General Conditions

GENERAL CONDITIONS FOR CONTRACTING THE ELECTRICITY FAULTS SUPPORT SERVICE OF HOLALUZ-CLIDOM, S.A. (HOLALUZ)

Purpose
1. The purpose of this Agreement (the “Agreement”) is the provision of technical assistance services for repair of electrical installations (the “Service”) to Holaluz Customers when there is a lack of electrical power throughout it or in any of its dependencies. The contracting of the Service is linked to the existence of an electricity supply agreement signed by the Customer with Holaluz, and may be carried out simultaneously or at a later time.
2. This Agreement is linked to the Customer and the address communicated, in such a way that the Customer may not use it or assign it to an installation or person other than those indicated in the conditions hereof, unless prior and express authorisation is given by Holaluz as established in clause 12 of this Agreement.
3. For these purposes, the Customer, by signing this Agreement, declares that they do not act as a business person or professional, but as an end consumer of the supply.
4. If the Customer does not own the premises of the business or the home in which the described Service is provided, the Customer will be responsible for obtaining, where appropriate, the prior authorisation of the owner and releases Holaluz from any financial consequence derived from claims by the owner of the property.
Services and Benefits
1. This Agreement includes the following benefits:
  - Emergency repair required to restore electrical power, provided that the installation condition permits it.
  - Trip expenses and up to 3 hours of labour for each job.
  - Up to 3 breakdowns per year.
2. The Service does not include:
  - Cost of materials.
  - Labour exceeding 4 hours of work.
  - Repairing breakdowns of lighting elements such as lamps, light bulbs, fluorescent bulbs, etc.
  - Repair of faults of heating appliances, home appliances and, in general, any faults of an appliance powered by electricity.
  - The repair of installations that do not comply with the regulations in force at the time of their performance.
  - Repair of faults inherent to mechanisms, such as plugs, switching conductors, etc.
3. The materials used in the repairs will be invoiced by the operator who performs the repair to the Customer according to the manufacturer's retail price, with the materials always being supplied by the repairer, including, where appropriate, labour after the fourth hour of work. The work will be evidenced by budget and the performance of the work.
Price
1. The Service Price is 4,99€/month + VAT (6,04 €/month).
2. For those months in which the Service has not been purchased for the entire month, the Customer will be invoiced an amount proportional to the days of the month in which the Service was contracted.
3. The date of updating the Agreement price will be the same as the date of updating the price of the electricity supply agreement, regardless of the time elapsed since the start of the service, and, failing that, on the 1st of January of each year.
4. The Service Price will be updated in each year of the Agreement according to the annual CPI with respect to the previous twelve months published by the INE [Instituto Nacional de Estadística (National Statistics Institute)] or the body that may replace it in the future.
5. Notwithstanding the foregoing, the prices of the services and the payable fees may be changed when there is a variation in the amount of any of the components that have been taken into consideration for the establishment thereof and that are different from the parts.
6. The adjustments indicated in the previous sections will be communicated in writing to the Customer with fifteen (15) days’ notice, so that the Customer, within the same period, can communicate in writing their wish to terminate the Agreement. Failure by the Customer to respond within the aforementioned period will be understood as an acceptance of the new price.
7. Holaluz will not be obliged to provide the Service that is the object of this Agreement if the Customer is not up to date in the payment of the price of the Service or any other contracted service.
Billing and Payment
1. The Service invoice will be included as a separate item within the monthly electricity supply invoice to be issued electronically on the same terms as the electricity supply from which the Service derives.
2. The Customer undertakes to pay the invoices issued by Holaluz. The payment will be made by direct debit to the account indicated by the Customer in the Specific Conditions of the electricity supply services agreement from which the Service derives and that the latter undertakes to communicate to his banking entity. However, as an exception to the above rule, if the customer fails to pay at least one invoice, Holaluz may establish alternative payment methods for the following invoices, such as charging them to the credit card from which the previously unpaid receipt has been paid.
3. The payment will be made on the date on which the bank receives the communication from Holaluz with the amount to be paid by the Customer. In the event of a return of the direct debit of the payment of the invoice, Holaluz will pass on to the Customer both the banking expenses generated by the return and the administrative and all types of costs generated by the subsequent collection from the Customer of the unpaid debt, which will be proportional to the unpaid amount. All amounts due and unpaid will be considered past due and liquid debt and will automatically accrue default interest in favour of Holaluz, which are fixed at the legal interest rate plus 2% per year on the amounts due and which will accrue day by day.
4. If partial payments are made, the Customer may, in accordance with the Civil Code, establish the criteria for their application. If the Customer does not exercise this power and once interest and expenses have been covered, payments will be allocated to the oldest past due invoices of any supply or service provided by HOLALUZ. In addition, Holaluz may offset the payments owed by the Customer with any amount in favour of the Customer contracted by Holaluz, regardless of the contracted service to which it refers.
Duration
1. This Agreement shall enter into force upon its validation and the conditions signed shall have an initial duration of one (1) year. At the end of the initial term, this Agreement will be automatically extended for periods of one (1) year if neither party notifies the other, within fifteen (15) calendar days, of their wish to terminate it, using the Termination Form or by any means that allows its receipt to be proven..
2. Holaluz will have fifteen (15) working days from the signing of this Agreement to verify the solvency of the Customer by consulting the financial solvency and credit files that are deemed appropriate and in strict compliance with the applicable regulations. The result of such consultation may, where appropriate, affect the entry into force of the Agreement.
3. Termination for any reason of the electricity supply agreement shall determine the termination of this Agreement, maintaining the obligation to pay the price until the date of termination of the electricity supply agreement or this Agreement.
Territorial Scope
1. The Service will be provided to those Customers with supply points located within Spanish territory.
Right of Withdrawal
1. Any consumer Customer acting outside of a business or professional scope, as defined by Art. 3 of Royal Legislative Decree 1/2007, of 16 November (Consolidated Text of the General Law for the Defence of Consumers and Users) or the regulation that replaces it, will be entitled, in accordance with current legislation and without any penalty, to withdraw from this Agreement without the need to invoke a just cause within a maximum period of fourteen (14) calendar days from the date of its signing. In this case, he will communicate the revocation of the agreement by withdrawal by email to clientes@holaluz.com or by mail to Paseo Juan de Borbón 99-101, 4ª Planta, 08039, Barcelona, using the Withdrawal Form available on the Holaluz website or any other similar document.
2. If the Customer has received any Service during the withdrawal period, they shall have the obligation to pay for the services that they have received, valued at market price.
Warranty
1. Holaluz will guarantee that the Service will be provided by qualified and duly accredited personnel and will be performed with the highest quality of service and, if used, with the best endorsed materials.
Access to the business or home premises
1. In order to enable the provision of the Service, the Customer undertakes to facilitate access by duly accredited personnel to the business or home in which the Service is provided. If the Customer does not allow such access, Holaluz shall not be considered responsible for the impossibility of performing the Service.
Responsibility
1. The Customer is responsible for detecting any anomaly in the electrical installations and in general for maintaining these installations in proper condition. The Customer and Holaluz waive liability for consequential, indirect damages and for lost profits, provided that they do not arise from a wilful breach.
2. Likewise the following shall not be cause for liability:
  - Pre-existing faults in the Installation;
  - Failures occurring at the Facilities as a result of its incorrect handling by the Customer or a third party;
  - Breakdowns and damages caused by force majeure or fortuitous events;
  - Damages caused by the hidden elements and, expressly, those caused by their improper maintenance;
  - Normal wear and tear of the Installation;
  - If it is not possible to comply with the obligations due to causes derived from the Installation itself and/or not in any case related to Holaluz.
Suspension of the service
1. Holaluz may suspend the Service for the following reasons:
  - In cases of force majeure;
  - For breach of any of the obligations arising from this Agreement and in particular for the Customer's breach of his payment obligation, 20 days after the latter has been notified of said failure to pay without the payment having been made;
  - When this is temporarily essential for the maintenance, repair of installations or for the improvement of the service or for safety reasons as well as for [the safety] of people or goods;
  - When the Service is used in a manner or for purposes or uses other than those established in this Agreement;
  - By contractual termination.
Assignment of the agreement and subcontracting
1. This Agreement may be assigned by either party provided that this circumstance is communicated in writing to the other party with fifteen (15) days’ advance notice and that the assignee is subrogated in all rights and obligations arising from this Agreement that correspond to the assignor. Likewise, prior to the assignment by the Customer, the Customer must be up-to-date in his payment obligations and have demonstrated that the assignee is the new holder of the electricity supply agreement(s) for the business or home.
2. Holaluz may subcontract the Service that is the object of this agreement to a third-party company that has the technical qualification and the necessary accreditations to provide it.
Agreement termination
1. This Agreement has no required minimum term, in such a way that, in the event of termination due to unilateral withdrawal by the Customer in advance of the normal expiry agreed in accordance with the provisions of Clause 5.1 of the Agreement, the latter shall not pay Holaluz any financial penalty.
2. In accordance with clause 3.2. of the Agreement, the Customer shall pay Holaluz the proportional amount of the Service for the days of the month that the contracted service was enjoyed.
3. The Agreement may be terminated early when any of the following causes occur:
  - Failure to comply with the payment obligations acquired under the provisions of this Agreement or the electricity supply agreement from which the Service derives.
  - Denial of access to the business or home by its occupant, for the provision of the Service.
  - The absence, expiration or cancellation of administrative authorisations that are mandatory for the commissioning and operation of the electrical installations of the business or home.
  - The absence, termination or end of the agreement signed by the customer for the electricity supply for the business or home.
Modification of the terms of the Agreement
1. The modification of the conditions of this Agreement, unless it is a consequence of the applicable regulations, will be notified to the Customer by means of the electronic contact information provided by the Customer at least fifteen (15) calendar days prior to its entry into force, informing them of their right to terminate the Agreement without any penalty if they do not agree with said modification.
2. In the event that any of the conditions of this Agreement are invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity and effectiveness of the remaining conditions thereof.
Claims
1. The Customer may make claims to Holaluz through all the communication channels established for this purpose and permanently updated at www.holaluz.com; that is, both by mail addressed to “CUSTOMER CARE – CLAIM” to the offices of Holaluz in Barcelona; in writing to the email address asistencialuz@holaluz.com or by toll-free telephone at 900 670 230 or to any other toll-free telephone number that Holaluz has authorised for this purpose.
Protection of personal data
1. Holaluz complies with the legislation in force in Spain and in the European Union in the processing of the personal data of its Customers. To this end, it has adopted the necessary technical and organisational measures to prevent the loss, misuse, alteration, unauthorised access and theft of the personal data provided, taking into account the state of the technology, the nature of the data and the risks to which they are exposed. Thus, all information regarding the processing of personal data is indicated in our Privacy Policy.
2. The data controller is: HOLALUZ-CLIDOM, S.A. with TIN A-65445033 and registered office at Paseo Juan de Borbón 99-101, 4ª Planta, 08039 Barcelona. The purpose is to manage the contractual relationship with the Customer as well as, where appropriate, the sending of corporate communications that may be considered of interest to the Customer.
3. The Customer declares that all the personal data provided to Holaluz are true and accurate, and expressly undertakes to keep them updated, sending the appropriate notifications to Holaluz via email to clientes@holaluz.com. The Customer must especially ensure that both the postal address and the CUPS [Código Universal del Punto de Suministro (Universal Supply Point Code)] are correct, since Holaluz has no way of verifying their veracity.
4. When necessary for the provision of the contracted services, the Customer expressly authorises Holaluz to communicate their personal data to third parties for the purposes of their processing for this specific purpose (e.g., subcontracted company for the provision of the services).
5. The exercise of the rights of access, rectification, opposition, erasure, portability and limitation of the processing of your data may be carried out by written communication addressed to HOLALUZ-CLIDOM, S.A. – DATOS LOPDGDD, Paseo Juan de Borbón 99-101, 4ª Planta, 08039 Barcelona or by email addressed to lopd@clidom.es, always attaching a photocopy of your ID.
Applicable law and jurisdiction
1. This Agreement is governed by Spanish law. For the resolution of any conflict in the interpretation and application of this Agreement, the parties submit to the Courts and Tribunals of the place where the Customer’s domicile is located.