Terms & Conditions

Polaris World - Trading Terms rmadoc/polaris terms 2

1. Definitions
1.1 “the Company” means Polaris Ventas S.L., a Spanish Company whose principal place of business is at “Parque Empresarial Polaris World”, Autovía Murcia-San Javier, Km. 19, 30.590 Balsicas, Murcia (Spain), the contracting Polaris World company in relation to the Services.
1.2 “the Group” means the Company’s holding company (if any), and any subsidiary or associated company of the Company from time to time.
1.3 “the Client” means the person, firm or company to whom this contract is addressed.
1.4 “the Services” means the services provided by the Company to the Client pursuant to this contract, including but not limited to the Property Management Service and the Financial Service. For the avoidance of doubt, the Services do not include food and beverages outside the programmed meals or any room service (pay-TV, mini-bar, etc) distinct from the strict hotel accommodation.
1.5 “the Property” means the property that the Client purchases following an introduction by the Company.
1.6 “Discovery Tour” means a scheduled visit or presentation organised by the Company on behalf of the Client and “Inspection Visit” or other similar expressions shall have the same meaning.
1.7 “the Property Management Service” means the after sales maintenance and management services provided by the Company to the Client in relation to the Property.
1.8 “the Financial Service” means pre-sales advice, which may be provided by the Company to the Client in relation to potential purchases of property.
2. Formation of the Contract
2.1 These Trading Terms shall form the basis of the contract between the Company and the Client. These Trading Terms shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the Company. No servant or agent of the Company has power to vary these Trading Terms orally.
2.2 The acceptance by the Client of the Services shall constitute acceptance by the Client of these Trading Terms. By accepting these Trading Terms, the Client undertakes to take part in all activities forming part of the Discovery Tours.
2.3 The construction, validity and performance of these Trading Terms and this contract shall be governed by English Law.
2.4 These Trading Terms shall be subject to any conditions as may appear overleaf.
2.5 Certain Services will be provided subject to the standard trading terms of a third party supplier (“the Supplier”). Such terms will inevitably include clauses limiting or excluding the Supplier’s liability to the Client. This contract shall be deemed to include and be subject to such terms, which are available upon request.
2.6 These Trading Terms supersede all previous terms issued by the Company.
2.7 All notices to be served under these Trading Terms shall be served by first class pre-paid post, facsimile message or e-mail, at the registered office or principal address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3. Discovery Tours
3.1 It may be the case, for reasons beyond the Company’s control, that travel arrangements in relation to any Discovery Tour are delayed or may be cancelled. In such circumstances, the Company will inform the Client of such delay or cancellation and, if required, will use its reasonable endeavours to make alternative arrangements on the Client’s behalf.
3.2 For the avoidance of doubt, the Client recognises that the Company shall not be liable to the Client in any way as a result of any losses suffered or expenses incurred by the Client under sub-clause 3.1 of these Trading Terms. If requested by the Client, the Company shall provide reasonable assistance to the Client (at the cost of the Client) in the pursuance of any recourse that the Client may seek from the relevant carrier, subject to any limitations imposed on the Company by any relevant International Convention.
3.2 Following the occurrence of any of the events set out in paragraphs 3.2.1 to 3.2.5, the Client will pay to the Company all related third party costs for which the Company is liable, likely to be the full cost of the flights, accommodation and pre-arranged meals, net of any financial contribution to the cost of such services paid by the Client. The Company will do its best to minimise such costs. The events comprise:-
3.2.1 the intimation by the Client, either verbally or in writing, of a desire to cancel a flight booking;
3.2.2 the Company forming the view, acting reasonably, that the Client does not have a legitimate intention to attend a Discovery Tour;
3.2.3 the Client’s failure to catch the relevant flight for any reason;
3.2.4 the Client’s failure to attend all of the events and activities scheduled for the Discovery Tours; or
3.2.5 if, in the reasonable view of the Company, the Client has behaved or is behaving in a way which caused or will cause or is likely to cause upset or annoyance to others or damage to property. In such circumstances, the Company has the right to terminate the Discovery Tour immediately and the Client will be responsible for all further travel arrangements.
3.3 The Client shall not, in any circumstances, alter flights or any aspect of the Discovery Tour directly with the relevant airline. Any necessary alterations must be made through the Company. Any attempt to make alterations other than through the Company will render the Client liable for all travel costs, including the cost of flights and any administrative charges.
3.4 The Company does not accept any responsibility for visa or passport requirements, health formalities or other travel related matters.
3.5 Where the Company arranges insurances on the Client’s behalf, the Company cannot be held responsible for any shortfall or lack of cover, provided that the Company actually effects such insurance in accordance with details provided.
3.6 The Client must advise the Company, on the booking form, of any pre-existing medical conditions or disabilities, which may require additional assistance. The Company will not be liable if an airline refuses to accept the Client and/or the Client’s companions if not advised of a condition or disability.

4. Purchase
4.1 The introduction of the Client to the seller of the Property selected by the Client constitutes an introduction service. Any contract for the erection and sale of the Property is a contract between the seller and the Client. Notwithstanding that the seller of the Property will be a Polaris World Group Company, the Company cannot accept any liability for any losses suffered by the Client resulting from breaches by the seller of its obligations to the Client.
4.2 The Client must not deal direct with an intermediary or real estate agent in connection with the purchase of any property developed by any of the companies belonging to the “Polaris World” Group. In the event that the Client does this, the Client will be obliged to pay to the respective developing company a sum equal to the amount of commission that this developing company may have to pay to the introducing agent engaged by the Client.
5. Additional Services
5.1 Details of the Property Management Services are provided on the Company’s website. The Company reserves the right to engage third party companies to provide such Services, on a non-recourse basis.
5.2 The Financial Service and the Foreign Exchange Service comprise advice and referrals which may be made by the Company to various providers of finance and/or foreign currency. The Company will not be a party to any such services. The Company does not accept any responsibility for any losses or expenses incurred by the Client as a result of using these services.
6. Payment of Invoices
6.1 The Client must raise any queries on any invoice within 7 days after the date of the relevant invoice. Invoices must be paid within 7 days of the date of the invoice.
6.2 The Company reserves the right to charge interest at 4% per annum above the base rate from time to time in force of Barclays Bank Plc, London, on all overdue accounts.
6.3 The Client shall not be entitled to withhold payment of any amount payable under this contract for any reason, including but not limited to any dispute or claim by the Client.
6.4 All legal costs and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Client or otherwise to enforce its rights under this contract will be recoverable from the Client on an indemnity basis.
7. Delivery of the Services and Defective Services
7.1 The Company will use all reasonable endeavours to provide the Services in a prompt and efficient manner. Due to the diverse nature of the Services and the fact that, in many cases, the Company is dependent on third parties for the carrying out of certain tasks, the timing of the provision of the Services is not guaranteed. No liability will be accepted for any loss suffered or caused through late delivery or non delivery of the Services and time of delivery of the Services shall not be of the essence.
7.2 If the Client wishes to claim that the Company has defaulted on its obligations to provide or deliver the Services, the Client shall give notice in writing of such alleged default to the Company within 7 days after the time of supply of the Service in question, failing which the Company shall be entitled to assume that such Services have been satisfactorily provided.
7.3 Where the Company is liable for non-performance or improper performance by a third party, the Company’s liability is limited to the amount that the Company can validly recover against the third party, under the trading terms of the third party.
7.4 The Company cannot accept any liability for any losses suffered by the Client resulting directly or indirectly from work or services provided (or not provided) to the Client by any third party.
7.5 The Company will not be liable for any failure to supply the Services resulting from the Client providing the Company with incorrect or incomplete instructions.
7.6 Subject to the limitations of liability set out above, the Company’s liability to the Client for any loss or damage (other than damages for personal injury or death resulting from the Company’s direct negligence) which the Client may suffer is limited to £500.00.
7.7 The Company shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify the Company in respect of any claim of any person in respect of such consequential or indirect loss.
7.8 This clause 7 constitutes the entire liability of the Company under this contract.
8. Force Majeure
8.1 In certain circumstances, the provision of the Services may be delayed or cancelled for reasons beyond the Company’s control, including but not limited to strikes, fire or accidents. In such circumstances, the Company shall use its reasonable endeavours to make alternative arrangements on behalf of the Client, but it shall not be liable to the Client in any way as a result of any losses suffered by the Client in this regard.
9. Data Protection

9.1 The Company, other members of the Group and the third party providers of the Financial Service or Property Management Service may use your personal information (“the Information”) to inform you about products and services which may be of interest to you.

9.2 In accordance with the Spanish legislation governing data protection, the Client hereby consents that his personal data can be incorporated into a data base managed by Polaris Ventas, S.L. The client also consents to that data being used by other companies belonging to the Group such as Polaris Hiedra, S.L., Polaris World Home Style, S.L., Nicklaus Golf Trail, S.L., La Torre Polaris Hotel, S.L. and Polaris Hotels, S.L. for the purposes of marketing their respective products and services.
The client is also informed about his right to have access to, modify and cancel his data from the data base where the data are incorporated by sending a notice to Polaris Ventas, S.L. at the following address: “Parque Empresarial Polaris World”, Autovía Murcia-San Javier, Km. 19, 30.590 Balsicas, Murcia (Spain).