Terms Of Use

Last updated: 28.12.2023

Casateka.es is a mortgage & advisory company, our aim is to ensure our customers buying property in Spain get the best possible financial terms on their mortgage and are protected and informed for the purchase of their property.

We aim to ensure that our services and customer support is clear and transparent, to ensure you can have complete faith in our company, the team and the services we offer.

Casateka is a Spanish limited company with the registered company number (CIF) B93533644

We act in the best interests of the customer relating to the purchase of a property in Spain.

We will endeavor to provide you the Client with a high level of service from start to finish and aim to respond to all questions and requests in a timely and efficient manner.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

About our mortgage service

Casateka.es acts as an independent mortgage broker. The products we source are at the request of our customers and are based on financial information our customer provides us.

Every mortgage issued in Spain is subject to Ley 5/2019, de 15 de marzo, reguladora de los contratos de crédito inmobiliario you can view the official legislation here.

The financial information provided to us by the customer should be:

• Clearly readable, correctly named to reflect the contents and without password protection.
• It is the client’s responsibility to ensure the information contained within the documentation is from an official source and not falsified in any way.
• Where possible be in English or Spanish, other languages are accepted however the customer may need to provide translations, we will inform you if this is the case.
• If the customer presents information on a second applicant it is assumed they have prior authorisation to share this information.

The customer understands and agrees that any offer issued directly from a Spanish bank or through any intermediary is in principle and subject to:

• An official valuation, if this valuation highlights any legal issues with the property then the bank may not lend on that specific property.
• Signing all relevant contracts with the bank and agreeing to the terms of the mortgage. If the customer does not sign the relevant contracts or agree to the terms of the mortgage then the bank will not issue the mortgage.
• Further investigation by the bank’s internal risk team, in the event the bank deems it necessary. If the customer does not comply with the requests this may affect the offer.
• If the customer has undisclosed debts, unpaid debts or sanctions against them, this may affect the offer.
• The customer’s financial situation does not change, if during the process the customer loses their job, takes out a loan or changes their debt profile in any way then this may affect the offer.
• A change in mortgage legislation, bank policy or a change in rules from the European central bank.

The customer understands that Casateka is not the financial institution, we have no control over the level of service and support they provide, but in its role as intermediary, we will ensure the customer is kept up to date throughout the process.

It is the customer’s responsibility to pay for the valuation of the property unless otherwise stated by the lender. The customer understands that Casateka has no influence over the valuation, it is conducted by a 3rd party.

The customer understands if the official value of the property is lower than the asking price, that the LTV of the loan will be based on the value rather than the purchase price. The customer also understands if the property values are lower than the asking price, that the customer will need extra funds to compensate and that it is their responsibility to fund this.

If the customer is required to sign any documentation with the lender, but cannot do so then one of the Casateka team can sign on your behalf, but only with express permission by you and with official authorisation given by power of attorney.

If the customer earns income in a currency other than Euros, then they accept that there may be fluctuations in the currency markets, and it is their responsibility to ensure they have sufficient funds to complete the purchase.

If the customer requests or has an offer pending by any financial institution or broker in Spain, then it is the customer’s obligation to inform Casateka. If the customer does not inform Casateka, then by submitting a duplicate file to a financial institution this may affect the original offer, as well as waste time. We urge you to be transparent, to ensure we can provide you with the best service.

The customer understands that the bank, their lawyer and the seller's party have ultimate control over the purchase timeline. If the customer requires the purchase to happen within a restricted timeline they need to communicate this to their legal representative.

The customer understands that any deposit must come from savings or inheritance. It cannot come from any type of loan or by releasing equity from another property and must adhere to Spanish money laundering legislation click here

La Ficha Europea de Información Normalizada (FEIN) & La Ficha de Advertencias Estandarizadas (FiAE). These are documents that the bank must produce and make available to the customer 10 days prior to the purchase date. The customer or an official representative must then visit the notary and sign both documents. Once signed the bank is under obligation by law to issue the loan, until these documents are signed the customer understands that the bank may not issue the loan.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.

Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that the Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

Cookies and Web Beacons. Like any other website, Casateka uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of the third-party vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners. Some of the advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Google
https://policies.google.com/technologies/ads

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these

Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.

Contact Information

Address:

Callejones del Perchel, 8, 29002 Málaga, Spain

Email: [email protected]