ONLINE PRE-RESERVATION TERMS AND CONDITIONS
PROMOCIONES HABITAT, S.A.U.
These terms and conditions (the "Terms and Conditions") are intended to regulate the procedure provided by PROMOCIONES HABITAT, S.A.U. ("Habitat Inmobiliaria") for the online pre-reservation (the "Online Pre-Reservation") via the website and the tools enabled for such purpose (the "Online Platform") of certain property units belonging to developments developed by Habitat Inmobiliaria.
Habitat Inmobiliaria reserves the right to construe the Terms and Conditions. Making an Online Pre-Reservation via the Online Platform involves acceptance of the Terms and Conditions, as well as express submission to the interpretative decisions thereof adopted by Habitat Inmobiliaria. Habitat Inmobiliaria may at any time terminate the arrangements made for the Online Pre-Reservation marketing, without prejudice to the processing of those Online Pre-Reservations made during the period when the Terms and Conditions are in force.
Online Pre-Reservation Requirements
Individuals making use of such marketing arrangements (the "Interested Parties") must comply with all of the following conditions at the time of making the Online Pre-Reservation request:
(i) That the Interested Parties select a property unit from among those expressly subject by Habitat Inmobiliaria to these marketing arrangements. Each Interested Party may only make one Online Pre-Reservation with respect to a property unit. Notwithstanding the foregoing, the property units made available for Online Pre-Reservation may be commercially linked to certain parking space(s) and/or storage room(s), in which case they must be the joint subject of the Online Pre-Reservation. In the event that said link exists, this shall be indicated on the Online Platform.
(ii) That the Interested Parties make the Online Pre-Reservation request in their own name. No requests made on behalf or in the interests of third parties other than the Interested Parties shall be accepted.
(iii) That the Interested Parties fill in their personal data in the form provided by Habitat Inmobiliaria for the smooth processing and management of the Online Pre-Reservation.
(iv) That the Interested Parties make a single payment of FIVE HUNDRED EUROS (€500) in favour of Habitat Inmobiliaria (the "Fee") via the electronic means of payment available from time to time at the Online Platform.
(v) That the Interested Parties have no previous Online Pre-Reservation in force at the time of making a new Online Pre-Reservation. Only one valid Online Pre-Reservation shall be accepted for each Interested Party. Notwithstanding the foregoing, once an Online Pre-Reservation has been terminated, Interested Parties may make another Online Pre-Reservation on the Property Platform. An Online Pre-Reservation shall be deemed terminated when the relevant reservation agreement is executed or, failing that, when the Pre-Reservation Period ends (as defined below).
Payment of the Fee shall be subject to the terms and conditions established by each of the vendors designated by Habitat Inmobiliaria to provide the online payment service. The integrity of the electronic payment service shall be the exclusive responsibility of said vendors. Once the Fee payment has been made, Habitat Inmobiliaria shall always and in all cases send the Interested Parties an automated email confirming receipt of the Fee payment. The Online Pre-Reservation shall not be understood as made until the Interested Parties receive the aforementioned confirmation email. In the event that the Interested Parties have paid the Fee but have not received said confirmation email in the following 24 hours, they must report this to Habitat Inmobiliaria by emailing us at email@example.com.
Validity and effects of the Online Pre-Reservation
Once all the Online Pre-Reservation requirements have been met, Habitat Inmobiliaria guarantees the Interested Parties the exclusive availability of the units that are the subject of said Online Pre-Reservation for a period of 7 calendar days, for the price detailed on the Online Platform (the "Pre-Reservation Period").
Within the Pre-Reservation Period, the Interested Parties must execute a reservation agreement with Habitat Inmobiliaria in relation to the property units that are the subject of the Online Pre-Reservation. For this purpose, Habitat Inmobiliaria shall make available to the Interested Parties, via the sales representative responsible for managing the Online Pre-Reservation of said development, a draft copy of the reservation agreement during the Pre-Reservation Period, which shall detail the applicable terms and conditions. The execution of said reservation agreement shall be subject to the following conditions:
(i) The Interested Parties must have previously provided Habitat Inmobiliaria with their national identity document, passport or foreign identification number in force, and must have previously completed the 'Know Your Client' form provided by Habitat Inmobiliaria. Habitat Inmobiliaria may request additional documentation, if deemed necessary, for the purposes of carrying out due control in terms of prevention of money laundering and financing of terrorism.
(ii) The Interested Parties must execute the reservation agreement corresponding to the property units that are the subject of the Pre-Reservation via any of the channels made available by Habitat Inmobiliaria to its clients (in-person signature at the point of sale or electronic signature). The Interested Parties must duly prove their identity by means of a national identity document, passport or foreign identification number in force and must follow the instructions indicated by Habitat Inmobiliaria for the execution of the agreement.
(iii) The Interested Parties must pay THREE THOUSAND EUROS (€3,000) to Habitat Inmobiliaria—or, where appropriate, a lower amount if this is expressly provided for the development that is the subject of the Online Pre-Reservation—by bank transfer. Payment shall be deemed as earnest money for the reserved property units, and shall be subject to the terms and conditions established in the reservation agreement.
Taking account of the circumstances of each case, Habitat Inmobiliaria may unilaterally extend the Pre-Reservation Period, if it so deems necessary. For the avoidance of doubt, the Interested Parties shall have no right to claim said extension of the Pre-Reservation Period, since this is a power exclusive to Habitat Inmobiliaria.
Once the reservation agreement has been executed, Habitat Inmobiliaria shall return the Fee to the Interested Parties, unless both parties agree to its offsetting against the amounts to be paid by the Interested Parties upon signing the reservation agreement.
Should the Interested Parties not sign the reservation agreement before the end of the Pre-Reservation Period, the Online Pre-Reservation shall be automatically cancelled and rendered void. In such case, Habitat Inmobiliaria reserves the right to retain the Fee paid by the Interested Parties as expenses for the blocking of the property units that are the subject of the Online Pre-Reservation during the Pre-Reservation Period.
Any personal data provided by the Interested Parties and/or personal data arising from the processing of the Online Pre-Reservation shall be processed by Habitat Inmobiliaria in order to: (i) manage the relationship created by virtue of the Online Pre-Reservation, (ii) comply with the legal obligations, and (iii) send the Interested Parties marketing communications of Habitat Inmobiliaria's own products or products of Habitat Inmobiliaria's third-party collaborators, provided that they have given their consent for that purpose on the Online Platform.
Likewise, it is noted that the aforementioned personal data shall be kept while the contractual relationship remains in force and, subsequently, during the relevant legal period. The sending of marketing communications shall continue as long as the previously granted consent is not withdrawn.
In order to exercise their rights of access, rectification, deletion, opposition, limitation of processing, portability and to be the subject of automated individual decisions, the Interested Parties must send a request to Habitat Inmobiliaria, attaching or enclosing, as the case may be, a copy of their national identity document or official identification document. The request must be sent to the following address: calle Estebanez Calderon numero 3-5, 7ª planta, 28020 Madrid (Spain); or, alternatively, emailed at firstname.lastname@example.org.
In any case, if the Interested Parties have any questions or want to submit a claim regarding their personal data, they may contact HABITAT INMOBILIARIA's Data Protection Officer at the aforementioned email address, so that said Data Protection Officer can investigate their claim. Likewise, Interested Parties can also contact the Spanish Agency for Data Protection, which is the control authority in matters of data protection and is located in calle Jorge Juan numero 6, 28001 Madrid (Spain) (http://www.aepd.es).