Surkey

Terms of Service

Last updated: January 2025

Agreement to Terms

By accessing and using Surkey Property Management services, you accept and agree to be bound by these Terms of Service. These terms apply to all users of our property care and management services in Costa del Sol, Spain.

Service Provider

Property care services are provided by Pablo Ledesma, operating as an individual professional (autónomo) specializing in property inspection, maintenance coordination, and care services in Costa del Sol, Spain. Upon formation of our limited company (SL), these terms will be updated accordingly.

Legal Registration

Pablo Ledesma is registered as an autonomous worker (autónomo) under the Special Regime for Self-Employed Workers (RETA) with Spanish Social Security. Tax identification and professional activity registration comply with Spanish regulatory requirements. Registration details will be updated upon formation of our SL company.

Our Services

Surkey Property Management provides property care services including property inspections, maintenance coordination with local contractors, administrative support (gestoría services), digital reporting with photos and videos, and emergency response coordination. We do not provide rental management, property sales, or real estate brokerage services. All services are provided in accordance with Spanish law and local regulations in Andalusia.

Professional Liability Insurance

We maintain professional liability insurance covering property care and maintenance coordination services to protect against claims arising from professional negligence in the provision of our services.

Property Access and Security

Client authorizes access to the property for inspection, maintenance coordination, and emergency response purposes. Access methods (keys, digital codes, or other arrangements) are kept strictly confidential and used solely for contracted services. We maintain appropriate security measures for all access credentials.

Third-Party Contractors

We coordinate with independent local contractors and service providers for maintenance and repair work. While we supervise work quality and coordinate services, each contractor maintains their own professional liability insurance. Our liability is limited to our coordination and supervision duties, not the direct performance of contracted work by third parties.

Emergency Response Services

Our 24/7 emergency response covers urgent property issues including water leaks, electrical problems, security concerns, and structural issues that could affect property safety or neighboring properties. We commit to responding within a reasonable timeframe based on the nature of the emergency. We are not liable for property damage that occurs before our response or for delays due to circumstances beyond our control. Note: While phone support in Russian is currently limited due to our rapid growth, we provide continuous assistance in Russian through WhatsApp and email.

Service Coverage and Availability

Services are available within Costa del Sol region including Estepona, Manilva, and Sotogrande. Emergency response is 24/7, while routine services operate during standard business hours (9:00-18:00, Monday-Friday). Service availability may be affected by weather conditions, public holidays, or force majeure events.

Pricing and Payment

Service fees are clearly stated in your service agreement and include Spanish VAT (IVA) where applicable. Payment terms are net 30 days unless otherwise agreed. Late payment interest may apply as per Spanish commercial law. All prices are in Euros and include applicable taxes.

Taxation and VAT

As an autonomous professional (autónomo) in Spain, applicable taxes including VAT (IVA) are handled according to Spanish tax regulations. VAT-exempt services will be clearly identified on invoices. Clients are responsible for any applicable taxes on their property ownership or rental activities.

Intellectual Property and Reports

All inspection reports, photographs, videos, and documentation created during our services remain the property of the client upon payment. We retain the right to use anonymized data for service improvement purposes. Client photos and property information will not be shared without explicit consent.

Your Responsibilities

As a client, you agree to: provide accurate property information and emergency contacts, ensure legal authorization for property access, maintain appropriate property insurance coverage, promptly communicate any changes in property access or requirements, and comply with all applicable Spanish laws and local regulations regarding property ownership and maintenance.

Your Consumer Rights

As a consumer, you have the right to: withdraw from this service contract within 14 days of signing without penalty (right of withdrawal), receive professional property care services meeting Spanish quality standards, clear and timely reporting on property condition and maintenance activities, file complaints through consumer protection channels including local OMIC offices, and access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Complaints and Dispute Resolution

For service complaints or disputes: (1) Contact us directly at hello@surkey.es - we are committed to resolving issues promptly and professionally, (2) If unresolved, contact your local OMIC (Municipal Consumer Information Office) for assistance, (3) Access consumer mediation services through official Spanish consumer protection channels, (4) File complaints with consumer protection authorities in Andalusia if necessary. We are committed to resolving disputes amicably and in compliance with Spanish consumer protection law.

Limitation of Liability

While we strive to provide excellent service, our liability is limited to the fees paid for our services in the 12 months preceding any claim. We are not responsible for: property damage not caused by our direct negligence, losses due to circumstances beyond our control (force majeure), delays or failures by third-party contractors (though we will assist in resolution), issues arising from incomplete or inaccurate information provided by the client, or pre-existing property conditions not disclosed to us. This limitation does not affect your statutory consumer rights under Spanish law.

Termination

Either party may terminate this agreement with 30 days written notice. Upon termination: we will complete any scheduled inspections within the notice period, provide final reports on property status, return any property access credentials securely, and assist with transition to alternative service providers if requested. All fees for completed services remain due and payable. Any prepaid fees for future services will be refunded proportionally.

Subcontracting and Assignment

We may engage qualified subcontractors or professionals to assist in service delivery while maintaining full responsibility for service quality. All subcontractors are bound by the same confidentiality and professional standards. Clients will be informed of any permanent subcontracting arrangements.

Communications and Notices

Official notices will be sent to the contact information provided in your service agreement. Clients must promptly notify us of any changes to contact details. Emergency communications may be made via phone, email, or WhatsApp. All formal notices require written confirmation.

Modifications to Terms

These terms may be updated to reflect changes in Spanish law, service offerings, or business structure. Clients will be notified of material changes 30 days in advance. Continued use of services constitutes acceptance of modified terms. Upon SL company formation, clients will be notified and new terms provided.

Data Protection

We process your personal data in accordance with the General Data Protection Regulation (GDPR) and Spanish data protection law (LOPDGDD). Your data is used solely for providing property care services, maintaining service records, and fulfilling legal obligations. You have rights to access, rectify, erase, and portability of your personal data. See our Privacy Policy for complete details.

Governing Law

These terms are governed by Spanish law. Any disputes will be resolved in the competent courts of Málaga, Spain. This agreement is subject to Spanish consumer protection laws, EU regulations, and Andalusian regional regulations where applicable. If any provision is found unenforceable, the remaining terms continue in full effect.

Contact Information

For questions about these Terms of Service, please contact us at hello@surkey.es

Surkey Property Management

Professional property management services in Costa del Sol, Spain.

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