Terms and Conditions

General Terms and Conditions – Estagency Marbella SLU

Version: 01-09-2025

Scope: These general terms and conditions apply to all services provided by Estagency Marbella SLU, established in Calle Europa, Benahavis, Spain.

1. Definitions

• Estagency: Estagency Marbella SLU, established in Marbella, Spain.

• Client: any natural or legal person making use of Estagency’s services.

• Services: intermediation in the purchase, sale and rental of real estate, as well as investment advice.

• Agreement: any agreement between Estagency and the Client.

• Commission/Fees: the amounts payable by the Client to Estagency pursuant to the agreement and these terms.

2. Applicability

1. These general terms and conditions apply to all offers, agreements and services of Estagency.

2. Deviations are valid only if confirmed in writing by Estagency.

3. Any general terms and conditions of the Client are expressly rejected.

3. Governing Law and Disputes

1. All agreements are governed exclusively by Spanish law.

2. Parties shall first attempt to resolve disputes amicably.

3. If this is not successful, disputes shall be submitted to mediation or arbitration in Marbella.

4. If no resolution is reached, the courts of Marbella shall have exclusive jurisdiction.

5. For consumers within the EU, the mandatory provisions of their country of residence apply additionally.

4. Services and Responsibilities

1. Estagency provides intermediation in the purchase, sale and rental of real estate and offers investment advice.

2. Estagency does not provide guarantees regarding legal, fiscal or technical aspects. The Client is fully responsible for due diligence.

3. Estagency may recommend third parties (such as notaries, lawyers, banks, surveyors, property managers). The choice and agreement with these parties lies solely with the Client. Estagency accepts no liability for their actions or omissions.

5. Assignment and Duration

1. A sales assignment has a minimum term of six (6) months and will thereafter be tacitly renewed for successive periods of three (3) months, unless terminated in writing with one (1) month’s notice.

2. For purchase intermediation, an exclusive relationship applies from the start of Estagency’s activities: the Client undertakes to work solely through Estagency.

3. If the Client concludes a transaction through another party with a counterparty introduced by Estagency, the Client shall owe Estagency the full commission that would have been payable under a regular transaction.

4. If an assignment is terminated prematurely, the Client remains liable for the commission if the transaction is concluded with a party introduced by Estagency, even if this occurs after termination of the agreement.

5. If the Client breaches the exclusivity obligation, the Client shall, in addition to the commission, immediately owe a non-reducible contractual penalty of twenty percent (20%) of the relevant transaction price, without prejudice to Estagency’s right to claim additional damages.

6. Fees and Payment

1. For sales or purchases, the Client owes Estagency a commission percentage.

2. For rentals, the Client owes a fee equal to one (1) or two (2) months’ rent, as agreed.

3. Payment shall, in principle, be made via the notary or developer. If this is not possible, the Client must pay directly within five (5) days after the payment became due.

4. If a deposit is agreed, activities will only commence after receipt thereof. If Estagency has already started activities, the deposit remains fully due, even if the activities are later terminated.

5. If payment is not made on time, the Client shall be in default by operation of law, without further notice of default being required.

6. From the moment of default, the Client shall owe Estagency:

   a. default interest of one percent (1%) per month (12% per year), or – if higher – the statutory default interest under Spanish law; and

   b. an immediate contractual penalty of ten percent (10%) of the total outstanding amount, without prejudice to Estagency’s right to full compensation for damages.

7. All collection costs, judicial as well as extrajudicial, shall be fully borne by the Client, with a minimum of fifteen percent (15%) of the principal sum.

8. All amounts are exclusive of VAT and any other government levies.

7. Client’s Obligations

1. The Client warrants the accuracy and completeness of all information and documents provided.

2. The Client shall provide all necessary cooperation for the execution of the assignment.

3. The Client remains solely responsible for legal, fiscal and technical checks and shall indemnify Estagency against any claims arising therefrom.

8. Liability

1. Estagency shall only be liable for damage that is the direct and proven result of intent or gross negligence by Estagency.

2. Estagency’s liability shall in all cases be limited to the maximum amount of the commission received by Estagency in the relevant transaction.

3. Estagency shall never be liable for indirect damages, including – but not limited to – consequential damages, loss of profit, exchange rate losses, lost opportunities, or depreciation of real estate.

4. The Client shall fully indemnify Estagency against all claims from third parties, of whatever nature, related to the execution of the agreement, except in cases of intent or gross negligence on the part of Estagency.

5. Estagency shall not be liable for shortcomings of third parties, even if recommended or introduced by Estagency.

9. Force Majeure

1. In the event of force majeure – including but not limited to natural disasters, pandemics, strikes, government measures, war, blockades or other circumstances beyond Estagency’s control – Estagency shall be entitled to suspend or terminate the agreement in whole or in part, without being liable for any compensation.

2. All activities already performed and costs incurred shall remain fully payable by the Client.

10. Intellectual Property

All photos, texts, brochures, advertisements and other materials created or used by Estagency remain the property of Estagency. The Client may not use, reproduce or distribute these without prior written consent from Estagency.

11. Privacy and Data Protection

Estagency processes personal data in accordance with applicable European and Spanish privacy legislation (GDPR). The Client has the right to access, correct and delete his data.

12. Language

These general terms and conditions are available in Dutch and English.

In case of conflicting interpretations, the English version shall prevail.