General Terms and Conditions
General gas supply conditions for Clidom Energy, S.L. (holagas.com)
Purpose of the Contract
- The purpose of the contract is the supply of natural gas by Clidom Energy, S.L. (hereinafter Clidom) to the supply point of the Costumer’s installation duly identified in the Particular Terms of this contract.
- Moreover, Clidom, by express authorization granted by the Costumer in this act, will act as representative and will replace him before the Distributor in order to subscribe with the latter the corresponding contract of Third-Party Grid Access; in addition, it will represent him before the Distributor and/or the Supplier Switching Office of the CNMC to make the necessary arrangements to guarantee the contracted supply, being able to modify and cancel the contracts previously concluded by the Costumer to obtain the aforementioned supply. Notwithstanding the aforesaid replacement, the Costumer will continue to maintain all the rights related to the access contract and, in the event of the termination of this contract, it will remain the holder of the security deposit that may exist.
- This contract is personal for the Client who undertakes to use the gas contracted only in the place and in the conditions which it is contracted and not to transfer, dispose of or make available to third parties, by any means.
Long distance contracting
- By the express decision of both parties, this contract is entered into electronically through the website owned by Clidom (www.holaluz.com), and it is formalized with the acceptance by the Customer expressed through the registration process and sign-up form, which includes the tariff choice and all the data provided.
- A copy of these General Terms and Conditions will always be accessible in the Customer area on the www.holaluz.com website via a personalized login for the Customer with the credentials provided by email at the moment their contract is confirmed.
Supply point and metering equipment
- The supply point is the connection or delivery point located in the Customer's facility where the measurement of the consumption is performed, for which the Customer must have a metering device, either owned or leased, that meets the legally established technical requirements and serves to read their consumptions, the Customer being responsible for its safe-keeping, proper use, and non-manipulation.
- In the case of leased equipment, the price that Clidom will invoice for it will be always the same as the price the Distributor bills Clidom.
- The Customer will immediately notify Clidom of any incident that he may detect in the metering equipment.
- The Distributor will be in charge of connecting the equipment and the meter, within the periods and conditions legally established.
- The Customer guarantees physical access to its facility, to both Holaluz and the Distributor, as well as to their duly accredited employees who 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 actions required for the proper provisioning of the contracted service.
- The Customer will not manipulate the metering equipment.
- In the event of a failure or malfunctioning of the metering equipment, which makes it impossible to read the consumption data for any period, Clidom will estimate the gas consumed by the Customer, based on the provisions found in the following clause.
Quality and continuity of supply
- The quality of supply will comply with the regulations in force at all times, considering the continuity of supply and the quality of the product supplied. The Costumer admits that the quality of supply is ultimately the responsibility of the Distributor and, therefore, the claims must be addressed exclusively to the Distributor. Clidom will ensure defense of the interests of the Customer before the Distributor in case of quality defects.
- Clidom will process before the Distributor and transfer to the Customer the corresponding bonuses, discounts and/or indemnities that the Distributor applies for incidents on their grid, all in accordance with the regulations in force at all times.
Price and rates
- The price that the Customer is obligated to pay Clidom includes the payment for the natural gas, in accordance with the tariff chosen by the Customer and specified in the Particular Terms and Conditions, the applicable taxes that will always be borne by the Customer, and, if applicable, the leasing of equipment and the management services with the Distributor.
- Likewise, Clidom will invoice the Customer the applicable access rate in accordance with the indications of the Distributor, as well as any other items contained in the regulation which may be due to the Distributor, but the collection of which is to be undertaken by the Supplier.
- The part of the supply tariff regulated by the government may vary due to the modification of any regulated values that the Administration may approve throughout the validity of this Contract and which will be transferred to the Customer by Clidom.
- The part of the supply tariff not regulated by the government may be modified, in which case Clidom will communicate such change to the Customer fifteen (15) days prior to its entry into effect. If the modification involves an increase in price, the Customer may terminate the contract by expressing his will in writing via email to firstname.lastname@example.org or through the web form on www.holaluz.com within fifteen (15) calendar days following the receipt of the said communication, without which, the modification will be understood to have been accepted by the Customer.
- If there are other components for the metering of the gas that are being leased, the prices to be invoiced for the said lease will be those in force according to applicable regulation, which the Distributor invoices Clidom at each moment. If additional metering services were agreed upon, or Clidom were the owner of the metering equipment installed on a lease basis at the Customer's Supply Point, the prices for these will be contained in the Particular Terms and Conditions.
- Any cost derived from any actions in the Customer's metering equipment and/or facilities will be borne exclusively by the Customer.
- Consumption will be invoiced monthly for complete natural calendar months. Invoicing will be done within fifteen (15) natural days following the end of each month and will comprise all consumptions from the entire period, or if applicable, until the termination of the Contract occurred within that period for any reason, including withdrawal and/or resolution of the contract. In case of effective termination, the date communicated by the Distributor to Clidom will be taken as the termination date of the service.
- The consumption reading for the invoicing is done by the Distributor, which is legally responsible for doing so. In the event that there is no real reading at billing time, the Customer expressly authorizes Clidom to bill an estimated amount based on the consumption for the same month from previous years, adjusted to the trend for the present year. Holaluz has the real consumption readings, it will proceed to the corresponding regularization in the following invoice.
- Prior to the issuance of the invoice, Clidom may send the Customer a pro-forma invoice, which shall include all items billed and allow the Customer, should there be disagreement regarding the billed consumption, to send the consumption reading to email@example.com. Clidom will send the invoice using the actual consumption communicated by the Customer, unless said consumption is clearly inconsistent with the Customer's own previous consumption history.
- The invoice issued by Clidom will detail all of the legally required items and will provide the Customer with information on the origin of the energy supplied, the environmental impacts of the various sources of energy and the proportion used of each type of gas.
- Payment will be made by bank debit to the account indicated by the Customer in the Particular Terms, which must be communicated to the banking institution.
- Payment will be made on the date on which the banking institution receives the communication from Clidom with the amount to be paid by the Customer. All amounts pending and due will be considered as matured debt and will automatically accrue default interest for Clidom, which is set at the legal interest of money plus 3% annually over the amounts due. In the event of rejection of the bank debit, Clidom will transfer the financial costs generated from the rejection to the Customer.
Suspension of supply
- In the event of suspension of supply due to force majeur, Clidom will act on behalf and in representation of the Customer before the Distributor to request the restoration of the supply as soon as possible.
- Clidom can initiate the legal procedure for the suspension of supply in case it verifies non-payment by the Customer. Clidom may also instruct the Distribution Company to suspend the network access of the Customer until he regularizes the situation, paying the pending debt, interests and applicable charges. The supply will be restored once the debt is satisfied, as long as the Customer regularizes the guarantee deposit. Clidom may condition the acceptance of a new supply to the formalization from the Customer of a deposit for a value equivalent to the billing of three (3) natural months at the prices of the contracted tariff.
- In any case, after twenty (20) natural days from the date of expiration of the of the due date for the payment, without it having been completely fulfilled, Clidom may exercise its right to resolve the present contract for lack of payment of the Client in accordance with clause 12.
- Allocation of payments: Prior to the payment of the principal, the Customer must satisfy the default interest and other costs which may be due by the Customer. In the event the Customer had other services contracted with Clidom and partial payments were made, it will be the Customer's choice to decide which debt to allocate the payment to, in the terms laid down by the Civil Code. Should the Customer not use this power, and once the interests and costs are covered, the payments will be allocated to the matured invoices of older date of any supply or service carried out by Clidom.
- The Customer may formulate claims to Clidom through all communication channels established for this purpose, which are always up-to-date at www.holaluz.com; these can be in writing sent to “Atención al cliente - Reclamación” at Clidom’s offices in Barcelona at Paseo Juan de Borbón 99-101, 4ª Planta, Barcelona (08039); by email to firstname.lastname@example.org, as well as online via our website form: www.holaluz.com/en/contact/ or telephonically to our free number + 930 011 110 or to any other phone number that Clidom had enabled to that effect.
- This Contract will enter into effect at the time of its signing, and the agreed terms and conditions will have an initial duration of one (1) year from the start of the supply to the Customer. At the end of the initial term, this contract will be extended automatically for periods of one (1) year if neither of the parties notifies the other, in writing, (preferably, by communication through the customer area of www.holaluz.com) their wish to resolve it, as established in the clauses below.
- The Customer may unilaterally resolve from this Contract at any time, communicating his will to resolve in writing to Clidom thirty (30) business days in advance.
- Clidom may unilaterally resolve from this Contract at any time, by communication in writing to the Customer thirty (30) business days in advance.
- Clidom will have 15 business days from entering into this Contract to verify the solvency of the Customer. If so requested by Clidom, it may condition the entry into effect of this agreement to the provisioning of a sufficient guarantee in the form of a bank deposit or guarantee, the amount of which shall not exceed the estimated amount of gas consumption for three (3) months. If this period expires without Clidom having notified the Customer of the need to provide this guarantee, it shall be considered that the contract has acquired full effectiveness between the parties.
- Any consumer customer that acts outside of a business or professional scope, as defined by Art. 3 of Royal Legislative Decree 1/2007, of November 16 (T.R. of the General Consumer and User Defense Law), will have the right, in accordance with the current legislation and without any penalty, to withdraw from this contract without having to claim just cause within the maximum period of fourteen (14) business days from entering into it. In this case, the revocation will be communicated by email to email@example.com. In the cases of exercise of this right, Clidom will have the right to request or withhold the refund of the direct cost of the return of the service.
- In this case, and for the restitution of the reciprocal services used and the amounts paid, the provisions of the Civil Code and other applicable legislation will be observed.
- This contract may be terminated:
- By mutual agreement of the parties;
- By withdrawal of one of the parties communicated to the other in writing and in any way that provides proof of sending and certifies the contents of the communication, at least 30 days prior to the date in which termination is to occur.
- By breach of any of the parties, particularly for default of any amount in accordance with the provisions of this Contract.
- By delay of payment of three (3) invoices in a period of twelve (12) consecutive months.
- If the Contract is terminated for any reason, the Customer shall in any case be obliged to pay for the costs incurred until the date the service is terminated plus the applicable interest, regardless of any compensation that may legally correspond as a result of said termination.
- This contract may be terminated:
Subrogation and transfer
- If the Customer is up to date with payments, the Contract may be transferred to a third party who will use the Customer's facility under the same conditions agreed upon with the Customer in this Contract. The Customer will jointly provide Clidom a document requesting the change of ownership of the contract, duly signed by the parties and containing the personal information of the assignee, his domicile, NIF and banking details. Once accepted, Clidom will manage the change with the Distributor. The effectiveness of the transfer will be conditioned to the regularization of the access contract, notwithstanding the application of the provisions of section 10 on the verification of the solvency of the assignee by Clidom.
- When appropriate, Clidom may assign the contract and the rights and obligations arising therefrom to any company from the Clidom group that is legally qualified to provide the services of this Contract.
Protection of personal data
- All personal data provided for the preparation of this contract will be incorporated to a file owned by Clidom Energy, S.L. for the management of the contractual relationship with the Customer, as well as for the delivery of corporate communications that we may consider to be of interest to the Customer.
- The Customer declares that all personal data provided to Clidom is accurate and expressly commits to keeping it updated, issuing timely notifications to Clidom by email to firstname.lastname@example.org.
- When it is necessary for the provisioning of the services contracted, the Customer expressly authorizes Clidom to communicate their personal data to third parties for their processing for this particular purpose.
- Clidom has adopted the security measures legally established for the preservation of said personal data.
- The rights of access, correction, deletion and opposition may be exercised in writing to Clidom Energy, S.L. – Datos LOPD, Paseo Juan de Borbón 99-101, 4ª Planta, 08039, Barcelona or by email to email@example.com, in both cases attaching a photocopy of your National Identification Document (ID).
Applicable Legislation and Jurisdiction
- This contract is governed by the Spanish legislation which is applicable at any time, and particularly by Law 34/1998, 7TH October, of the Hydrocarbons Sector, its regulatory development and any regulation that may modify or replace it.
- For the resolution of any conflict regarding the interpretation and applicability of this Contract, the parties are subject to the Courts and Tribunals of Barcelona when the Customer is not a consumer, and to the place where the Customer's facility is located, when the Customer is considered as a consumer under the General Law for the Defense of Consumers and Users.
This is the complete content of the General Conditions agreed by the Customer and Clidom Energy, S.L., formalized electronically and uploaded for the Customer's use in the restricted access area of www.holaluz.com.