General Contractual Conditions
heymondo.com CONDITIONS OF USE AND PURCHASE
These Conditions could be modified. It is your responsibility to read them periodically, since the applicable conditions will be those in force when each Contract is arranged (as defined below), or in default thereof when the website is used.
If you have any question connected with the Conditions or the Data Protection Policy you may contact us via our contact form, and we will be delighted to reply at the earliest possible opportunity.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
USE OF OUR WEBSITE
By making use of this website and contracting products via the site, you give the following undertakings:
I. Make use of this website only for legally valid queries or orders.
II. Not arrange any false or fraudulent contract. If it could reasonably be considered that such a contractual arrangement has been conducted, we will be authorised to cancel it and to inform the relevant authorities.
III. Provide us with your email address, postal address, and/or other contact details in a precise and accurate manner, in addition to all necessary information requested of you so as properly to subscribe insurance contracts. You likewise agree that we may make use of said information to contact you if necessary.
If you do not provide us with all the information that we require, we will be unable to process your insurance application. In arranging a contract via this website you declare that you are aged over 18 and enjoy legal capacity to enter into contracts.
HOW THE CONTRACT IS FORMALISED
In order to make a request, you will need to follow the online purchase procedure. Following this you will receive an email with your policy or contract, setting out all the details that you declare in the contractual process. The contract for the purchase of an insurance policy between us and you (the "Contract") will be dependent on payment of the premium.
PRICE/PREMIUM AND PAYMENT
The premium for insurance contracts will be as stipulated from time to time on our website.
You may use Visa, MasterCard and American Express cards as means of payment.
Credit cards will be subject to checks and authorisations by the corresponding issuer, but if said issuer does not authorise payment we will not accept liability for any delay or lack of insurance, and will be unable to formalise any Contract with you.
The gathering, storage and transfer of personal information via the website is performed in an encrypted manner through use of the SSL security protocol, an encryption system which provides absolute security in data transfers.
VALUE ADDED TAX
The prices on the website do not include VAT, as insurance contracts are exempt from this tax under the terms of the Spanish Value Added Tax.
EFFECT AND TERMINATION OF THE CONTRACT
The insurance is stipulated for the period indicated in the contractual Policy Schedule, and will take effect on the date and at the time indicated therein, provided that the schedule has been signed and the company has collected payment of the first premium charged.
If your contract is arranged for renewable periods it will be automatically extended for subsequent periods of the same duration, unless: a) either of the Parties should repudiate the extension by serving written notice on the other Party at least two months in advance of the expiry of the period in progress; b) the beneficiary of the insurance repudiates the extension in the manner stated in the general causes.
Both Parties may, by common agreement, terminate the contract after declaration of a claim. The company will in this case reimburse the Policyholder the total part of the premium corresponding to the period between the date of effect of the cancellation and the expiry date of the insurance period in progress.
The insurance will take effect at 12:00 hours on the day after the date when the Policyholder granted consent, unless some other date is explicitly agreed. In any event, the date of effect will be indicated in the policy schedule.
If the Policyholder is considered to be a consumer, in other words a natural person acting for a purpose unconnected with their own commercial or professional activity, they will be granted a period of 14 calendar days to abandon the contract, without having to state the reasons and without suffering any penalty, provided that no insurance claim has arisen. This period will be calculated from the date when the contract was arranged, or the date when the insurance company sent the consumer the provisional cover document or policy. The online abandonment form is available via the following link: https://heymondo.com/dismissal/
The Policyholder must inform the insurance company of said circumstance by means of a procedure providing confirmation of notification in any of the legally permitted forms, and will be obliged to make payment of the corresponding premium up until the point of abandonment. If the premium has been collected, the insurance company will reimburse the Policyholder the aforementioned amount within a maximum period of 14 calendar days, except that part corresponding to the period during which the contract was in force up until the point of abandonment.
You acknowledge and agree that all copyright, registered trademarks and other intellectual property rights in the materials or content provided as part of the website are at all times held by us, or the parties which licensed us to make use thereof. You may make use of said materials only in the manner in which we or our licensors explicitly authorise their use. This will not prevent you from making use of this website to the necessary extent to copy information about your order or contact details.
VIRUSES, PIRACY AND OTHER COMPUTERISED ATTACKS
You must not make improper use of this website by deliberately introducing viruses, Trojans, worms, logic bombs or any other technologically damaging or harmful program or material. You shall not attempt to gain unauthorised access to this website, to the server on which the site is hosted or to any server, computer or database connected with our website. You undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Any breach of this clause could give rise to the commission of offences penalised under the applicable regulations. We will inform the competent authorities of any breach of said regulations, and cooperate with them to discover the identity of the attacker. Furthermore, in the event of a breach of this clause you will immediately have your authorisation to use this website repealed.
We will not bear liability for any damage or loss resulting from a denial of service attack, viruses or any other technologically damaging or harmful program or material that could affect your computer, IT equipment, data or materials as a consequence of the use of this website or the downloading of content from it or any to which it might redirect.
LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party materials, said links are provided purely for information purposes. We do not exert any control whatsoever over the content of such websites or materials. We therefore decline all liability for any damage or loss derived from the usage thereof.
The applicable regulations require that some of the information or communications we send to you should be in writing. By using this website you accept that most of these communications with us will be electronic. For contractual purposes, you agree to use this electronic means of communication, and acknowledge that all contracts, notices, information and other communications that we might send to you via electronic channels comply with the legal requirements as written communications. This condition will not affect your acknowledged statutory rights.
Any notices that you might be required to serve on us should preferably be submitted via our contact form. In accordance with the provisions of the above clause, and unless stipulated otherwise, we may send you communications either to your email address or to the postal address that you provided when placing an order.
Notices will be deemed to have been received and properly served at the moment when they are uploaded to our website, 24 hours after an email was sent, or three days after the franking date of any letter. Sufficient proof of service of a notice will be provided, in the case of a letter, by the fact that it had the correct address, the proper stamp, and was duly handed over at the post office or posted in a post box, and in the case of email, if it was sent to the email address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it, without first having obtained our written consent.
We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it, at any time during the term of validity of the Contract. To dispel any queries, such transfers, assignments, encumbrances or other transfers will not affect any statutory rights that you might enjoy as a consumer, nor cancel, reduce or in any way restrict both explicit and tacit guarantees that we might have granted to you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any breach or delay in the performance of any of the obligations incumbent on us under a Contract where the cause is the consequence of events outside our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure will include any act, event, inaction, omission or accident lying outside our reasonable control, including, among others, the following:
I. Strikes, employer lockouts or other protest measures.
II. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether or not declared) or threat of/preparations for war.
III. Fire, explosion, storm, flooding, earthquake, sinking, epidemic or any other natural disaster.
IV. Impossibility of using trains, ships, aircraft, motorised transport or other means of transport, whether public or private.
V. Impossibility of using public or private telecommunications systems.
VI. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
VII. Strikes, failures or accidents of maritime or river transport, postal or any other type of transport.
Our obligations derived from Contracts will be deemed to be suspended throughout the duration of the Cause of Force Majeure, and we will be granted an extension to the deadline for fulfilment of such obligations, of a time period equal to the duration of the Cause of Force Majeure. We will deploy all reasonable resources to bring the Cause of Force Majeure to an end, or to find a solution allowing us to perform our obligations under the Contract, despite the Cause of Force Majeure.
Should any of these Conditions or any provision of the Contract be declared null and void by means of a binding ruling handed down by a competent authority, all other terms and conditions shall remain in force, without being affected by said declaration of nullification.
These Conditions, and all documents explicitly referred to herein, constitute a comprehensive agreement in place between you and ourselves in connection with the object hereof, replacing any other previous arrangement, agreement or promise established between you and ourselves, either verbally or in writing.
You and ourselves acknowledge that we have agreed to execute the Contract without relying on any declaration or promise made by the other Party or any that might be inferred from any declaration or written text in the negotiations engaged in by the two Parties prior to the Contract, other than as explicitly referred to in these Conditions.
Neither you nor ourselves will have the right to bring action in response to any untrue statement given by the other Party by word or in writing prior to the date of the Contract (unless said untrue statement was issued in a fraudulent manner), the only action to which the other Party would be entitled being as a result of a breach of contract under the terms of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
We are entitled to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time when you use this website or place each order, unless we are required by law or by the decision of a governmental body to make changes to said policies, Conditions or the Privacy Declaration on a retroactive basis, in which case the possible changes will likewise affect any orders that you might previously have placed.
APPLICABLE LEGISLATION AND JURISDICTION
Use of our website and the insurance contracts subscribed via said site shall be governed by Spanish legislation.
These General Conditions are governed by Spanish law. The Parties, of their own volition, agree to the authority of the courts of the domicile of the user to resolve any conflicts, waiving any other legal forum. Likewise, as our organisation has subscribed to the Confianza Online scheme, in accordance with the terms of the Code of Ethics thereof, in the event of any disputes regarding online advertising contracts, data protection and child protection, users may make use of the out-of-court dispute settlement system of Confianza Online (www.confianzaonline.es)
Traders in the EU that arrange sale and purchase or service provision contracts online must provide an electronic link on their websites to the online litigation resolution platform. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show This link must be easily accessible to consumers.
COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. We would ask you to send us such comments and suggestions via our contact form.
We also have official complaint forms available to consumers and users. These may be requested via our contact form.
GENERAL INFORMATION FOR CUSTOMERS OF SMART INSURANCE CORREDURIA DE SEGUROS S.L.
In fulfilment of the provisions of Private Insurance and Reinsurance Brokerage Act 26/2006, of 27 July 2006, we hereby inform you of the following:
Insurance Intermediary: SMART INSURANCE CORREDURIA DE SEGUROS, S.L., with Tax ID number B66843798.
This brokerage is duly registered in the administrative registry of the Directorate-General for Insurance and Pension Funds, with the code J3422.
This brokerage does not hold any direct or indirect stake in the share capital of insurance entities, nor does any insurer or related company hold a stake in SMART INSURANCE CORREDURIA DE SEGUROS, S.L.
In accordance with the provisions of Order ECO734/2004, of 11 March 2004, we hereby inform you that if you wish to raise any grievance concerning our actions as brokers, you may contact our Customer Care Service at: Emin Legal, of registered office at Travessera de Gràcia 73, 4, 3, Barcelona 08006. This department is granted a period of two months to settle the claim. We can provide you with the legally compliant regulations governing the functioning of said department, should you so wish.
Policy brokerage will be conducted on the basis of information concerning the risk and the cover that you ultimately wish to arrange. It is important for you to check the details of the policy, and if you find any mistakes or discrepancy regarding the terms agreed or regarding your request, you should immediately inform us thereof.
Pursuant to the provisions of the Personal Data Protection Act, we hereby inform you of the following:
a. This insurance brokerage has a customer database file in place in order effectively to fulfil its professional and commercial functions of advice, assistance and brokerage in the field of insurance. In addition to this brokerage, the insurance companies for which we act as policy brokers receive this information, as do legal practices, loss adjusters, assistance services and other external companies working as support partners of this brokerage.
b. You may access, rectify and cancel your personal data.
c. This insurance brokerage is the data controller for the filing system or database.
Until such time as I should revoke this engagement, I explicitly AUTHORISE this brokerage to conduct with insurance companies in my name any communication that I might indicate to it by any written or electronic means, including communications to contract, modify or cancel insurance contracts in which it acts as the broker in my name, following my instructions and for the benefit of the insured.
I likewise AUTHORISE the brokerage to store my identification data and data regarding my risks following termination of the policy, either to replace it with another, or to be in a position to present new product offerings that might be of interest and, where applicable, for these to be accepted, to act as broker in the corresponding policies, and also to keep me informed of any developments or offers that might be of relevance to me.
Until such time as I should revoke this engagement, I AUTHORISE the brokerage to send commercial communications and/or those concerning the management of policies via email, text messages to mobiles, or any other electronic communication platforms that might exist in the future.