Terms and Conditions of Service
1. Scope of application
These general terms and conditions govern the provision of intermediary services in mortgage loan and credit transactions carried out by BlueSky Border Finance, S.L., with Tax Identification Number B70905229, hereinafter ‘BlueSky Border Finance’. These terms and conditions apply to all contractual relationships with the Client, consisting of intermediation in obtaining mortgage financing.
These terms and conditions are considered to be accepted by the Client at the time of signing the service provision contract and govern all the rights and obligations of the parties, without prejudice to the applicable regulations, including in particular Law 2/2009, of 31 March, on consumer mortgage loans or credits and intermediation services.
2. Payment terms and fees
The Client agrees to pay the following amounts and financial conditions:
- As an initial payment, five hundred euros (€500), to be paid upon signing the contract. This payment will be refunded in full if no mortgage financing offer is presented during the term of the contract.
- Additionally, a percentage of the total amount of the mortgage granted will be applied, the amount and conditions of which will be specified and agreed in advance with the Client, depending on the complexity of the transaction. This percentage will be paid upon signing the loan or in the agreed instalments.
3. Services we provide
BlueSky Border Finance acts as an intermediary in the management and processing of mortgage financing transactions, including:
- Contacting financial institutions to submit applications on behalf of the client.
- Managing the documents, reports and requirements necessary to apply for a mortgage loan.
- Coordinating with credit institutions to facilitate the evaluation and approval of applications.
- Managing appraisal reports and opening bank accounts when necessary.
- Monitoring the transaction throughout the process, until the loan is formalised.
4. Customer Obligations
The Client, by virtue of these conditions, undertakes to:
- Provide all required documentation and information in a truthful, complete and up-to-date manner.
- Communicate any changes that could affect the management of the process.
- Not to contact or negotiate directly with financial institutions or intermediaries related to BlueSky Border Finance during the term of the contract, unless expressly authorised in writing.
- To make payments on time and actively collaborate in all aspects of the process.
5. Duration and management process
The maximum period established for submitting financing offers shall be six (6) months from the signing of the contract.
If, after this period, no viable option is offered, the Customer may request a full refund of the initial payment of €500, within a period not exceeding fifteen (15) calendar days after such claim.
If a credit offer is submitted and accepted within the deadline, but the Customer decides not to proceed with the transaction, the agreed payment percentage shall apply, without the right to a refund of the initial payment.
6. Refunds and withdrawal
- The Customer may withdraw from the contract at any time by notifying BlueSky Border Finance in writing.
- In the event of withdrawal, if no offer has been submitted, the initial payment of €500 will be refunded.
- If the bank offer has been submitted and accepted, or the transaction is still in progress, the Customer will be obliged to pay the agreed percentage of the mortgage amount.
- The initial payment will not be refunded in cases where the transaction has not been formalised for reasons attributable to the Client, such as falsified information, withdrawal of the application or failure to provide the required documentation.
7. Data protection and confidentiality
BlueSky Border Finance complies with current data protection regulations and guarantees that the Client’s data will be used exclusively for the management and processing of the mortgage transaction.
The data may be transferred to the financial institutions with which the transaction is managed, always in accordance with Law 2/2009 and data protection regulations.
The Customer may exercise their rights by writing to the designated contact address, providing proof of their identity.
8. Applicable legislation and dispute resolution
This contract and these terms and conditions shall be governed by Spanish law, in particular Law 2/2009 of 31 March, which regulates consumer contracts for mortgage loans and credits and intermediation services.
For the resolution of any dispute arising from the interpretation or fulfilment of this document, the parties agree to submit to the courts of Málaga, waiving any other jurisdiction that may apply to them.
In the event of any discrepancy between the Spanish and English versions of the General Terms and Conditions, the Spanish version shall prevail.