In order to comply with the provisions of Law 5/2019, of 15 March, regulating real estate credit agreements and Article 20 of Law 2/2009, of 31 March, which regulates the contracting with consumers of mortgage loans or credits and intermediation services for the conclusion of loan or credit agreements, the following pre-contractual information is made available to THE CLIENTS of Ondara Capital, S.L. (hereinafter ONDARA CAPITAL):
1.- As for the company:
Name: Ondara Capital, S.L.
CIF: B67229757
Registration in the Bank of Spain’s Register of Institutions as PICI: D552
Address: c/ Muntaner, 354, 4-2, 08173 Barcelona
Contact: Phone: 932.20.22.63 / Email: legal@35.195.238.94 / Web: https://Ondara.capital
Civil Liability Policy: Lloyd’s Insurance Company S.A. with CAA No. B1102K0028919000, policy number BNE202000134, dated as a CREDIT AND MORTGAGE INTERMEDIARY and with an insured capital per claim of € 460,000.00 (FOUR HUNDRED AND SIXTY THOUSAND EUROS) with an aggregate annual limit of SEVEN HUNDRED AND FIFTY THOUSAND EUROS (€ 750,000). Lloyd’s Insurance Company S.A. is a public limited company of Belgian nationality, with its registered office at Bastion Tower, Marsveldplein 5, 1050 Brussels, Belgium and registered with the Banque-Carrefour des Entreprises / Kruispuntbank van Ondernemingen under number 682.594.839 RLE (Brussels). It is an insurance company subject to the supervision of the National Bank of Belgium.
2.- Regarding the intermediation service offered:
Characteristics of the Service. Ondara Capital will provide financial intermediation services without exclusivity with any credit institution or financier, in such a way that, at the request of the interested party, the specific financing needs will be studied in order to go to the market in search of a financing solution through natural or legal persons who grant a loan/credit with mortgage guarantee. providing the interested party with various simulations of the depreciation tables according to the most appropriate depreciation system or chosen by the Client. The Client will be provided with the necessary information prior to signing the financing contract by obtaining the mandatory documentation from the financing entity/person. Ondara Capital is not the financier of the loan, but its powers are limited to the intermediation between borrower and lender.
The Client is obliged to reliably communicate to Ondara Capital any doubts regarding the financing contract, as well as the specific clauses of the financing contract that they wish to negotiate individually with the lender or entity.
Price: The fees will be fixed and will accrue from the moment the financing contract is formalised. Notwithstanding the foregoing, Ondara Capital will be entitled to charge 80% of the fixed fees agreed by the intermediary when, having obtained one or more binding financing offers that meet the characteristics demanded in the financing application, the loan has not been formalised for reasons attributable to the Client. Ondara Capital does not receive any remuneration from the lender as a result of the formalisation of the loan.
Ondara Capital’s rates will be as follows:
Mediation in obtaining consumer loans:
A maximum of 5% of the capital granted with a minimum of €600.
Mediation in obtaining mortgage loans with banks:
Between 3% and 6% of the capital granted, with a minimum of €2,500.
Mediation in obtaining mortgage loans with private equity:
Between 3% and 20% of the capital granted, with a minimum of €2,500.
Restructuring of the Business Banking Pool:
Between 0.50% and 5% of the capital, with a minimum of €5,000.
Commissions, Charges and Expenses. Obtaining the financing required by the interested party generates or may generate a series of commissions and/or expenses that are completely unrelated to the remuneration derived from the intermediation service, such as appraisals, arrangement fee, service commissions, penalties, Stamp Duty, notary and registry fees, agency as well as those others that may result from the cancellation of previous charges. which will be invoiced by the corresponding entities or persons.
Taxes: The amount invoiced for financial intermediation is exempt from VAT.
Payment Method: The payment of the intermediation fees will be made by bank transfer or nominative bank check in favor of the company, sending the corresponding invoice after the collection of the fees.
In the case of a Loan Grouping: In the event that the financial intermediary advises the grouping of loans or credits into a single loan, information will be provided on the annual percentage rate and the essential characteristics of the proposed loan or credit and its comparison with the loans or credits that are proposed to be grouped. The comparison will also take into account all the expenses and commissions for the intermediation service and all the expenses and commissions of the proposed loan or credit agreement.
3.- Regarding the intermediation contract:
Right of withdrawal: THE CLIENT has the right to withdraw from the intermediation contract by any means admitted by law, in addition Ondara Capital makes available to THE CLIENT the following form for this purpose, provided that the requested transaction has not been formalised and the period of 14 days has not elapsed since the signing of said contract, without the need to allege any cause and without this entailing any cost for the CLIENT. No other expenses, therefore, than those incurred and duly accredited, with the breakdown presented in the pre-contractual information.
The CUSTOMER will be refunded the total amount of the purchase, i.e. the product plus shipping costs, within 14 calendar days from the date on which the CUSTOMER has informed of the decision to withdraw using the same means of payment used by the CUSTOMER for the initial transaction. unless the CLIENT has expressly provided otherwise and provided that the CLIENT does not incur any costs as a result of the refund.
Right of Early Termination of the Contract: The contract may be terminated early and unilaterally by the person who, having complied with the agreed obligations, alleges a serious and essential breach of the obligations of the counterparty and provided that he or she has been granted a reasonable period of time to comply with the requirements, all in accordance with the applicable regulations.
Right to the general terms and conditions of contract: Ondara Capital makes the general terms and conditions of the contract available to the interested party free of charge through the submission of a written contract containing the typical contractual terms and without this implying the obligation to contract by the interested party.
Means of Claim: The entity Ondara Capital has a complaints and claims protocol that is delivered to its customers in which the procedure for making out-of-court claims is set out as well as the means to carry them out.
The entity Ondara Capital has a protocol for complaints and claims that is delivered to its customers in which the procedure for making out-of-court claims is set out, as well as the means to carry them out.
Who can claim: The parties involved in any financial intermediation contract signed with Ondara Capital.
How to complain: The claim or complaint must be addressed signed to the complaints address of Ondara Capital by post (c/Muntaner 354, 4º, 2ª -08021- Barcelona) or by email to the address: legal@35.195.238.94, in accordance with the provisions of Law 59/2003 of 19 December on Electronic Signature, to which you can also contact for any clarification or additional query related to them or through the telephone service to customer: 932.20.22.63
The claim or complaint must be made in writing and, in it, they must state their personal data, address and the facts that justify their claim.
Minimum content of the claim: You must submit your complaint accompanied by all the documentation that proves the allegations made in your interest. They must necessarily accompany their national identity document or specific power of attorney for such management with the specific indication of the details of the financial intermediation contract signed with Ondara Capital.
In the event that a claim has been made without attaching and identifying all the documentation necessary for its response, Ondara Capital reserves the right to archive the file opened due to lack of documentation one month after the filing of the claim without the client having provided the complementary documents requested by Ondara Capital and that may be necessary to resolve the claim made.
How we resolve your complaint:
In the event of your claims and complaints, Ondara Capital will acknowledge receipt and analyse them with the competent staff for analysis and resolution. Ondara Capital will resolve your claim or complaint within one month. For the purposes of calculating this period, the beginning of this period will be the moment when the complaint or claim is filed, regardless of whether the calculation can be interrupted if it has not been correctly filed, in the latter case, the calculation of the period started at the time will be resumed. The resolution will be binding on the real estate credit intermediary.
Ondara Capital will transfer the resolution of the complaint or claim through the same channel in which it was filed.
Once your claim or complaint has been rejected or the maximum resolution period has elapsed, you may file your complaint, within a maximum period of one year from the date of filing the complaint (not from the resolution of the same), to the entity for the resolution of consumer disputes in the financial sector, referred to in the first additional provision of Law 7/2017 of 2 November, transposing Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 into Spanish law.
Until the entry into force of the Law provided for in the first additional provision of Law 7/2017, of 2 November, it will be the Bank of Spain’s complaints service, regulated in Article 30 of Law 44/2002, of 22 November, on Measures to Reform the Financial System.
Bank of Spain Complaints Service
C/ Alcalá, 48, 28014 Madrid
Phone: 91-338.65.30
Web: www.bde.es
In turn, in the procedures related to the CIR, the procedure for the electronic submission of the corresponding written statements of allegations to the claims raised by the holders in application of the provisions of Article 65 of Law 44/2002 is enabled, as described on the Electronic Registry page on the Bank of Spain website.
The Bank of Spain, in its commitment to e-Administration, has been integrated with the Notific@ platform of the General State Administration. Electronic communications and notifications made by the Banco de España are received by the taxpayers through the citizen folder accessible from the Headquarters of the General Access Point of the General State Administration (PAG).
Language: The pre-contractual and contractual information will be provided in Spanish and may be translated into the language desired by the Client in the event of lack of understanding, bearing in mind that the cost of the requested translation will be borne by the applicant.
Legislation applicable to the contract: Law 5/2019, of 15 March, regulating real estate credit agreements is applicable.
Royal Decree 309/20019, of 26 April, which partially implements Law 5/2019, of 15 March, regulating real estate credit agreements and adopts other measures in financial matters.
Law 2/2009, of 31 March, which regulates the contracting with consumers of mortgage loans or credits and intermediation services for the conclusion of loan or credit contracts.
Royal Decree 106/2011, of 28 January, which creates and regulates the state register of companies provided for in the aforementioned law.
Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the General Law for the Defence of Consumers and Users and other complementary regulations.
Tax treatment applicable to the contract: In compliance with Royal Decree-Law 12/1995, of 28 December, once the payment of the variable fees has been paid, the intermediary will proceed to issue the corresponding invoice specifying the concept and detail of the fees invoiced. The amounts invoiced for intermediation are exempt from VAT.
