Article 1. Applicability
These General Terms and Conditions apply to all offers, listings, reservation agreements and services provided by PSS GROUP SPAIN SL, trading as Spanish Casa, to any person searching for rental housing on the Costa Blanca through our platform, hereinafter referred to as the 'Client'. By submitting a rental application or a reservation through the platform, the Client accepts these conditions.
Article 2. Definitions
2.1.PSS GROUP SPAIN SL (Sociedad Limitada), trading as Spanish Casa: a rental agency (agencia inmobiliaria) registered with the Registro Mercantil de Alicante, NIF B54289798, with registered office at Carrer de Carlos Benimeli 14, 03730 Xàbia (Alicante), España, operating through the web address https://www.spanishcasa.es, hereinafter referred to as the 'Agency'.
2.2.Client: any natural or legal person who uses the Agency's platform to search for, apply for or reserve rental housing offered through the Agency's portfolio.
2.3.Intermediation (intermediación inmobiliaria) means: the Agency's best-efforts activity of bringing the Client into contact with landlords (arrendadores), managing viewings, applications and reservations, in accordance with the rules on services and mandate of the Spanish Civil Code (Código Civil, arts. 1544 y ss. and 1709 y ss.) and the real-estate agency regulations applicable in the Comunitat Valenciana.
2.4.Long-term tenancy (arrendamiento de vivienda habitual): a tenancy governed by Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (LAU), as amended by Real Decreto-ley 7/2019 and Ley 12/2023.
2.5.Winter let / seasonal tenancy (arrendamiento de temporada): a tenancy for a specific season (typically October to May) governed by art. 3.2 LAU as a use distinct from permanent residence (uso distinto del de vivienda). It does not create the rights of a vivienda habitual tenancy, such as the mandatory prórroga described in Article 7.
2.6.Provisions deviating from these conditions form part of an agreement only if expressly agreed in writing.
2.7."In writing" includes email and communications sent through the Agency's platform.
2.8.The Agency may update these conditions when regulations change; the version in force at the time of the Client's application applies.
2.9.If any provision is held invalid, the remaining provisions remain in full force.
Article 3. Agreements, Applications
3.1.Oral statements bind the Agency only after written confirmation, or once execution has begun with the Client's consent.
3.2.Submitting a rental application does not guarantee a tenancy; every application is subject to approval by the landlord.
3.3.A reservation agreement, where used, is a separate written document; its refund conditions prevail over these general conditions for the reserved property.
Article 4. Client Obligations
4.1.The Client must provide the requested information and documents (identity document or passport/NIE, proof of income or pension, recent bank statement, and the documents applicable to the Client's situation: employed, self-employed / autónomo, student or retired) truthfully, completely and on time.
4.2.The Client shall cooperate in good faith with the application, viewing and contract process and shall not bypass the Agency to contact landlords of properties presented by the Agency.
4.3.Providing false or misleading documents entitles the Agency to reject or cancel the application and to inform the landlord concerned.
4.4.The Client is responsible for attending arranged viewings or cancelling them in reasonable time.
4.5.If the Client fails to fulfil these obligations, the Agency may suspend or terminate its services for that application.
Article 5. Personal Data (RGPD / LOPDGDD)
The Client's personal data are processed exclusively to manage applications, reservations and tenancies, in accordance with Regulation (EU) 2016/679 (RGPD) and Ley Orgánica 3/2018 (LOPDGDD). Data are shared only with the landlord of the property applied for and with service providers strictly necessary to perform the service (payment and document processing). The Client may exercise the rights of access, rectification, erasure, restriction, portability and objection by writing to hola@spanishcasa.com. Documents uploaded to the Client's personal wallet remain under the Client's control and are not deleted by application cleanup processes; they are deleted 12 months after the Client's last contract ends, or earlier on request.
Article 6. Progress, Execution of the Service
6.1.The Agency performs its services in an expert, careful manner and in accordance with the professional standards applicable to real-estate agencies in the Comunitat Valenciana.
6.2.The Agency cannot begin processing an application until it has received all required information and documents.
6.3.Approval decisions on applications are made by the landlord; the Agency communicates the outcome to the Client, normally within one to two working days.
Article 7. Duration of Tenancies, Prórroga, Fianza
7.1.Long-term tenancies (vivienda habitual) are governed by the LAU. Whatever initial term is agreed, the tenant is entitled to mandatory annual extensions (prórroga obligatoria) up to a minimum of 5 years (7 years where the landlord is a legal person) under art. 9 LAU as amended by RD-ley 7/2019.
7.2.The legal deposit (fianza) for a vivienda habitual tenancy is 1 month's rent (art. 36 LAU). The landlord deposits the fianza with the competent body of the Generalitat Valenciana, and it is returned at the end of the tenancy subject to the condition of the property.
7.3.For vivienda habitual tenancies of up to 5 years (7 where the landlord is a legal person), any additional guarantee (garantía adicional) agreed on top of the fianza may not exceed 2 months' rent (art. 36.5 LAU, as amended by RD-ley 7/2019). This statutory cap does not apply to seasonal tenancies (temporada), where any guarantee is as agreed in the contract.
7.4.Winter lets (October–May) are seasonal tenancies (arrendamiento de temporada, art. 3.2 LAU). They end on the agreed date, do not carry the prórroga rights of Article 7.1, and their deposit is 2 months' rent as set by art. 36 LAU for uso distinto del de vivienda. The Agency identifies clearly in each listing and contract whether a tenancy is offered as vivienda habitual or as temporada.
Article 8. End and Cancellation of the Service
8.1.The service relationship for an application ends through:
- conclusion of a tenancy agreement for the property applied for
- rejection of the application by the landlord
- cancellation by the Client
- cancellation by the Agency
8.2.The Client may withdraw an application at any time in writing, at no cost.
8.3.Where a reservation payment has been made, the refund conditions of the reservation agreement apply, including the full refund before or after the viewing where so agreed.
8.4.Termination of the service gives neither party a right to compensation, unless the termination results from the other party's breach.
Article 9. Fees and Payments
9.1.No agency fees for tenants. In accordance with Ley 12/2023, de 24 de mayo, por el derecho a la vivienda, the costs of real-estate intermediation for housing tenancies are borne by the landlord (arrendador). The Client, as home seeker, does not pay the Agency any brokerage fee, commission, application fee or penalty for the intermediation service. The Agency's services to home seekers are free of charge.
9.2.Amounts the Client does pay are limited to those belonging to the tenancy itself: the rent (including any advance rent agreed in the reservation), the legal fianza and, where applicable, the garantía adicional described in Article 7. These amounts are stated in the invoice issued by the Agency on behalf of the process and are held safely until the tenancy is confirmed, under the conditions of the reservation agreement.
9.3.Invoices issued for residential rent are exempt from VAT under art. 20.Uno.23º of Ley 37/1992 del IVA, where that exemption applies.
9.4.If any amount properly owed under a tenancy or reservation remains unpaid after its due date, statutory default interest (interés legal de demora) accrues in accordance with Spanish law from the date of formal demand. No fixed extrajudicial collection surcharge applies; only costs recognised by Spanish law and, where applicable, by the courts may be claimed.
9.5.Before receiving the keys, the tenant must have signed the tenancy agreement and paid the first rent and the fianza (and garantía adicional, if agreed).
Article 10. Liability
10.1.The Agency acts as intermediary and, unless expressly stated otherwise in the contract, is not a party to the tenancy agreement between landlord and tenant, and is not liable for the landlord's performance of that agreement.
10.2.The Agency performs its duties with the care expected of a professional real-estate agency, but does not accept liability for indirect damage, loss of profit or consequential loss resulting from acts or omissions of the Agency, its personnel or engaged third parties, except in cases of intent (dolo) or gross negligence (negligencia grave), for which liability cannot be excluded under Spanish law.
10.3.The Agency is not liable for damage caused by acts or omissions of the landlord or other third parties to the tenancy.
10.4.Where the Agency is liable, its liability is limited to the amounts covered by its professional liability insurance or, failing that, to direct damage proven by the Client.
10.5.The Client must inspect the property at the viewing; visible defects accepted at the signing of the tenancy are a matter between tenant and landlord. Nothing in this article limits the rights that consumers hold under mandatory Spanish consumer-protection law (Real Decreto Legislativo 1/2007).
Article 11. Force Majeure
Neither party is liable for failure to perform its obligations when performance is prevented by events that could not have been foreseen or, if foreseeable, were unavoidable (fuerza mayor, art. 1105 Código Civil), such as natural disasters, fires, general failures of telecommunications networks, strikes or acts of public authority. The affected party shall inform the other without undue delay and obligations are suspended while the event lasts. Payment obligations already accrued are not affected.
Article 12. Assignment
The Client may not assign or transfer the rights and obligations arising from the service relationship with the Agency without the Agency's prior written consent. The Agency may assign the agreement to a company of its group or to a successor of its business, provided the Client's rights under these conditions are not reduced; the Client will be informed of any such assignment. Any subrogation or assignment of the tenancy agreement itself is governed by the LAU and by the tenancy contract, not by these conditions.
Article 13. Amendments to these Conditions
The Agency may amend these conditions for legal, regulatory, technical or organisational reasons. The version in force is always published at https://www.spanishcasa.es. Amendments do not apply retroactively: each application or reservation is governed by the version in force at the time it was submitted, as stated in Article 2.8. Where an amendment materially affects an ongoing service, the Client will be informed and may withdraw the application at no cost under Article 8.2.
Article 14. Language
These conditions are drawn up in Spanish and English. The English version is provided for the Client's convenience and information. In the event of any discrepancy or dispute over interpretation, the Spanish version (versión española) prevails.
Article 15. Competent Court, Applicable Law
15.1.All agreements between the Agency and the Client, and these conditions, are exclusively governed by Spanish law, in particular the Código Civil, the LAU (Ley 29/1994), RD-ley 7/2019 and Ley 12/2023.
15.2.Disputes are submitted to the Spanish courts. Territorial jurisdiction lies with the juzgados of the judicial districts of Xàbia/Dénia (Alicante) where the property or the Agency's office is located, without prejudice to any mandatory consumer-forum rules that give the Client the right to litigate before the courts of their own domicile in Spain.
15.3.Contact for questions or complaints: PSS GROUP SPAIN SL (Spanish Casa), Carrer de Carlos Benimeli 14, 03730 Xàbia (Alicante), +34 610 15 13 06, hola@spanishcasa.com.