Terms and Conditions Policy
Effective date: 12 August 2025
Owner / Service Provider: Caroline Bjälstam – Villas al Sol (“Villas al Sol“)
Tax ID: X7761025C
Registered address: Carrer Riu Duero 4, 03580 L’Alfàs del Pi, Alicante, Spain
Email: info@villasalsol.com
Phone: +34 618 069 690
Professional credentials
API nº 1197 · RAICV 0122 (Valencian Registry of Real Estate Intermediaries) · Member, COAPI Alicante.
Professional liability insurance in force (details available on request).
These T&Cs govern the provision of buyer-representation and related property advisory services by Villas al Sol. They complement the Website Legal Notice & Terms of Use, the Privacy Policy, the Cookies Policy, and the Service and Fee Policy (last updated 06 June 2025).
1. Definitions
Client: the natural or legal person (typically a buyer) who engages Villas al Sol.
Services: buyer representation and advisory services described in these T&Cs and/or a signed Service Order (“Order“).
Property/ies: real estate located in Spain presented by Villas al Sol or identified by the Client.
Collaborators: listing agents, developers, property owners, and other third parties with whom Villas al Sol may cooperate.
Consumer: a Client acting for purposes outside their trade, business or profession (Spanish Royal Legislative Decree 1/2007—TRLGDCU). Service and Fee Policy: Villas al Sol’s Service and Fee Policy (last updated 06 June 2025), incorporated by reference into these T&Cs.
2. Scope of Services
2.1 Buyer-only representation. Villas al Sol acts exclusively for the Client as buyer. Villas al Sol is not the seller and does not own or develop the Properties presented.
2.2 Typical Services (non-exhaustive):
- Understanding search criteria, budget and timelines.
- Curating property shortlists from market listings and Collaborators.
- Coordinating and attending viewings (in person or virtual).
- Indicative market insight and price positioning.
- Liaison with Collaborators and tracking next steps.
- Offer strategy and negotiation support as instructed by the Client.
- Coordination with independent third‑party professionals (lawyers, tax advisors, surveyors/valuers, mortgage brokers, insurers, currency specialists, notaries), chosen by the Client.
- Practical assistance with visits and logistics (subject to availability).
2.3 What is not included. Villas al Sol does not provide legal, tax, architectural or engineering services and does not hold itself out as a law firm or regulated financial advisor. Villas al Sol does not guarantee the suitability, legality, condition or value of Properties. All due diligence and final decisions rest with the Client and their independent advisors.
2.4 Client money. Villas al Sol does not hold client funds or deposits. Any reservation or purchase monies are paid directly by the Client to the relevant seller, developer, notary or escrow as advised by the Client’s independent lawyer.
3. Information Sources and Accuracy
3.1 Property particulars, plans, areas, licenses, photos and availability often originate from Collaborators or sellers and are for guidance only. They may change or be withdrawn without notice.
3.2 Villas al Sol will act in good faith to relay information received but cannot warrant its accuracy or completeness. The Client must verify all material aspects (including title, charges, planning, habitability, measurements, community fees, utilities, taxes).
3.3 Viewings are subject to the Property’s availability and the Collaborator’s confirmation.
4. Client Obligations
The Client agrees to: (a) provide truthful, up-to-date information; (b) cooperate reasonably in scheduling viewings; (c) maintain confidentiality of non‑public information supplied; (d) avoid any conduct that would unlawfully interfere with Villas al Sol’s collaborations or commissions payable by third parties; and (e) comply with applicable AML/KYC checks when required by law or by third parties involved in the transaction.
5. Service & Fees (Alignment with Service and Fee Policy – 06 June 2025)
5.1 No fee to the Client (standard service). Villas al Sol’s buyer‑representation service is commission‑free to the Client. Villas al Sol does not charge the Client any upfront, fixed or hidden fees, and the Client owes nothing if they do not proceed to purchase.
5.2 Source of remuneration. Villas al Sol may be remunerated by the seller or share a commission with the listing agency under cooperation agreements, and only when a property sale completes. Villas al Sol will not invoice the Client for such commission.
5.3 Optional paid services (if any). If the Client requests premium or bespoke services (e.g., exclusive property search mandate, relocation concierge, project management, specialist reports), these will be defined in a written Order, including scope, fees (plus VAT/IVA if applicable), billing schedule and cancellation terms.
5.4 Third‑party costs. The Client is responsible for all third‑party costs related to the transaction, such as: independent legal/tax advice, translations, survey/valuation, mortgage and bank fees, notarial/registry fees, taxes (ITP/IVA/AJD), insurance, utilities’ setup, community certificates, and travel/accommodation.
5.5 Invoicing and VAT. Where fees are due from the Client under an Order, Villas al Sol will issue invoices in EUR. Spanish VAT/IVA will apply where required by law.
5.6 Circumvention. The Client shall not deliberately circumvent introductions made by Villas al Sol to deprive it of commissions from Collaborators. This clause does not impose any fee on the Client unless expressly agreed in an Order.
5.7 Commitment to proceed (no fee obligation). In line with the Service and Fee Policy, a Client’s verbal confirmation or instruction to arrange viewings constitutes a commitment to proceed with Villas al Sol as buyer’s representative on a no‑fee basis. This does not create any fee liability for the Client and may be withdrawn in accordance with clause 6 (Consumers) or clause 7 (termination).
6. Distance / Off‑Premises Contracts and Right of Withdrawal (Consumers)
Distance / Off‑Premises Contracts and Right of Withdrawal (Consumers) 6.1 If the Client is a Consumer and the Order is concluded online, by email/phone or off‑premises, the Client has the statutory right to withdraw within 14 calendar days without giving any reason, by notifying Villas al Sol at the contact details above.
6.2 Service start during the withdrawal period. At the Client’s express request, Villas al Sol may begin Services before the end of the 14‑day period (e.g., scheduling/attending viewings). If the Order includes Client‑payable fees, the Client shall pay the proportionate amount for Services provided up to withdrawal.
6.3 Exceptions. The withdrawal right does not apply once the Services have been fully performed with the Client’s prior express consent and acknowledgment of loss of the right upon full performance (TRLGDCU art. 103.a).
6.4 Standard service with no Client fee. Where no fee is payable by the Client, withdrawal produces no payment obligation, without prejudice to clauses on confidentiality and use of information.
7. Duration and Termination
7.1 These T&Cs apply from acceptance and remain in force until the Services finish or are terminated. Any Order may specify a fixed or renewable term.
7.2 Either party may terminate on written notice at any time, without affecting accrued rights or obligations.
7.3 Villas al Sol may suspend or terminate Services for material breach, illegality, or failure to cooperate (including AML/KYC issues).
7.4 Upon termination, Villas al Sol may inform Collaborators to prevent misuse of introductions. Termination does not affect the Client’s obligations to third parties or the provisions intended to survive (e.g., confidentiality, liability, law and jurisdiction).
8. Viewings and Conduct On‑Site
8.1 The Client must follow reasonable safety and access rules set by owners or Collaborators. Children must be supervised at all times.
8.2 Video/photography during viewings may be restricted by owners; where permitted, the Client must respect privacy laws and not publish images without consent.
8.3 Owners may require identification prior to a viewing.
9. Independence of Advice; No Legal or Tax Advice
9.1 Villas al Sol’s role is advisory and coordinative. Any market commentary or pricing view is non‑binding and not a valuation or legal/tax advice.
9.2 The Client should appoint an independent Spanish property lawyer and tax advisor to carry out due diligence (title, charges, urban planning, occupancy, utilities, building condition, community rules, taxes and costs).
9.3 Mortgage/finance advice must be obtained from authorised entities; Villas al Sol is not a credit intermediary.
10. Liability and Indemnities
10.1 Villas al Sol acts with reasonable skill and care. However, Villas al Sol is not liable for: (a) inaccuracies or omissions in third‑party information; (b) withdrawal, price change or unavailability of Properties; (c) decisions made by the Client or third parties; (d) indirect or consequential losses; or (e) force majeure events.
10.2 Nothing in these T&Cs limits liability that cannot be excluded under applicable law (e.g., wilful misconduct, gross negligence, death or personal injury caused by negligence).
10.3 If Villas al Sol holds professional liability insurance, recovery (if any) shall not exceed the policy limits.
11. Personal Data
Processing of personal data is governed by the Privacy Policy available on the Website. The Client undertakes to provide accurate data and to inform Villas al Sol of any changes.
12. Confidentiality
Both parties shall keep confidential any non‑public information received in connection with the Services, using it solely for the intended purpose, save where disclosure is required by law or with prior written consent.
13. Anti‑Money Laundering (AML), Anti‑Bribery and Sanctions
The Client agrees to cooperate with AML/KYC checks reasonably requested by Villas al Sol or third parties involved in the transaction and to refrain from any conduct that could constitute bribery or sanctions evasion.
14. Intellectual Property (Website and Materials)
All content on the Website and materials provided by Villas al Sol are protected by intellectual property rights. The Client receives a limited personal licence to use materials for the purpose of the Services and may not reproduce or distribute them without permission.
15. Complaints and ADR
15.1 Villas al Sol makes official Consumer Complaint Forms (Hojas de Reclamaciones) available at its address and by electronic means upon request.
15.2 The Client may also use the EU Online Dispute Resolution (ODR) platform for consumer disputes: https://ec.europa.eu/odr .
16. Governing Law and Jurisdiction
16.1 These T&Cs and any Order are governed by Spanish law.
16.2 Consumers: disputes shall be submitted to the courts of the Consumer’s domicile.
16.3 Non‑consumers (B2B): disputes shall be submitted to the Courts and Tribunals of Benidorm (Alicante).
This clause does not affect mandatory consumer protections.
17. Changes to These T&Cs
Villas al Sol may update these T&Cs when necessary. The version and effective date appear at the top. Substantive changes to an ongoing Order will be communicated to the Client for acceptance.
18. Electronic Acceptance
The Client may accept these T&Cs and any Order electronically (including tick‑box, email confirmation, e‑signature or click‑wrap). Electronic copies shall be admissible as evidence.
19. Introductions & Tail Period
19.1 Villas al Sol’s introductions (including property addresses, listing links, owner/agent details and viewing arrangements) are confidential and provided solely for the purpose of the Services.
19.2 For 12 months from an introduction, the Client agrees to name Villas al Sol as the introducing/representing agent in any enquiry, offer or negotiation regarding that Property and to route communications through Villas al Sol (or keep Villas al Sol copied).
19.3 This clause seeks to protect legitimate commissions payable by sellers/Collaborators and does not impose any fee on the Client under the standard no‑fee service unless expressly agreed in a paid Order.
20. Exclusivity (Optional)
20.1 If the parties sign an Exclusive Search Mandate (Order), the Client will refrain from engaging other search agents for the same brief during the mandate term.
20.2 The Order will set scope, fees (if any), duration, renewal, early termination and any success/retainer components.
21. Conflicts of Interest & Dual Agency
21.1 Villas al Sol acts for the buyer. If a potential conflict arises (e.g., a Collaborator proposes dual agency), Villas al Sol will disclose the situation and proceed only with the Client’s informed instructions, or decline if impartiality cannot be maintained.
22. Notices
22.1 Formal notices under these T&Cs and any Order may be served by email to the contacts stated above or later notified in writing, and shall be deemed received on the next business day after sending, absent bounce‑back.
22.2 The parties must keep their contact details up to date.
23. Subcontracting & Assignment
23.1 Villas al Sol may subcontract parts of the Services (e.g., viewings coordination) while remaining responsible for overall delivery.
23.2 Neither party may assign or transfer its rights or obligations without the other party’s consent, except that Villas al Sol may assign to a successor entity in connection with a business transfer, with notice to the Client.
24. Severability
If any provision is found invalid or unenforceable, the remainder will remain in full force and effect, and the invalid provision shall be replaced by one that most closely reflects the original intent and is enforceable.
25. No Waiver
A failure or delay to exercise any right does not operate as a waiver of that right.
26. Entire Agreement
These T&Cs together with any Order constitute the entire agreement regarding the Services and supersede prior discussions and understandings on the same subject, except where the law imposes mandatory terms for consumers.
27. Language
If these T&Cs are published in multiple languages, the Spanish version shall prevail in case of discrepancy. Translations are for convenience only.
28. Versioning
These T&Cs carry the effective date at the top. Historical versions may be provided on request.
