Terms and Conditions

Chapter 1 – General

Article 1. Definitions

In these general terms and conditions, the following definitions apply:

• Costa Assist: the user of these terms and conditions, operating under the name Costa Assist, service provider in the field of administrative support, emigration guidance and practical assistance with settling in Spain.
• Client: the natural person or legal entity that enters into an agreement with Costa Assist.
• Agreement / Assignment: any agreement in which Costa Assist commits to performing work or services for the client.
• Work / Services: all administrative, guiding and supporting activities performed by Costa Assist, including but not limited to emigration guidance, support with registrations, applications, documentation and practical settlement matters in Spain.
• Documents: all information, documents and data provided by the client, as well as all data collected or produced by Costa Assist in the context of the execution.
• Package: a bundle of services for a predetermined period or scope, at a fixed price or hourly bundle.

Article 2. Applicability

2.1 These general terms and conditions apply to all offers, quotations and agreements of Costa Assist.

2.2 Deviations are only valid if agreed in writing or by email.

2.3 General terms and conditions of the client are expressly excluded.

2.4 If a provision proves invalid, the remaining provisions remain fully effective.

2.5 All agreements are governed by Dutch law.

Article 3. Offers and Quotations

3.1 All quotations are without obligation.

3.2 Obvious errors or mistakes do not bind Costa Assist.

3.3 Quotations do not automatically apply to future assignments.

Article 4. Formation of Agreement

The agreement is formed after written or electronic acceptance of the quotation or order confirmation.

Chapter 2 – Execution of the Assignment

Article 5. Start and execution

5.1 Costa Assist starts work after order confirmation and receipt of payments due.

5.2 Costa Assist performs the work to the best of its insight and ability.

5.3 The agreement concerns a best-efforts obligation, not a guarantee of results.

5.4 Costa Assist is not responsible for decisions or delays by government agencies, notaries, banks or other third parties.

5.5 Costa Assist may engage third parties.

5.6 All information, guidance and support provided by Costa Assist is of a general informational and practical nature. Costa Assist does not provide legally, fiscally or notarially binding advice. The client remains responsible at all times for having decisions or documents reviewed by authorized professionals.

5.7 Costa Assist is not liable for errors, shortcomings, delays or omissions of third parties engaged by Costa Assist, government agencies, notaries, advisors, translators or other service providers.

5.8 Costa Assist does not guarantee the obtaining of permits, registrations, tax benefits, residence rights or other decisions by authorities.

Article 6. Client obligations

6.1 The client provides all required documents in a timely manner.

6.2 The client guarantees the accuracy and completeness of submitted data.

6.3 Additional costs due to incomplete or late information are at the client's expense.

6.4 Costa Assist may suspend work if data is missing or payment is overdue.

6.5 The client remains responsible at all times for making decisions based on provided information and for the final submission and accuracy of documents to authorities.

Article 7. Delivery times

7.1 Stated deadlines are indicative.

7.2 Costa Assist is not liable for delays caused by third parties or authorities.

Chapter 3 – Rates and Payment

Article 8. Rates

8.1 Work is invoiced based on hourly rate or package price.

8.2 All rates are exclusive of VAT unless stated otherwise.

8.3 Expenses and third-party costs are charged separately.

Article 8a. Price changes

8a.1 Costa Assist is entitled to index agreed rates annually in accordance with the consumer price index (CPI).

8a.2 Rate changes other than indexation are announced at least 30 days in advance in writing or by email. The client has the right to terminate the agreement within 14 days of notification if the increase exceeds 10%.

Article 9. Payment

9.1 Invoicing takes place in advance or monthly, depending on the arrangement.

9.2 Payment must be made within 7 days of the invoice date.

9.3 In case of non-payment, Costa Assist may suspend work.

9.4 Work already performed remains payable at all times.

9.5 In case of a joint assignment, clients are jointly and severally liable.

Chapter 4 – Amendment, Cancellation and Termination

Article 10. Cancellation and termination

10.1 In case of cancellation before work commences, Costa Assist may invoice 50% of the agreed amount.

10.2 In case of early termination of a fixed-term agreement, 25% of the remaining hours may be invoiced.

10.3 Work already performed is invoiced in full.

10.4 Agreements for an indefinite period have a notice period of one month.

Article 10a. Right of withdrawal

10a.1 If the agreement was concluded at a distance (e.g. via the website or email), the client as consumer has the right to dissolve the agreement within 14 calendar days after concluding the agreement without giving reasons (right of withdrawal).

10a.2 To exercise the right of withdrawal, the client must inform Costa Assist by email at info@costaassist.com.

10a.3 If the client has expressly requested that work begins within the withdrawal period, the client owes an amount proportional to the part of the assignment already performed at the time of withdrawal.

10a.4 The right of withdrawal expires once the service has been fully performed, provided the client has expressly agreed to the start of work within the withdrawal period.

Chapter 5 – Liability and Force Majeure

Article 11. Liability

11.1 Costa Assist is exclusively liable for direct damage that is the direct and sole result of an attributable shortcoming in the performance of the agreement.

11.2 Any liability for indirect damage, consequential damage, delay damage, loss of profit, missed savings, reputational damage, fines, missed opportunities, additional costs due to rejections or decisions by authorities, and damage due to not or late obtaining of permits, documents or registrations, is expressly excluded.

11.3 Costa Assist is not liable for damage resulting from:

• incorrect or incomplete information provided by the client;
• decisions or delays by third parties or government agencies;
• changes in laws and regulations;
• acts or omissions of third parties engaged by Costa Assist;
• advice or services of third parties engaged at the request or with the consent of the client.

11.4 The total liability of Costa Assist is at all times limited to the amount paid out by the liability insurance in the relevant case. If no payout is made, liability is limited to the invoice amount of the relevant assignment, with an absolute maximum of €2,500 per event.

11.5 Liability arises only if the client immediately notifies Costa Assist in writing of the default and provides a reasonable period to still perform.

11.6 Any claim for damages lapses if not reported in writing within 12 months of discovery.

11.7 The limitations of liability in this article do not apply if the damage is the result of intent or deliberate recklessness by Costa Assist.

11.8 The client indemnifies Costa Assist against claims by third parties arising from or related to the work performed by Costa Assist, insofar as these claims relate to incorrect information provided by the client or decisions taken by the client.

Article 12. Force majeure

12.1 In case of force majeure, Costa Assist may suspend or dissolve the agreement without compensation. Force majeure includes: delays at government agencies, digital disruptions at authorities, legislative changes, strikes, pandemics, closures of counters or government services. During force majeure, obligations are suspended without entitlement to compensation or dissolution.

Chapter 6 – Other Provisions

Article 13. Intellectual property

All documents, formats, advice and methods developed by Costa Assist remain the property of Costa Assist and may not be shared or commercially used without permission.

Article 14. Confidentiality

14.1 Parties are obliged to keep confidential information secret.

14.2 Costa Assist is not liable for damage resulting from the use of electronic communication, including loss, interception, delay or viruses.

Article 15. Complaints

15.1 Complaints about performed work must be reported in writing within 14 days of discovery.

15.2 Filing a complaint does not suspend payment obligations.

15.3 If complaints are not filed in time, all rights of the client lapse and Costa Assist is deemed to have performed correctly.

Article 16. Limitation

16.1 All claims by the client against Costa Assist lapse after 12 months from the date the claim arose, unless mandatory law prescribes a longer period.

Article 17. Disputes

Disputes are exclusively submitted to the competent court in the Netherlands.