Terms and
Fees
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 regulating the contracting with consumers of mortgage loans or credit and of 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 PRESTAMO CAPITAL):
1.- Regarding the company:
Name: Ondara Capital, S.L. Tax ID (CIF): B67229757 Registration in the Bank of Spain Register of Entities as PICI (Real Estate Lender and Real Estate Credit Intermediary): D552 Registered office: c/ Muntaner, 354, 4-2, 08173 Barcelona Contact: Telephone: 932.20.22.63 / Email: legal@prestamo.capital / Web: https://prestamo.capital Civil liability insurance policy: Lloyd’s Insurance Company S.A with CAA No. B1102K0028919000, policy no. BNE202000134, as a CREDIT AND MORTGAGE INTERMEDIARY, with an insured capital per claim of €460,000.00 (FOUR HUNDRED AND SIXTY THOUSAND EUROS) and an aggregate annual limit of SEVEN HUNDRED AND FIFTY THOUSAND EUROS (€750,000). Lloyd’s Insurance Company S.A. is a Belgian public limited company with registered office at Bastion Tower, Marsveldplein 5, 1050 Brussels, Belgium, 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 loans granted by Prestamo Capital:
Loan characteristics. As a real estate lender, Prestamo Capital directly grants mortgage-backed loans from €20,000 to €3,000,000. At the applicant’s request, Prestamo Capital studies their specific financing needs and provides simulations of the repayment schedule according to the most suitable repayment system or the one chosen by the Client. Before signing, the Client receives the European Standardised Information Sheet (FEIN/ESIS) and the Standardised Warnings Sheet (FiAE) provided for in Law 5/2019.
Price: Nominal interest rate (TIN) of 7% to 13% (APR/TAE of 10% to 18%), depending on the amount, the term, the collateral and the Client’s profile. The exact conditions of each loan (TIN, TAE, commissions and costs) are set out in the FEIN and in the binding offer, which the Client receives before signing.
3.- Regarding the intermediation service offered:
Characteristics of the Service. When the transaction is not financed with own funds, Prestamo Capital will provide, as a real estate credit intermediary, financial intermediation services without exclusivity with any credit or financing institution, such that, at the applicant’s request, their specific financing needs will be studied in order to go to the market in search of a financing solution through natural or legal persons granting a mortgage-backed loan/credit, providing the applicant with various simulations of repayment schedules according to the most suitable repayment system or the one chosen by the Client. The Client will be given the appropriate information prior to entering into the financing agreement, obtaining the mandatory documentation from the financing entity/person. In these intermediation transactions, Prestamo Capital is not the lender and its role is limited to intermediation between borrower and lender. The Client is obliged to reliably communicate to Prestamo Capital any doubts regarding the financing agreement, as well as the specific clauses of the financing agreement that they wish to negotiate individually with the lending entity or person. Price: The fees will be fixed and will accrue from the moment the financing agreement is formalised. Notwithstanding the foregoing, Prestamo Capital will be entitled to charge 80% of the fixed fees agreed for the intermediation when, having obtained one or more binding financing offers meeting the characteristics requested in the financing application, the loan has not been formalised for reasons attributable to the Client. Prestamo Capital does not receive any remuneration from the lender as a result of the formalisation of the loan.
Prestamo Capital’s fees will be as follows:
Intermediation in obtaining consumer loans: A maximum of 5% of the capital granted, with a minimum of €600. Intermediation in obtaining mortgage loans with banks: Between 3% and 6% of the capital granted, with a minimum of €2,500. Intermediation in obtaining mortgage loans with private capital: Between 3% and 20% of the capital granted, with a minimum of €2,500. Corporate Bank Pool Restructuring: Between 0.50% and 5% of the capital, with a minimum of €5,000. Commissions, Charges and Costs. Obtaining the financing requested by the applicant generates or may generate a series of commissions and/or costs that are completely unrelated to the remuneration derived from the intermediation service, such as valuations, arrangement fees, service fees, penalties, Stamp Duty (Actos Jurídicos Documentados), notary and land registry fees, agency fees and any others that may result from the cancellation of prior charges, which will be invoiced by the corresponding entities or persons. Taxes: The amount invoiced for financial intermediation is exempt from VAT. Payment Method: Intermediation fees will be paid by bank transfer or by bank cheque made out to the company, and the corresponding invoice will be sent after payment of the fees. In the case of Loan Consolidation: If the financial intermediary advises consolidating loans or credits into a single one, 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 proposed for consolidation. The comparison will also take into account all costs and commissions for the intermediation service and all costs and commissions of the proposed loan or credit agreement.
4.- Regarding the intermediation agreement:
Right of withdrawal: THE CLIENT has the right to withdraw from the intermediation agreement by any legally accepted means; in addition, Prestamo 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 from the signing of said agreement has not elapsed, without the need to give any reason and at no cost to the CLIENT. Therefore, with no costs other than those incurred and duly evidenced, with the breakdown presented in the pre-contractual information. The CLIENT 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 they reported their decision to withdraw, using the same means of payment used by the CLIENT for the initial transaction, unless the CLIENT has expressly agreed otherwise and provided that the CLIENT does not incur any cost as a result of the refund.
Right of Early Termination of the Agreement: The agreement may be terminated early and unilaterally by a party who, having fulfilled the agreed obligations, alleges a serious and essential breach of the other party’s obligations, provided that the other party has been given a reasonable period to comply with what is required, all in accordance with the applicable regulations.
Right to the general terms of contract: Prestamo Capital makes the general terms of contract available to the interested party free of charge by sending a written contract setting out the typical contractual terms, without this entailing any obligation to contract on the part of the interested party.
Means of Complaint: Prestamo Capital has a complaints and claims protocol, provided to its clients, setting out the procedure for making out-of-court complaints and the means for doing so.
Who can complain: The parties to any loan or financial intermediation agreement entered into with Prestamo Capital.
How to complain: The signed complaint or claim must be addressed to Prestamo Capital’s complaints address by post (c/Muntaner 354, 4º, 2ª -08021- Barcelona) or by email to: legal@prestamo.capital, in accordance with Law 59/2003 of 19 December on Electronic Signatures. You may also use these channels for any additional clarification or query, or call our customer service line: 932.20.22.63
The complaint or claim must be made in writing and must include your personal details, address and the facts on which your claim is based.
Minimum content of the complaint: You must submit your complaint together with all the documentation supporting the allegations made in your interest. You must enclose your national identity document or specific power of attorney for this purpose, with specific details of the loan or financial intermediation agreement entered into with Prestamo Capital.
If a complaint is submitted without attaching and identifying all the documentation necessary to respond to it, Prestamo Capital reserves the right to close the file for lack of documentation one month after the complaint was lodged if the client has not provided the additional documents requested by Prestamo Capital that may be necessary to resolve the complaint.
How we resolve your complaint:
Prestamo Capital will acknowledge receipt of your complaints and claims and analyse them with the competent staff for analysis and resolution. Prestamo Capital will resolve your complaint or claim within one month. For the purposes of calculating this period, it will start when the complaint or claim is submitted, although the calculation may be interrupted if it was not submitted correctly, in which case the period initially started will resume. The resolution will be binding on Prestamo Capital.
Prestamo Capital will communicate the resolution of the complaint or claim through the same channel through which it was lodged.
If your complaint or claim is rejected or the maximum resolution period has elapsed, you may lodge your complaint, within a maximum of one year from the date the complaint was lodged (not from its resolution), with the consumer dispute resolution body for the financial sector referred to in the first additional provision of Law 7/2017 of 2 November, which transposes 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, this will be the Bank of Spain’s complaints service, regulated in Article 30 of Law 44/2002 of 22 November on Financial System Reform Measures.
Bank of Spain complaints service
C/ Alcalá, 48, 28014 Madrid Telephone: 91-338.65.30 Web: www.bde.es In turn, in proceedings relating to the CIR, electronic submission is enabled for the corresponding written responses to the claims raised by the holders pursuant to the provisions of Article 65 of Law 44/2002, as described on the page of the Electronic Registry on the Bank of Spain website.
As part of its commitment to electronic administration, the Bank of Spain has joined the Notific@ platform of the General State Administration. The electronic communications and notifications issued by the Bank of Spain are received by citizens through the citizen folder accessible from the Website of the General Access Point of the General State Administration (PAG).
Language: Pre-contractual and contractual information will be provided in Spanish and may be translated into the language desired by the Client in case of lack of understanding, bearing in mind that the cost of the requested translation will be borne by the applicant.
Legislation applicable to the agreement: The following apply: Law 5/2019 of 15 March regulating real estate credit agreements; Royal Decree 309/2019 of 26 April, partially implementing Law 5/2019 of 15 March regulating real estate credit agreements and adopting other financial measures; Law 2/2009 of 31 March regulating the contracting with consumers of mortgage loans or credit and of intermediation services for the conclusion of loan or credit agreements; Royal Decree 106/2011 of 28 January creating and regulating the state register of companies provided for in the aforementioned law; and Royal Legislative Decree 1/2007 of 16 November approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary regulations.
Tax treatment applicable to the agreement: In compliance with Royal Decree-Law 12/1995 of 28 December, once the variable fees have been paid, the intermediary will issue the corresponding invoice specifying the concept and details of the fees invoiced. Amounts invoiced for intermediation are exempt from VAT. The interest and commissions on loans granted by Prestamo Capital are also exempt from VAT, in accordance with Article 20.One.18 of Law 37/1992 on Value Added Tax.
You are entitled to receive the invoice free of charge on paper and electronically, as the invoice is available in this format whenever you expressly request it using the contact form on the website at: https://prestamo.capital/contacto/. También la puede solicitar en formato papel por este mismo medio.
