Terms and conditions and rules of conduct

(Revised October 2024)

Terms and Conditions for the use of Fastighets AB Anders – Ärlig apartments in Andalucia del Mar (hereinafter referred to as FAM).

1. the apartment

The shareholder shall keep the apartment and its facilities and equipment in good condition and take good care of it.
When using the apartment, the shareholder is obliged to observe everything required to maintain soundness, order and a satisfactory condition in the apartment and in the property in general.
The shareholder is not entitled to make any changes to the apartment without the Company’s permission.

On departure, the apartment must be left well cleaned and without damage to the furniture. Damage to furniture and missing household goods must be reported to the NAM office and replaced.
If the apartment is left uncleaned, the cost of cleaning will be charged to the person who left the apartment uncleaned. The same applies to damaged furniture and missing household goods.

There are storage rooms in the garages where owners can store private belongings. Suitcases, plastic bags and golf bags may be stored in the storage room. However, a maximum of 2 bags per owner. Keys to the lockers can be purchased at the NAM office. There are also some lockers for rent and there is a separate queue for these.

2. no smoking and no animals inside the apartments

Smoking is not allowed inside the apartments.
Smokers are referred to the outdoor balconies. Consideration should be given to nearby residents who may be disturbed by the smoke.

In view of the allergy of shareholders and the problem of sanitary problems, pets are not allowed in the apartment. In the event of a breach of this rule, the Board of Directors may decide on a forfeiture of the right of use. The costs of cleaning up the apartment will be charged in full to the offender.

3. Key to the apartment

Lost keys are a major problem that causes costs in the form of lock changes and increases the risk of burglary, etc. Each shareholder should therefore only have their own key to the gate and the apartment’s lock through the Company, a total of three keys. To avoid the risk of theft, no extra keys to the apartment should be in the apartment upon arrival. If necessary, extra keys can be collected and
signed for from the Spanish service company NAM.

When selling a share, a set of keys must accompany the purchase. If this is not the case, it is the seller’s responsibility to pay for new keys via the NAM office.

4. registration, exchange date, and exchange times

Shareholders must always notify their intention to occupy the apartment on the notification form available on the website, “andaluciadelmar.se”.

The notification must state the time of arrival, day of departure, number of persons staying in the apartment (maximum of six persons plus infants in a cot rented by NAM) and any need to rent cots, high chairs, transportation from the airport or other services provided.
The arrival notification can also be emailed to the NAM service company, email info@nordicandalucia.com.

Registration must be received by NAM at least three (3) weeks before the arrival date!

Move-in and move-out take place on Fridays in the week before the week of use.
The earliest time to move in is 14:00 on the day of the exchange. This is so that cleaning and any repairs, inspection of the apartment, etc. can be carried out between moving in and moving out.
The car can be used from 14.00.
Departure must take place by 09:15 at the latest, unless otherwise agreed with the NAM service company.
If the owner has not notified his/her arrival in time, he/she cannot expect the apartment to be available or a car to be available.

5. Own measures before moving in and out

There must be an information folder in the apartment, the floor folder. The contents of the folder must be available in Swedish and English. The binder contains detailed descriptions of the responsibilities that the occupant of the apartment must observe and the measures that the occupant must take on arrival and before moving out.

The user of the apartment is obliged to make use of the information contained in the inventory.

The main measures are:

Report any defects in the apartment and damage to the car to the NAM service company immediately.
Check the apartment, the equipment according to the list, the keys and inspect any damage to the car on arrival.
Wash and clean according to the instructions in the binder before moving out.
Collect cushions from the balconies and secure the shelters in a folded position before moving out.
Collect all laundry in the laundry bag provided in connection with the apartment at least two days before moving out.
Leave extra keys, car keys and garage keys in the apartment.

The NAM service company may, after placing an order and against payment in accordance with
price list, perform parts of the above services. Please contact the office if you need assistance.

If the shareholder/tenant does not fulfill its obligations as described above, a separate charge will be made by NAM for the measures it has been forced to take.

6. Urgent and necessary management measures

If NAM staff need access to the apartment during the period of use, the following procedures apply:

No later than the day before access is requested, staff will inform the shareholder/guest of the desired time for e.g. a necessary repair. If the proposed time is unsuitable, the service company is contacted for a new appointment.

In the event of an emergency, such as a water leak or an electrical fault, the NAM service company’s staff are entitled to enter the apartment with a spare key, but only after ensuring that the apartment is empty.

7. Ongoing management

The Board is responsible for the day-to-day management and finances of the companies/apartments.
The Board sets the standards for management, which each owner must follow, in the Terms and Conditions.

The board of directors decides and the annual general meeting finally determines the weekly fee including costs and any unconditional owner’s contribution to be paid by an owner for the management, operation, maintenance, investments and for maintaining the standard of the apartment.

The weekly fees are intended to cover, among other things, the costs of:

administration in Sweden and in Spain
property taxes
the comunidad fee (staircase cleaning, building maintenance, garden maintenance, pool maintenance, security staff costs and fees for waste collection, satellite TV, broadband, etc.)
insurance policies
costs for electricity, cleaning, water and sewage, etc.
repairs
maintenance, renewal of furniture and textiles, etc.
certain investments.
(Major investments such as kitchen and bathroom refurbishments are decided separately in consultation with shareholders)
cleaning
costs of management, administration, accounting, auditing, etc.
service company NAM S.L (AB in Spanish), i.e. costs for staff, office, cars, cleaning/laundry, accounting, administration, auditing, repairs, investments, etc.)

Operating costs are invoiced at most twice a year, in February and in August, unless otherwise decided by the Board. The invoice is addressed to the owner notified and registered in the share register on the invoice date, who is also fully liable for payment of the invoice.

The owner has the formal liability to the company.

The invoice(s) must be paid within 30 days of the invoice date!

In the event of late payment, additional costs for penalty interest, administration, collection and rental work, etc. will be charged.
Please note that an unpaid reminder fee will be carried over to the next invoice, in which case an additional fee of five hundred (500) kronor will be charged.

The cost of a request for an additional invoice for the weekly fee or another fee will be charged at five hundred (500) SEK.

8. Damages and liability

The shareholder is liable for all damages to the apartment, to fixtures and fittings and for damages to the car.
The liability applies to the own household and also includes guests invited by the owner.
In the event of an unauthorized rental or lending, the same liability applies to the owner.

Damage must be reported and paid immediately to the NAM service company. If necessary, the amount will be invoiced plus administrative costs.

9. the car

There is a car at the disposal of the shareholder and a designated parking space, numbered on the floor, in the garage under the building. Car and garage keys are in the apartment.

If the car is to be driven by someone under the age of 25 , additional insurance will be required and paid for by the shareholder. Contact the NAM office for assistance with this.

The car should be looked after with care. Upon arrival, the car must be inspected by the shareholder. Any defects or damage to the vehicle must be reported immediately to the NAM service company.

The garage door card stored in the car must not be removed from the car. The card is located behind the sun visor on the driver’s side of the car. In the event of loss of the card, NAM must be notified immediately.
The shareholder is liable for the cost of a new card.

When moving out, the car should be washed and vacuumed. The car must be fully refueled and the oil, water and air pressure must be checked. The service can be purchased via the NAM office.
At the end of the period of use, the car must be parked in the designated parking lot no later than 08.00 on the day of the exchange.

The car and garage keys as well as the issued door and gate keys must be left in the apartment and collected by the service company staff. In the event of a car malfunction and damage, the shareholder must immediately notify the staff of the NAM service company and a deductible for the damage must be paid.

The shareholder is responsible and liable for damages etc. that occur to the car, regardless of whether it is his own use or someone else’s use. The same applies to unpaid parking fines, customs fees, etc. that have arisen during the period of use.

If the owner/tenant does not fulfill its obligations as described above, a separate charge will be made to the shareholder for the measures it has been forced to take.

In the case of a lease to a person other than a shareholder, a car is not included in the lease concept, unless otherwise agreed.

10. Granting of the right to use an apartment

All rights of use are granted through the NAM office.

When owners of apartments are unable to use their weeks, the right of use can be granted to others via the owner page on the website, i.e. in logged-in mode, to owners of shares in all companies within FAM, their relatives and tenants who have contact with the NAM office. All leasing always takes place via the NAM office, which draws up a contract. If relatives and friends of the owner rent, it
must be done through the existing owners’ care and responsibility. The price is set at the current weekly fee for each apartment, excluding investments and extra fees.
When renting to relatives and friends, i.e. not owners in FAM, NAM charges a service fee including kitchen cleaning. If the lease involves extra cleaning of the apartment, a cleaning fee is charged.
The service fee and any cleaning fee are paid by the person using the apartment directly to the NAM office.

It is absolutely forbidden to rent out the apartment, all rentals must be made through the NAM office and according to the conditions stipulated in the contract!

11. lending of an apartment

When a shareholder lends out his/her apartment privately, it is the shareholder’s responsibility to carefully inform the tenant of the applicable Rules and Regulations. The shareholder is responsible for ensuring that the borrower has a good understanding of the rules and that the borrower is aware of the consequences if the rules are disregarded.
The shareholder is responsible for any damage to the apartment, furniture and car.
See also points 1, 2, 4, 5, 8 and 9 above.

The owner must notify the NAM service company of the arrival so that the tenant has access to the keys to the apartment, a total of three keys, one for the gate, one for the upper lock of the apartment door and one for the lower lock.

When lending, the owner is fully responsible for everything in the apartment and the person charged any costs.
The keys must be left in the apartment after moving out and collected there by the service company’s staff.

12. forfeiture of the right of use

According to § 13 of the Articles of Association, when using the apartment, the shareholder is obliged to comply with the Company’s Terms and Conditions and Rules of Order.

The right of use may, at the discretion of the Board of Directors, be forfeited for the following reasons

In the event of delay of more than two months from the date of invoice in the payment of the weekly fee, other invoiced remuneration, interest and reminder fees, shareholder contributions, etc.
In case of neglect ^x) of the apartment by the owner or by another person to whom the owner has given the apartment.
When renting out an apartment when this is not done through an agency of NAM/Fastighets AB Anders-Ärlig.
If the Terms and Conditions are not followed

A decision to return the right of use, with the possibility for the shareholder to reoccupy an apartment, may be taken after full payment of the costs incurred and after the board of directors has approved the payment in writing and notified the shareholder accordingly.

An appeal against a decision to forfeit the right of use can be made at the annual general meeting. A decision to forfeit the right of use requires a simple majority at the annual general meeting.

x) Neglect means e.g:

the apartment and its contents are not well maintained
soundness and order are not maintained in the apartment and the property in general
the shareholder does not follow the board’s directives
if NAM staff are refused access to the apartment without a valid reason
if the shareholder fails to vacate the apartment within the time specified in §4 above

13. sale of shares

All sales of shares/weeks shall be made in accordance with the contract available on the website.

The parties may not make any changes to the terms of the purchase contract.

When selling shares, the seller is obliged to inform the buyer of the Terms and Conditions, and to inform if the seller is in debt to Fastighetsbolaget/NAM.

If the owner has a debt to Fastighetsbolaget/NAM, this must be settled before the new owner can be approved and entered in the share register. The seller has a duty of disclosure to inform the buyer of any indebtedness of the share and to settle the debt.

To be entered in the share register, a new owner must pay the registration fee, which is also stated in the purchase contract.

The seller and the buyer have to settle between themselves any preliminary and final weekly fees, shareholder contributions, etc. in connection with the terms of the transfer. Any cabinet fees cannot be refunded or transferred to the new owner.

If owners have sold shares, this must be reported in writing, with a copy of the purchase document, to the Board’s administration:

fam@nordicandalucia.com

Owners are always responsible for the sale of their shares. The Board of Directors may be notified of any requests for assistance with the sale, in which case administrative costs paid by the seller may be incurred.
The amount of the fee is determined on a case-by-case basis by the Board of Directors.

14. other

These Terms and Conditions are adopted by the Board on October 15, 2024.
Terms and Conditions shall be available on the website andaluciadelmar.se.
Major changes in the regulations shall be informed at the next annual meeting.