General Conditions

GENERAL CONDITIONS FOR CONTRACTING THE ASSISTANCE SERVICES IN CASE OF ELECTRICAL BREAKDOWNS AND FAULT APPLIANCES OF HOLALUZ-CLIDOM, S.A. (HOLALUZ)

Purpose
1. The purpose of this Contract (the "Contract") is the provision of technical assistance services in case of breakdowns in the electrical installations and household appliances (the "Service") of the domestic Customers of Holaluz whose maximum installed power is less or equal to 15kW caused by a lack of electrical power in the house or in any of its dependencies. The contracting of the Service is linked to the existence of an electricity supply contract signed by the Client with Holaluz, which can be carried out simultaneously or subsequently.
2. Unless prior and express authorization of Holaluz as established in clause 12, this Contract is linked to the Client and address communicated, so the Client may not use or assign it for a installation or person other than the indicated in the present Conditions.
3. For these purposes, the Customer, by signing this Contract, declares that he does not act as an entrepreneur or professional, but as the final consumer of the supply.
4. In the event that the Client is not the owner of the premises of the business or the house in which the described Service is provided, the Client will be responsible for obtaining, where appropriate, the prior authorization of the owner and releases Holaluz from any patrimonial consequence or damage derived from owner’ claims.
Services and benefits
1. This Contract includes the following services:
  - The repair of breakdowns and/or failures that affect the electrical installation of the house, which includes all the electric cables that, permanently, integrate 230V electricity grid of the house, as well as the other elements of the installation such as: plugs, switches, fuses, doorbells, transformers, light lines, differentials and fuse box located from the private meter and within your home. The annual limit of such reparations is 1.200 euros.
  - The repair of breakdowns and/or failures that affect the following appliances of the house and that prevent the proper function of: refrigerator, washing machine and dishwasher for domestic use that work powered by electricity and whose antiquity is not less than 2 years or does not exceed 15 years, with an annual limit of 100 euros.
  - A service of "handymen" per year, with a maximum of 3 hours of work, which includes: advice on how the Client should protect himself and how he should protect the house while waiting for the intervention of the professional, the organization and management of the intervention of the professional, the cost of the necessary repairs including transport, labor, pieces, materials, tools, machinery, as well as the possible taxes derived from the the services (provided that they do not exceed the limits of coverage). All repairs have a one-year warranty.
2. The Service does not include:
  - Works carried out by professionals not authorized by Holaluz.
  - Irrigation systems; pool pump wiring; time or temperature controls in heating or water networks; TDS cables, radio or terrestrial television antennas; telephone wiring; smoke detectors; boilers; small appliances or any brown range appliances; meters; lamps; bulbs; sconces; solar panels; underfloor heating; recessed lighting in furniture and any element exposed to external weather factors.
  - Damage repair of those elements that do not integrate the domestic electrical network or covered appliances, such as aesthetic replacements or internal installations.
  - Damages of appliances derived from the damage suffered by the electrical installation of the house due to lightning strikes, short circuits, surges or other similar events.
  - Repairs related to the general maintenance of the house.
  - Repairs or replacement of parts and installations that are mandatory in accordance with the applicable regulations.
  - Intentional or malicious acts of the Client, as well as the negligent or erroneous use of the domestic electricity network.
  - Installation service of new appliances.
  - In no case are aesthetic damages (such as scratches, cracks or damages that do not prevent the normal use of appliances) included in the Services. Sockets and connection points of household appliances are not included.
3. The materials used in the repairs will be invoiced to the Client by the operator performing the repair according to the RRP of the manufacturer and will always be supplied by the repairer. The invoice will include the labor as of the fourth hour of work. The work shall be justified by budget and the completion of the work.
4. All services are subject to a waiting period of 15 days from the contract date.
Price
1. The Service Price is 5,50€/month + VAT (6,66 €/month).
2. For those months in which the Service has not been purchased for the entire month, the Client will be billed an amount proportional to the days of the month in which the Service has been actually contracted.
3. The date of updating the price of the Contract shall be the same as the date of updating the price of the electricity supply contract, regardless of the time elapsed since the start of the Service. Otherwise, the price will be updated each year on January 1st.
4. The Price of the Service will be updated annually according to the CPI with respect to the previous twelve months published by the INE or body that replaces it in the future.
5. Notwithstanding the foregoing, the prices of the services and the expenses may be modified when there is a variation in the amount of any of the components that have been taken into consideration for its establishment and that are alien to the parties.
6. The adjustments indicated in the previous sections will be communicated in writing to the Client with a notice of fifteen (15) days, so that, within the same period, it can communicate, in writing, his will to terminate the Contract. The lack of response by the Client within the aforementioned period will be understood as acceptance of the new price.
7. Holaluz will not be obliged to provide the Service object of this Contract if the Client is not up to date with 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 and will be issued electronically under 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 Client in the Particular Conditions of the electricity supply services contract from which the Service derives and which the latter undertakes to communicate to his banking entity. However, as an exception to the rule above, in the event that the client 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 Client. In the event of a return of the direct debit of the payment of the invoice, Holaluz will transfer to the Client both the bank charges generated by the return and the administrative costs and of all types of costs generated by the subsequent claim to the Client of the unpaid debt, which will be proportional to the unpaid amount. All amounts owed and unpaid will be considered past due and liquid debt and will automatically accrue default interests in favor of Holaluz, which are fixed at the legal interest rate plus 2% per year on the amounts owed and that will accrue day by day.
4. If partial payments are made, the Client may, in accordance with the Civil Code, establish the criteria for their application. In the event that the Client does not exercise this power and once the interest and expenses have been covered, the payments will be allocated to the oldest past due invoices of any supply or service provided by HOLALUZ. Likewise, Holaluz may offset the payments owed by the Client with any amount in favor of the Client contracted by Holaluz, regardless of the contracted service to which it refers.
Duration
1. This Contract shall enter into force upon its validation and the conditions signed shall have an initial duration of one (1) year. At the end of its initial term, this Contract will be automatically extended for periods of one (1) year if neither party notifies the other their willingness to terminate it, within a period of fifteen (15) calendar days, using the Termination Form or any other mean that demonstrates proof of receipt.
2. Holaluz will have fifteen (15) business days from the signature of this Contract to verify the solvency of the Client by consulting the financial solvency and credit files that are deemed appropriate and under strict compliance with the applicable regulations. The result of such consultation may, where appropriate, affect the entry into force of the Contract.
3. Termination for any reason of the electricity supply contract shall lead to the termination of this Contract, maintaining the obligation to pay the price until the date of termination of the electricity supply contract or this Contract.
Territorial scope
1. The Service will be provided to Clients with supply points located within Spanish territory.
Right of Withdrawal
1. Any Client who acts outside a business or professional field, as defined in article 3 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. In the event that the Client has received any Service during the withdrawal period, he will have the obligation to pay for the services he has 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, whenever used, with the best materials endorsed.
Access to the business or home premises
1. In order to enable the provision of the Service, the Client undertakes to facilitate access to duly accredited personnel to the premises of the business or home in which the Service is provided. If the Client does not allow such access, Holaluz will not be held responsible for the impossibility of carrying out 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 Client and Holaluz waive liability for consequential, indirect damages and lost profits, provided that they do not arise from a willful breach.
2. Likewise, the following shall not be considered grounds for liability:
  - Pre-existing faults in the Installation;
  - Faults occurring in the Installation as a result of the incorrect handling or improper maintenance by the Client or a third party;
  - Breakdowns and damages caused by force majeure or fortuitous event;
  - Damage caused by 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 Contract and, in particular, for the Client's breach of its payment obligation, 20 days after the latter has been notified of the said non-payment without having made the payment;
  - When the suspension is temporarily essential for the maintenance, repair of installations or for the improvement of the service or 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 Contract;
  - By contractual resolution.
Assignment of the contract and subcontracting
1. This Contract 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 Contract that correspond to the assignor. Likewise, prior to the assignment by the Client, the Client must be up-to-date in their 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 object of this Contract to a company that has the technical qualifications and the necessary accreditations to provide it.
Contract termination
1. This Contract does not have a required minimum term. Therefore, in the event of termination due to unilateral withdrawal by the Client in advance of the normal expiration agreed in accordance with the provisions of Clause 5.1 of the Contract, the latter shall not pay Holaluz any penalty.
2. In accordance with clause 3.2. of the Contract, the Client will pay Holaluz the proportional amount of the Service for the days of the month that the contracted service was provided.
3. The Contract may be terminated in advance when any of the following causes occur:
  - Failure to comply with the payment obligations acquired under the provisions of this Contract or the supply of electricity 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 the administrative authorizations that are mandatory for the commissioning and operation of the electrical installations of the business or home.
  - The absence, termination or end of the contract signed by the client for the supply of electricity for the business or home.
Modification of the conditions of the Contract
1. The modification of the conditions of this Contract, unless it is a consequence of the applicable regulations, will be notified to the Client by means of the electronic contact provided by the Client at least fifteen (15) calendar days prior its entry into force, informing him of his right to terminate the Contract without any penalty if he does not agree with said modification.
2. In the event that any of the conditions of this Contract are invalid or ineffective, such invalidity or ineffectiveness will not affect the validity and effectiveness of the remaining conditions.
Complaints
1. The Client may make claims to Holaluz through all the communication channels established for this purpose and permanently updated at www.holaluz.com; this is, both by postal mail addressed to "CUSTOMER CARE – CLAIM" to the offices of Holaluz in Barcelona; in writing to the email address asistencialuz@holaluz.com or by telephone to the toll-free number 900 670 230 or to any other toll-free telephone number that Holaluz had enabled 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 organizational measures to prevent the loss, misuse, alteration, unauthorized 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 Contract, the parties submit to the Courts and Tribunals of the place where the Client's domicile is located.