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General Conditions

GENERAL CONTRACTING CONDITIONS FOR DOMESTIC CUSTOMERS AND OWNERS’ ASSOCIATIONS OF HOLALUZ-CLIDOM, S.A. (HOLALUZ)

Although this document is a legal contract, we have tried to draft it so that it is clear. We have written a summary of each clause to make it more understandable. If after reading the contract you have any questions, you can contact us by sending an email to hola@holaluz.com. It will be a pleasure to help you.

  1. Object of the Contract

    In Holaluz we are going to supply you with renewable electricity at your supply point (CUPS), whether it comes from the general grid or from proximity renewable installations.

    1. The object of this Contract (the “Contract”) is the supply of electricity by HOLALUZ-CLIDOM, S.A. (hereinafter “Holaluz” or “Marketer”) at the CUPS (Unified Supply Point Code) indicated by the Customer in the Particular Conditions and based on what is established in these General Conditions.

    2. Holaluz guarantees the Customer that said electricity supply will always be of 100% renewable origin. Holaluz may decide at any time the origin of said renewable energy, carrying out on behalf of the Customer as many procedures as necessary for this, including the contracting of proximity energy coming from distributed generation systems in internal networks, direct lines, or through the grid, by means of their respective sharing agreement.

    3. Through the validation of this Contract, the Customer: (i) expressly accepts, and as the only modality, the joint contracting of the acquisition of electrical energy and access to the distribution network (ATR) through Holaluz, who will be empowered to offer and bill a global price comprising both concepts (energy acquisition and network access contract); (ii) authorizes and grants sufficient power to Holaluz so that it acquires for all purposes their legal position as the Customer’s agent before the Distribution Company in the distribution network access Contract or manages the termination of previous supply Contracts, regardless of their modality, or so that, where appropriate, it subscribes the distribution network access Contract with the Distribution Company; (iii) authorizes Holaluz to represent them before the CNMC (or, where appropriate, the competent Administration) for the purposes of changing supplier or any other type of claim in defense of their rights as a consumer; (iv) authorizes and grants sufficient power to Holaluz so that it carries out as many steps as necessary before any energy marketing entity with which the consumer had (or had had) contracted the electricity supply and for the purposes of being able to comply with the Contract, and (v) empowers Holaluz to carry out all necessary procedures to subscribe supply contracts in their name through distributed, shared, and proximity generation for the purposes of article 9 of Royal Decree 244/2019.

      Notwithstanding the referred mandate, the Customer shall remain the holder of the Access Contract, maintaining before the Distribution Company all rights and duties, legal and contractual, and, in case of termination of this Contract, shall remain the holder of the guarantee deposit that might exist. To this end, the Customer, with the validation of this Contract, undertakes not to terminate, rescind, or novate the distribution network access Contract that the Marketer formalizes in their name, as long as this Contract remains in force, all without prejudice to the full effectiveness of their right to change supplier in the terms provided in current regulations.

    4. This supply Contract is of successive tract and personal character. The Customer declares to be over eighteen years of age, to be the owner or to be in legitimate possession of the property in which the supply is made, to have the necessary powers to sign this Contract, and to be the effective user of the supplied electrical energy, which may not be used for uses other than those for which it was contracted, nor ceded, nor sold to third parties, except in legally provided cases.

  2. Distance Contracting

    In Holaluz everything is electronic. Contracting is done through digital channels and you can access your contractual conditions whenever you want through your Client Zone on our website.

    1. By express decision of both parties, this Contract is concluded electronically, through the website owned by Holaluz (www.holaluz.com), and is understood as perfected with the express acceptance by the Customer expressed through the registration process and form, which includes their choice of tariff and all data provided by them. The Contract may be formalized in Spanish, Catalan, or English.
    2. Alternatively to the form of contracting provided in the previous clause, the Customer may supply Holaluz by telephone or in person with their personal data, including their email address, and the choice of tariff. Holaluz will send by email to the address provided by the Customer the Particular Conditions in accordance with the telephone indications and a copy of these General Conditions. The Customer must accept, by means of express validation via email, the conclusion of the Contract under the conditions sent by Holaluz.
    3. A copy of these General Conditions will be permanently accessible in the Client Zone of the web www.holaluz.com, through personalized access for the Customer with the keys that they receive via e-mail at the moment of confirming their Contract.
  3. Supply Point (CUPS) and Metering Equipment

    The CUPS is the code of the electricity delivery point. The metering equipment (meter) is what informs us of consumption or generation readings. Yes, this is the device you undertake not to manipulate ;) Furthermore, if we need it for justified causes, you must give us access to your installation.

    1. The supply point is the connection or delivery point located in the Customer’s installation where the electricity consumption measurement is made, for which the Customer must have metering equipment, either owned or rented, that complies with the legally established technical requirements and serves to perform the reading of their consumption, with the Customer being responsible for its custody, good use, and non-manipulation thereof.
    2. In the case of rented equipment, the price that Holaluz will bill for it will be the one that the Distribution Company bills it at any given moment.
    3. The Customer shall immediately notify Holaluz of any incident that they may detect in the metering equipment.
    4. It will be the Distribution Company who performs the connection of the installations and metering equipment, all within the terms and conditions established legally.
    5. The Customer guarantees physical access to their installation, both to Holaluz and to the Distribution Company and to the employees or contractors of both, who, duly accredited, must be able to access the supply point and the metering equipment in order to perform the installation, reading, maintenance, checks, verifications, and any other activities necessary for the correct provision of the contracted service.
    6. The Customer shall not manipulate the metering equipment.
    7. In case of failure or deficient operation of the metering equipment, which does not allow obtaining or reading consumption data for any period, Holaluz will perform an estimation of the energy consumed by the Customer, according to the provisions of clause 7.2.
  4. Quality and Continuity of Supply

    Holaluz will ensure that the Distributor, responsible for the quality and continuity of your supply, complies with the minimum required levels. Holaluz will pass on any bonus, discount, and/or compensation made by the Distributor.

    1. The quality of supply will conform to that defined in the regulations in force at any time, attending to the continuity of supply and the quality of the supplied product, ultimate responsibility of the Distribution Company. Holaluz will ensure that the Distribution Company complies with the minimum quality levels legally required, defending the Customer’s interests before the electrical Distribution Company otherwise.
    2. The maximum powers that the Customer may consume will be established according to current legislation in this regard. The nominal voltage and the powers contracted by the Customer and for which the supply is made are those indicated in the Particular Conditions.
    3. Holaluz undertakes to process before the Distribution Company and to transfer to the Customer the bonuses, discounts, and/or compensations that correspond and are applied by the Distribution Company for incidents in its network, all in accordance with the regulations in force at any time.
    4. In accordance with the provisions of the Electricity Sector Law and its development regulations, the customer declares to know that the Distribution Company is solely responsible for the maintenance of the distribution network and for the quality and continuity of supply. Holaluz, by virtue of the foregoing, will at no time be responsible for the lack of quality or continuity of supply or for the damages that the Customer may suffer as a consequence of interruptions, supply cuts, overvoltages or voltage drops, etc. In these cases, the Customer will direct preferably any extrajudicial or judicial claim related to the quality and continuity of supply to the Distribution Company with which they have contracted access to the network of their Supply Point (CUPS). Holaluz undertakes to facilitate to the Customer, if they request it, the identity and address of the Distribution Company with which it has contracted access to the network. In the event that the Customer directs the claim to Holaluz, the latter reserves the right to repeat against the Distribution Company.
  5. Modification of ATR Contract Conditions

    You can request all the changes you need in your supply (power, tariff…). Anyway, Holaluz will always be pending to carry out all those necessary modifications that benefit your supply, assuming the cost when it is our decision.

    1. Within the limits of the authorization granted by the Customer (see clause 1.3 of this Contract), Holaluz may modify the conditions of the ATR Contract before the Distribution Company provided that they do not affect the quality and guarantee of the Customer’s electrical supply, to guarantee the good end of the Contract, either at the Customer’s request or on its own initiative. Such changes may be in the contracted power, in the contracting of energy coming from proximity distributed generation, fixing and/or altering the sharing coefficients, the request for the installation of a maximeter or new metering equipment, or changes in the access tariff (time discrimination, super-valley tariff for electric vehicle, etc.). In case such changes have not been expressly requested by the Customer, but Holaluz has been the decision-maker, it will also be Holaluz who will assume the cost for the connection rights thereof (see also clause 6.9). Holaluz will inform the Customer of any change made to the access tariff 15 calendar days in advance (unless for duly justified technical reasons, this notice cannot be maintained). Notwithstanding the referred substitution or possible requested changes, the Customer will continue to maintain before the Distribution Company all rights relative to the Access Contract and, in case of termination of this Contract, will remain the holder of the guarantee deposit that might exist. The Customer accepts that at the time of termination of the Contract with Holaluz, they will maintain the contractual conditions they had at that time, with the Customer directly assuming the cost of any contractual change they decide at that time or in the future.
  6. Price and Tariffs

    The price on your bill includes the cost of energy, the access fee, the meter rental, other management services with the distributor, and other system costs. And of course, all this goes with applicable taxes. Ah! In case the energy price changes, we will notify you sufficiently in advance so you are aware :)

    1. The price that the Customer is obliged to pay to Holaluz includes the payment of electrical energy, according to the tariff chosen by the Customer and collected in the Particular Conditions, the taxes applicable to the supply of electrical energy, which will always be borne by the Customer and, where appropriate, the rental of equipment and management services with the Distribution Company.

    2. Likewise, Holaluz will pass on in its invoice to the Customer the corresponding access tariff and as indicated by the Distribution Company, as well as any other legally provided concepts and the concepts that correspond to be received by the Distribution Company but whose collection is carried out by the Marketer (such as, for example, and non-exhaustively, invoices resulting from inspection or fraud procedures).

    3. The part of the regulated supply tariff (on power and energy) may vary due to the modification of any regulated values that the Administration may approve during the validity of this Contract and which will be transferred to the Customer by Holaluz. Holaluz will directly pass on such changes in the regulated concepts, according to the ATR tariff that the Customer actually has at the time of the change, and not according to their tariff at the time of contracting.

    4. The part of the supply tariff not regulated by regulations (on power and energy) may be modified, in which case Holaluz will communicate it to the Customer with thirty (30) calendar days’ notice prior to the entry into force of said modification. If the modification implies a price increase, the Customer may terminate the Contract without penalty by communicating it in writing to clientes@holaluz.com or through the web form at www.holaluz.com, within fifteen (15) calendar days following the receipt of the referred communication. If the Contract is not terminated within the set period, the modification will be understood as accepted by the Customer.

    5. In the event that there are other components for the measurement of electricity (transformers, ICP, etc.) that are under a rental regime, the prices to be billed for said rental will be those legally in force that the Distribution Company bills to Holaluz at any given moment. If additional measurement services were agreed upon, or if Holaluz were the owner of the metering equipment installed under rental regime at the Customer’s Supply Point, its prices will be reflected in the Particular Conditions.

    6. Any cost derived from any actions on the metering equipment and/or Customer’s installations that must be developed by decision of the Distribution Company or the Customer, will be at their exclusive expense.

    7. The energy tariff within other system costs includes the so-called Demand Adjustment Components (CAD) for a value of €15.00/MWh. These items include, among others, Technical Restrictions and Adjustment Services.

      Quarterly (or per billing cycle). In the event of variations in the value included in the tariff of more than 20%, these costs will be adjusted according to the average values published by Red Eléctrica de España (REE):

      • Upward adjustment: If the actual cost exceeds the base value by more than 20%, the difference will be passed on to the Customer.
      • Downward adjustment: If the actual cost is less than the base value by more than 20%, the resulting difference will be credited.

      This update mechanism does not alter the agreed commercial conditions, and any variation that may be applicable during the term of this Contract will be automatically transferred to the supply prices to the extent that they are applicable, without this being considered a modification of the contractual conditions under the terms established in clause 16 on “Modification of the General and Specific Conditions” of these General Conditions. This mechanism is calculated on the basis of consumption measured at the Central Bars (meter reading + transmission and distribution losses), including the current loss coefficients. Public information can be verified on REE’s website esios.ree.es.

    8. Variations in access tariffs and any other variation, modification of other concepts, activities, and regulated values or approval of new costs or concepts affecting the supply activity (such as, among others, the cost corresponding to the social bonus, the financing cost of the National Energy Efficiency Fund, or the potential cost of the National Fund for the Sustainability of the Electricity System in case it is finally approved, among others) that were applicable during the period of validity of this Contract, will be automatically transferred to the supply prices to the extent that they apply to them, without this being considered a modification of the contractual conditions in the terms established in clause 16 on “Modification of General and Particular Conditions”, of these General Conditions.

    9. Likewise, according to current regulations, Holaluz will bill, for the concepts described below, what the Distributor bills it, and which, at the time of this Contract, amount to the amounts indicated, without prejudice to the fact that said regulated costs may vary by regulation: (i) connection rights or action on metering equipment, in case of registration, increase or decrease of power and change of tariff or modification of the contract to avail of self-consumption, 9.04 EUR + VAT (total: 10.94 EUR); (ii) access rights, in case of new registration or power increase, set at 19.70 EUR/kW contracted + VAT (total 23.84 EUR/kW); (iii) extension rights, in case of new registrations or power increase, set at 17.37 EUR/kW contracted + VAT (total 21.01 EUR/kW); (iv) verifications, for installations over 20 years old, with a cost of 8.01 EUR + VAT (total 9.69 EUR); (v) guarantee, for new registrations, power increases or changes of holder, with a cost equivalent to the theoretical monthly billing corresponding to fifty hours of use of the contracted power. The tax levied on the supply may vary depending on the location of the supply point, with IGIC being applicable in the Canary Islands and IPSI in the Cities of Ceuta and Melilla.

  7. Billing

    We will issue the invoice every month and send it to you by email, within 15 calendar days after the end of the month. If you have contracted a prepaid modality, the invoice will be issued in advance, with an annual regularization based on your actual readings. Keep in mind that in case of not having actual readings, what we will do is an estimation of your consumption. And also, if you ask us, every month we can send you a pre-invoice so you can check that everything is correct (or correct it) before the final invoice arrives.

    1. Consumption billing will be carried out on a monthly basis for expired calendar months which will be billed within fifteen (15) calendar days after the end of each month and will comprise all consumption occurring up to the date of issue of the invoice that has been the subject of reading and billing by the Distribution Company or estimated by Holaluz or, where appropriate, up to the termination of the Contract occurring in said period for any cause including withdrawal and/or resolution thereof. In case of effective cancellation, the date communicated by the Distribution Company to Holaluz as the service termination date will be taken into account. Notwithstanding the foregoing, billing may also be done in advance, according to the modality determined in the Particular Conditions and with the regularizations at the end of the period that correspond.
    2. The reading of consumption based on which the invoice will be issued is that performed by the Distribution Company, legally responsible for its realization. In the event that the actual reading is missing at the time of billing, the Customer expressly authorizes Holaluz to bill an estimated amount, based on the same month of consumption of previous years adjusted by the trend of the current year and other external factors related to energy consumption (such as, for example, weather). Once Holaluz has the actual consumption readings, the corresponding adjustment will be made in the following invoice.
    3. The Customer authorizes Holaluz to bill them for the kWh consumed from a proximity distributed generation installation, managed by Holaluz, in the same invoice and under the same economic conditions established in the particular conditions. Prior to the issuance of the invoice, Holaluz, and provided that the modality determined in the Particular Conditions allows it, may send the Customer a pre-invoice including all billed concepts and will allow the Customer, in case of disagreement with the billed consumption, to send their own consumption reading to clientes@holaluz.com. Holaluz will issue the invoice with the actual consumption reading communicated by the Customer, unless it is manifestly inconsistent with the Customer’s own previous consumption history.
    4. The invoice issued by Holaluz will detail all legally required concepts and will provide information to the Customer about the origin of the supplied energy, the environmental impacts of the different energy sources and the proportion used of each of them (renewable, combined cycle, coal, nuclear, cogeneration…). In the event of non-payment by the Customer, Holaluz may add the amount owed in the following invoice.
    5. The Customer expressly accepts, for the purposes of the provisions of Consumer Protection regulations, that the invoice be issued electronically, which they can access from their client zone. The Customer will receive an email to the address they have indicated informing them that their invoice is now available in the client zone and its amount. The Customer will have the history of the last year of invoices accessible at all times through the client zone.
  8. Payment

    Very simple. You undertake to pay our invoices by direct debit and we to deliver 100% green energy. We will always try to help you pay the invoices, but, if, even so, there is a non-payment on your part, we reserve the right to use other forms of payment and transfer to you the return costs plus interest, among others.

    1. The Client undertakes to pay the invoices issued by Holaluz. The payment shall be made by bank direct debit to the account indicated by the Client in the Particular Conditions and which the latter is obliged to communicate to their banking entity.However, as an exception to the previous rule, in the event that the client fails to pay at least one invoice, Holaluz may establish alternative payment forms for subsequent invoices, such as charging them to the Credit Card from which the previously unpaid receipt was paid.
    2. The payment shall be made on the date on which the banking entity receives the communication from Holaluz with the amount to be paid by the Client. This is without prejudice to the faculty of Holaluz to suspend the supply and/or terminate the present Contract, in accordance with clauses 9 and 13. In the event of the return of the direct debit of the invoice payment, Holaluz shall pass on to the Client both the bank expenses generated by the return and the administrative costs and costs of any kind generated by the subsequent claim to the Client for the unpaid debt, which shall be proportional to the unpaid amount. All amounts owed and unpaid shall be considered overdue and liquid debt and shall automatically accrue late-payment interest in favor of Holaluz, which are fixed at the legal interest rate of money plus 2% annually on the amounts owed and which shall accrue on a day-to-day basis.
    3. Allocation of payments: prior to the payment of the principal, the late-payment interest and other expenses that, where applicable, were due must be paid by the Client. In the event that the Client had contracted other services with Holaluz and partial payments were made, it shall be the Client’s faculty to declare to which of the debts the payment must be applied, under the terms established in the Civil Code. In case the Client does not exercise this faculty and once the interest and expenses are covered, payments shall be allocated to the oldest overdue invoices of any supply or service provided by Holaluz.
    4. If the Client has problems paying the invoice, he/she may contact Holaluz immediately, through clientes@holaluz.com, and Holaluz will try to help him/her find alternative payment methods to pay the invoices.
  9. Suspension of Supply

    We will always try to reach an agreement so you can pay your invoices. But if after the legally provided period you continue without facing the payment of any of your invoices, and we have formally required your payment, although we do not like to do it, we may ask the Distributor for the suspension of your supply.

    1. Holaluz may order the Distribution Company to suspend supply to the Customer, in accordance with current regulations, when the legally provided period for each type of consumer has elapsed since they had been formally required to pay, without it having been made effective. The suspension of supply due to non-payment will not exempt the Customer from paying the amount owed, with the interest and surcharges that, where appropriate, may correspond. Likewise, in case of suspension due to non-payment, the reconnection of the supply will not occur until the customer has made all owed payments, accrued interest, and expenses caused by the suspension and eventual reconnection of the supply. Furthermore, Holaluz may request the Customer to deposit guarantees or make a prepayment equivalent to two months of supply before requesting the reconnection of the supply. During the period of supply suspension, the Customer will remain responsible for the payment of concepts derived from the network access contract with the Distribution company, such as power, meter rental, or any other that occurs despite the suspension of supply. In case of verifying the payment of all owed concepts, Holaluz will communicate it within a maximum period of 3 business days to the Distribution Company so that it proceeds to reconnection within the period established in current regulations. The Distribution Company will be solely responsible for the reconnection, according to current regulations.
    2. Likewise, the Distribution Company, directly or by order directed to it by Holaluz, may proceed to the suspension of supply in the following cases: (i) in cases of force majeure or fortuitous event; (ii) when it is essential for maintenance, repair of installations or improvement of the service or for safety reasons; (iii) when, by the Customer or with their knowledge, direct hookup/s have been made without prior contract, deviation/s have been established to supply energy to an installation not provided for in the Contract; manipulation/s of the metering or control equipment have occurred or its correct operation is avoided; (iv) in case that reasonably, and always according to current regulations, Holaluz or the Distribution Company consider that the Customer’s installation is a dangerous installation; (v) by resolution of the Contract; and (vi) in all those cases provided for in current regulations. In the assumptions provided in section (ii) suspension will require prior administrative authorization and communication to the Customer according to current regulations, unless such actions come from the System Operator and aim to guarantee the security of supply. In the assumptions provided in section (iii) if there is no objective criterion to issue billing, it will be issued billing an amount corresponding to the product of the contracted power, or which should have been contracted, for six hours of daily use for a year, without prejudice to criminal or civil actions that may be filed.
    3. Holaluz may exercise at any time its right to terminate this Contract for non-payment by the Customer according to the provisions of clause 8.2 and clause 13.1.3.
    4. What is established in this Clause is understood without prejudice to the specialties provided for essential supplies, according to current regulations.
    5. Alternatively to ordering the suspension of supply, Holaluz may, in case of breach of this contract by the Customer and if it deems it appropriate given the circumstances, request the change of the Customer to the Reference Marketer for the supply regarding which the contractual breach occurs.
  10. Claims

    At Holaluz we like to be honest and transparent with you, and you can be too, of course. That is why you can claim whatever you consider appropriate and we will always be available to attend to your requests.

    1. The Customer may formulate claims to Holaluz through all communication channels established for this and permanently updated at www.holaluz.com; this is both by post addressed to “CUSTOMER SERVICE - CLAIM” at Holaluz offices in Barcelona; in writing to the email address clientes@holaluz.com, as well as by written communication via web form: www.holaluz.com or by phone at the toll-free number 900 906 021 or at any other phone number that Holaluz had enabled for this purpose.
    2. The Customer, by validating the Contract, manifests their knowledge about the conflict resolution procedures in matters of electricity consumers provided for in current regulations. Specifically, they manifest their knowledge about the possibility of resorting to extrajudicial procedures provided in applicable regulations such as the consumer arbitration system, as well as procedures established by the Autonomous Communities and the possibility of submitting controversies referring to their specific rights as final users of electrical energy to the Ministry of Energy, Tourism and Digital Agenda. Likewise, in accordance with European Law, information is provided on the existence of the European Commission’s online dispute resolution platform, accessible at the following link: http://ec.europa.eu/consumers/odr/.
      In compliance with the provisions of the Law on Alternative Resolution of Consumer Disputes, Holaluz, as an adhered entity and in the terms of the Code of Ethics, informs that the Customer may go to the National Consumer Arbitration Board for the alternative resolution of possible disputes: https://www.mscbs.gob.es/consumo/resolucionConflictos/sistemaArbitral/home.htm
    3. Holaluz does not tolerate violence, physical or verbal aggression, or written abuse towards workers. If this occurs, Holaluz will take legal action or report it to the police.
  11. Duration

    Our contract will last one year and will be extended annually. But that doesn’t mean you have a permanence clause, far from it! At Holaluz we work every day so that you are comfortable with us, but if that doesn’t happen, whenever you want, you can change companies.

    1. This Contract will enter into force at the moment of its validation and the subscribed conditions will have an initial duration of one (1) year counting from the start of supply to the Customer. Upon completion of the initial duration period, this Contract will be automatically extended for periods of one (1) year duration if neither party notifies the other, in writing (in the case of the consumer, preferably communicating it in the Client area of www.holaluz.com), their will to terminate it as established in the following clauses.
    2. During the first year, the Customer may unilaterally terminate this Contract at any time, communicating it in writing to Holaluz with thirty (30) calendar days’ notice. If the termination occurs after the first year has elapsed, the Customer may terminate the Contract with 15 calendar days’ notice without penalty.
    3. Holaluz may unilaterally terminate this Contract at any time, communicating it in writing to the Customer with thirty (30) calendar days’ notice. However, if the termination occurs after the first year has elapsed, Holaluz may terminate with 15 calendar days’ notice without penalty. The aforementioned notice periods will not apply to customers who prove that they resolve the contract to request the social bonus.
    4. Holaluz will have 15 business days from the conclusion of this Contract to verify the Customer’s solvency by consulting the files of patrimonial solvency and credit deemed convenient and under strict compliance with applicable regulations. The result of said consultation could, where appropriate, condition the entry into force of the Contract. In case of non-payment, Holaluz may communicate the Customer’s data to said files, always complying with the guarantees granted by current legislation. In case it is required by Holaluz, it may condition the entry into force of this agreement on the provision of a sufficient guarantee in the form of a deposit or bank guarantee whose amount will not exceed the estimated amount of electrical consumption for three (3) months. After the referred period without Holaluz having notified the Customer of the need to provide said guarantee, it will be considered that the Contract has acquired full effectiveness between the parties.
  12. Withdrawal

    Like any neighbor, at Holaluz you have the right to withdraw from your contract within a period of 14 calendar days, without giving explanations or justifications. However, if you have asked us to give you supply within the withdrawal period and, before it ends, you exercise your right of withdrawal, you must pay us for the days we have been giving you service… Seems fair, right?

    1. The consumer Customer acting outside a business or professional scope, as defined by art. 3 of Royal Legislative Decree 1/2007, of November 16 (Revised Text of the General Law for the Defense of Consumers and Users) or standard that replaces it, shall have the right, in accordance with current legislation and without any penalty, to withdraw from this Contract without the need to allege just cause within a maximum period of fourteen (14) calendar days from the date of its conclusion. In this case, they will communicate the revocation of the contract by withdrawal by email to clientes@holaluz.com or by post to Paseo Juan de Borbón 99-101, 4th Floor, 08039, Barcelona, using the Withdrawal Form available on the Holaluz website or any other analogous writing. If the Customer requests the activation of the supply within the withdrawal period, they must pay for the consumption made for the days they have been supplied by Holaluz.
    2. In cases of exercise of this right, Holaluz will have the right to request or retain only the amounts accrued for electricity consumption that the Customer had made up to that moment and the supply registration costs. In this case, and for the reciprocal restitution of consumed services and amounts paid, the provisions of the Civil Code and other current regulations will apply.
  13. Resolution

    As we told you before, at Holaluz we do not have a permanence clause, so you can terminate the contract whenever you want. Similarly, we can also do it, especially in case of non-payment. Mind you, you must pay all invoices issued until the date of cancellation of the contract.

    1. This Contract may be terminated:

      1. By mutual withdrawal of the parties;
      2. By withdrawal of one of the parties in the terms established in clauses 11 and 12;
      3. For breach by either party, and, in particular, for non-payment of any amount in accordance with the provisions of this Contract.
    2. In case of termination of the Contract for any cause, the Customer will in any case be obliged to pay the costs accrued until the date of cancellation of the service plus applicable interest; all this, without prejudice to the compensations that legally correspond by reason of said termination.

  14. Subrogation and Assignment

    If you wish to transfer your contract to a third party, you can do so, provided you inform us beforehand, you are up to date with payments, and the new contractor agrees. We take care of the rest. Likewise, we can do the same with other companies in our group, informing you beforehand, of course.

    1. Provided that the Customer is up to date with payments, they may transfer their Contract to a third party who is going to make use of the Customer’s installation under the same conditions agreed with them in this Contract. Once accepted, Holaluz will manage the change before the Distribution Company, the effectiveness of the transfer being conditioned to the regularization of the Access Contract, without prejudice to the application of the provisions of section 11.4 on the verification of the assignee’s solvency by Holaluz.
    2. Holaluz may assign, where appropriate, the Contract and the rights and obligations arising from it to any company of the Holaluz group or that succeeds it legally or contractually, communicating it previously to the Customer.
  15. Personal Data Protection

    Your data and your information will always be safe, what we do ask is that you always give us updated and truthful information (watch out especially with the address and the CUPS when contracting, lest by mistake the supply be changed to another person). We will only use them to provide you with our service and send you corporate commercial communications, nothing more. Furthermore, you can always exercise your rights by communicating it to lopd@clidom.es.

    1. HOLALUZ complies in the processing of personal data of its Customers with the legislation in force in Spain and in the European Union. For this, it has adopted the technical and organizational measures necessary to avoid the loss, misuse, alteration, unauthorized access, and theft of the personal data provided, taking into account the state of technology, the nature of the data, and the risks to which they are exposed. Thus, all information relating to the processing of personal data is developed in our Privacy Policy.
    2. The data controller is: HOLALUZ-CLIDOM, S.A. with NIF A-65445033 and registered office at Paseo Juan de Borbón 99-101, 4th Floor, 08039 Barcelona. The purpose is the management of the contractual relationship with the Customer, as well as, where appropriate, for sending corporate communication that may be considered of interest to the Customer.
    3. The Customer declares that all personal data provided to Holaluz are truthful and accurate, and expressly undertakes to keep them updated, sending Holaluz the appropriate notifications via e-mail to clientes@holaluz.com. The Customer must especially ensure that both the postal address and the CUPS are correct, as Holaluz has no way of verifying their veracity, and if the Customer gave a wrong address or CUPS, they would be registering a third party with Holaluz, with the Customer being solely responsible for the damages that this situation could generate.
    4. When necessary for the provision of contracted services, the Customer expressly authorizes Holaluz to communicate their personal data to third-party companies for processing for this specific purpose (e.g.: the Distribution Company).
    5. The rights of access, rectification, opposition, deletion, portability, limitation of treatment, may be exercised in writing to HOLALUZ-CLIDOM, S.A. – DATOS LOPDGDD, Paseo Juan de Borbón 99-101, 4th Floor, 08039 Barcelona, or by email to lopd@clidom.es, in both cases attaching a photocopy of your National Identification Document (ID).
  16. Modification of General and Particular Conditions

    In case we modify these conditions we will inform you with a minimum of 30 days in advance, in case you do not agree. Furthermore, your particular conditions will always prevail over these.

    1. The modification of the conditions of this Contract, unless it is a consequence of applicable regulations, will be notified to the Customer by means of the electronic contact provided by the Customer with a minimum notice of thirty (30) calendar days to its entry into force, informing them of their right to terminate the contract without any penalty if they do not agree with said modification.
    2. In case of discrepancy between the General Conditions of the Contract and the Particular Conditions, the Particular ones will prevail over the General ones.
  17. Insolvency Proceedings

    In case any of us were declared in insolvency proceedings, we must inform the other party. The request for such insolvency will be understood as a cause for termination of this contract. If it were our case, to guarantee your supply, we would transfer your contract to the reference marketer. And pending invoices will be considered against the estate.

    1. In case one of the parties voluntarily requests Insolvency Proceedings, they must notify the other party reliably as soon as possible and in any case with a minimum notice of 15 calendar days, through the communication channels provided in this contract. If the Insolvency Proceedings were declared necessarily, the Party entering into Insolvency must notify the other party reliably within the 5 calendar days following having proof of it. Any lack of communication of the Insolvency in the conditions provided in this section will imply the automatic breach of the contract. The request for said insolvency or the declaration thereof is expressly considered by the Parties as a cause for contractual termination, and if the party in insolvency were the Customer, they may be transferred to the Regulated Tariff offered by the Reference Marketer of the zone where the Customer’s CUPS is located.
    2. If the Customer were the party in an insolvency situation, whether necessary or voluntary, invoices may be issued and must be paid in advance. Likewise, any invoice issued after the judicial declaration of insolvency will be considered credit against the estate for the purposes of the Insolvency Law.
    3. In the event that it was not possible to terminate the contract attending to the interest of the Insolvency, the parties expressly acknowledge that all those debts emanating from the provision of services by this Contract, both before and after the insolvency, will be charged to the estate and of immediate payment.
  18. Applicable Legislation and Jurisdiction

    We hope never to have to use this clause. But before any conflict, we will go to the courts of your domicile, applying Spanish legislation.

    1. This Contract is governed by Spanish legislation applicable at any time and in particular, by Law 24/2013 of the Electricity Sector, its development regulations and any regulations that modify or replace it.
    2. 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 Customer’s domicile is located, all without prejudice to what is provided in clause 10.2 of the General Conditions of this Contract.

This is the complete content of the General Conditions agreed by the Customer and HOLALUZ-CLIDOM, S.A., formalized electronically and uploaded for the Customer’s use in the restricted access area of www.holaluz.com

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