Condiciones generales de contratación

You are reading the English language version of the terms of use (privacy policy). This translation is merely an informative guide. The legally binding version that takes precedence in case of dispute is the original Spanish version of the terms of use (política de privacidad).

These general terms and conditions regulate the use of and access to the website of the company Idealista, Crédito y Financiación, S.L. (hereinafter referred to as “idealista/hipotecas”), that can be accessed by legal and natural persons (hereinafter referred to as the “Customers”) through the website www.idealista.com/hipotecas

Regarding the company:

1. idealista, Crédito y Financiación, S.L., with Tax Identification Number (NIF) B-85348464, with registered office at calle Cedaceros, 11, 2º H, 28014 in Madrid, and registered with the Companies Registry of Madrid, under volume 25360 - book 0 - folio 30 - section 8 - sheet M-456741, is a commercial company that operates on the Spanish financial market, acting as an unrelated credit intermediary between financial institutions that intend to grant financing and the Customers who require it, enabling the latter to search more efficiently for loans and credits available on the market that are best suited to their needs, in all cases based on the information provided by the Customers and our knowledge of the banking sector.

2. idealista/hipotecas renders its services in accordance with the regulatory framework of Spanish Act 5 of 15 March 2019, which regulates real estate loan agreements and, in a subsidiary manner, Spanish Act 2 of 31 March 2009, which regulates agreements with consumers of mortgage loans or credits and brokerage services to enter into loan or credit agreements, and related provisions.

3. idealista/hipotecas is registered as a real estate credit intermediary in the Bank of Spain's (Banco de España) Register of Real Estate Credit Intermediaries and Lenders, identified with the code D081. In addition, idealista/hipotecas has taken out civil liability insurance with Lloyd's Insurance Company Ltd., policy number BNE201900093, all in accordance with the provisions of Law 5/2019 of 15th March, regulating real estate credit agreements.

Respecto al servicio de intermediación:

4. All the services rendered by idealista/hipotecas are entirely free of charge for the Customer; however, it may receive commission from the financial institutions with which it collaborates. If the Customer so requests, idealista/hipotecas can provide him/her with information about the different rates and amounts of commission paid by the various financial institutions that provide the credit agreements it offers.

5. Our main activity consists of putting Customers seeking financing with mortgage guarantee in contact with financial institutions that offer this facility. In particular, idealista/hipotecas renders the following services:

1. a. by means of the various pages provided on the website, Customers can determine the search criteria for the loan conditions that are best suited to their profile.
2. b. idealista/hipotecas is responsible for determining and analysing, in accordance with the profile entered by the Customer, loans that are consistent with the preferences, features and interests thereof.
3. c. idealista /hipotecas may assist Customers by carrying out preliminary processes or other pre-contractual procedures with respect to such loan agreements and provide any Customer who requests it with general guidance or information about the offers, or pre-contractual or contractual information about the loans offered by the financial institutions.
4. The Client will be informed about the information and documentation to be provided (and, where appropriate, its guarantors) for financial institutions to carry out an adequate assessment of the Client's solvency. This solvency assessment will require financial institutions to obtain from the Bank of Spain's Central Risk Information Centre (CIR) reports on their registered risks, as well as to consult their data contained in the common credit information systems.
5. e. After gathering the information and documents from the Customers, at their request, idealista/hipotecas may notify and send their personal data to the financial institutions, the loan conditions of which are consistent with their preferences, and the latter, when appropriate, will send the European Standardised Information Sheet (ESIS) (which shall be considered a binding offer) and the Standardised Warning Sheet (with initials in Spanish “FiAE”) and, in general terms, all the information required by the applicable regulations according to the type of the Customers’ loan.

6. This service can also be provided over the phone.

7. You are hereby expressly informed of the existence of taxes and expenses that are not paid through idealista/hipotecas, such as appraisals, notary fees, registration fees, taxes, management agency fees, etc.

8. dealista/hipotecas will provide, among the products offered by the financial institutions with which it collaborates, those that are best suited to the features of the credit or loan requested, in accordance with the information provided by the Customer.

En el supuesto de que, tras el estudio pormenorizado de tus necesidades e información proporcionada, no nos fuera posible presentarte dichas tres ofertas vinculantes, debido a los criterios y condiciones del mercado financiero, podrás desistir del contrato de intermediación sin coste alguno, o bien aceptar la oferta que consideres más adecuada de la/s que se proponga/n.

9. idealista/hipotecas does not provide any kind of personalised investment advice or recommendations regarding one or more loans available on the market, nor does it provide legal, tax or any other kind of advice. Moreover, the information included on the website should not be used as the basis for making investments or adopting decisions.

Respecto al contrato de intermediación:

10. We hereby expressly inform you that you may withdraw the brokerage agreement entered into with idealista/hipotecas within 14 calendar days from the execution of such agreement, with no need to provide any reason and with no penalty whatsoever by sending us the relevant reliable request, within the specified term, to the address provided in section 1 of these general terms and conditions.

11. If, after an in-depth study of the Customer’s needs and the information provided, idealista/hipotecas is unable to provide the Customer with any binding offers from the financial institutions due to the criteria and conditions of the financial market, the Customer may withdraw the brokerage agreement at no cost whatsoever. If a solvency assessment cannot be carried out by the financial institutions because the Customer has chosen not to provide the information or verification required to conduct such assessment, it will not be possible to grant the loan.

12. The financial brokerage agreement that will be entered into with idealista/hipotecas will be executed in Spanish.

13. idealista/hipotecas may terminate the agreement once it has confirmed that a solution cannot be found on the market that meets the Customer’s requirements, by notifying it in writing to the Customer.

Respecto a la protección de datos:

14. By fulfilling the regulations in force, idealista/hipotecas will process the personal information provided by the Customer in order to render the requested service. The data provided will be stored for as long as the professional relationship lasts or throughout the years required to fulfil the legal obligations.

15. Customers are entitled to obtain confirmation as to whether or not we are processing their personal data. Customers therefore have the right to access their personal data, rectify inaccurate data or request the deletion thereof when the data are no longer required.

16. For more information about data protection, the Customer can find the privacy policy of idealista/hipotecas at www.idealista.com/hipotecas/privacidad, as well as the privacy policies of the financial institutions that we collaborate with, which can be accessed through the following link: www.idealista.com/hipotecas/privacidad-entidades

Liability

17. idealista/hipotecas does not guarantee the correctness, authenticity, veracity, accuracy or the up-to-date nature of the terms and conditions of the loans, and the terms and conditions of the loans provided on the website are in no case binding, but indicative in all cases. idealista/hipotecas shall not be held liable for, nor is it involved in, any of the final terms and conditions that the financial institution offers the Customer. The contents of the website are for informative purposes only and under no circumstances should they be used or considered as a sale offer, a request for an offer to purchase or a recommendation to carry out any other transaction, unless this is expressly specified.

18. idealista/hipotecas will remain entirely separate from the commercial and legal relations that may be established between the Customer and the respective financial institutions, and it will not take part at any time in the pre-contractual process or in the agreement related to the choice that the Customer finally makes.

19. idealista/hipotecas shall in no case be held liable for the damages that could be incurred by Customers who take out mortgage loans resulting from using the information provided through the website, nor any possible breaches by the financial institutions; however, it will make all reasonable efforts to ensure the highest levels of quality and legality are fulfilled, and it will remain at the Customer’s disposal for any procedures or claims he/she requires.

Miscellaneous

20. All the elements of the website are subject to intellectual or industrial property rights. The contents, source code, form, design and name of the products, applications, tools, pages, trade marks, trade names, logos and graphics, including the copyright, are the property of, have been assigned to or are subject to a licence granted to, idealista/hipotecas. The authorship and exploitation right in all its terms and forms are therefore covered by the commercial and criminal laws in force and any infringement thereof, in addition to the relevant monetary liabilities, will constitute illegal or criminal activity.

21. idealista/hipotecas reserves the right to extend, modify, replace and/or cancel the service at any time with no prior notice, and this shall not result in any liability or compensation. idealista/hipotecas will make every effort to notify any changes in these general terms and conditions.

22. By accessing the website or using the services provided, the Customer accepts these general terms and conditions and any changes made thereto.

23. These general terms and conditions shall be governed by Spanish law.

24. If the Customer has any queries, complaints or claims, he/she may send a letter to the Customer Support department at the address specified in section 1 of these general terms and conditions and, if necessary, he/she may visit the dispute settlement institution for consumers in the financial sector provided for such purpose.