GENERAL TERMS AND CONDITIONS – COSTA FINANCE GROUP S.L.

Article 1 – Identity of the company

Costa Finance Group S.L. (hereinafter: “CFG”) is a company incorporated under Spanish law, established in Spain, which focuses on financial services, advisory services and intermediation, in particular in the field of real estate financing, mortgages and business financing.

Further company information is included in the Aviso Legal on the website.

Article 2 – Definitions

In these general terms and conditions, the following terms shall have the meanings set out below:

  • CFG: Costa Finance Group S.L.;
  • Client: any natural person or legal entity that uses CFG’s services;
  • Agreement: any arrangement between CFG and the client;
  • Services: all forms of advice, guidance and intermediation in the financial field.

Article 3 – Applicability

These general terms and conditions apply to all offers, quotations, activities and agreements of CFG.

Deviations are valid only if agreed in writing.

The applicability of the client’s terms and conditions is expressly excluded.

Article 4 – Formation of the agreement

An agreement is formed at the moment the client:

  • provides written acceptance;
  • provides digital acceptance via the website (for example by checkbox); or
  • actually uses the services of CFG.

Digital acceptance is deemed legally valid and binding.

In the case of electronic contract formation via the website, the following also apply:

  • the pre-contractual information published on the website;
  • the Privacy Policy;
  • the Cookie Policy;
  • the Aviso Legal.

To the extent that the agreement is concluded with a consumer, the legally required information will be provided before the conclusion of the agreement regarding:

  • the steps for concluding the agreement;
  • archiving of the agreement;
  • options for correcting errors;
  • the contract language.

Article 5 – Nature of the services

CFG provides advisory, guidance and/or intermediation services between the client and third parties, including banks, investors and financial institutions.

CFG is not a lender and does not make decisions regarding financing.

All activities of CFG qualify as an obligation to use best efforts and not as an obligation to achieve a specific result.

Article 6 – No guarantee of result

CFG does not guarantee that:

  • financing will be obtained;
  • applications will be approved;
  • conditions from third parties will be offered or maintained;
  • an investment or transaction will be completed.

All decisions lie entirely with external parties.

Submitting an application or lead through CFG does not create any right to financing, approval or return.

Article 7 – Obligations of the client

The client is obliged to:

  • provide complete, accurate and up-to-date information;
  • provide all relevant documents in a timely manner.

The client warrants the accuracy of the data provided.

Damage resulting from incorrect or incomplete information is entirely at the client’s expense.

CFG may rely on the accuracy of the information provided.

Article 8 – Fees and payment

CFG is entitled to a fee for its activities.

This may consist of:

  • a fixed fee;
  • an hourly rate;
  • a success fee;
  • a combination of the above.

A success fee is due as soon as an agreement is concluded with a party introduced by CFG, regardless of CFG’s direct involvement.

Payment must be made within the agreed term, without set-off or suspension.

Article 9 – Non-circumvention

The client is not permitted to circumvent CFG by doing business directly with parties introduced by CFG.

In the event of a breach, the full fee remains due as if CFG had been fully involved.

Article 10 – Engagement of third parties

CFG works together with external parties.

CFG is not liable for:

  • acts;
  • decisions;
  • omissions of these third parties.

The client acknowledges that CFG has no influence over decision-making by third parties.

Article 11 – Liability

CFG is liable only for direct damage in the event of intent or gross negligence.

Liability is limited to:

  • the amount paid for the relevant service, or
  • the amount paid out by the liability insurance.

CFG is not liable for indirect damage, including:

  • loss of profit;
  • missed financing opportunities;
  • investment losses;
  • reputational damage.

Article 12 – Force majeure

CFG is not liable for delays or failures due to force majeure.

Force majeure includes:

  • disruptions;
  • changes in legislation;
  • market conditions;
  • decisions of financial institutions;
  • other circumstances beyond CFG’s control.

Article 13 – Intellectual property

All materials provided by CFG remain the property of CFG.

Use is permitted only for the client’s own purposes.

Without permission, these materials may not be:

  • copied;
  • shared;
  • made public.

Article 14 – Confidentiality

The parties undertake to maintain the confidentiality of confidential information.

This obligation continues after termination of the agreement.

Article 15 – Privacy and data processing

CFG processes personal data in accordance with the General Data Protection Regulation (GDPR).

The processing of personal data is explained in more detail in the Privacy Policy.

For marketing communications, non-essential cookies and other optional processing operations, separate consent will be requested where legally required.

This consent does not form part of the contractual acceptance of these General Terms and Conditions.

Article 16 – Suspension and termination

CFG has the right to:

  • suspend activities;
  • terminate the agreement;

if the client fails to comply with its obligations.

Article 17 – Applicable law

All legal relationships are governed exclusively by Spanish law.

Article 18 – Disputes

Disputes shall be submitted to the competent court in Spain.