General Terms & Conditions

Terms and Conditions of Las Brisas Javea SL

Located at Calle Del Lago Titicaca 30, 03730 Javea (Alicante), Spain

CIF number: B56192123

Las Brisas Javea SL is part of Ryves Management Consultancy BV

Located at Millsebaan 109, 5403AA, Uden, Netherlands, with Chamber of Commerce number 17274920.

Email: hola@lasbrisasjavea.com

Website: www.lasbrisasjavea.com

On this page, you will find the Terms and Conditions of Las Brisas Javea SL. The Terms and Conditions consist of 2 parts:

1. General section applicable to users of this website and services.
2. General rental conditions for tenants, in addition to part 1.

Article 1 – Definitions

Las Brisas Javea SL: Las Brisas Javea SL, located in Javea (Alicante), Spain, with CIF: B56192123 Client: the party with whom Las Brisas Javea SL has entered into an agreement. Parties: Las Brisas Javea SL and Client together. Consumer: a Client who is also an individual acting as a private person.

Article 2 – Applicability

These terms apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Las Brisas Javea SL. Las Brisas Javea SL and the Client can only deviate from these terms if agreed upon in writing. Las Brisas Javea SL and the Client explicitly exclude the applicability of the Client’s general terms and conditions or those of others.

Article 3 – Prices

Las Brisas Javea SL sets prices in euros, including VAT and excluding any additional costs such as administration or travel costs, unless agreed otherwise in writing. Las Brisas Javea SL may always change the prices of its services and products on its website and in other communications. For services, Las Brisas Javea SL and the Client agree on a total amount as a guideline unless agreed otherwise in writing. Las Brisas Javea SL may adjust the prices annually.

Article 4 – Payments and Payment Terms

Las Brisas Javea SL may require a down payment of up to 50% of the agreed amount upon entering into the agreement. The Client must make a payment within 7 days after delivery. The payment terms set by Las Brisas Javea SL are strict deadlines. This means that if the Client does not pay the agreed amount by the last day of the payment term, they are automatically in default without Las Brisas Javea SL needing to send a reminder or notice of default. Las Brisas Javea SL may make a delivery dependent on immediate payment or require a security for the total amount of services or products.

Article 5 – Consequences of Late Payment

If the Client does not pay within the agreed term, Las Brisas Javea SL may charge statutory interest of 2% per month for non-commercial transactions from the day the Client is in default, with a part of a month counted as a full month. If the Client is in default, they must also pay extrajudicial collection costs and any damages to Las Brisas Javea SL. Collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. If the Client does not pay on time, Las Brisas Javea SL may suspend its obligations until the Client has paid. In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the Client, the claims of Las Brisas Javea SL against the Client become immediately due. If the Client refuses to cooperate with the performance of the agreement by Las Brisas Javea SL, they must still pay the agreed price.

Article 6 – Right of Withdrawal

A consumer may cancel an online purchase within 14 days without giving a reason. This right of withdrawal does not apply when:

• the service involves accommodation, travel, restaurant business, transport, catering, or a form of leisure activity
• it is an urgent repair
• the consumer has waived their right of withdrawal
• it is a service that is performed with the Client’s consent within the reflection period, and the Client has explicitly declared to waive their right of withdrawal The reflection period of 14 days in paragraph 1 starts:
• as soon as the consumer has concluded an agreement for the delivery of a service
• as soon as the consumer confirms that they will purchase digital content online The consumer can use their reflection period by sending an email with that subject to hola@lasbrisasjavea.com, possibly using the withdrawal form available on the Las Brisas Javea SL website, www.lasbrisasjavea.com.

Article 7 – Insurance

The Client must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:

• goods delivered that are necessary for the execution of the underlying agreement
• items from Las Brisas Javea SL that are present at the Client’s location
• items delivered under retention of title The Client must provide Las Brisas Javea SL with a copy of these insurance policies upon first request.

Article 8 – Warranty

When the Client and Las Brisas Javea SL have entered into an agreement with a service-oriented nature, it only includes an obligation of effort for Las Brisas Javea SL, not an obligation of result.

Article 9 – Performance of the Agreement

Las Brisas Javea SL performs the agreement to the best of its knowledge and ability and according to the standards of good craftsmanship. Las Brisas Javea SL may have the agreed service performed in whole or in part by others. The execution of the agreement takes place in consultation and after written approval and payment of any advance by the Client. The Client must ensure that Las Brisas Javea SL can start performing the agreement on time. If the Client fails to ensure that Las Brisas Javea SL can start on time, the resulting extra costs are at the Client’s expense.

Article 10 – Information Provided by the Client

The Client must provide all information, data, and documents relevant for the correct execution of the agreement in a timely manner and in the desired form and manner. The Client is responsible for the accuracy and completeness of the provided information, data, and documents, even if they come from third parties, unless otherwise follows from the nature of the agreement. If requested by the Client, Las Brisas Javea SL will return the relevant documents. If the Client does not, does not do so on time, or does not properly provide the information, data, or documents reasonably requested by Las Brisas Javea SL, and this causes delays in the execution of the agreement, the resulting extra costs and additional hours are at the Client’s expense.

Article 11 – Intellectual Property

Las Brisas Javea SL retains all intellectual property rights on all designs, drawings, writings, data carriers, or other information, quotes, images, sketches, models, and prototypes until the Client has fully met all their payment obligations to Las Brisas Javea SL. Until this retention of title is lifted, the Client may not make the intellectual property rights in paragraph 1 available to others, sell, pledge, or use them in any other way without the prior written consent of Las Brisas Javea SL.

Article 14 – Indemnification

The Client indemnifies Las Brisas Javea SL against all claims from third parties related to the products and/or services provided by Las Brisas Javea SL.

Article 15 – Complaints

The Client must inspect a product delivered or service provided by Las Brisas Javea SL as soon as possible for any deficiencies. If a delivered product or service does not meet what the Client could reasonably expect, the Client must inform Las Brisas Javea SL within 14 days of discovering the deficiency. A consumer must notify Las Brisas Javea SL within 2 weeks of discovering the deficiency. The Client must provide as detailed a description of the deficiency as possible, so Las Brisas Javea SL can respond appropriately. The Client must demonstrate that the complaint relates to an agreement between the Client and Las Brisas Javea SL. When a complaint concerns ongoing work, the Client cannot demand that Las Brisas Javea SL perform other work than agreed.

Article 16 – Notice of Default

The Client must make any notice of default in writing to Las Brisas Javea SL. The Client is responsible for ensuring that their notice of default reaches Las Brisas Javea SL in a timely manner.

Article 17 – Liability of Client

When Las Brisas Javea SL enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the terms of that agreement.

Article 18 – Liability of Las Brisas Javea SL

Las Brisas Javea SL is only liable for damage suffered by the Client when the damage is caused by intent or gross negligence. When Las Brisas Javea SL is liable for damage, it is only for direct damage related to the performance of an underlying agreement. Las Brisas Javea SL is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties. When Las Brisas Javea SL is liable, this liability is limited to the amount paid out by a (professional) liability insurance. If no insurance is in place or no damage amount is paid out, the liability is limited to the (part of the) invoice amount related to the liability. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.

Article 19 – Limitation Period

Any right of the Client to compensation from Las Brisas Javea SL expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 Dutch Civil Code.

Article 20 – Termination

The Client may cancel the agreement when Las Brisas Javea SL fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance. If the performance of the obligations by Las Brisas Javea SL is still possible, termination can only take place after Las Brisas Javea SL is in default. Las Brisas Javea SL may cancel the agreement with the Client if the Client fails to meet their obligations under the agreement in full or on time, or if Las Brisas Javea SL becomes aware of circumstances giving it good reason to believe that the Client will not meet their obligations.

Article 21 – Force Majeure

In addition to Article 6:75 Dutch Civil Code, a shortcoming of Las Brisas Javea SL cannot be attributed to Las Brisas Javea SL if it is a case of force majeure. Force majeure situations in paragraph 1 include:

• an emergency such as civil war or natural disaster
• default or force majeure of suppliers, delivery services, or others
• power, electricity, internet, computer, or telecom failures
• computer viruses
• strikes
• government measures
• transport problems
• adverse weather conditions
• work interruptions If a force majeure situation occurs that prevents Las Brisas Javea SL from fulfilling one or more obligations to the Client, those obligations are suspended until Las Brisas Javea SL can fulfill them. From the moment a force majeure situation has lasted at least 30 calendar days, both the Client and Las Brisas Javea SL may terminate the agreement in whole or in part in writing. Las Brisas Javea SL does not have to pay compensation to the Client in a force majeure situation, even if Las Brisas Javea SL benefits from it.

Article 22 – Modification of Agreement

When it is necessary for the execution of an agreement to amend it, the Client and Las Brisas Javea SL may modify the agreement.

Article 23 – Amendment of General Terms and Conditions

Las Brisas Javea SL may amend these general terms and conditions. Las Brisas Javea SL may always make changes of a minor nature. Substantial changes will be discussed with the Client as much as possible in advance. A consumer may terminate the underlying agreement in the event of a substantial change to the general terms and conditions.

Article 24 – Transfer of Rights

The Client cannot transfer rights from an agreement with Las Brisas Javea SL to others without the written consent of Las Brisas Javea SL. This provision applies as a condition with property law effect as described in Article 3:83 paragraph 2 Dutch Civil Code.

Article 25 – Consequences of Nullity or Annulment

When one or more provisions of these general terms and conditions are found to be null and void or annulled, this does not affect the remaining provisions of these terms. A provision that is null and void or annulled will be replaced by a provision that most closely reflects what Las Brisas Javea SL had in mind when drawing up the terms.

Article 26 – Applicable Law and Competent Court

Dutch law applies to these general terms and conditions and any underlying agreement between the Client and Las Brisas Javea SL. The court in the district where Las Brisas Javea SL is located has exclusive jurisdiction to hear any disputes between the Client and Las Brisas Javea SL, unless the law prescribes otherwise.

Drawn up on March 11, 2024.