Terms & conditions
Mortgages in Spain
Terms and conditions Hypotienda Mortgages S.L.
Article 1: General
1.1 Hypotienda Mortgages S.L. is registered as a company in the Spanish Central Commercial Register (Registro Mercantil) under Hoja MA-81258 Tomo 3948 Folio 24.
1.2 In these conditions the Client is defined as: a person not involved in the practice of a profession or business and who, acting alone or jointly with a third party, contracts services from WeCare Mortgages.
1.3 WeCare Mortgages is defined as: the company, the contractor of Client, which is run by Hypotienda Mortgages S.L.
1.4 Assignment is defined as: the (oral) agreement on an assignment for which the Client contracts services from WeCare Mortgages.
1.5 WeCare Mortgages provides the following services: doing a Mortgage Quick Scan, meaning that the financial situation of the client is assessed and the client’s maximum mortgage loan amount in Spain is calculated, as well as helping out on a mortgage application up to the payment of the funds at the notary, which may include applying for financial approval, taking care of the taxation, and opening a bank account.
Article 2: Applicability
2.1 These general terms and conditions are only applicable to the assignment agreement between Client and WeCare Mortgages up until doing the Mortgage Quick Scan. The Mortgage Quick Scan consists of determining and calculating whether Client is eligible for a mortgage in Spain.
2.2 Any exceptions on the specifications of these general terms and conditions only apply if and when they are confirmed to Client explicitly and in writing.
2.3 If any specification, part of these general terms and conditions or of the Assignment, would be declared void or destroyed, the other specifications of these general terms and conditions still apply to the highest degree possible.
Article 3: Details
3.1 Client is responsible for the correctness, completeness and reliability of the data and information provided by him or on behalf of him to WeCare Mortgages.
3.2 Client is obliged to inform WeCare Mortgages, without delay and without being asked to, about facts and circumstances that may be relevant in connection with the performance of the assignment.
3.3 If information provided by Client is not submitted in time, is not sound, is inaccurate or is incomplete, WeCare Mortgages is entitled to suspend the performance of the assignment.
Article 4: Performance of assignment
4.1 WeCare Mortgages determines how and by who (1 or more person(s)) the assignment is carried out, taking into account the wishes expressed by the Client as much as possible.
4.2 WeCare Mortgages will supply the service to the best of its ability and with due professional care. WeCare Mortgages, however, cannot guarantee the achievement of any intended results.
Article 5: Mortgage Quick Scan
5.1 The Mortgage Quick Scan consists of determining and calculating whether Client is eligible for a mortgage in Spain. WeCare Mortgages bases its calculations on the general Spanish banking criteria and the details provided by the Client to determine whether Client is eligible for a mortgage in Spain and, if so, WeCare Mortgages also provides an indication of the maximum mortgage loan amount and an indication of the banking conditions under which the mortgage could be granted.
5.2 The Mortgage Quick Scan gives an indication of the mortgage options and the bank conditions. It is in no way a definitive assessment, nor an approval of the bank.
5.3 The results of the calculation and the indication of the banking conditions under which the mortgage could be granted, will be sent to the Client as a pro forma offer. This is not a final offer.
5.4 The proforma offer and the Mortgage Quick Scan are subject to, among others, the assessment of the current (legal) status of the property, the property construction, the praised value, the assessment of the personal and income details of Client, and the assessment system and criteria used by the bank.
5.5 WeCare Mortgages does not guarantee any results of the Mortgage Quick Scan and the feasibility of the mortgage.
Article 6: Liability
6.1 The liability of WeCare Mortgages is limited to the amount that is paid out for that specific case following the professional liability insurance of WeCare Mortgages, including a deductible excess. The insured amount per claim is € 460.000, -.
6.2 If the professional liability insurance specified in sub-article 6.1 for whatever reason does not offer insurance coverage or if no payment is made regarding the professional liability insurance, the liability of WeCare Mortgages for a shortcoming in the performance of the contract for which WeCare Mortgages is liable is limited to the fee charged by WeCare Mortgages relevant to the activities to which the event that caused damage relates to or to which it is linked.
6.3 WeCare Mortgages is liable towards Client in all cases solely for any shortcoming in the performance of the Contract as far as such shortcoming consists of a failure to provide the care and expertise which may be relied upon when carrying out the Assignment. However, WeCare Mortgages is not liable for:
a) any damage caused to Client or third parties resulting from the provision of incorrect or incomplete data or information supplied by Client to WeCare Mortgages or otherwise resulting from an act or omission of Client;
b) damages caused to Client or third parties resulting from an act or omission by third parties and auxiliary persons hired by WeCare Mortgages (excluding employees of WeCare Mortgages);
c) damage caused to Client or third parties resulting from not meeting the requirements imposed to Client by (financial) institutions other than WeCare Mortgages. This includes not meeting the requirements timely or not meeting the requirements fully.
6.4 The exclusions of the liability of WeCare Mortgages as specified in sub-article 6.3 do not apply if the damage is caused on purpose or by gross negligence of WeCare Mortgages.
6.5 Client indemnifies WeCare Mortgages against all third-party claims.
6.6 All claims regarding liability of WeCare Mortgages must be in writing, at the moment Client takes notice of the incident.
Article 7: Data protection
All personal and financial information which WeCare Mortgages Client receives from Client will be treated in accordance with the standards on the protection of personal data.
We are extra careful with your personal and financial information. This is information which are extra protection by law to avoid misusage, like:
• Your passport details.
• Details about your bankaccount.
• Your financial details like payslips, yearly statements, balance sheets, bankstatements, etc.
For what purpose do we use your data and to who do we transfer your data?
We use your data to make a Mortgage Quick scan, to open a bank account and/ or to organize a Spanish valuation.
When you give your written approval to these terms & conditions, we will transfer your data to our partners to complete the job you asked us to do. These partners are Spanish banks, valuation companies and your lawyer. Only when you give specific approval we will transfer your data to other involved parties, like your estate agent.
Which contact moments we save at WeCare Mortgages?
Telephone & WhatsApp
We would like to help you in the best way possible. Therefore we are also available on WhatsApp. Our office phone has WhatsApp on number 0034 952 263 023. The information you are sending us by WhatsApp will only be used for the purpose of the relevant mortgage question or application.
Your privacy is important to us. We understand this very well. In this privacy statement we explain you how we deal with your privacy and your personal information. We don´t have any influence on how WhatsApp is dealing with your information. Our privacy statement is only applicable on us, not on third parties. We would like to highlight WhatApp is an American company and the chat details will be dealt with in America and according the jurisprudence in the state California.
Letter and e-mails
We save the letters and e-mails WeCare Mortgages is sending and receiving in your file.
How long does WeCare Mortgages keep your data?
We keep your data up to when we need: to provide you the services you are asking from us or as long it is required by law. After this we delete your data.
How does WeCare Mortgages secure your data?
Our website and IT-systems are well secured. We made the necessary arrangement to avoid misusage of your data. Our employees have clear instructions how to use your data. Have you found a security problem in our system? Please let us know by email legal@wecaremortgages.com.
Do you have a question, complaint or suggestion with regards to the privacy of WeCare Mortgages?
Send an email to the data protection secretary via privacy@wecaremortgages.com. You can also send us a letter by post to:
Hypotienda Mortgages SL
To: Data protection secretary
Calle Pablo Casals 7- local 2
29602 Marbella, España
Can we not solve it together? You can submit your complain to the Authority of Data Protection
Article 8: Choice of law
For all agreements between Client and WeCare Mortgages only the Spanish law is applicable. The Spanish court has exclusive competent jurisdiction to hear disputes resulting from all agreements between WeCare Mortgages and Client.
