GENERAL CONDITIONS FOR CONTRACTING THE GAS FAULT MAINTENANCE AND REPAIR SERVICE OF HOLALUZ-CLIDOM, S.A. (HOLALUZ)
The purpose of this Agreement (the “Agreement”) is the provision of gas faults maintenance and support services (the “Service”) to Holaluz Customers. The contracting of the Service is linked to the existence of a gas supply agreement signed by the Customer with Holaluz, and may be carried out simultaneously or at a later time.
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.
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.
If the Customer does not own the premises of the business or the home in which the described Service is provided, the Customer shall be responsible for obtaining, where appropriate, the prior authorisation of the owner and releases Holaluz from any economic consequences arising from the claims made by the owners of the property.
Services and Benefits
This Agreement includes the following benefits:
- Trip expenses and up to 3 hours of labour in each job, with no limit on interventions for repairs or emergencies concerning the boiler or heater.
- A maximum of fifty (50) Euros in parts per fault.
- An annual gas boiler or gas heater check.
This check will include cleaning the combustion chamber, burners, injectors and spark plugs and flame detector, cleaning the fan, exterior cleaning of the heat exchanger to thus improve combustion and heat exchange, resulting in energy savings; check of the expansion vessel pressure and correction, if necessary; check of the heating system (hydraulic circuit, boiler and radiators), check of gas appliances, combustion analysis; check and fine-tuning of regulatory and safety apparatuses; check for gas or water leaks in the boiler; check of the gas pressures in the burner; check of the good condition of the smoke evacuation and the operation of the circulation pump.
This service can be used within 1 month from the moment it is contracted.
- 24/7 telephone service, 365 day per year.
- One (1) year warranty on all repairs made, which will remain in effect even if this Agreement is terminated or ended.
- Organising and sending a professional in an emergency call-out, in less than 3 hours.
- Sending a professional in the case of gas breakdowns/repairs, within 48 hours. This period may be up to 72 hours in the case of isolated locations. This service can be used within 15 days from the moment it is contracted.
The Service does not include:
- Cost of parts exceeding 50 Euros per fault.
- Labour exceeding 3 hours of work.
- Repair of installations that do not comply with the regulations in force at the time of their performance.
- Damage caused by negligent use or maintenance of the receiving facility and/or its devices.
- Damage due to the age or absence of spare parts on the market of devices connected to the installation, when these are technically irreparable.
- Repair of devices that have been previously tampered with and within the term of this Agreement, by persons other than the Technical Service provided by this service.
- The repair, adaptation and/or cleaning of smoke ducts.
- Adaptations and/or modifications to the gas installation requiring the issuance of official certificates.
- Works derived from the ventilation needs of the premises.
- Materials and/or spare parts used in breakdown repairs
- Damage caused by fire, explosion, flood, frost or other extraordinary causes.
- The transport of the boiler/heater to the premises of the approved technical service of the brand, when necessary to proceed with its repair.
- Any civil engineering work.
The Service Price is €9.95/month + VAT (€12.04/month).
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.
The date of updating the Agreement price will be the same as the date of updating the price of the gas supply agreement, regardless of the time elapsed since the start of the service, and, failing that, on the 1st of January of each year.
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.
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.
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.
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
The Service invoice shall be included as a separate item within the monthly natural gas supply invoice and shall be issued electronically under the same terms as the gas supply from which the Service derives.
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 gas supply services agreement from which the Service derives and that the latter undertakes to communicate to their 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.
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.
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.
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.
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.
Termination for any reason of the gas supply agreement shall lead to the termination of this Agreement, maintaining the obligation to pay the price until the date of termination of the gas supply agreement or this Agreement.
- The Service will be provided to those Customers with supply points located within Spanish territory.
Right of Withdrawal
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 firstname.lastname@example.org 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.
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.
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.
These services have a guarantee in the execution of the works of one (1) year from the completion thereof.
Access to the business or home premises
- In order to enable the provision of the Service, the Customer undertakes to facilitate access to duly accredited personnel to the premises of 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.
The Customer is responsible for detecting any anomalies in the gas, boiler and heater 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.
Likewise the following shall not be cause for liability:
- Pre-existing faults in the Installation;
- Faults occurring in the Installation as a result of incorrect handling or improper maintenance 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.
Any actions on the installations carried out by the Customer or by persons other than Holaluz or the company that provides the Service or its assigned professionals will void the repair warranty, as well as any liability of Holaluz or any company that provides the Service. If the installation is within the legal warranty period granted by the manufacturer or the distributor, the provision of the Service by the assigned Professional may cancel the validity of said warranty. The Customer, when formalising the Services Report, will be aware of the aforementioned issue, and may not claim any liability for it.
Suspension of the service
- 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.
- Holaluz may suspend the Service for the following reasons:
Assignment of the agreement and subcontracting
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 their payment obligations and have demonstrated that the assignee is the new holder of the gas supply agreement(s) for the business or home.
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.
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.
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.
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 natural gas 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, expiry or cancellation of administrative authorisations that are mandatory for the commissioning and operation of the gas installations of the business or home.
- The absence, termination or end of the agreement signed by the customer for the gas supply for the business or home.
Modification of the terms of the Agreement
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.
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.
- 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 email@example.com or by toll-free telephone at 900 670 212 or to any other toll-free telephone number that Holaluz has authorised for this purpose.
Protection of personal data
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.
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 firstname.lastname@example.org. 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.
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).
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 email@example.com, always attaching a photocopy of your ID.
Applicable law and jurisdiction
- 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.