1. Introduction

These Terms & Conditions (“Terms”) govern the use of this website and the provision of services by IGL Group, trading as Property Boutique (“we”, “us”, “our”). By accessing this website or instructing us to provide services, you agree to be bound by these Terms. This document outlines the standard Terms of any users of any service it supplies.

If you do not agree with these Terms, you must not use our website or services.

2. About Us

• Registered Name: Property Boutique

• Registered Address: Ctra. de Cártama, 25, 29120 Alhaurín el Grande, Málaga

• Company Registration Number: 08333710

• Regulatory Body / Ombudsman: IGL Group – Malaga

3. Scope of Services

We are a multi-service agency and provide property-related services including, but not limited to:

• Residential and commercial property sales

• Residential and commercial lettings

• Short-term and holiday lets

• Property management

• Valuations and market appraisals

• Consultancy and contractual property services

• Coordination of in-house and third-party suppliers

All services are subject to availability, written agreement, and applicable law.

4. Website Use

4.1 Accuracy of Information

While we take reasonable care to ensure the accuracy of information on this website, property descriptions, floor plans, measurements, prices, availability, and images are provided for guidance only and do not constitute contractual particulars.

4.2 Intellectual Property

All content on this website, including text, images, branding, and logos, is owned by or licensed to us and may not be reproduced without prior written consent.

4.3 Prohibited Use

You must not misuse this website, attempt unauthorised access, transmit malicious content, or use the website for unlawful purposes.

• Agency Contract Types:
  
  • Sole Agency: You are liable to pay our fee if unconditional contracts are exchanged with a buyer we introduced during our agency period.
  • Sole Selling Rights: You must pay our fee regardless of who finds the buyer (including yourself) during the contract term.
• Offers: All offers will be communicated to you promptly and in writing within two working days.
• Sub-Agency: We reserve the right to appoint sub-agents at no extra cost to you to maximize exposure.

• Service Levels: We offer “Rent Only”, “Rent & Collection”, and “Full Management”.
• Right to Rent: Landlords are responsible for ensuring all occupants over 18 have a right to rent in Spain; however we can perform these checks on your behalf.
• Tenancy Deposits: For Assured Shorthold Tenancies (AST), deposits must be protected in a government-approved scheme within 30 days.
• Holding Deposits: Limited to a maximum of one week’s rent under guidelines of the Tenant Fees Act 2019.

• Booking Contract: We act as an agent; the Rental Contract is strictly between the Owner and the Guest.
• Cancellations: Owners must adhere to the specific cancellation policy outlined in the booking terms.
• Compliance: Owners must ensure the property is fit for human habitation and meets all fire safety (including smoke/CO alarms) and EPC requirements.

• Notice Period: Either party may terminate the agreement by providing the notice period specified in the contract (typically one month).
• Withdrawal Fees: A withdrawal charge may apply if the property is withdrawn from the market after marketing costs have been incurred.

6. Property Sales

6.1 Role of the Agent

We act as an intermediary between buyer and seller unless otherwise agreed in writing and we are not liable for any losses due to legal or financial advice offered.

6.2 Listings and Marketing

Property listings are prepared based on information supplied by sellers and third parties. Sellers must provide listing documentation including a current Nota Simple (less than 3 months old) an IBI receipt, and an Energy Performance Certificate (CEE). Buyers are advised to independently verify all important information.

6.3 Offers and Acceptance

All offers are subject to contract. No legally binding agreement exists until contracts are formally exchanged by the parties’ legal representatives.

6.4 Fees and Commission

Sales fees and commission structures will be set out in a separate written agreement. Fees for exchange or completion become payable upon on the signing of the Escritura de Compraventa (Public Deed) at the Notary, though a partial fee may be triggered at the Contrato de Arras (Deposit Contract) depending on the agreed terms of the contract which will state if any costs are passed to the buyer (in accordance to Decree 218). 

7. Residential/Commercial Long-Term Rental

7.1 Landlord Instructions

Landlords must confirm they have legal authority to let the property and that it complies with all statutory and safety requirements.

7.2 Tenant Responsibilities

Tenants are responsible for rent payments, utilities and compliance with the tenancy agreement.

7.3 Referencing and Compliance

We may conduct referencing, right-to-rent checks, and compliance checks as required by law. Failure to pass checks may result in refusal of a tenancy.

7.4 Deposits and Rent

Deposits and advance rent must be paid in cleared funds. Deposits will be handled in accordance with applicable tenancy deposit protection legislation. A minimum one month security deposit (fianza) is required as a guarantee (two months for commercial) under Article 36 of the Urban Leasing Law and in some cases an additional month of “extra security deposit” garantía adicional, (or 2 months extra for 5-7 year contracts).

7.5 Urban Lease Law (LAU)

All our long-term rentals (over 11 months) follow the Ley de Arrendamientos Urbanos (LAU), granting tenants automatic renewal rights for up to 5 years (if agreed by both the property owner and the tenant).

7.5 Agent Fees

Under the 2023 Housing Law, for long-term leases, agency fees must be paid by the landlord, not the tenant.

8. Short-Term and Holiday Lets

8.1 Booking Terms

Short-term lettings are subject to specific booking terms, cancellation policies, and payment schedules provided at the time of booking.

8.2 Guest Obligations

Guests must respect the property, neighbours, and house rules. Damage or excessive cleaning costs may be charged.

8.3 Licensing

To use our platform, properties must be registered as a Vivienda de Uso Turístico (VUT) with the RTA. The license number (e.g., VFT/MA/00000) must be displayed on all advertising and a national NRA registration number via the “Ventanilla Única Digital” must have been obtained.

8.4 Community Approval

As of April 2025, owners must prove their Community of Owners (Comunidad de Propietarios) which explicitly allows holiday lets, as in some cases it not permitted at all. 

8.5 Liability & Governing Laws

We act as an agent unless otherwise stated. The property owner remains responsible for the condition and safety of the property and is liable for hidden building defects (vicios ocultos) or community fines resulting from owner negligence. All disputes are subject to the courts of the province where the property is located

8.6 Operational Standards

Stay durations must be capped at two months and properties must provide fixed air conditioning (May–Sept) and heating (Oct–April), as well as a first aid kit and 24/7 guest support.

8.7 Guest Registration

Host details for all guests over 14 (now transitioning to 18 under national law) must be submitted to the Guardia Civil or Policía Nacional (SES.Hospedajes) within 24 hours of arrival.

9. Property Management Services

9.1 Scope

Property management services may include rent collection, maintenance coordination, inspections, and contractor management, as agreed in writing.

9.2 Maintenance and Repairs

We may instruct contractors on behalf of the client. Urgent repairs may be authorised without prior approval where necessary to protect persons or property.

9.3 Client Funds

Client monies will be handled in accordance with regulatory and safeguarding requirements.

10. In-House and Third-Party Suppliers

10.1 Use of Contractors

We may use in-house staff or independent third-party contractors (e.g. builders, cleaners, photographers etc.)

10.2 No Warranty for Third Parties

We do not guarantee the work, availability, or performance of third-party suppliers. Any contract for out-sourced services are made directly between the client and the supplier.

10.3 Liability

We shall not be liable for losses caused by third-party suppliers unless required by law.

11. Fees, Payments and Charges

• All fees are inclusive of IVA taxes unless stated otherwise.

• Payment terms will be set out in individual agreements.

• Late payments may incur interest and recovery costs as permitted by law.

12. Client Obligations

Clients agree to:

• Provide accurate and complete information

• Inform us of material changes affecting the property or instruction

• Comply with all legal and regulatory requirements

13. Limitation of Liability

To the fullest extent permitted by law:

• We exclude liability for indirect or consequential loss

• Our total liability shall not exceed the fees paid for the relevant service

• Nothing in these Terms limits liability for death, personal injury, fraud, or statutory rights

14. Data Protection and Privacy

We process personal data in accordance with applicable data protection laws. Personal data is handled according to the Ley Orgánica de Protección de Datos (LOPD) and UK/EU GDPR. Please refer to our Privacy Policy for full details.

15. Complaints

We aim to provide a high standard of service. Complaints should be submitted in writing and will be handled in accordance with our internal complaints procedure and any applicable ombudsman scheme.

16. Termination

We may terminate services immediately if:

• There is a material breach of these Terms

• Required payments are not made

• Continued instruction would breach legal or ethical obligations

Termination does not affect accrued rights or outstanding fees.

17. Force Majeure

We shall not be liable for failure or delay caused by events beyond our reasonable control, including but not limited to natural disasters, government actions, or utility failures.

18. Governing Law and Jurisdiction

These Terms are governed by the Andalucian laws of Spain. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malaga, Spain, unless otherwise required by law.

19. Amendments

We reserve the right to update these Terms at any time. Continued use of our website or services constitutes acceptance of the revised Terms.

20. Contact Us

For questions regarding these Terms, please contact:

Property Boutique
info@propertyboutique.es
+34 672879370