Home Check Axarquía

Terms of Service.
Customer Agreement.

Last Updated: September 2026 • Governed by Spanish Law

1. Purpose & Scope of Services

Home Check Axarquía provides scheduled, physical visual property inspections and non-security key custody for residential properties located in Nerja, Torrox, Frigiliana, and Cómpeta (Málaga, Spain). Our service verifies visible exterior condition, records time-stamped photographic proof, and delivers prompt reporting via WhatsApp or email.

Inspections are visual and non-invasive. The service does not constitute an architectural survey, structural engineering report, electrical safety certification, or formal property valuation.

2. Statutory Exclusion under Spanish Private Security Law (Ley 5/2014)

Important Legal Notice: Home Check Axarquía is NOT a private security company and does not provide armed guarding, continuous surveillance patrols, alarm monitoring, or physical anti-squatter intervention.

Our activities are performed strictly under the statutory exclusions set out in Article 6.2 of Spanish Ley 5/2014 de Seguridad Privada:

  • - Article 6.2.a: Custody and care of keys and auxiliary access assistance.
  • - Article 6.2.d: Technical verification of the condition and functioning of property and installations to guarantee conservation.

3. Mandatory Incident & Anomaly Protocol (Owner Contact Priority)

If our inspector identifies visual evidence of forced entry, broken windows, suspicious behaviour, unauthorised presence, active burglary, fire, or major structural failure during a scheduled check:

  • - The inspector will NOT enter a compromised building or confront any individuals.
  • - The inspector will immediately retreat to a safe location outside the property.
  • - The inspector will immediately contact the property owner via phone and WhatsApp with real-time photographs, descriptions, and exact time stamps.
  • - The inspector does NOT contact the police directly. The property owner retains sole discretion and authority to assess the situation and contact Spanish emergency services (Guardia Civil / Policía Local via 112) or instruct alternative steps.

4. Grounds Access Permission, Perimeter Keys & Client Obligations

Express Permission to Enter Grounds: The Client, as lawful owner or authorized titleholder, grants Home Check Axarquía express legal permission to access exterior grounds, perimeter boundaries, driveways, walkways, patios, and terraces solely to execute the contracted checks.

Perimeter Key Custody & Strictly No Interior Keys: Where the Client entrusts keys to Home Check Axarquía, keys are strictly restricted to exterior perimeter gates, boundary padlocks, or utility cabinets. Under no circumstances do we accept or hold keys to the interior of the residential dwelling or enter living quarters. Keys are catalogued under an anonymous blind alphanumeric tag (e.g. HCA-042) with zero personal or property identifiers, stored in a wall-anchored steel safe, and only withdrawn on visit days. We do not release keys to third-party cleaners, pool staff, or tradespeople.

Client Obligation to Notify Neighbours & Service Providers: The Client agrees to inform direct neighbours and regular visiting contractors (such as gardeners or pool maintenance) that Home Check Axarquía has been engaged to conduct scheduled exterior visual checks, preventing false alarms or misunderstandings.

Disclosure of Third Parties with Access: The Client must formally specify in writing any third parties who hold keys or have regular/occasional access to the property grounds during the owner's absence, and notify us promptly of any schedule changes.

5. Fees, Spanish IVA & Payment Terms

All consumer prices quoted on our website and agreements are in Euros (€) and include Spanish 21% VAT (IVA). An official tax invoice is issued for all services.

Single visits are payable within 48 hours of report delivery. Multi-visit bundles and recurring keyholding are payable in advance via bank SEPA transfer, Bizum, or debit/credit card. Bundles remain valid for 12 months from purchase.

6. Public Liability Insurance & Limitations

Home Check Axarquía maintains a tailored Spanish public liability insurance policy covering general third-party liability, property under custody, and key custody/lock replacement.

The provider is not liable for pre-existing defects, gradual environmental wear, severe weather events (DANA storms), or criminal acts committed by third parties. Liability is limited to proven direct negligence during an inspection visit.

7. Remote Contracting & Electronic / Scanned Signatures

For absentee homeowners who are abroad and not in Spain, we deliver a personalized PDF copy of the Customer Service Agreement via email or WhatsApp. The Client may execute the agreement by printing, signing by hand, and returning a clear scan or photograph, or by applying a digital/electronic signature. Both formats have full legal validity and binding effect under Spanish Law 6/2020 and EU Regulation 910/2014 (eIDAS).

8. Governing Law & Jurisdiction

These terms and all service agreements are governed exclusively by the laws of the Kingdom of Spain. Both parties agree that any disputes shall be submitted to the exclusive jurisdiction of the competent Courts and Tribunals of Torrox / Málaga, Spain.