's request. If the CUSTOMER has not provided this to CLIKALIA HIPOTECAS SLU within 3 days of the request, CLIKALIA HIPOTECAS SLU may terminate the contractual relationship due to said non-compliance, and the CUSTOMER will have to pay 30% of the agreed fees as a compensatory penalty.
4. Not included under the heading of the agreed fees are the file administration costs of the bank offering the financing, such as valuations, taxes or other levies, notary fees, and costs arising from the registration of the mortgage, which will be chargeable to the CUSTOMER based on what is agreed with the bank.
Expressly excluded from the fees of CLIKALIA HIPOTECAS SLU are the fees arising from the services that may be provided by third parties such as Notaries, Managers, Valuers or Registrars of Deeds, as well as any duties or taxes which the customer or lender may be legally obliged to pay on the occasion of signing up to or processing the financing. The fees will not include any ordinary or extraordinary expenses that CLIKALIA HIPOTECAS SLU may where applicable incur. The costs must be paid on presentation for payment irrespective of whether the financing has been obtained.
5. The amount set as fees will accrue when the bank sends a proposal for a binding offer of financing under market conditions based on the CUSTOMER's risk as assessed and analysed by the respective lending institution according to its criteria and, notwithstanding any amount that might previously have accrued, will be paid within 3 working days of receiving from CLIKALIA HIPOTECAS SLU the invoice/proforma invoice or request for payment of the accrued fees at the email address indicated by the CUSTOMER.
In addition, the entitlement to fees will also arise and accrue in the following cases:
In the above cases, the CUSTOMER will pay CLIKALIA HIPOTECAS SLU all of its fees in their entirety.
The parties will agree that where action is necessary to bring the commission to a successful conclusion and ensure the fulfilment of obligations arising under the same, the provider of the service may, on a case-by-case basis, take the measures
necessary for such purpose, invoicing the other party for the respective costs where these are legally their responsibility.
6. The contractual relationship between CLIKALIA HIPOTECAS SLU and the CUSTOMER is totally independent and has no connection whatsoever to the contractual relationship of sale and purchase between the CUSTOMER and the owners of the flat they are seeking to acquire, and it is independent of all the clauses and provisions of the contract of sale between these parties, especially with regard to prices, charges or deadlines for execution of the deed or extensions thereto.
7. The CUSTOMER will declare that they have received from CLIKALIA HIPOTECAS SLU, sufficiently in advance, the mandatory pre-contractual information, having also received the necessary explanations for an understanding of the same, thus ensuring compliance with the obligations provided for in this respect under Law 5/2019 of 15 March regulating real estate loan agreements and the implementing regulations for said Law.
8. The contractual relationship will be governed by the provisions of the contract signed by the parties and with respect for the specific legal system governing real estate loan intermediaries, as established in the aforementioned Law 5/2019 and other concordant legislation, as well as, by way of a supplement, the provisions of Law 2/2009 of 31 March, regulating the contracting of loans or mortgage loans and intermediary services for the conclusion of loan or mortgage loan agreements with consumers. The generally applicable legislation includes inter alia the General Law for the Protection of Consumers and Users and other supplementary and related laws, as well as, where applicable, the implementing regulations for the same.
9. In the event of any infringement of their rights to the performance of the SERVICE activity, the CUSTOMER may submit a complaint and/or extrajudicial claim by sending a letter to CLIKALIA HIPOTECAS SLU at the email address indicated reclamaciones.financiaciones@clikalia.com, with the latter being obliged to reply to this and resolve the matter within a maximum period of one month. If the claim is the result of alleged breaches of Law 5/2019, or implementing regulations or supplementary legislation to the same, if the CUSTOMER does not agree with the resolution provided or CLIKALIA HIPOTECAS SLU does not provide a response within the time period indicated, the CUSTOMER may contact the consumer dispute resolution body for the financial sector. If the complaints and/or claims are the result of alleged breaches of consumer regulations, the CUSTOMER may follow the official procedures for complaints and claims existing in the field of consumer affairs. In any event, the CUSTOMER shall have the right to bring the matter before the competent courts of law.
For information purposes, for general enquiries and support other than claims or complaints, customers may contact us at the following email address: soporte.clientes@clikalia.com.
10. To permit it to meet the liabilities that may arise due to professional negligence in the performance of its activities and functions, CLIKALIA HIPOTECAS SLU has taken out the corresponding professional indemnity policy.
11. The contractual relationship between the CUSTOMER and CLIKALIA HIPOTECAS SLU may be unilaterally terminated on an earlier date by any party who, having fulfilled its obligations, alleges a serious and essential failure on the part of the other party to fulfil its obligations. The injured party may choose between requiring performance or termination of the contract, provided that a reasonable period of time for the performance of what is required has been requested and granted, all in accordance with the applicable legislation.
12. CLIKALIA HIPOTECAS SLU may withdraw from this contract, without penalty or liability of any kind and notifying the CUSTOMER of this by email, once after a sufficiently large number of financing options has been considered, it has been established that it is impossible to find at least one which is in keeping with the preferences expressed by the CUSTOMER and their circumstances and risk characteristics, and in this case there will be no obligation for the CUSTOMER to make any payment to CLIKALIA HIPOTECAS SLU.
General points and subject of the contract:
clikalia.es is the website of the companies that make up the CLIKALIA group, whose registered office is at Calle Álvarez de Baena, 2, Madrid, Postcode 28006. Please read carefully the terms and conditions of service should you wish to be informed of the rights and obligations of users of the service offered through this medium. The validity of these terms and conditions will be acknowledged by the user as being binding on them as of the date they decide to use the service.
These general terms and conditions of use (hereinafter referred to as "Terms and Conditions") apply when using the services of our website. Use of our services implies acceptance of these terms and conditions. We reserve the right to change these terms and conditions at any time without having to give any reason for this.
With regard to personal data:
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 inclusion of 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.es 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 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:
CLIKALIA HIPOTECAS 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 and subject to the competent Courts and Tribunals of Madrid.