Terms & conditions
General Terms and Conditions
Perfect Home Spain
These general terms and conditions apply to all services of Perfect Home Spain.
Chapter 1. Definitions
The following definitions are used in these General Terms and Conditions:
Services: All services performed by Perfect Home Spain on the basis of the
Agreement concluded between Perfect Home Spain and the Client.
Property: The building, plot, furniture, textiles, or installation to which the services
relate.
Client: The natural person or legal entity with whom Perfect Home Spain enters into
an agreement to which these conditions apply.
Contractor: Perfect Home Spain
Agreement: The agreement between Perfect Home Spain and the Client, of which
these conditions form part.
Personnel: All (auxiliary) persons, employed by or on behalf of Perfect Home Spain,
who are involved in the execution of the agreed work.
Keys: Keys, key cards, remote controls, and other means that allow access to a
property.
Rate: The compensation that the Client owes Perfect Home Spain for the agreed
services.
Chapter 2. General provisions
Article 1: Applicability
1.1 These general terms and conditions apply to every offer, quotation and
Agreement between Perfect Home Spain (hereinafter: "Contractor") and the Client,
unless otherwise agreed in writing by the parties or specific provisions in other parts
of these terms and conditions apply. These conditions also apply to all stages
preceding the conclusion of an Agreement and to the services and work carried out
by Perfect Home Spain before the conclusion of the Agreement. Agreement is
formally closed.
1.2 Perfect Home Spain reserves the right to adapt and/or change these general
terms and conditions at any time. Any changes will be communicated to the Client in
writing and will take effect from the moment of publication, unless otherwise stated.
1.3 Perfect Home Spain is not bound by any general terms and conditions that have
been declared applicable by the Client, unless they have been expressly accepted in
writing by Perfect Home Spain. If the Client declares his own general terms and
conditions applicable to orders and/or Agreements, these are expressly rejected and
the general terms and conditions of Perfect Home Spain take precedence, unless
otherwise agreed in writing.
1.4 If one or more provisions in these general terms and conditions are declared null
and void or annulled, the other provisions will remain in full force. In place of the void
or annulled provisions, provisions will apply that are as close as possible to the
purpose and scope of the original provisions.
1.5 To the extent that Perfect Home Spain provides third party equipment, software,
or services to the Client supplies, the terms and conditions of those third parties
apply to this equipment, software, or services. Deviating provisions in these general
terms and conditions are hereby excluded. The Client accepts the terms and
conditions of third parties. These conditions are available free of charge upon
request from Perfect Home Spain. If the terms and conditions of third parties are
declared not applicable for whatever reason, the provisions of the general terms and
conditions of Perfect Home Spain will remain fully applicable.
Establishment agreement
Article 2: Offers and Quotations
2.1 All offers and quotations from Perfect Home Spain are without obligation, unless
expressly stated otherwise in writing in the quotation. Perfect Home Spain is only
bound to an offer or quotation if the Client accepts this in writing within the period
stated in the quotation. In the absence of an acceptance period, the offer or
quotation will expire 14 days after the date of issue. No rights can be derived from
information, images, specifications or other documents provided by Perfect Home
Spain, unless this has been explicitly agreed in writing.
2.2 Perfect Home Spain reserves the right to conduct a credit check on the Client
before entering into a final agreement. If the creditworthiness investigation is
negative, Perfect Home Spain can withdraw the offer or quotation.
2.3 In the case of composite quotations, where multiple services are offered, Perfect
Home Spain is not obliged to partially supply the services for a corresponding part of
the price, unless expressly agreed otherwise.
2.4 An Agreement between Perfect Home Spain and the Client is concluded by the
written acceptance of the quotation within the specified period by the Client, or as
soon as Perfect Home Spain has given written confirmation of the order.
Article 3: Changes to the terms and
conditions
3.1 Perfect Home Spain reserves the right to unilaterally change or supplement
these general terms and conditions at any time. Changes also apply to agreements
already concluded, unless otherwise agreed in writing.
3.2 Changes to the general terms and conditions will be communicated to the Client
in writing and will take effect on the date indicated in the notification. If no date is
stated, the changes will take effect on the date the notification is sent.
3.3 If the Client does not accept the amended terms and conditions, he has the right
to terminate the agreement in writing within 30 days of receipt of the notification,
unless the amendment has no material consequences for the rights and obligations
of the Client.
3.4 To the extent that Perfect Home Spain provides third party equipment, software,
or services to the Client delivers, the terms and conditions of those third parties
apply to this delivery. In the event of a change to these conditions, the Client will be
informed of this as soon as possible.
3.5 These changes apply to all services provided by Perfect Home Spain, regardless
of the specific nature of the services, such as cleaning, rental service, or key
management. Perfect Home Spain will make every effort to communicate changes
that materially affect the service in a timely and clear manner Client.
Article 4: Entry into force and Registration
4.1 These general terms and conditions come into effect on the date of signature by
the Client or on another date agreed in writing between Perfect Home Spain and the
Client. Failing this, the date of publication of these conditions will be taken as the
date of entry into force by Perfect Home Spain.
4.2 Deposit and availability: These general terms and conditions have been
deposited by the Chamber of Commerce and are available free of charge upon
request from Perfect Home Spain. The Client can request a copy of the general
terms and conditions from Perfect Home Spain.
4.3 Registration Number and Reference: All references to these general terms and
conditions in correspondence and communications will use the registration number
of Perfect Home Spain with the Chamber of Commerce to ensure authenticity and
validity.
Article 5: Creditworthiness and Guarantee
5.1 Perfect Home Spain reserves the right to test the creditworthiness of the client
before or during the agreement. If there is any doubt about the creditworthiness or
payment capacity of the Client, Perfect Home Spain may request additional
securities, such as a deposit or bank guarantee. If the Client does not meet this
requirement within the set period, Perfect Home Spain reserves the right to suspend
the provision of services or terminate the agreement, without being liable for damage
to the Client.
5.2 If Perfect Home Spain incurs costs for carrying out a creditworthiness test or
other measures that have been agreed, these costs can be passed on to the Client,
provided this has been communicated in writing in advance.
Execution of services
ARTICLE 6: Keyholding
6.1 Services description and Applicability: Perfect Home Spain offers key
management in different packages.
One-off service: the client purchases this service and pays the indicated rate once.
Monthly service: Client takes this service and pays the indicated rate monthly with a
minimum duration of 12 months.
Twice a month service: client takes this service and pays the monthly rate with a
minimum duration of 6 months.
Weekly service: client takes this service and pays the monthly rate with a minimum
duration of 6 months.
The rates are listed at https://www.perfecthome-spain.com/service
6.2 Perfect Home Spain stores your (spare) key in a locked safe.
6.3 Inspection report: In the inspection report, Perfect Home Spain will inspect the
points mentioned on the website under the Service Content column. This report may
provide advice on carrying out repairs or other work. The choice and responsibility
lies with the Client as to whether this should be carried out.
6.4 Responsibilities of the Client: The client is responsible for issuing keys and/or
alarm codes of the Property.
6.5 Planning Inspection: Perfect Home Spain schedules the inspections and will
inform the customer by email or Whats App. If the inspection date is not convenient
for the client, the client can indicate this by responding to the email or WhatsApp.
6.6 Storage and Use of Data: Perfect Home Spain has the right to digitally store the
data provided by the Client. Any changes to this data must be communicated in
writing by the Client, after which Perfect Home will process these changes. At the
request of the Client, Perfect Home Spain can provide an up-to-date overview of the
data registered in the database.
6.7 Liability and Responsibilities: Perfect Home Spain is not liable for loss, theft, or
damage to the client's property, unless there is intent or gross negligence on the part
of Perfect Home Spain. The client is responsible for the condition of the Property,
access to the Property and providing clear instructions regarding specific
circumstances.
ARTICLE 7: Storm Inspection
7.1 Services description and Applicability: Perfect Home Spain offers Inspections
after a heavy storm. This service is included when purchasing the services referred
to in Article 6.1, with the exception of the one-off service.
7.2 Content of the service: the next day after a storm, Perfect Home Spain will carry
out a general inspection to check for storm damage. Perfect Home Spain sends the
client a report and communicates any recommended actions.
7.3 Liability and Responsibilities: Perfect Home Spain is not responsible for the
(consequential) damage of storms that are (not) seen during inspection. The
responsibility here lies with the client.
ARTICLE 8: Cleaning and textile service
8.1 Services Description and Applicability: The cleaning and textile service means
that we arrange the cleaning, bed making and bed linen in your Property.
8.2 Availability: The client must inform Perfect Home Spain in a timely manner with a
minimum of 48 hours. The cleaning and textile services can only be purchased if the
client purchases the keyholding service. The Textile Service is required to take over
1 or 2 person bed linen from the cleaning service. Other Textile services mentioned
are a choice.
8.3 Costs of the service: the rates are made up of the agreed cleaning price and the
bed linen rate times the number of beds. Guidelines for rates see:
https://www.perfecthome-spain.com/service
8.4 Management of bed linen: Perfect Home Spain has no stock of bed linen or other
textiles. The client is responsible for having at least 3 sets of bed linen per (double)
bed. Perfect Home Spain keeps these bed linen in-house and indicates in a timely
manner when the client needs to replace a set.
8.5 Management of other textiles: if the client chooses to offer an extra service such
as a towel set, the client is responsible for ensuring that there is a minimum stock of
2 sets in Perfect Home Spain's stock. Perfect Home Spain keeps these towels,
beach towels and/or tea towels in-house and indicates in good time when the client
needs to replace a set.
8.6 Washing Textiles: Perfect Home Spain ensures that the textiles are washed on
time and with care by Perfect Home Spain or third parties.
8.7 Liability and Responsibilities: Perfect Home Spain is not liable for loss, theft, or
damage to property of the client, unless there is intent or gross negligence by the
staff. The client is responsible for the condition of the properties, access to the site,
and providing clear instructions about specific circumstances.
ARTICLE 9: Rental service
9.1 Service Description and Applicability:
Perfect Home Spain receives the Guests and provides any necessary instructions
regarding the Property. Subsequently, Perfect Home Spain remains available to the
Guests within the indicated opening hours for contact or, in case of emergencies,
outside working hours. Additionally, Perfect Home Spain is open to arranging extra
services for the Guests at the agreed rates with the Guests.
9.2 Fee Structure:
The rental service fee consists of the agreed commission and the commission of
rental organizations on the nightly rate. Example: Total price paid by the guest -
(cleaning costs, bed linen, extra options, etc.) = nightly rate.
9.3 Responsibilities of the Client:
The Client is responsible for granting access to the Property for Guests, Perfect
Home Spain, and any third-party entities engaged in the service. The Client must
provide three keys to the Property. The Client agrees to subscribe to the service for
one year. This requirement may be waived in consultation with Perfect Home Spain
or in the event of the sale of the Property.
9.4 Limitation of Liability:
Perfect Home Spain is not liable for damages, losses, burglary, vandalism, or other
incidents arising from renting out the Property to third parties. Any damages caused
by third parties must be claimed by the Client from those third parties (Guests).
9.5 Damages Caused by Guests:
Perfect Home Spain will withhold the security deposit charged to the Guests to cover
any damages. Any damages will always be reported to the Client. If the damage
costs exceed the security deposit, the costs must be recovered by the Client from
the Guests. Perfect Home Spain only provides support in this process.
9.6 Insurance:
The Client is required to have adequate insurance coverage against damages or
theft resulting from rentals.
9.7 Payment:
Perfect Home Spain pays the Client quarterly unless otherwise agreed. All costs,
including commissions (from third parties) and cleaning fees, are deducted before
payment.
9.8 Personal Use by the Client:
Personal use of the Property by the Client is allowed, provided this is agreed upon in
advance. The Client is not required to pay a commission. However, in consultation
with the Client, Perfect Home Spain may charge cleaning fees to prepare the
Property for rental again, based on the applicable cleaning rates.
9.9 Liability of Perfect Home Spain:
Perfect Home Spain is in no way liable for nights that are not rented. Perfect Home
Spain cannot guarantee that the Property will be rented out.
9.10 Long-Term Rental of the Property:
Long-term rental of the Property is only possible in consultation with the Client.
ARTICLE 10: QR Information Card
10.1 Services description and Applicability: QR information card is a service in which
Perfect Home Spain creates a specialized information card containing, for example,
information about the area, information about the property, contact details or other
information that can be shared with guests.
10.2 Structure of the rates: the rates are based on the agreed price. Guidelines for
rates see: https://www.perfecthome-spain.com/service
Costs may be charged for later adjustments to the information card.
10.3 After purchasing the service: the information card remains in the possession of
Perfect Home Spain. Perfect Home Spain will share the information card and PDF
file with the client. When the client agrees, the sign is placed in the client's property.
10.4 changes: If the client does not agree and indicates a change, this will be
changed free of charge by a maximum of three times. Perfect Home Spain can then
charge costs to the Client.
10.5 Responsibilities of the Client: The client is responsible for providing the correct
information about electrical appliances or instructions for use so that Perfect Home
Spain can incorporate this into the information board and the PDF. It is not permitted
to make adjustments to the information board or PDF file without written permission
from Perfect Home Spain.
10.6 Liability in case of damage: if the information card needs to be replaced due to
damage by the client or third parties, Perfect Home Spain may recover the costs of
replacing the sign from the Client.
10.7 Liability: The Client agrees that no rights can be derived from the content of the
information card.
10.8 Termination of the service: When the Client terminates the service, the Client is
responsible for returning the information card within two weeks. Fees may be
charged if the sign is not returned. Perfect Home Spain will delete the PDF file within
one month.
ARTICLE 11: Swimming pool cleaning
service
11.1 Services description and Applicability: Swimming pool cleaning service means
that Perfect Home Spain checks the quality of the water, cleans the filters, and keeps
the swimming pool clean.
11.2 Structure of the rates: the rates are composed of the agreed price. Guidelines
for rates see: https://www.perfecthome-spain.com/service
11.3 After the service has been completed: Perfect Home Spain will come to the
agreed number of times per month to clean the swimming pool. Perfect Home Spain
will take rental periods into account and try to plan this for the arrival date of Guests.
11.4 Responsibilities of the Client: The Client is responsible for giving Perfect Home
Spain access to the swimming pool and pump installation. The Client must provide
correct information about the operation of the pump installation.
Liability and Responsibilities: Perfect Home Spain is not liable for loss, theft, or
damage to the client's swimming pool or pump installation, unless there is intent or
gross negligence on the part of Perfect Home Spain. The client is responsible for the
condition of the swimming pool and the pump installation, access to the swimming
pool and pump installation and providing clear instructions about specific
circumstances.
ARTICLE 12: Other services
Other services: other services are services that Perfect Home Spain performs for the client
at an agreed rate per hour or service.
Obligations of the client
ARTICLE 13: Obligations of the client
13.1 General Responsibilities: The client is responsible for the timely and complete
delivery of all necessary information, materials, equipment and facilities necessary
for the performance of the agreed services by Perfect Home Spain. If the client fails
to fulfill these obligations in a timely manner, Perfect Home Spain reserves the right
to suspend the execution of the agreement and charge additional costs based on
usual rates. This also applies to costs that arise because Perfect Home Spain itself
has to obtain the necessary resources due to the client's default.
13.2 Contact details and Alert addresses: The client must ensure that current and
complete contact details of third parties are provided, which are necessary for the
performance of the services. If this information is not available or accessible, Perfect
Home Spain has the right to charge additional costs for carrying out additional
actions.
13.4 Force majeure at the Client: In the event of force majeure at the client, such as
unforeseen circumstances that prevent the execution of the agreement, Perfect
Home Spain can temporarily suspend the agreement. This includes situations such
as extreme weather conditions or a lack of necessary information, materials or
access to be provided by the client.
13.5 Changes and Working Conditions: The client is obliged to inform Perfect Home
Spain of changes relating to the data provided by him or to the working conditions,
which may affect the performance of the services. The client will further offer Perfect
Home Spain the opportunity to perform the services under the legal safety
requirements and other applicable regulations.
Use of third parties
ARTICLE 14: Use of third parties
14.1 Deployment of Third Parties by Perfect Home Spain: Perfect Home Spain has
the right, if necessary for the performance of the agreed services, to outsource
certain tasks in whole or in part to third parties. This applies, for example, to
specialized services that fall outside the standard services of Perfect Home Spain,
but which are essential for the full execution of the service for the client.
14.2 Due care when using Third Parties: Perfect Home Spain will always exercise
due care when engaging third parties. This means that only third parties with the
necessary expertise and experience will be engaged. The client will only be informed
of these third parties if this affects the performance of the services or if this is
explicitly agreed in the agreement.
14.3 Responsibilities when using third parties: When third parties are deployed, the
obligations and responsibilities of Perfect Home Spain towards the client remain
unaffected. Perfect Home Spain remains responsible for the overall implementation
of the agreed security services and the correct coordination with the third parties
involved.
14.4 Liability when Using Third Parties: Perfect Home Spain is not liable for errors or
shortcomings in the services provided by third parties, unless they arise from
negligence or intent on the part of Perfect Home Spain itself. In the event that third
parties cause damage or fail, the client must immediately contact these third parties,
and not Perfect Home Spain, for any claim or compensation for damage.
14.5 Liability Transfer: If Perfect Home Spain engages a third party to carry out a
specific task, the right to liability for any errors or damage relating to that task will lie
solely with the third party, to the extent that this third party can become liable stated.
14.6 Coordination of Deployment of Third Parties: Perfect Home Spain will inform the
client in advance about the involvement of third parties and coordinate all relevant
conditions regarding their deployment and responsibilities with the client, so that no
misunderstandings arise about the division of responsibilities and liabilities.
Working conditions and safety
ARTICLE 15: Working conditions and safety
15.1 General Responsibilities: The client is obliged to provide Perfect Home Spain
with a safe working environment that meets the legally established safety standards.
This includes providing access to the site and providing necessary facilities, such as
water, heating, lighting, power, toilet facilities, and fire-fighting equipment. The client
must also ensure that the staff of Perfect Home Spain does not suffer any damage
during the performance of the services, by taking safety measures and mitigating
risks. The client must inform Perfect Home Spain in a timely manner about dangers
or risky situations that could affect the safety of the staff.
15.2 Access and Facilities: The client is obliged to give Perfect Home Spain full and
unhindered access to the required working environment, including the grounds and
facilities of the Property. In the event of nuisance or unjustified restriction of access
to the location, Perfect Home Spain is not liable for any delays or damage resulting
from this. The client is responsible for providing the correct information necessary for
the safe performance of the services, and for solving problems that arise due to the
lack of these resources.
15.3 Suspension for Unsafe Working Conditions: In cases where the client fails to
take the necessary safety measures, Perfect Home Spain may suspend the
performance of the services until the situation is resolved. Perfect Home Spain is not
responsible for damage resulting from the client's failure to comply with the agreed
safety regulations.
15.4 Responsibility for Unsafe Situations: If there are dangerous situations, such as
an emergency on location, it is the client's responsibility to intervene quickly and take
the correct action. Perfect Home Spain cannot be held liable for any damage
resulting from unsafe situations that arise due to negligence on the part of the client
in taking the necessary precautions.
15.5 Liability in case of Incidents: In the event of incidents on location, such as
damage, injury or loss resulting from an unsafe working environment or incorrect
safety measures, the client can be held liable by Perfect Home Spain for the damage
that occurs. The client is responsible for preventing these incidents by taking the
necessary safety measures in a timely manner and adequately informing Perfect
Home Spain about dangers on location.
Key management and
responsibility
ARTICLE 16: Key management and
responsibility
16.1 Key management: Perfect Home Spain has the responsibility to manage the
keys provided by the client to Perfect Home Spain in a safe and careful manner. The
client must ensure that the keys handed over to Perfect Home Spain for the
performance of the services are identified and registered completely and in a timely
manner.
16.2 Liability with Key Management: Perfect Home Spain is not responsible for the
consequences of defects or malfunctions in the key systems or installations that
arise during the term of the agreement, unless these defects are directly the result of
an error in the services of Perfect Home Spain . All problems with keys or access
systems must be resolved by the client in the first instance.
16.3 Return of Keys upon Termination: Upon termination of the agreement, the client
is obliged to collect the keys from Perfect Home Spain within two months. If the keys
are not returned within this period due to negligence on the part of the client, Perfect
Home Spain has the right to destroy the keys, unless otherwise agreed. The costs
for retrieving or re-issuing keys will be charged to the client.
16.4 Liability for Misuse: Perfect Home Spain cannot be held liable in any way for
damage resulting from incorrect use of the keys by the client or his staff. The client
indemnifies Perfect Home Spain against all claims from third parties arising from loss
or misuse of keys handed over to Perfect Home Spain.
Changes in services
ARTICLE 17: Changes in services
17.1 Change of Services: Perfect Home Spain reserves the right to change the
scope or nature of the services at any time, provided that the client is notified in
writing in a timely manner. These changes may result from changed legislation or
regulations, technical developments, or operational requirements. Perfect Home
Spain will inform the client as soon as possible about such changes, whereby
Perfect Home Spain strives for minimal disruption to the service.
17.2 Cost changes to Services: If the change in services leads to substantial
changes in costs, Perfect Home Spain undertakes to inform the client of this in
advance. In the event of changes that have a significant impact on the performance
of the agreement, the client has the right to reconsider or terminate the agreement
within a reasonable period, taking into account the contractual provisions on
termination.
17.3 Termination in the event of Unacceptable Changes: In the event of changes in
the services that are unacceptable to the client, the client may terminate the
agreement, provided this is communicated in writing within thirty (30) days after
notification of the change. In that case, Perfect Home Spain is obliged to reimburse
the services already provided based on the agreed rates, and Perfect Home Spain is
not liable for damage resulting from the modification or termination of the agreement.
17.4 Suspension in the event of Force Majeure: Perfect Home Spain may at any time
temporarily suspend the performance of the services, for example in the event of
force majeure or technical malfunctions that hinder the performance of the services.
Any consequences of suspension, such as delays or temporary reduction of
services, will be discussed with the client and, if necessary, confirmed in writing.
Duration and termination of the
agreement
ARTICLE 18: Duration of the agreement
18.1 Duration of the Agreement: The agreement between Perfect Home Spain and
the client is entered into for the duration as determined in the individual agreement.
This can be for a specific or indefinite period of time.
18.2 Extension of Agreement: A fixed-term agreement is deemed to be extended for
the same duration after the agreed period, unless one of the parties has indicated in
writing no later than three months before the end of the period that it does not wish
to extend the agreement. In that case, the agreement ends on the agreed date
without further obligations on the part of both parties.
18.3 Termination for an Indefinite Period: An agreement for an indefinite period can
be terminated by either party at any time, subject to a notice period of 1 month. The
cancellation must be made in writing, preferably by registered letter, and will take
effect at the end of the following month in which the cancellation is made, unless
otherwise agreed in writing.
18.4 Immediate Termination in the event of Bankruptcy or Moratorium: Perfect Home
Spain has the right to terminate the agreement immediately without owing any
compensation to the client if the client is declared bankrupt, applies for a moratorium
on payments, or a liquidation procedure is initiated. Perfect Home Spain can also
terminate the agreement if the client's assets are frozen by a judicial seizure or if the
client actually ceases its business activities.
18.5 Termination due to Changes in Legislation: If changes in legislation or
regulations occur during the term of the agreement that affect the service, Perfect
Home Spain may revise or terminate the agreement. Changes that increase costs
can be passed on to the client by Perfect Home Spain, unless otherwise agreed.
18.6 Termination by Client: The client can terminate the agreement at the end of a
contract year, with a notice period of one month, unless otherwise agreed. Upon
termination, the client is not entitled to a refund of monies already paid. Any
outstanding payments become immediately due and payable on the end date of the
agreement.
18.7 Automatic Renewal: If no written notice has been given, the agreement will be
automatically extended for one month, taking into account the agreed price and
conditions, unless otherwise stated.
Termination, dissolution and
transfer of rights and obligations
ARTICLE 19: Termination, dissolution and
transfer of rights and obligations
19.1 Termination: The agreement between Perfect Home Spain and the client can be
terminated by either party at any time, subject to the notice period as agreed in the
agreement. Termination can take place in writing, by registered letter, or via other
agreed means of communication. If the agreement has been concluded for a specific
period, the agreement can only be terminated by written notice before the end of the
agreed period, unless otherwise stated.
19.2 Dissolution in the event of non-compliance: Perfect Home Spain has the right to
terminate the agreement with immediate effect without owing any compensation if
the client fails to fulfill essential obligations under the agreement, such as failure to
pay amounts due on time, failure to comply with agreements regarding access to
Properties or failure to meet the requirements for the performance of services. Upon
termination of the agreement, the client is obliged to immediately pay all outstanding
obligations, including payments for services already provided.
19.3 Termination in the event of Bankruptcy: Perfect Home Spain has the right to
terminate the agreement immediately, without any compensation to the client, if the
client is declared bankrupt, applies for a suspension of payments, or is otherwise
unable to fulfill its obligations. Perfect Home Spain can also terminate the agreement
if the client actually ceases its business activities or if a situation arises that makes it
impossible for Perfect Home Spain to properly execute the agreement, such as a
judicial seizure of the client's property or incorrect information about the condition of
the Property.
19.4 Termination for Incomplete Compliance: If the client does not properly comply
with the conditions for the execution of the agreement, Perfect Home Spain reserves
the right to terminate the agreement, which cannot be considered as a termination.
In the event of dissolution, the client is not entitled to any compensation, unless
otherwise agreed in writing.
19.5 Transfer of Rights and Obligations: With regard to the transfer of rights and
obligations, the client is not permitted to transfer rights and obligations under this
agreement to third parties without written permission from Perfect Home Spain.
Perfect Home Spain has the right to transfer the rights and obligations under this
agreement to a third party, provided that the client is informed of this in a timely
manner.
19.6 Termination of the Agreement by Transfer: If the client cannot or does not want
to transfer his rights and obligations and Perfect Home Spain agrees to the
termination of the agreement, Perfect Home Spain may choose to terminate the
agreement at the end of the current period of agreed service, taking into account the
agreed notice period.
19.7 Payment obligations upon Termination: In the event of termination, dissolution
or cancellation of the agreement, the client remains responsible for paying all
amounts due up to the date of termination or dissolution, including any costs arising
from the termination, such as administrative costs or terminating subscriptions.
19.8 Discontinuation in the event of Conflicts: Perfect Home Spain reserves the right
to temporarily or permanently discontinue the provision of security services if a
conflict arises between Perfect Home Spain and the client that hinders the normal
execution of the agreement. Perfect Home Spain will inform the client in writing of
the situation and the immediate termination of services, if necessary. The right to
discontinue the services applies without Perfect Home Spain being liable for damage
or loss to the client as a result of the termination, unless otherwise agreed in the
agreement.
Liability and force majeure
ARTICLE 20: Liability of Perfect Home Spain
20.1 Limited Liability: Perfect Home Spain's liability for damage suffered by the client
is limited as determined in this article. Perfect Home Spain is only liable to the client
for direct damage resulting from intent or deliberate recklessness on the part of
Perfect Home Spain. Liability is limited to the amount stated on the invoice per event.
20.2 Delivery of Services: With regard to the delivery of services, Perfect Home
Spain is only obliged to repair the defect in the delivered goods on the basis of the
warranty. Perfect Home Spain is not liable for damage resulting from a lack of
services.
20.3 Damage repair: The client must give Perfect Home Spain the opportunity to
repair damage caused by Perfect Home Spain to the client's property itself, before
the client can claim the repair itself.
20.4 Indirect Damage: Liability of Perfect Home Spain for indirect or consequential
damage suffered by the client, such as lost profit, lost turnover, damage due to
business stagnation, damage to Property and missed savings, is excluded.
20.5 Key management: For damage resulting from the loss of keys entrusted to
Perfect Home Spain under the agreement, liability is limited to an amount of the
agreed costs to replace the key and/or lock.
20.6 Incorrect Data: Perfect Home Spain is not liable for the consequences of
incorrect data provided by or on behalf of the client.
20.7 Terrorism and War: Perfect Home Spain is under no circumstances liable for
events causing damage as a result of terrorist attacks and/or war situations.
20.8 Complaints and Terms: The client must inform Perfect Home Spain in writing as
soon as possible of any complaint regarding a delivery, but in any case within seven
(7) days after the complaint was noted.
ARTICLE 21: Indemnification and force
majeure
21.1 Indemnification by the Client: The client indemnifies Perfect Home Spain
against all claims from third parties arising from actions or negligence of the client.
21.2 Force majeure: In the event of force majeure, Perfect Home Spain is not liable
for failure to fulfill any obligations under the agreement. Force majeure means: all
unforeseen circumstances beyond the control of Perfect Home Spain that
temporarily or permanently prevent the performance of the services.
21.3 Suspension in the event of Force Majeure: Perfect Home Spain has the right to
suspend the performance of the services or terminate the agreement if the force
majeure situation continues for more than two months.
Privacy and data protection
ARTICLE 22: Privacy statement
22.1 Privacy statement: Perfect Home Spain attaches great importance to the
protection of your personal data. By agreeing to the general terms and conditions of
Perfect Home Spain, you automatically agree to our privacy statement. For more
information, please refer to our full privacy statement
https://www.perfecthome-spain.nl/privacy-verklaring .
Intellectual property
ARTICLE 23: Ownership of Materials and
Information
23.1 Ownership: All materials, documentation, reports and other products supplied or
generated by Perfect Home Spain in the context of the agreement will at all times
remain the property of Perfect Home Spain, unless expressly agreed otherwise.
23.2 Use by the Client: The client does not acquire ownership of the materials,
documentation or information provided by Perfect Home Spain, unless explicitly
agreed otherwise.
23.3 Loss or Damage: If materials provided by Perfect Home Spain are lost or
damaged during the execution of the agreement, the client is responsible for the
repair or replacement of these materials, unless the damage is the result of intent or
gross negligence. negligence of Perfect Home Spain.
Payment and rates
ARTICLE 24: Rate determination
24.1 Prices and Levies: The prices charged by Perfect Home Spain include VAT and
any other levies, as well as excluding any costs to be incurred in the context of the
agreement, unless otherwise agreed.
24.2 Changes in Costs: If changes that increase the cost price occur during the term
of the agreement, such as wage and employment conditions, allowances or premium
increases, Perfect Home Spain is entitled to increase the price in the interim, in
accordance with government regulations.
24.3 Indexation: Perfect Home Spain is entitled to adjust the rates annually based on
the consumer price index drawn up by Statistics Netherlands (CPI - all households).
ARTICLE 25: Payment term and fines
25.1 Payment term: Payment of invoices must be made within the term set out in the
agreement, or within thirty (30) days after the invoice date. In the event of late
payment, the client is legally in default and owes interest of 1.5% per month.
25.2 Suspension of Services: If payment is not made after a written reminder, Perfect
Home Spain reserves the right to suspend the performance of the services until
payment has been received in full.
Confidentiality and personnel
ARTICLE 26: Secrecy
26.1 Confidential Information: Both parties, Perfect Home Spain and the client, are
obliged to keep secret all confidential information shared during the execution of the
agreement. Confidential information includes company data, customer information,
technical data and financial data.
26.2 Restriction on use: This obligation of confidentiality remains in effect, both
during the term of the agreement and after termination thereof.
ARTICLE 27: Restriction on staff recruitment
27.1 Prohibition on Recruitment: The client acknowledges that the staff of Perfect
Home Spain has valuable knowledge and experience. The client is prohibited from
directly employing employees of Perfect Home Spain or using their services without
the prior written permission of Perfect Home Spain, during the term of the agreement
and a period of twelve months after termination.
27.2 Fine for Breach: If the client violates this provision, the client is obliged to pay a
fine to Perfect Home Spain, equal to three times the gross annual salary of the
employee concerned.
Dispute Resolution and Governing
Law
ARTICLE 28: Dispute decision
28.1 Mediation and arbitration: In the event of a dispute, both parties will first attempt
to resolve the dispute amicably through negotiations and discussions. If this does not
lead to a solution, the dispute can be submitted to a mediator. If mediation is
unsuccessful, the dispute can be submitted to arbitration, where the decision is
binding.
ARTICLE 29: Applicable law
29.1 Dutch law: The agreement and all disputes arising from it are exclusively
governed by Dutch law.
29.2 Competent Court: In the event of a dispute about the interpretation or
implementation of the agreement, only the competent courts in Utrecht have
jurisdiction.
Complaints
ARTICLE 30: Complaints
30.1 Complaints about Invoices: Complaints regarding invoices must be submitted in
writing by the client to Perfect Home Spain within seven (7) days of receipt of the
invoice.
30.2 Complaints about Services: Complaints regarding the execution of the
agreement must be submitted in writing by the client to Perfect Home Spain within
seven (7) days of discovery.
30.3 Loss of Rights in the event of Late Submission: If the complaint is not submitted
on time, all rights of the client with regard to the complaint will lapse.
