LEGAL

GENERAL TERMS AND CONDITIONS

Article 1 – Application
These General Terms and Conditions apply to all quotations, agreements and services provided by Casa Keys and Care (“CKC”) to the property owner or other contracting party (“Client”). Any written Service Agreement and Mandate and Authority Arrangement form part of the contractual relationship. In case of conflict, specifically agreed written terms shall prevail.

Article 2 – Services
CKC provides property management and related services, including key holding, property inspections, check-in and check-out, cleaning coordination, maintenance coordination, access for contractors and emergency assistance. The exact services are those agreed with the Client.
CKC performs its services on a best-efforts basis and does not guarantee any particular result or the prevention of damage, defects, burglary, leaks or other incidents.

Article 3 – Client Responsibilities
The Client shall provide accurate and complete information and all keys, access codes, instructions and authorisations reasonably required to perform the services.
The Client remains responsible for the property, its legal compliance, permits, taxes, insurance, safety requirements and, where applicable, rental obligations.

Article 4 – Access and Key Holding
The Client authorises CKC to access the property when reasonably necessary to perform the agreed services.
Keys, access devices and security information will be handled with reasonable care and confidentiality. CKC shall not provide access to third parties unless this is necessary for the agreed services, authorised by the Client or reasonably required in an emergency.

Article 5 – Property Inspections
Inspections are visual checks of reasonably accessible areas and are not technical, structural, security or building inspections.
CKC cannot guarantee that every defect, leak, malfunction, pest problem or other issue will be detected during an inspection.

Article 6 – Check-in, Check-out and Guests
Where agreed, CKC may provide access to guests and perform check-in or check-out services.
The Client remains responsible for guests, tenants, bookings, rental agreements and compliance with applicable rental and registration requirements unless expressly agreed otherwise in writing.

Article 7 – Cleaning
Where CKC coordinates cleaning, the cleaning may be performed by an independent third party.
CKC will use reasonable care in selecting and coordinating service providers but does not guarantee their performance. Complaints should be reported as soon as reasonably possible.

Article 8 – Maintenance and Contractors
CKC may coordinate maintenance, repairs and other work at the Client’s request.
Unless expressly agreed otherwise, contractors, technicians and suppliers operate independently and their invoices and work remain the responsibility of the Client. CKC is not liable for their acts, omissions, delays or workmanship unless damage results directly from CKC’s own attributable failure.

Article 9 – Emergencies
In an emergency involving an immediate risk to persons, animals or property, CKC may take reasonable measures to prevent or limit damage where prior approval cannot reasonably be obtained.
Reasonable third-party and material costs incurred as a result shall be payable by the Client unless the emergency was directly caused by an attributable failure of CKC.

Article 10 – Authority
CKC acts as an independent service provider and is not the Client’s legal representative.
CKC may only enter into agreements, incur expenditure or make commitments on behalf of the Client where expressly authorised in writing or permitted under the agreed Mandate and Authority Arrangement, except for reasonable emergency measures under Article 9.

Article 11 – Prices and Additional Services
Prices are stated in the Service Agreement, quotation or current price list and are exclusive of applicable taxes unless stated otherwise.
Services outside the agreed package, additional visits, waiting time, emergency interventions and third-party costs may be charged separately at the applicable rates.
CKC may revise its rates upon reasonable prior notice, subject to applicable law and existing contractual arrangements.

Article 12 – Invoicing and Payment
Invoices are payable within the payment period stated on the invoice or in the Service Agreement.
CKC may request advance payment or reimbursement of third-party expenses. In case of overdue payment, CKC may charge interest and reasonable collection costs as permitted by law and may suspend non-emergency services until outstanding amounts are paid.

Article 13 – Liability
CKC shall perform its services with reasonable professional care.
To the extent permitted by law, CKC is liable only for direct damage resulting from an attributable failure by CKC. CKC is not liable for indirect or consequential loss, loss of rental income, lost bookings or loss of profit.
Where legally permitted, liability shall be limited to the amount paid under CKC’s applicable liability insurance or, if no insurance payment is made, the fees paid by the Client to CKC for the relevant services during the three months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Article 14 – Third Parties and External Events
CKC is not responsible for damage or loss caused by guests, tenants, contractors, cleaners, suppliers, utility companies, neighbours or other independent third parties, except where CKC itself has acted negligently in performing its agreed duties.
CKC cannot guarantee prevention of theft, burglary, vandalism, weather damage, utility failures or similar external events.

Article 15 – Insurance and Damage Prevention
The Client is responsible for maintaining adequate property and liability insurance and for keeping the property reasonably safe and maintained.
The Client shall take reasonable measures to prevent or limit damage and shall inform CKC of relevant risks, defects or circumstances affecting the property.

Article 16 – Force Majeure
CKC shall not be liable for failure or delay caused by circumstances reasonably beyond its control, including severe weather, natural disasters, utility or telecommunications failures, strikes, government measures, emergencies or unavailability of third-party services.
CKC will resume the affected services as soon as reasonably practicable.

Article 17 – Duration, Suspension and Termination
The Agreement continues for the period agreed between the parties. If no fixed term is agreed, it continues until terminated in accordance with the Service Agreement or applicable law.
CKC may suspend or terminate services where the Client fails to pay, fails to provide necessary cooperation or access, creates an unsafe situation, requests unlawful activities or otherwise seriously breaches the Agreement.
Upon termination, outstanding fees and costs remain payable and keys and relevant property belonging to the Client will be returned or transferred as reasonably agreed.

Article 18 – Confidentiality and Privacy
CKC shall treat keys, access codes, personal information and other confidential information with reasonable care and shall use such information only where necessary to provide the services or comply with legal obligations.
Personal data will be processed in accordance with applicable data-protection legislation and CKC’s Privacy Policy.

Article 19 – Amendments and Severability
CKC may amend these Terms where reasonably necessary due to changes in law, services or business operations. Material changes affecting an ongoing agreement will be communicated to the Client in advance where required by law.
If any provision is invalid or unenforceable, the remaining provisions shall remain in effect.

Article 20 – Governing Law and Disputes
The Agreement and these General Terms and Conditions are governed by Spanish law.
Any dispute shall be submitted to the competent court determined under applicable Spanish and European law. Nothing in these Terms restricts any mandatory rights or jurisdiction protections available to a Client acting as a consumer.

Casa Keys and Care
Property Management – Costa del Sol
www.casakeysandcare.com
info@casakeysandcare.com
These General Terms and Conditions should be read together with the applicable Service Agreement, Privacy Policy and, where applicable, the Mandate and Authority Arrangement.