Terms and conditions

LEGAL NOTICE

Last update: 4 of June 2021

You are reading the English version of the Terms and Conditions. This translation is for information purposes only. The legally binding version that prevails in case of dispute is the original Spanish version of the Terms and Conditions.

1. DEFINITIONS AND IMPLEMENTATION

1.1
The following definitions apply in these terms and conditions:

1.1.1
"SuCasa24" or "SuCasa24.com" is a part of GIC SL located at Avda Ramón y Cajal, Nº22, 1ºA, 29640 Fuengirola, Málaga, España, with company number B93278018, as well as all its affiliated legal entities.

Further referred to in these terms and conditions as "SuCasa24".

1.1.2
SuCasa24 website: The website is the tool that gives access to all information about the services that SuCasa24 has to offer, as well as making use of these services.

1.1.3
Registration / registering: Creating an account through an electronic form on this website.

1.1.4
Parties: On one hand SuCasa24 and on the other hand every visitor of this website, advertisers with a personal account or advertisers with a professional account.

1.1.5
Visitor: Every adult internet user worldwide.

1.1.6
Advertiser with a personal account: Any adult person who wishes to publish properties for sale or rent on SuCasa24 in the countries that SuCasa24 makes available to use its infrastructure.

1.1.7
Professional advertiser: Any natural or legal person of full age who wishes to publish properties for sale or rent from his portfolio or for the benefit of third parties on SuCasa24 in the countries provided by SuCasa24 for the use of its infrastructure.

1.1.8
SuCasa24 Software: After filling in the correct login data, the user enters the SuCasa24 Software and can use its functionalities to manage information and/or properties. The functionalities depend on whether one has a personal account or a professional account.

1.1.9
Agreement: The agreement concluded between the parties as defined in article 1.1.4 and SuCasa24 regarding these terms and conditions and the use of the SuCasa24 Software for the purpose of managing all the actions and transactions related to buying, selling, renting and letting properties.

1.1.10
Objective: SuCasa24 is an open platform that gives individuals and professional companies (in particular estate agents) the opportunity to publish properties for sale and for rent via a personal or professional account and to make them visible via the internet to every adult internet user worldwide, both nationally and internationally, in the language of each country that makes SuCasa24 available to use its infrastructure.
The natural or legal persons who publish properties through the infrastructure of SuCasa24 are further referred to in these terms and conditions as advertisers, advertisers with a personal account or advertisers with a professional account.
Every adult visitor who surfs to SuCasa24.com and is looking for a property to buy or rent can navigate through the website by means of easy-to-use search functions to pages with properties that most closely correspond to his/her wishes and/or needs and then click on a unique page that is provided for each property separately in order to be informed in detail about all the possible characteristics that the property in question represents.
The content of the information is different for each property and strongly depends on what information the advertiser has given when creating his ad, in order to give the visitor a clear picture.
The infrastructure is designed to publish the following types of properties:
Houses, townhouses, apartments, villas, building plots, new development houses, new development townhouses, new development apartments, new development villas, off plan houses, off plan townhouses, off plan apartments and off plan villas.
These types can be defined even more precisely via a menu of subtypes (see advertiser account).
If a visitor is interested in certain properties in their region, nationally or internationally, they can contact the advertiser directly by telephone or e-mail.
SuCasa24 does NOT act as an intermediary in sales or rentals and in no way receives any commission on purchase, sale, rental or renting of properties, every transaction is exclusively between the visitor and the advertiser.

1.1.11
Current countries available for publishing properties: The countries where SuCasa24 currently makes its infrastructure available to advertisers are Belgium, the Netherlands, England, Scotland, Wales, Northern Ireland, Ireland and Spain.

1.1.12
Expansion to other countries: With our current vision, we intend to eventually allow publication of properties in Norway, Sweden, Finland, Denmark, Portugal, Italy, Greece, Germany, Switzerland, Austria, Russia, France, Luxembourg, Bulgaria, Hungary, Croatia, Lithuania, Ukraine, Poland, Romania, Serbia, Slovenia, Slovakia and the Czech Republic, the countries that come first are those for which there is the most demand by our advertisers.
The countries mentioned are part of our marketing strategy to constantly grow and improve SuCasa24, but we do not offer total certainty that they will be opened without any exception, for the countries already in preparation there is no definite date of opening as it depends on various factors such as marketing research, technological progress and the recruitment of qualified staff to monitor all aspects of making the concept work smoothly in each new country that is opened.

1.1.13
Our infrastructure is designed so that every new property, when published, will automatically appear online in every country that SuCasa24's infrastructure makes available to the public, in the language spoken in each country concerned, and a unique URL for each language that SuCasa24 makes available will also be created automatically when publishing every new property.

1.1.14
Current languages available for publication of properties: The languages that SuCasa24 currently makes available to visitors and advertisers are English, Dutch and Spanish.
For Belgium the French and German language is not yet available, there is no answer yet as to when this will be, this depends on the progress and further development of our infrastructure, at each new opening of a new country this country will be published from the first moment in the recognized country language.

1.1.15
Automated translations: No matter how many countries and languages SuCasa24 will make available from any time, the advertiser will only have to create his ad in his own native language, our infrastructure will automatically translate each new property into all available languages when the ad is created, when a new country is opened, not only the new but also all existing properties within SuCasa24 will automatically appear in the language of the newly opened country.
This statement is valid for the whole infrastructure of SuCasa24 with the exception of the description of each property because this is the only information that has to be written manually by the advertiser but it is in principle NOT necessary to make a description per property, the advertiser can check all possible features of the property when creating his ad and that makes descriptions redundant, also the ad page is in that way much more informative and comprehensible for the visitor, no matter what language he speaks.

1.1.16
Exchange rates: SuCasa24 is equipped to publish all prices of properties in the currency of the country where the property is located, a visitor from a country with another currency will also see the price in his own currency, SuCasa24 has through advanced technology access to data provided by the European Central Bank to update the exchange rate, there is an automatic update every 24 hours, in addition to commonly used currencies, the currency of each country that makes SuCasa24 available to place advertisement is present in our structure.

1.1.17
Content: All written texts, images or sound recordings present on this website, including but not limited to photos and videos with or without sound as well as musical works, and other information on which intellectual property rights of SuCasa24 and / or third parties rest.

1.2
These terms and conditions apply to every visitor of this website, to all possible agreements and any other form of use of this website, as well as to all related agreements to be concluded by SuCasa24 with third parties, visitors and advertisers with a personal account or advertisers with a professional account.

1.3
By gaining access to and making use of and / or registering on this website, every third party, every visitor account, every advertiser with a personal account or advertiser with a professional account agrees to the application of these terms and conditions. Registration is only possible after having indicated to be aware of the full content of these terms and conditions and also fully agreeing to the application of these terms and conditions.

2. THE AGREEMENT

2.1
Every adult internet user, including those without a personal account, is entitled to consult the properties and contact the advertiser.
After electronic registration in accordance with the provisions in these terms and conditions, SuCasa24 grants every adult visitor of this website, advertisers with a personal account or advertisers with a professional account access to the software, the functionalities of the software depend on whether the user has a personal account or a professional account.
Visitors with a personal account are entitled to keep their own records of the properties that interest them as the software provided for a personal account allows.
Advertisers with a professional account are entitled to administer their properties and place them online as the software provided for their account allows.

2.2
Account holders are not allowed, except with the express written consent of SuCasa24, to give third parties access to the SuCasa24 software and/or to transfer rights or obligations under the agreement to third parties.

2.3
Without prejudice to the other provisions of these terms and conditions, it is forbidden for third parties to gain access to the software without a single registration and verification, the holders of an account are only allowed to gain access to the SuCasa24 software in the manner prescribed by SuCasa24.

2.4
SuCasa24 constantly strives for improvement and is authorized at all times to implement changes to the layout and / or functionalities of the SuCasa24 software or the SuCasa24 website.

2.5
SuCasa24 reserves the right to change these Terms and Conditions. Any changes are mentioned in the SuCasa24 website. If you continue to use SuCasa24, you agree to the changes. Additional services may be subject to additional conditions.

3. SUCASA24 SOFTWARE

3.1
SuCasa24 will only be used for the purposes described in these Terms and Conditions. Any other use of SuCasa24 is considered a violation of these Terms and Conditions.

3.2
A breach of these Terms and Conditions will result in termination of the agreement and cancellation of the account.

3.3
SuCasa24 is exempt of all liability in the event of system or access problems. However, SuCasa24 will take all necessary steps to avoid and solve these problems.

3.4
All user actions in SuCasa24 are registered. All account holders give SuCasa24 permission to use these registrations for normal business operations or in the event of a dispute.

3.5
All account holders agree not to use external software to access SuCasa24 data.

4. REGISTER

The registration procedure is simple, through the menu REGISTER in the SuCasa24 website you only have to fill in a valid email address, in the applicable account, personal or professional, then you will receive an email message from SuCasa24 with a 4-digit code for verification, this code must be entered in the window that automatically opens in the SuCasa24 website after sending his email address, then you must select the country in which you are located and a password. After that you are logged in.
You must complete the registration procedure without interruption because the 4-digit verification code is only valid for a limited time.
The registration procedure is the same for a personal account and a professional account.

5. LOGIN

The Login procedure is via the LOGIN menu in the SuCasa24 website, one only has to enter the e-mail address used at registration and the password chosen by oneself at registration and the account opens.
The password can be changed at any time within the account, if you have forgotten your password you can retrieve it from the Login page.
The Login procedure is similar for a personal account and a professional account.

6. ACCOUNT REQUIREMENTS

6.1
The personal account: Every visitor can register free of charge and after registration they will be provided with a personal account as described in article 7.

6.2
Professional account: After registration, a proposal to pay a membership fee will be sent to the visitor. After payment of the membership fee, a professional account will be available as described in article 8.

7. PERSONAL ACCOUNT

7.1
A personal account at SuCasa24 is free.
After registration, a personal account is valid for an indefinite period of time.

7.2
Personal data requested for internal administration:
- A telephone number.
- Name and full address of the account administrator responsible.

7.3
The content and possibilities of a personal account:
- The creation of a profile
- Immediate notification by e-mail of new messages received
- Adding properties as favourites in a summary page
- Ticking off favourite properties
- Mobile version
- Access to our helpdesk
- Etc...

With the personal account one can also publish advertisements with properties for rent or for sale, one can manage the properties by using the functionalities below:
- Add properties
- An overview of all properties listed ONLINE or OFFLINE
- Place properties ONLINE or OFFLINE
- Publish properties as PRIME property
- An overview of which properties are PRIME and which are not
- Access to statistics regarding the number of clicks on the telephone number, number of contact forms, number of visits to the property, etc.
- Access to manuals
- Etc...

7.4
The advertiser must have access to all the legal documents required in the country where the transaction takes place, both for rental and for sale before publishing the property on SuCasa24.

7.5
One can place up to 2 advertisements free of charge, regardless of whether the properties in question are offered for rent or for sale in these advertisements.

These ads are valid for 3 months, before the expiry date the advertiser receives a message from SuCasa24 if he wishes to renew these ads, upon confirmation of the advertiser these ads become valid again for 3 months, in case of no reply or no response from the advertiser these properties go offline on the expiry date and these ads disappear from the personal account.
If a property is sold or rented, the advertiser can delete it within his/her account.
After publishing 2 free advertisements, one can, if one wishes, place more advertisements for a monthly fee.
This rule also applies even if the 2 free advertisements have already been deleted from the account, only the first 2 advertisements will be free of charge.

7.6
Prices if a private advertiser wants to place more than 2 advertisements of properties:
20 € 21% VAT included for the period of 1 month per property.

8. PROFESSIONAL ACCOUNT

8.1
Advertisers with a professional account must choose a payment method after registration; there is a possibility of enjoying discounts for advance payment over a longer period.

8.2
Data requested for internal administration:
- A telephone number.
- Name and full address of the company.
- VAT number.

8.3
The contents of a professional account:

Add up to 500 properties for sale and/or rent for 1 fixed amount!

Through a personal dashboard one can manage the staff and the properties via desktop and mobile by using the following functionalities:
- Creating a profile of the account administrator
- Inviting other users with limited or full rights
- Add up to 500 properties
- Place properties ONLINE or OFFLINE
- Publish properties as a PRIME property
- An overview of all properties listed ONLINE or OFFLINE
- An overview of which properties are PRIME and which are not
- Access to statistics regarding the number of clicks on the telephone number, number of contact forms, number of visits to the property, etc.
- Access to manuals
- Access to our helpdesk
- Etc...

8.4
The advertiser must have access to all the legal documents relating to the property required in the country where the transaction takes place, both for rental and sale before publishing the property on SuCasa24.

8.5
Prices.
The prices to publish up to 500 properties are:
Payment per month = 45 €.
Advance payment for 6 months, normally 270 € - 10% discount = 243 €.
Advance payment for 12 months, normally 540 € - 20% discount = 486 €.

9. NO COMPULSORY RENEWALS OR CONTRACTUAL COMMITMENTS

There are no compulsory extensions or contractual commitments to paid advertising, if the advertiser does not wish to renew on the expiry date, the advertisements will automatically cease to appear online from the expiry date, these advertisements will however remain visible in the account, if the advertiser still wishes to publish the advertisement(s) online at a certain time, he can do so by simply making a payment for a new period.
If after the expiry date for a period of 6 months no payment is received, the professional advertiser will receive timely a message from SuCasa24 if he wishes to resume his advertisements, in case of no reply or no response from the advertiser, these properties will go offline exactly 6 months after the last expiry date and the account concerned will be irrevocably deleted.

10. PRIME ADVERTISEMENTS

10.1
All properties are displayed randomly in the overview pages on the SuCasa24 website, so every property appears regularly in these overview pages.
The PRIME advertisements are the advertisements that ALWAYS appear first on these summary pages, these also appear randomly but because the PRIME advertisements always appear first, they are also viewed much more frequently by visitors on the website.

10.2
Prices PRIME ads for a personal account:
20 € 21% VAT included per month per property.

10.3
Prices PRIME advertisements for a professional account:

1 PRIME property
Payment per month = 10 €
Advance payment for 6 months, normally 60 € - 10% discount = 54 €.
Prepayment for 12 months, normally 120 € - 20% discount = 108 €.

Package of 5 PRIME properties
Payment per month = 50 €.
Prepayment for 6 months normally 300 € - 10% discount = 270 €
Prepayment for 12 months, normally 600 € - 20 % discount = 540 €

Package of 10 PRIME properties
Payment per month = 100 €
Prepayment for 6 months, normally 600 € - 10% discount = 540 €
Prepayment for 12 months, normally 1.200 € - 20% discount = 1.280 €.

If an advertiser wants to publish more than 10 PRIME properties per month, he can contact SuCasa24 for a custom quote.

11. GENERAL DEFINITIONS PAID ADVERTISING

11.1
All prices mentioned in these Terms and Conditions, on the SuCasa24 website and in the SuCasa24 software are prices excluding 21% VAT for the professional account.

All prices mentioned in these Terms and Conditions, on the SuCasa24 website and in the SuCasa24 software are prices including 21% VAT for the personal account.

11.2
SuCasa24 reserves the right to change the prices of all its services. The price changes for current contracts shall only enter into force on the next due date. For new advertisers the modified prices shall enter into force immediately.

11.3
Discounts
Discounts may be given by SuCasa24. Discounts cannot be combined with other discounts. The giving of discounts by SuCasa24 does not imply any obligation to give these discounts in the future.

11.4
Payments
Payments are made via the secure online payment platform of MOLLIE B.V. (mollie.com), SuCasa24 does not receive any information about the user's payment options, or via bank transfer.
11.5
Termination of advertising
There are no compulsory renewals or contractual obligations for advertisers, the termination shall be automatic if the advertiser does not pay the next instalment before the expiry date of the current period, if the advertiser wishes immediate termination he can notify SuCasa24 by e-mail: info@SuCasa24.com.
No extra charge shall be made for immediate termination of the account.

11.6
Non payment
Non-payment gives SuCasa24 the right to take offline all the properties present in the advertiser's account with immediate effect.

The advertiser still has 6 months access to SuCasa24 software and can start advertising again at any time by simply paying for the next period, upon payment for the next period all properties previously online shall immediately appear online again.
There is no question of collecting overdue accounts since the advertiser can decide himself when and for what period he wishes to advertise.

SuCasa24 shall not be held responsible for any damage suffered by the advertiser who has not fulfilled his payment obligations.

SuCasa24 can stop or refuse an account without giving any reason.

11.7
Refunds
No refunds or credits shall be made by SuCasa24 once a payment transaction has been completed and access granted, except if the payment was made by mistake.

For advance payments of 6 or 12 months, the advertiser enjoys a loyalty discount of 10 or 20%, if the advertiser decides not to advertise anymore before the expiry date of his purchase, he is not entitled to any refund.

PRIME advertisements can only be placed if the monthly subscription to advertise has been paid, it is possible that PRIME advertisements are purchased while a monthly subscription is running, if there is no renewal of the monthly subscription on the expiry date of the monthly subscription, the right to use PRIME advertisements expires and there is no right for refund for the remaining period that the PRIME advertisements were valid.

There is no refund if the advertiser chooses not to log in or use SuCasa24 during the paid period.

11.8
Invoicing
Advertisers must provide all necessary information for the creation of invoices
Natural persons:
- Name and address

Legal entities:
- Company name, address and VAT number
- Name of the natural person, address and VAT number.
Changes in the invoicing details must be immediately reported to SuCasa24.

SuCasa24 reserves the right to refuse to modify already issued invoices (e.g. other company name, address, etc.).

Invoices are issued by SuCasa24 with every financial transaction.

12. PLACEMENT OF PROPERTIES
12.1
Properties must comply with the following conditions:
- Contain no false information (e.g. false photographs, prices, dimensions, descriptions, features or addresses)
- Have the correct land registry reference number
- Property information should be kept up to date
- Should contain at least 1 photo

12.2
It is prohibited to publish properties and photos of properties with illegally obtained information.

12.3
Every property has the possibility to report if there is an error, which is accessible to every visitor of SuCasa24. Every report of error or abuse will be dealt with by SuCasa24, if SuCasa24 considers the abuse to be effective, SuCasa24 will take the necessary sanctions.

13. XML FEED IMPORT

There is a possibility to import properties through XML for professional accounts.

Procedure for importing properties through XML:
- After creating an account, you can submit your XML feed through your dashboard under "XML Import".
- Our technical department will analyse your XML feed.
- As soon as our technical department informs you that SuCasa24 can incorporate your XML feed, you can activate your account.
- Depending on the type of XML feed, the incorporation of your properties can take from 2-3 days to 1 week due to the quality control which is mainly automatic.
- After your properties are incorporated you also have the possibility to manage them in your Dashboard of SuCasa24.
- After your XML Feed has been imported and your properties are online, you can request an update of your XML through your Dashboard.
- Importing your XML feed is free of charge.

14. LIABILITY AND DISCLAIMER

14.1
Although SuCasa24 strives with the utmost care that the operation of the SuCasa24 website and / or the SuCasa24 software and the related services are optimally cared for and maintained at all times, SuCasa24 ºcannot be held liable for any errors or omissions. SuCasa24 is under no circumstances liable for damage as a result of the SuCasa24 website and / or the SuCasa24 software not working properly, unless this is due to intent and / or deliberate recklessness on the part of SuCasa24.

14.2
SuCasa24 cannot be held liable for damage as a result of the unavailability of the SuCasa24 website and / or the SuCasa24 software or any part thereof.

14.3
SuCasa24 is not liable for damage, resulting from the non-storage or removal of content published by the advertiser on the SuCasa24 software.

14.4
SuCasa24 is not responsible for the content of third-party websites or other sources of information that are referred to through hyperlinks or otherwise or that themselves refer to the website and / or the software and is therefore not liable for damage resulting from the use of these hyperlinks and / or websites.

14.5
The total liability of SuCasa24 for possible damage suffered and / or to be suffered by the advertisers is always limited to compensation for direct damage and to a maximum amount of 100 €. The liability of SuCasa24 for indirect damage, including in any case consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims from buyers of the estate agent, mutilation or loss of data and all other forms of damage than mentioned in the previous sections under Article 15, for whatever reason, is excluded.

14.6
A prerequisite for the existence of any right to compensation is at all times that advertisers must report the damage to SuCasa24 in writing and substantiated with sufficient documentation and adequate evidence as soon as possible after its occurrence. Every claim for compensation against SuCasa24 expires by the mere lapse of 1 month after the claim arose. In addition, in all the cases listed below, there is no right to compensation if the cause of the damage:

a. Is caused by non-compliance with the regulations issued by or on behalf of SuCasa24 to the advertisers
b. consists of mutilation or loss of data
c. is caused by faulty operation of mains voltage, telecommunication or network facilities
d. is otherwise caused by causes not attributable to SuCasa24, including - but not exclusively - changing legislation

15. INFORMATION, CONFIDENTIALITY AND PERSONAL INFORMATION

15.1
An advertiser is not entitled to share internal information from the SuCasa24 software that is partly confidential regarding operation and execution as well as promotion of properties etc. to third parties.

15.2
SuCasa24 will only use the personal data provided by the advertiser to the extent necessary for the performance of its services as contained in these terms and conditions, with due observance of the law on the protection of personal data. The personal data that SuCasa24 requests for the identification of the advertiser and / or its representatives will be used by SuCasa24 solely for the purpose of determining the identity of the providing sole trader or company and will be kept in accordance with the provisions of the law on the protection of personal data.

15.3
SuCasa24 provides appropriate organizational and security measures for the personal data of advertiser, on the understanding that there are measures with regard to registration, account and transaction data, aimed at making that data exclusively accessible in cases where this is required by law or as a result there is a need for these terms and conditions.

15.4
With regards to the use and transaction data and other data provided to SuCasa24, the advertiser also gives its explicit permission to SuCasa24 to use that data for a service or other messages related to the use or operation of the platform or to inform advertisers, through e-mail or otherwise, about the products and services of SuCasa24. Furthermore, SuCasa24 will only provide the personal data of the advertisers to third parties if, and to the extent that, SuCasa24 is obliged to do so by law or a court decision.

16. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

16.1
SuCasa24 has no direct influence on the content or the given opinions and views expressed within ownership pages and can never be held liable for damage caused to property and / or third parties that is the result of content that is displayed in ownership pages within the website. When publishing a property, the intellectual property rights of another person may not be infringed under any circumstances, or in any other way unlawful and / or punishable content may be displayed in a property vis-à-vis third parties. SuCasa24 does not check the content of a property prior to publishing. The advertiser understands that only they are liable for the content of the property and agrees that only they are responsible for the content posted by or on behalf of him / her and for the consequences of placing or publishing it.

16.2
Intellectual property rights of the advertisers and / or its licensors rest on the content of advertisements concerning properties. Intellectual property rights of SuCasa24 and / or its licensors rest on the entire content of the website. Unless otherwise stated, the advertiser is only entitled to view, download and / or print this information for the purpose of considering the placement of a property, and is for any other use, except to the extent a legal exception allowed prior written permission from the advertiser that has published the property and / or requires SuCasa24.

16.3
The advertiser is not permitted to remove or change any designation that refers to the confidential nature of information, designations that refer to copyright, trademarks, trade names or other intellectual or industrial property rights of SuCasa24.

17. GENERAL PROVISIONS

17.1
SuCasa24 has the right, without giving any reason, to refuse a property or an advertiser for use of the SuCasa24 website and / or the SuCasa24 software.

17.2
Despite the fact that SuCasa24 takes the greatest possible care to ensure the accuracy of the SuCasa24 website, SuCasa24 cannot give any guarantees with regards to the accuracy of the information on the SuCasa24 website and / or SuCasa24 software and its suitability for a specific purpose.

17.3
SuCasa24 has the right to change these terms and conditions at any time and, in the event of changes, make a new version of these terms and conditions available on the SuCasa24 website.

17.4
If any provision of these terms and conditions is void or is voided, the remaining provisions of these terms and conditions will remain in full force.

17.5
SuCasa24 is entitled to transfer its rights and obligations under the agreement to a third party in the context of the full or partial transfer of its business activities to that third party, to which the advertisers already cooperates in advance.

17.6
Only the Spanish law applies to the agreement and all related agreements between the parties. All disputes arising from the agreement and all related agreements will be submitted exclusively to the Spanish territorial court in Málaga, which has exclusive jurisdiction, unless another court has jurisdiction under mandatory law.

These terms and conditions are subject to printing errors.

Applicable is the latest version at the time of the conclusion of the agreement.

These terms and conditions were last amended on 4 of June 2021 and are known under "Terms and Conditions"

SuCasa24