As required by Article 10 of Spanish Law 34/2002, dated 11th July, of , the company is identified by the information listed below:
REGISTERED NAME: BETICA PROPERTY SOLUTIONS SL
SPANISH ID/CIF: B72320575
REGISTERED ADDRESS: CAMPO DEL SUR 42, 1C, CADIZ, 11002
TELEPHONE: 08448870852/ +34 956 495 177
MOBILE: +34 679 553 159/ +34 660 668 882
EMAIL ADDRESS: INFO@CADIZCASA.COM
The use of the Web Page implies that the individual using the Web Page (from now on referred to as the user) completely accepts the conditions outlined in this legal notification that is consistently published on the Web Page. It is essential that before each use of the Web Page, the user read this legal notification as its contents can be modified at any time.
Besides this, the use of the Web Page is regulated via communications, notifications, rules and instructions which will make the User aware of any substitution, modification or additional information contained in this Legal Notification.
Via the Web Page, Cadiz Casa allows the Users and potential clients to access information, data and services offered to the User by the aforementioned company. At any time, CÁDIZ CASA, can modify the appearance, configuration, contents and location of the Web Page and its conditions of use.
5:1 Free of charge access and use of Web Page
The information supplied to the Users of the Web Page and the use of its services are free of charge.
The User recognises he can voluntarily access and use the Web Page and its contents free of charge and does so under his own responsibility. The access to the Web Page, its contents and its results do not promise to be suitable to each and every User. CÁDIZ CASA have the right to add new terms and conditions and limitations of use and access to the Web Page at any time, these must be strictly respected by the User.
All the information provided by the User to CÁDIZ CASA via the Web Page must be correct. The User is therefore responsible for the information provided via contact forms or requests that appear via the Web Page.
Besides the above, the User will be responsible for updating the information he submits to CÁDIZ CASA, which must truly reflect the actual and current situation of the User. If the information submitted proves to be false or incorrect, the User will be held responsible for any damage and/ or harm caused to CÁDIZ CASA, other clients or third parties.
5:2 Registration of New Users to the Web Page
As a general rule CÁDIZ CASA does not insist on the registration of new Users in order to use the contents of the Web Page, however it may be necessary to complete a User registration form in order to access certain sections or to make certain services available.
Besides this, there are additional services listed on our Web Page that will require specific and additional registration forms to be completed. This particular registration will be as outlined in a specific section of our Web Page or listed in these particular terms and conditions.
5:3 Under-age Users
The use of this Web Page by minors will be strictly governed by obtaining permission from a parent, tutor or legal representative, who shall be considered responsible for the actions of the minor in their care.
Those in charge of minors shall be responsible in determining the suitability or not of the contents and services of this Web Page and what may be accessed. Given that it is possible for a minor to access unsuitable material via the Internet, the User must be aware that there are various means, such as software filters and content blockers, that may not be relied upon completely, but are useful in controlling the information that a minor can access online.
5:4 Correct Use of the Web Page, its Contents and Services
Each time the User uses the Web Page he will do so in a way which is acceptable to Spanish Law, according to this Legal Notification and abiding by the terms and conditions listed under each section, using the instructions and regulations given, acting in good faith, ethically and decently.
In respect of the above, the User must refrain from using the services and contents of the CÁDIZ CASA Web Page in an illicit way, prohibited by this Legal Notification, that could damage the rights or interests of a third party, or that may provoke damage or temporarily or permanently restrict the use of the Web Page, or the services and contents it provides, or to technology or equipment that contain information and enable the Web Page to exist.
It is strictly forbidden for any User to transfer or make available to any third party, data, messages, information, images, photographic images, drawings, archived images and/or sound, IT programs or any other type of material that may:
A - go against or offend the fundamental rights and freedom of the public as stated in the Spanish Constitution, International Treaties and any other current legislation;
B - incite, induce or promote the perpetration of criminal acts whether they be defamatory, insulting, dishonourable, violent or in general against the Law, ethics, custom or public order;
C - incite, promote or induce actions or thoughts that are discriminating against race, creed, sex, beliefs, age, condition or social class;
D - contain or allow access to information, data, messages or services that entail crimes, promote violence or result in harm or those which are considered discriminating,degrading and against the Law, ethics, custom or public order;
E - provoke or could provoke a state of anxiety or fear to a recipient;
F - provoke or incite people to take part in dangerous activities or practices that may harm or risk a persons physical or psychiatric health;
G - represent false, incorrect or out of date information which causes or may lead to objective errors;
H - represent information protected by personal or industrial copyrights corresponding to a third party, without previously seeking authorisation or permission;
I - reveal company secrets
J - represent breach of honour, intimacy or image;
K - discredit the image of a company or damage or deteriorate the image or credit of a company;
L - breach legislation regarding secret communications;
M - represent illegal publications, being misleading and unfair and resulting in unfair competition;
N - carry an incorporated virus, trojans or any other element that may cause damage or malfunction of the network or the company's or a third party's IT equipment or that can damage or extract electronic files, data or information that has been stored in the system;
O - cause or may cause, due to its characteristics (software used for creating a file, the amount of information contained) saturation of the system, difficulties in functioning etc.;
P - incorporate HTML tags different to those that have been authorised by the company.
5:5 Abide by the Correct Use of Services and Contents
In accordance to what has been established in Clause 3:4, the User agrees to use the contents and services of the Web Page in accordance with what has been established by the Law, by this Legal Notification, by the instructions listed on the Web Page, by the terms and conditions of services, ethics, custom and public order, guaranteeing to refrain from:
A - copying, reproducing, transferring, transmitting, publishing or modifying the contents of this Web Page, without previously obtaining permission from the owner of said information;
B - eliminating, using or altering the copyright or other identifying components or information such as digital fingerprints or signatures of those who own the company or their associates;
C - actions resulting in abusive, unauthorised or fraudulent use of the Web Page with illicit objectives and/or results that are outlined as being prohibited in this Legal Notification or that may be susceptible to harm third parties and/or their interests or that may cause damage or disable the Web Page and make access to its contents difficult or impossible;
D - accessing or trying to access restricted contents or sections of the Web Page without complying with the requirements or conditions of access or without authorisation;
E - causing damage to the IT systems belonging to the company, providers or third parties;
F - issuing or distributing computer viruses, trojans or other IT elements via the network that may damage the company's IT system;
G - eliminating or manipulating information regarding industrial or personal copyrights or other identifying elements which belong to the company or to a third party that have contributed to its contents. Therefore, it is prohibited to delete the protection mechanisms which have blocked files containing text and images that contain information about the company, its services and products.
5:6 Use of the Services and Contents Offered on the Web Page in accordance to the Company's Anti-Spamming Policy
The User and CÁDIZ CASA refrain from:
1. obtaining data destined to be used for publicity and then sending this publicity, via any means, which result in a sale or other commercial transaction without previously seeking authorisation or consent.
2. sending any type of messages without prior consent;
3. forwarding any messages sent by other people or companies (bulk emails) without prior consent;
4. using email addresses accessed indirectly (for example, from a list of recipients listed on an email sent to various recipients) resulting in the activities outlined above in parts 1, 2 and 3;
5. making available to third parties, for whatever means, the information obtained from a list of recipients
All those Users or third parties who have been affected by unwanted emails which have been sent to a number of recipients can contact CÁDIZ CASA requesting that this does not occur in the future without consent. For these means, they can use the following email address:
CÁDIZ CASA owns the copyrights to texts and images included in the Web Page, such as layout, graphic design and codes, except when a different owner is stated, i.e. commercial names, brands or any other distinctive signs contained in this Web Page except those given to the User. This prohibits the contents of this Web Page (for example, its design and presentation) being used, except for private and personal use, for any reproduction, commerce, transformation or distribution, for whatever purpose. To avoid the above, it would be necessary to obtain express authorisation from CÁDIZ CASA , in which case, explicit future reference must be made stating the ownership and corresponding copyrights belonging to CÁDIZ CASA .
The User recognises that the information he may access via the Web Page maybe protected by industrial or private copyrights, in which case CÁDIZ CASA takes no responsibility in the infractions of these rights that the User may commit.
7:1 Exclusion of guarantees and exoneration of responsibility regarding the functioning of services
7:1:1 Availability, continuity, usage and failure
CÁDIZ CASA does not guarantee the continuous availability and functioning of the Web Page and its services. If at all possible, CÁDIZ CASA will previously advise of any interruptions to the functioning of its services. Likewise, CÁDIZ CASA does not guarantee the services for any specific use or its reliability.
CÁDIZ CASA does not accept any type of responsibility for the damage or loss of any sort that could be derived from the lack of availability or continuity of the services, or the suspension of the service, in particular, although not exclusively, to any temporary access limitations. CÁDIZ CASA can at any moment temporarily or permanently suspend any type of service without the need to previously consult the User of the Web Page.
Neither can CÁDIZ CASA guarantee the absence of viruses or other elements which may alter the Users computer system (software and hardware) or in electronic documents and files stored in the computer system, and therefore excludes itself from any responsibility for the damage and loss effecting the Users computer system, electronic documents or files.
The ability to use the service of the Web Page and other services has an indefinite time period. However, CÁDIZ CASA is authorised to terminate or suspend the availability of the services at any moment.
7:1:2 Exclusion of guarantees and exoneration of responsibility for using the services
CÁDIZ CASA is not obliged to control how much the Users use the service. In particular, CÁDIZ CASA can not guarantee all Users using the service conform to these Conditions of Use, or use it diligently. CÁDIZ CASA is neither obliged to verify the Users identity or verify the authenticity of the data that the Users make available to other Users. In which case, it will keep the data and information permitted by Law.
7:1:3 Responsibility for Hyperlinks or links
On the Web Page belonging to CÁDIZ CASA you can find technical device links which allow the Users to access web pages belonging to or run by third parties. The link to these websites are found in a frame which will feature the name or logo belonging to CÁDIZ CASA above it. This does not imply that CÁDIZ CASA is the owner of such web pages, merely owner and proprietor of those websites which are clearly identified as belonging to them, in particular the legal information and conditions of use of each service.
CÁDIZ CASA does not own the contents of those web pages which are accessed via these links, nor the information featured within the frames, and therefore excludes itself from any responsibility for damage or loss caused that is derived by the accessing these pages or their contents that are linked directly to CÁDIZ CASA.
Each User or third party that wishes to include any type of Hyperlink or link within their web page that connects or transfers to the web page of CÁDIZ CASA or the pages its composes, must obtain authorisation from the company.
7:2 Lawfulness, reliability and general use
CÁDIZ CASA merely acts as an intermediary between clients who wish to sell, lease or rent their properties and those who are interested in the purchase or rental of them. The information CÁDIZ CASA published via its Web Page is that which has been submitted by the person in charge of the sale/rental of the property. Although the aim of CÁDIZ CASA is to offer the correct information regarding the property, the company can not guarantee the reliability of the information, which may have been hidden or altered by the person submitting it and it is for that reason that CÁDIZ CASA DOES NOT TAKE RESPONSIBILITY for the physical attributes of the property which it acts as an intermediary for, or the legal or urbanistic status of such properties and to avoid any potential problems that may arise from said physical/ judicial attributes; CÁDIZ CASA STATES THE FOLLOWING:
1. URBANIZATION SITUATION/ LEGAL STATUS OF PROPERTY PORTFOLIO - CÁDIZ CASA will strive to obtain from the proprietors of the property the most exact and up-to-date information possible regarding its legal and urbanistic status. However, it will be the sole and exclusive responsibility of the potential purchasers/ rental tenants to retrieve all the relevant information and to verify it, by visiting the appropriate Town Hall's Urbanisation Office which deals with the area where the aforementioned property is situated. The information to be found at the Local Administration is public and can be consulted free of charge, giving the most up-to-date and exact information on the urbanistic status.
2. REGISTRY/ CATASTRAL SITUATION OF THE PROPERTY - as previously mentioned CÁDIZ CASA will strive to obtain from the existing proprietors the most exact and up-to-date information, but it will not be responsible if the information provided is inexact or not up-to-date. It is the sole responsibility of the potential purchasers/ rental clients to verify the information at the Local Land Registry where the property is registered or in the P.I.C. (Catastral Information Points) of each town. Such information can be found online on the web page Colegio de Registradores de España, Oficina Virtual de Catastro.
3. Contracting the services of a lawyer. The members of staff at CÁDIZ CASA have sufficient studies and experience in the real estate sector and can therefore offer excellent general advice regarding the properties for sale or for rent. However, our staff have not studied property law. CÁDIZ CASA recommends that clients who are either looking to buy/rent a property or sell/rent their own property to contract the services of a lawyer to deal with all transactions to assure and guarantee absolute security.
We specifically advise of the following:
The land currently categorised as "Non-Consolidate Urban Land" and "Urbanizable Land" will only become "Consolidated Urban Land" once the costs of urbanisation, set by Article 55 of Law 7/2002 dated 17th December, have been paid. To buy a property on land described as being Fuera de Ordenación (Out of Ordination) can result in a good investment (the reason being the price is lower for this type of land) but at the same time it can entail certain risks such as modifications in the town's urbanisation plans that affect the category of the land where the dwelling or border limitations are located., this can mean a reduction in the plot size to make way for the construction of roads or public equipment and also the obligation to pay the urbanisation costs of the land when the area becomes Consolidated Urban Land. CÁDIZ CASA urges its clients to contract the services of a lawyer so that, with his advice, any property classified as being on Non-Consolidated Urban land has all its guarantees in place, avoiding any unwelcome surprises in the future.
7:4 Reliability, exactness, truthfulness and updated information
CÁDIZ CASA does not guarantee, and for this reason the Users accept, the reliability, exactness, truthfulness and updated information contained within the Web Page. The company exempts itself from any responsibility, as much as legislation permits, for any damage or loss of any kind that could occur to the Users or third parties as a result of inaccurate, unreliable, false and outdated information on the Web Page.
8:1 Via contact forms
In the cases where the User hands over personal information to CÁDIZ CASA via a contact form (from now on to be referred to as Personal Data), CÁDIZ CASA will use the Personal Data to manage its services.
Once the contact form has been completed and sent, it is understood that the User accepts and authorises that his Personal Data will be managed by CÁDIZ CASA and that it will send via electronic mail information concerning new products and services.
The User is aware that personal data given will be stored by CÁDIZ CASA and is destined exclusively for the benefit of a personalised Web service to the User, and its participation in its activities related to the website, including sending commercial information that could be in the User s interest.
On the other hand, the User consents that in the future, including once the business relationship has ended, CÁDIZ CASA can use the Users personal data to inform his about products and/or services. If the User does not wish for his data to be used in this way, he can contact the company at the following address: Buzon 270, Centro Comercial Miramar, Carretera La Barrosa, 11130, Chiclana de la Frontera, Cádiz, clearly indicating his name, surname and address or via electronic mail to info@CADIZCASA.COM
Likewise, the User is informed of the possibility of exerting at any moment the rights to access, rectify, cancel or oppose his personal data via electronic mail at info@CADIZCASA.COM or written to CÁDIZ CASA at the following postal address Buzon 270, Centro Comercial Miramar, Carretera La Barrosa, 11130, Chiclana de la Frontera, Cádiz.
The User guarantees the truthfulness, exactness and authenticity of his Personal Data handed over, promising to maintain them updated. CÁDIZ CASA at no given time will pass on or sell the Personal Data or other individuals to exploit or for commercial use.
8:2 Via cookies
Time and date of the Users last visit to the CÁDIZ CASA website
The content design that the User chose the first time he visited the CÁDIZ CASA website
The User has the option to impede the generation of cookies by selecting the relevant option in his browser.
In the case a User or third party detects some apparent form of illicit use whilst using this Web Page, for example, breach of industrial or personal copyright such as commercial denominations, brands, logotypes, identifying images, patents, images, texts or photographs connected to the copyright, he must notify the judicial department of CÁDIZ CASA via electronic mail or ordinary post using the addresses previously listed, via certified post or burofax, within which they must state the following:
Personal details of the person making the claim: name, address, telephone number, fax and/or electronic mail
Relate the facts that point towards a breach of copyright, identifying the exact material which is protected and proof of ownership, as well as the exact situation on the Web Page.
Facts or motives that reveal the illicit nature of such activity
In the case of breach of copyright, a written signature, electronic signature, stamp or equivalent belonging to the owner of the presumed copyright or of his legal representative who has been instructed to represent this personal information, plus the legal document to prove this.
Clear declaration of the person who submits the claim, stating that the information contained in the notification is precise and of the illicit nature of use of the material or activities shown.
A. All notifications, requests and communications sent by the User to the company will be efficiently dealt with when they are directed to the Customer Service Office at CÁDIZ CASA via one of the following:
Via ordinary post to the following address: Buzon 270, Centro Comercial Miramar, Carretera La Barrosa, 11130, Chiclana de la Frontera, Cádiz
Via electronic mail to the following address: info@CADIZCASA.COM
B. The company can contact the User in the following way:
Via ordinary post to the postal address previously indicated by the User
Via electronic mail to the address previously given by the User
Via a telephone call to any of the given numbers previously given by the User
Via a text message to any of the given numbers previously given by the User
All forms of communication listed above are considered to be efficient and reliable, as long as the User declares that the information regarding their contact details given to the company is exact and up-to-date. The User promises to inform the company of any changes that could arise and notify of any changes to the information given.
The company reserves the right to suspend, withdraw or end the availability of its services to the User that infringe anything stated in this Legal Notification.
Any claim or controversy resulting from this present Legal Notification will be subject to Spanish Legislation and will be dealt with via the jurisdiction in one of the Madrid Courts and Tribunals.
If there is any doubt or anything unclear regarding this Legal Notification the Users can contact the company via info@CADIZCASA.COM
Informacion para el consumidor en cumplimiento del Decreto 218/05
CÁDIZ CASA informs the Users and third parties of their consumer rights via the Decree 218/2005, 11th October, which relates to the Ruling of Information to the consumer in the purchase and rental of properties in Andalucia.
Article 5: General information regarding the offer, promotion, publicity of a property for sale or for rent.
The offer, promotion and publicity of a property for sale or to rent to the general public must contain the following information, and state the period of its relevance.
a) Whether the property is in under project, under construction or built
b) Location of the building
c) Identification of the property developer
d) Number of dwellings
e) If the number of bedrooms is mentioned, as well as other parts of the property including any annexes, or if there is a general description of the property, this must include the square meters
f) If the price of the property is mentioned in accordance with Article 2 of the Present Decree, it should also include the costs that the consumer must pay.
g) If the rent/income is mentioned, it must include the community fees if they are to be paid by the consumer.
h) When money is handed over before construction has begun, or during construction, it must mention the exact amount of money to be guaranteed by Law, the name of the guarantor, policy number and the details and number of a special and exclusive bank account to be used for these payments. It must be shown whether the amount of money paid constitutes as a deposit, part of the price or part of the price and deposit.
i) The rights of the consumer to have a copy of the Documento Informativo Abreviado (Abbreviated Informative Document).
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