GENERAL TERMS AND CONDITIONS OF CERTITUR FOR THE CERTIFICATION OF SUSTAINABLE HOMES
Please read these General Terms and Conditions (hereinafter referred to as the “GTC”) carefully before using the sustainability certification services offered by CERTITUR (hereinafter collectively referred to as the “Service”). The following GTC regulate the contracting, access, use, and navigation of the Service.
The conditions in effect are those published at the time the Client accesses the CERTITUR Service.
If any provision of these GTC is declared unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect and binding.
CERTITUR may delete, modify, or replace the contents of this document at any time by publishing or sending a notification through the Service or via email, without the Client having the right to demand any compensation.
CERTITUR may translate these Terms and Conditions or any other policy that may be published on the Service. The Spanish version will prevail in case of conflict with other translations.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
By contracting and using the Service, the Client (hereinafter referred to as the “Client”) agrees to comply with all the GTC set forth in these GTC. Any Client has the option to contract the Service, provided that they accept the GTC, as well as all other policies and principles that govern the operation of the Service as detailed below.
By accepting the GTC, the Client agrees to always act in accordance with the provisions established in this legal document and the corresponding regulations. In case of total or partial disagreement with these GTC, the Client must refrain from contracting and using the Service.
The service offered is subject to: (i) these General Terms and Conditions; (ii) Special Conditions that may be published on the Service and may replace, supplement, and/or modify these GTC; (iii) the applicable and current laws, sectoral regulations, and general criteria and practices.
CERTITUR reserves the right to modify the presentation, configuration, and content of the Service, as well as the conditions necessary for its access and/or use. Access and use of the contents and services after such modifications or changes to the conditions come into effect imply acceptance of them.
2. SERVICE HOLDER INFORMATION
2.1. In compliance with the information duty set forth in Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we provide the following details of the service holder:
Holder: CERTITUR S.L.
N.I.F: B19431857
Registered Address: TAULAT, 279 BX – 08019 Barcelona (Barcelona)
Email: info@certitur.com
3. USE OF THE SERVICE
3.1. CERTITUR offers the Service with the aim of allowing the sustainability certification of vacation accommodations through the review and verification of compliance with the sustainability criteria established by CERTITUR.
3.2. The GTC, as well as the Privacy Policies and any other information related to the Service, apply to all Clients from the moment they access the Service. These GTC are mandatory, binding, and extend to all activities carried out on the Service.
3.3. The Client is responsible for ensuring that all persons accessing the Service through their internet connection are informed about the GTC and comply with them.
3.4. The Client acknowledges that the intervention and/or involvement through the Service does not create any type of employment relationship with CERTITUR.
3.5. The Client has the right to access all the necessary information related to sustainability certification through the Service. From this point, they can thoroughly explore and examine its operation.
3.6. The Client also agrees to refrain from using the Service for illegal purposes or contrary to the provisions established in the GTC.
4. SERVICES
4.1. CERTITUR undertakes to offer its Clients a sustainability certification solution designed to assess and verify compliance with sustainability criteria in vacation accommodations.
This service includes, but is not limited to, the following phases:
Document Review: Evaluation of the documentation provided by the Client related to the management and control of the sustainability of the vacation accommodation.
Field Audit: On-site visual inspections and reviews of facilities and operational procedures.
Audit Report: Issuance of a detailed report with findings and recommendations.
Certification: Issuance of the sustainability certification if the established criteria are met.
5. SERVICE REGISTRATION
5.1. The Client may access CERTITUR services through a prior personal registration process.
5.2. The Client guarantees that the information provided during registration is accurate and complete.
5.3. Registration as a Client can be carried out through the CERTITUR website.
5.4. CERTITUR cannot guarantee the identity of Clients and assumes no responsibility for the misuse of a registered Client’s information by third parties.
5.5. The Client declares that they have the necessary authorizations according to applicable laws to request sustainability certification services.
5.6. The Client is responsible for safeguarding their access password and notifying any unauthorized use.
5.7. Access to and use of the Service with the Client’s password is considered to be carried out by said Client.
5.8. CERTITUR reserves the right to reject registration requests or cancel previously accepted registrations without the need to communicate the reasons and without generating the right to compensation.
6. PRICING POLICIES
6.1. The CERTITUR payment system is based on the pricing policies established on the platform’s website. These pricing policies will determine the corresponding fee for each Client for the use of the Service.
6.2. CERTITUR offers Clients the option to access additional sections according to the pricing policies established on CERTITUR’s website. Clients may opt to use these additional sections according to the corresponding fees.
6.3. Detailed information on rates and pricing policies is available on the CERTITUR website.
7. LICENSE OF USE AND CONTENTS
7.1. CERTITUR grants the Client access to the Service under a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license. The use of the Service will always be personal and in accordance with these GTC.
7.2. By using the benefits provided by the Service, the Client grants CERTITUR and its collaborators a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content for the intended purposes.
7.3. By using the Service, the Client acknowledges that CERTITUR may retain their content for as long as needed to complete the purposes for which they were collected.
7.4. CERTITUR shall not be liable to third parties for the content or accuracy of any submitted content. CERTITUR reserves the right to remove any content or advertisement submitted through the Service at its sole discretion.
7.5. CERTITUR has the right to investigate and report any of the aforementioned conduct in accordance with the Law and to cooperate with authorities in investigating such actions.
8. CLIENT OBLIGATIONS
8.1. If the Client becomes aware of any illegal, unlawful content, or content that may infringe intellectual and/or industrial property rights, they must immediately notify CERTITUR so that the appropriate measures can be taken. The use of the Service for purposes other than those stated in these GTC is expressly prohibited. Therefore, CERTITUR is not responsible for any improper use or manipulation of the Service.
8.2. The Client assumes responsibility for the use of the Service and agrees to make lawful, diligent, honest, and correct use of all information or content accessed through the Service, always in good faith and in accordance with current legislation and these GTC.
8.3. Without limitation, Clients must refrain from:
– Registering or communicating data that is not true, accurate, complete, and/or updated, or accessing the Service using another Client’s name, identifying information, or access keys, or impersonating any person or identity. Additionally, the Client is responsible for informing CERTITUR of any changes or updates to the data communicated to CERTITUR.
– Maliciously or intentionally causing damage or harm that may impair or alter the Service, nor introducing or spreading computer viruses that could cause unauthorized alterations to the content or systems of the Service.
– Using the Service for fraudulent purposes or for any criminal or illegal activity.
– Reproducing, copying, distributing, transforming, or modifying the information and content hosted on the Service, unless authorized by the holder of the corresponding rights.
– Using the Service to send, use, or reuse any illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, or threatening material of any kind, or any material that violates intellectual property rights, privacy, or other third-party rights.
9. RESPONSIBILITIES AND WARRANTIES OF CERTITUR
9.1. CERTITUR is not responsible for the information, files, or any other content uploaded by Clients and does not validate the content submitted by Clients. Therefore, CERTITUR shall not be liable, directly or indirectly, for any damages or harm resulting from the communications made or content included in the Service.
9.2. CERTITUR is not responsible for:
– Meeting the personal needs or demands of the Client in relation to the resources provided by the Service.
– Direct or indirect damages, including personal injuries suffered as a result of misuse of the Service.
– Loss of reputation, image, or data that may occur during the use of the Service.
– The lack of availability, maintenance, or effective functioning of the Service, excluding, to the fullest extent permitted by applicable law, any liability for any damages caused by the lack of availability or continuity of the Service’s operation.
9.3. CERTITUR does not guarantee that the use of the content and services that Clients may make of the Service will conform to these Terms and Conditions, nor that they will do so diligently. CERTITUR cannot guarantee the identity of any other Client of the Service.
9.4. CERTITUR reserves the right to (i) remove, suspend, edit, or modify the content of the Service at its sole discretion, at any time, without prior notice and for any reason, and (ii) remove, suspend, or block any use of the Service by the Client.
9.5. CERTITUR reserves the right to read, preserve, disclose, and access any information it deems reasonably necessary to (i) comply with applicable law or any judicial or governmental request, (ii) enforce these GTC, including investigating potential violations of the same, (iii) detect, prevent, or manage fraud, security, or technical issues, (iv) respond to Client support requests, or (v) protect the rights, property, or safety of CERTITUR and its Clients.
9.6. CERTITUR declares that it has taken all necessary measures, within its possibilities and current technology, to ensure the operation of the Service and to avoid the existence and transmission of viruses and other harmful components to Clients.
10. CLIENT LEGAL RESPONSIBILITIES
10.1. The Client will be fully responsible for the use, if applicable, of personal data related to certification and compliance with data protection regulations.
10.2. In no case will CERTITUR be responsible for any damages and/or losses that Clients may suffer as a consequence or in connection with contracts between them, nor will it be responsible for the terms of the contract agreed between the Client and CERTITUR.
10.3. By accepting CERTITUR’s service, the Client acknowledges and agrees that CERTITUR is not responsible for any acts committed by Clients and/or third parties, including but not limited to withdrawal from contracts for services provided by the Client, the cancellation of such services, delays, losses, failure to obtain the corresponding certification required for the exercise of a profession, and others. Clients acknowledge that by using CERTITUR’s services, they must assume full responsibility for the risks involved.
11. SUSPENSION AND CANCELLATION OF SERVICES
11.1. CERTITUR may temporarily suspend access to the Service without prior notice for maintenance, repair, update, or improvement purposes.
11.2. CERTITUR reserves the right to remove, limit, or prevent access to its Service when technical difficulties arise due to circumstances beyond CERTITUR’s control that, in its opinion, reduce or eliminate the standard security levels adopted for the proper functioning of the Service.
11.3. CERTITUR is not responsible for the lack of availability, maintenance, and effective operation of the Service, excluding, to the fullest extent permitted by applicable law, any liability for damages resulting from the lack of availability or continuity of the Service’s operation.
11.4. CERTITUR also assumes no responsibility for the cancellation or suspension of services within the Service due to causes beyond its control. In any case, CERTITUR is committed to resolving any issues that may arise and to providing the Client with all the necessary support to reach a quick and satisfactory resolution of the incident.
11.5. CERTITUR is not responsible for force majeure events, understood as the failure, suspension, or interruption of services or use of the Service due to internet network blockage, actions or omissions of third parties, or any other causes or circumstances beyond CERTITUR’s control that prevent normal use of the Service.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1. The Service, including but not limited to its programming, editing, compilation, and other elements necessary for its functioning, designs, logos, texts, and/or graphics mentioned in these GTC, are the property of CERTITUR.
12.2. Clients acknowledge that reproducing, modifying, distributing, commercializing, decompiling, disassembling, using reverse engineering techniques, or any other means to obtain the source code, transformation, or unauthorized publication of any test results of any elements and utilities integrated within the development constitutes an infringement of CERTITUR’s intellectual property rights, and they therefore agree not to perform any of the mentioned actions.
12.3. All content in the Service is duly registered and protected by Intellectual and Industrial Property regulations, as well as registered in the corresponding public records. Regardless of the purpose for which they are intended, total or partial reproduction, use, exploitation, distribution, and commercialization require prior, express, and written authorization from CERTITUR.
12.4. Designs, logos, texts, and/or graphics that belong to third parties and may appear on the website or in the Service belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
12.5. Third-party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the Service have granted the corresponding authorizations for their reproduction, distribution, and public availability.
13. INDEMNITY
13.1. Clients agree to protect and hold CERTITUR harmless from any damage, liability, or cost that may arise from third-party claims against CERTITUR, its directors, representatives, or employees due to the material provided by Clients, misuse of CERTITUR’s services, or violation of these GTC.
13.2. CERTITUR will inform Clients of any claim through the data provided during registration for the services. By accepting these GTC, Clients acknowledge that CERTITUR has no direct or indirect responsibility for the services contracted between the Client and each User or third parties.
14. DATA PROTECTION
Both Parties declare compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons regarding the processing of personal data and on the free movement of such data (hereinafter “GDPR”) and Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights (hereinafter “LOPDGDD”) in the possible processing of personal data arising from this Contract.
14.1. This Clause is intended to establish the conditions under which CERTITUR, as Data Processor, will process the personal data inherent to the service commissioned by the Client, in its capacity as Data Controller of the personal data.
14.2. CERTITUR, as Data Processor, agrees to:
– Carry out the processing of personal data necessary for the proper provision of the Services provided to the CLIENT, adhering to the instructions given by the Client at all times. Under no circumstances may the data be used for purposes other than those established.
– Process the data in accordance with the Client’s instructions, as indicated in this Contract. If CERTITUR considers it necessary to carry out data processing for a different purpose, it must first obtain the Client’s written authorization. In the absence of such authorization, CERTITUR will not be able to carry out such processing. If CERTITUR considers that any of the instructions provided by the Client violate the GDPR or LOPDGDD, it will immediately inform the CLIENT.
14.3. CERTITUR agrees to maintain a record of all categories of processing carried out on behalf of the Client.
14.4. CERTITUR will notify the CLIENT, without undue delay and, in any case, within a maximum period of 72 hours, and through any reliable means set forth in the Communications clause, of any personal data security breaches under its control of which it becomes aware, along with all relevant information for documenting and communicating the incident. However, notification will not be required when it is unlikely that such a security breach poses a risk to the rights and freedoms of natural persons.
Specifically, at least the following information will be provided in clear and simple language:
Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of affected data subjects.
The name and contact details of the data protection officer or other contact point where more information can be obtained.
Description of the possible consequences of the personal data security breach.
Description of the measures taken or proposed to remedy the personal data security breach, including, where appropriate, the measures taken to mitigate any negative effects.
If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.
14.5. CERTITUR will support or collaborate with the Client, when necessary, in conducting privacy impact assessments related to the personal data it has access to, as well as in conducting prior consultations with the supervisory authority when appropriate. Likewise, it will cooperate with the competent Supervisory Authority, upon request, in fulfilling its duties. To this end, it will provide all the necessary technical and organizational information.
14.6. CERTITUR will make available to the Client, upon request, all necessary information to demonstrate compliance with the obligations established in this Agreement, in order to verify compliance with the provision of the services.
14.7. Once the services have been completed, CERTITUR will, at the Client’s choice, return any media or documents containing personal data, without retaining any copies of them or of the information generated or provided, or proceed with the secure and confidential destruction of such data on any media, adopting the necessary organizational and technical measures to guarantee that the data cannot be recovered and, therefore, cannot be used in the future or accessed by unauthorized third parties.
However, if there is a legal obligation for CERTITUR to retain certain information for a period of time, the data must remain blocked and cannot be used for other purposes. It will only be available to the relevant Authorities to address possible liabilities arising from the processing, and once the statute of limitations has passed, the data will be definitively deleted.
14.8. If it is necessary to subcontract any processing or part of the processing that involves access to and/or processing, partially or fully, of personal data, the prior authorization of the Client will be required before the services begin, or there must be a pre-existing Agreement that obligates the Sub-Processor to conditions substantially similar to those applicable to the processing of the Client’s personal data by CERTITUR, in accordance with this clause. CERTITUR must inform the CLIENT of the third party’s identity and details. The provision of services necessary for the execution of this Agreement by companies within the CERTITUR corporate group will not be considered subcontracting.
CERTITUR will be required to communicate the content of this Clause to the third-party subcontractor. Therefore, CERTITUR must enter into an agreement with the third party that includes at least the same content as this one, so that the third party is subject to the same conditions and obligations regarding the proper processing of personal data.
In this way, the third party’s access to the Client’s personal data will be solely for the purpose of subcontracting all or some of the services contracted by the Client to CERTITUR, and will be limited to the personal data strictly necessary for the performance of the subcontracted services.
14.9. CERTITUR will process the Personal Data within the European Economic Area or another area considered by applicable regulations to offer equivalent security, processing data outside this area only through subcontractors that guarantee an adequate protection framework under applicable regulations, the formalization of standard contractual clauses adopted by the European Commission, or, if necessary, obtaining authorization for the transfer from the competent Supervisory Authority.
14.10. Each Party, through this Agreement, assumes responsibility and will indemnify the other for any claims that arise or are alleged to have arisen as a result of negligent or intentional acts or omissions by either of them or their personnel that violate the provisions of the applicable regulations, including the assumption of any administrative sanctions that may have been incurred.
14.11. Each of the signatory Parties and, where applicable, their representatives, are informed that the personal data of their representatives and employees will be processed by the other Party in order to facilitate the development, compliance, and control of the contracted service relationship, as well as the data exchanged during the provision of the Services. The legal basis for processing is the fulfillment of the contractual relationship. Identifying the Parties is a necessary requirement for formalizing this Agreement, and the Agreement cannot be executed without this requirement.
The data will be retained for as long as the contractual relationship exists and even after, until the possible liabilities arising from it have expired. The data of the Parties may be communicated to banks and financial institutions for the management of payments and collections, and to Public Administrations in cases provided by law, for the purposes defined therein.
The Parties must communicate the information contained in this Clause to any person involved in providing the contracted Services who will be handling personal data.
Data subjects may request access to their personal data, its rectification, deletion, objection, portability, and restriction of processing at the address of the other Party listed in the header of this Agreement, and may also file a complaint with the Data Protection Authority.
15. LANGUAGE
CERTITUR may translate these Terms and Conditions or any other policy published on the Service. The Spanish version will prevail in the event of a conflict with other translations.
16. VALIDATION CREDIT REFUND POLICY
16.1. The Client acknowledges that once a purchased validation credit has been used to initiate the certification audit, it is non-refundable. In cases where the auditor identifies specific issues in the property’s data prior to the completion of the audit process—such as inaccuracies or missing information—that prevent the continuation of the validation, the credit will be returned to the Client’s account, allowing them to correct the information and resubmit the property for validation.
16.2. However, if the audit process is completed and the property does not meet the criteria for certification, the validation credit will not be refunded.
16.3. Credits that have not been used for validation purposes may only be eligible for a refund in cases of justified force majeure. CERTITUR reserves the right to approve or reject any refund request at its discretion, based on the circumstances and supporting documentation provided.
17. VAT EXEMPTION FOR EUROPEAN BUSINESS CLIENTS
17.1. Clients within the European Union who purchase validation credits are required to provide a valid European Union VAT Identification Number (VAT ID) for their business to confirm their status as a business entity within the EU and to qualify for the VAT exemption.
17.2. Failure to provide a valid VAT ID will prevent CERTITUR from recognizing the Client as a European business entity, resulting in the application of Spanish VAT to the purchase. No refunds or adjustments will be made for purchases in which the VAT exemption could not be applied due to missing or invalid VAT identification.
18. BUILDINGS AND COMPLEXES CERTIFICATION POLICY
18.1. For the purposes of this certification process, CERTITUR defines a “building” as any physical structure where multiple units or apartments are located within the same roofed space. This includes but is not limited to residential buildings, serviced apartments, and other types of complexes where multiple properties are listed under one collective structure on platforms like Booking.com.
18.2. To facilitate accurate certification and integration with external platforms, Clients with multiple properties in a single building or complex must create a “building profile” on the CERTITUR platform. This setup aligns the building’s structure within our system, ensuring that all units within the building can be certified collectively when we connect data with platforms such as Booking. Through this process, all properties within the building will be efficiently managed under one profile for certification purposes.
18.3. CERTITUR applies a specific formula to calculate the certification validity for a building, accounting for different audit dates among the properties:
- Grace Period: A grace period of one month is allowed from the date of the first property’s certification to enable audits of the remaining properties.
- Within Grace Period Completion: If the last property audit within the building is completed within this one-month grace period, the certification date for the building or complex will align with the date of this final audit.
- Outside Grace Period Completion: If the last property audit is completed after the one-month grace period, the building certification will use the grace period end date as the certification end date.
18.4. Validation credits are allocated individually for each property. Building or complex certification is achieved through the addition and successful audit of each property within the building profile, with specific audit requirements set according to the type of building or complex.
18.5. CERTITUR reserves the right to cancel or revoke any certification if it identifies any fraudulent use of the Service, including but not limited to the misrepresentation of property or building certification statuses on external platforms such as Booking.com through BeCause.eco, without proper and accurate certification audits for each property.
19. APPLICABLE LAW AND JURISDICTION
The Parties agree to resolve any disputes in good faith regarding these GTC. CERTITUR’s GTC are governed by Spanish law. The Parties submit to the Courts and Tribunals of Barcelona.