General terms and conditions

Canary Immo is a commercial name managed by Peter Van Bogaert, Calle Puipana 3 Block 6 1F, 35640 Villaverde, Fuerteventura Spain and VAT Y6757835N. Peter Van Bogaert independently carries out coaching and real estate assignments. In the context of these last activities, the activities around Canary Immo must be framed. The general terms and conditions (hereinafter: “Terms and Conditions”) regarding these activities are described as well as the general terms and conditions regarding the management of the website: https://www.canaryimmo.com/nl.

ARTICLE 1 - SCOPE

These General Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to services offered by us.

Since the assignments around Canary Immo are not offered to residents of a specific country, but are limited in execution to the territory of the Canary Islands, the activities around Canary Immo fall exclusively under the regulations and conditions of the Canary Islands for the performance of comparable assignments. In this context, it should be taken into account that the indicated prices and the invoicing will be carried out under the tax system of the Canary Islands. This means that the indicated prices can be increased with an IGIC of 7%.

The technical management of the website is carried out by a Belgian company, these activities are therefore subject to the applicable conditions under Belgian law.

ARTICLE 2 - OUR SERVICES, RATES AND COMMISSIONS

When you purchase a property from our portfolio, there are no costs to us for the purchase of the property for the buyer. The seller pays us a commission because he is the principal.

Check my property

You have found a dream home or real estate project yourself, but would like an independent confidential adviser to check this for you before making the crossing yourself? Great, call us in, we will make a visit and inform you of our findings. The fixed cost for Fuerteventura is €145, for Lanzarote it is €195.

If you wish to make a purchase afterwards, you can also be guided by us for this. More information can be found further on under “buying real estate”.

Exploration of the islands

If you are not yet sure where on the islands to buy property, you can take a guided tour. We divided Fuerteventura and Lanzarote into 3 areas each. The exploration of one area takes more or less 1 full day and costs €395. The price for a tour of all 3 areas of one of the islands is €995.

House hunt

For a tailor-made house hunt, Canary Immo charges a fixed price of €595. Within 6 months, we propose a minimum of 4 potential properties that match your expectations as closely as possible. If an ideal property was not found during a first search, we can of course start a second adapted house hunt, subject to the approval of both parties.

If you wish to purchase one of the properties proposed by us, a commission of 2% will be charged on the purchase price. Of course you can continue to count on our services during the buying process. More information can be found under “buying real estate”. 

Combination of regional exploration and house hunt

Discover a region and spot interesting real estate in the meantime, it's possible. In this package we combine the 2 previous trajectories. We will discover the region of your choice and, based on the house hunt we have carried out, we will combine this discovery with the presentation of a few opportunities. At a later time, the most interesting homes can be visited in detail. This formula also has a fixed investment of €895.

If you wish to purchase one of the properties proposed by us, a commission of 2% will be charged on the purchase price. Of course you can continue to count on our services during the buying process. More information can be found under “buying real estate”.

Buying real estate found during a regional exploration or house hunting

When you have found your place in the sun through our services and make a purchase, in addition to the fixed costs a commission of 2% on the purchase price will be included. For this commission, we guide you through the purchase process from A to Z. We put you in touch with the seller and/or his professional representative and provide you with the contact details of our screened but independent legal advisers. We guide you through the practical handling of the purchase and, if desired, advise you on the layout of your new place. In short, we assist you with advice and deed, up to and including the handing over of the keys.

This service is also available when you have found your dream home yourself or choose one of our preselected real estate highlights. When applying for cooperation, choose the "commercial accompaniment purchase" option here. There is no flat fee for this service, only the 2% commission on purchase.

Renovation

For advice on choosing a partner for renovation projects, we start with a free, non-binding intake meeting. If you wish to make further use of our services, we work on a commission basis. If you have worked with us for the purchase of your home this is 5%, otherwise the fee is 10% of your renovation investment.. The following services are included:

• Presenting your project to potential partners and requesting tailor-made offers.
• Providing you with your contract with the supplier of your choice.
• Assistance in initiating your cooperation with the supplier.

Would you like us to supervise the smooth progress of the works or would you like our help with the deliveries from suppliers for the furnishing and decoration of your home? For these services, we work with hourly rates, depending on the assignment. Obviously, we will discuss the number of hours to be spent with you beforehand.

We reserve the right to adjust our rates and commission system at all times.

ARTICLE 3 - PAYMENT 

All our invoices are payable within 14 days of receipt unless and until another due date is indicated. 

When carrying out a specific search or a regional inspection, we work with a fixed lump-sum fee. These activities will only commence after receipt of the fixed fee.

When our house hunt results in an effective purchase, we will invoice the applicable commission. The invoice must be paid before we put you in touch with the seller. We will then help you to finalize the deal completely. The fixed costs of regional prospecting and/or house hunting will be deducted from the balance to be paid.

A similar way of working applies if you wish to respond to a quote requested by us for furnishing, renovation or other works. Here too, the relevant commission will be invoiced and must be paid before we put you in touch with the supplier or contractor.

It is the customer's responsibility to make payments as quickly as possible. Missing out on a deal by dragging on the indicated procedures can never be recovered from us.

We commit ourselves to crediting the commission invoice and refunding in full the commission already paid if a deal does go off due to the seller's actions. Fixed costs already paid in the context of a regional prospection and/or a house hunt are of course excluded and deducted from this reimbursement.

Please note that for any delay in payment, the customer will owe default interest of 1% per month commenced from the due date of the invoice, ipso jure and without prior notice of default, whereby each month commenced is a full month. , without prejudice to any fees and costs. Also, by operation of law and without prior notice of default, a fixed compensation amounting to 10% of the invoice amount with a minimum of EUR 250 shall be payable as a penalty clause, without prior notice of default and on top of the principal sum, the interest on arrears, collection, demand, follow-up and expenses as a result of loss of time and judicial or legal expenses. This damage clause shall not affect the obligation to pay the stipulated interest on arrears. 

Disputes must be submitted to us by electronic mail within five working days after sending the invoice, on pain of inadmissibility. (contactcanaryimmo@gmail.com)

ARTICLE 4 - DURATION OF THE AGREEMENT AND TERMINATION

Our agreements are entered into by mutual agreement given by electronic writing. The agreement can be terminated at any time by us unilaterally and without judicial intervention if the client is in a state of bankruptcy or judicial composition or if the client fails to pay his invoices. 

ARTICLE 5 - INTELLECTUAL PROPERTY RIGHTS AND USE OF WEBSITE

Our website, logos, texts, pictures, names and in general all our communications are protected by intellectual property rights which lie either with us or with our suppliers or other entitled parties.

Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether patentable or not.

It is prohibited to make use of and/or change the intellectual property rights as described in this article. For example, the customer may not copy or reproduce our drawings, photographs, names, texts, logos, colour combinations, etc. without our prior and express written consent.

Unless expressly stipulated otherwise, the pages and simulations that the visitor consults or obtains, whether or not via the applications listed on the website, are purely informative. All data on the site are maintained with the greatest care, trying to use only reliable sources. However, given the rapid evolution and complexity of some matters, we cannot guarantee the accuracy and completeness of the information provided on our website or other social media. Therefore, we disclaim all liability for direct or indirect damages resulting from access to, consultation of or use of the information, data and publications on the website and/or access to and use of interactive applications.

Information does not replace advice or assistance in actual cases. The visitor remains fully responsible for the choice of information he/she consults and for the consequences of the use he/she makes of this information.

This website contains hyperlinks to websites of third parties, including social media. The visitor is free to consult these websites. However, we have no responsibility for the content of these sites and, moreover, we give no guarantees in terms of the security level of these sites. Bocu cannot be held liable for any detrimental consequences or any damage of any kind suffered by the visitor as a result of using the hyperlinks.

Under the page: https://www.canaryimmo.com/en/our-real-estate-highlights, various properties posted by third parties are displayed. These advertisements are purely informative and serve only as a source of inspiration. We cannot be held liable for any errors in the content of these advertisements or in case the property is no longer available. The advertisements do not constitute an offer in any legal sense. The information on our website is always provisional, especially but not exclusively with regard to the asking price.

We make every effort to provide access to the website 24 hours a day, 7 days a week. However, in view of the technical characteristics of the Internet and computer resources and the need to carry out periodic maintenance, updates or upgrades, we cannot guarantee uninterrupted access or service. In the event of a normally acceptable interruption or disruption of access or service, we shall do everything in our power to remedy the situation in the shortest possible time. Such normally acceptable interruptions or disturbances are inherent to the provision of services via the Internet and cannot be regarded as shortcomings.

ARTICLE 6 - CONFIDENTIALITY AND PRIVACY

We are the controller of your personal data and process it in accordance with the General Data Protection Regulation;

For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.

ARTICLE 7 - LIABILITY SERVICES

We always act as an independent coach and consultant. This means that the customer always makes a purchase directly from the seller or his appointed representative or enters into a direct partnership with a supplier or installer. As a result, the customer must only and directly recover any direct or indirect damage resulting from these agreements. If required, Bocu can act as an advisor and mediator in this regard.

In addition, we are not liable for any direct or indirect damage (such as eg consequential damage, loss of profit, lost savings or other damage) for which we have not expressly determined our liability in these conditions. Our liability will in all cases be limited to the amount of the price stipulated, invoiced and paid (incl. VAT) by the cooperation.

ARTICLE 8 - FORCE MAJEURE

In the event of force majeure, we shall not be obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or definitively dissolve the agreement. 

Force majeure is any circumstance outside our will and control that prevents us from fulfilling our obligations in whole or in part. We understand this to include, but not be limited to: illness, personal reasons, strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, energy interruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties used, etc. 

ARTICLE 9 - NULLITY AND COMPLETENESS

These General Terms and Conditions constitute the entire agreement between the client and us with regard to the subject matter contained herein.

If one or more provisions of these General Terms and Conditions should at any time be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. 

ARTICLE 10 - JURISDICTION AND APPLICABLE LAW

Spanish law applies to all disputes related to the execution of orders, invoicing and payments as well as to the property rights surrounding our website and other publications. In case of dispute or dispute, only the local courts of our registered office are competent.