Terms and Conditions (Términos y Condiciones)
Effective Date: August 10, 2026
Last Updated: August 10, 2026
Welcome to the website of Michael Byrne Building Surveying ("we," "us," "our," or "the Surveyor"). These Terms and Conditions ("Terms") govern your use of our website located at https://www.michaelbyrnebuildingsurveying.com and the professional building surveying, inspection, and technical property consultancy services ("Services") provided by us in Spain.
By using this website, requesting a survey quotation, or commissioning a survey report, you ("the Client") agree to be bound by these Terms.
1. Business Information & Service Provider Details
Business/Trade Name: Michael William Byrne
NIF/NIE: X4680497C
Registered Address: Calle Mirasierra 1 Turre, 04639 Almería, Spain]
Email: michaelbyrnebuildingsurveying@gmail.com
Phone: +34 627 417 071
Website: https://www.michaelbyrnebuildingsurveying.com
2. Scope of Services & Survey Reports
1. Service Definition: We provide professional building surveying, pre-purchase structural inspections, snagging lists, defect diagnosis, and technical property reports across Spain.
2. Specific Purpose: Survey reports are prepared strictly for the Client named in the instruction and for the specific purpose declared in writing. Reports are confidential to the Client and their legal/financial advisers.
3. No Third-Party Reliance: No third party may rely on the contents of any survey report without our express written consent. We accept no duty of care or liability to any third party who views or relies upon our reports.
3. Quotations, Fees, and Payment Terms
1. Quotations: Quotations provided in writing remain valid for 30 calendar days from the date of issue.
2. Prices & Taxes: All fees are quoted in Euros (€). Quotations will explicitly state Value Added Tax (IVA - Impuesto sobre el Valor Añadido at the prevailing standard rate of 21%, unless otherwise stated).
3. Payment Terms:
Full payment or an agreed booking deposit is required prior to the physical site inspection or delivery of the final survey report, as specified in your booking confirmation.
Reports will not be issued until cleared funds are received in full.
4. Late Payments: Late payments for business clients will incur statutory interest under Spanish Law 3/2004 (Ley de Morosidad).
4. Site Inspection Conditions & Access Restrictions
1. Access Authorization: The Client is responsible for securing permission for the Surveyor to enter the subject property at the agreed inspection time.
2. Visual & Non-Destructive Nature: Unless explicitly agreed in writing beforehand, all inspections are visual and non-destructive:
We do not pull up carpets, lift floorboards, drill into walls, or move heavy furniture, stored personal items, or fitted appliances.
Unexposed or inaccessible parts of the structure (e.g., locked rooms, unsafe roof spaces, sealed drainage systems, sub-floor voids) will not be inspected, and we accept no liability for defects in such areas.
3. Safety & Weather: Inspections of high structures, roofs, or unsafe sites are subject to weather conditions and safe physical access. The Surveyor reserves the right to cancel or reschedule an inspection if site conditions present a safety hazard.
5. Client Obligations
The Client must provide the Surveyor with all relevant property information prior to the site visit, including:
Accurate property location, access contacts, and keyholder details.
Any known structural issues, history of damp, boundary disputes, or previous alterations.
Architectural plans, land registry records (Nota Simple), or licenses where available.
6. Cancellation and Rescheduling Policy
1. Consumer Cancellation Rights (Derecho de Desistimiento): If you contract our services as a consumer remotely (via website, email, or telephone), you have the right to cancel within 14 calendar days from the contract date without giving a reason, provided the inspection has not yet been performed.
2. Immediate Execution: If you request us to perform the inspection prior to the expiry of the 14-day cancellation window, you acknowledge that your right to cancel terminates once the physical site inspection has commenced or been completed.
3. Cancellation Fees:
Cancellations made with more than 48 hours' notice prior to the scheduled inspection: Full refund less any unrecoverable administrative expenses incurred.
Cancellations made within 48 hours of the inspection or failure to grant property access upon arrival: A cancellation/call-out fee equal to [e.g., 30%] of the total fee will apply.
7. Limitation of Professional Liability
1. Professional Insurance: We maintain Professional Indemnity Insurance (Seguro de Responsabilidad Civil Profesional) in accordance with Spanish professional standards.
2. Cap on Liability: To the fullest extent permitted under Spanish Law, our maximum aggregate monetary liability for any claim arising out of negligence, breach of contract, or defect in a survey report shall be limited to:
The maximum cover limit of our Professional Indemnity Insurance policy, or
A sum equal to [e.g., 5 times the total survey fee paid by the Client], whichever is the lower amount.
3. Exclusions: We are not liable for:
Hidden or latent defects that could not be detected during a standard visual, non-destructive inspection.
Issues arising from client failure to follow recommended repair timelines or specialist further investigations outlined in the report.
Changes in property condition occurring after the date and time of the physical inspection.
8. Intellectual Property Rights
All text, layout, structural survey report formats, branding, photographs, and website content produced by Michael Byrne Building Surveying remain our exclusive intellectual property. The Client is granted a non-exclusive license to use the final survey report solely for the purchase, repair, or management of the specified property.
9. Data Protection (GDPR / LOPDGDD)
We process your personal data in accordance with our Privacy Policy, complying with the EU General Data Protection Regulation (GDPR) and the Spanish Ley Orgánica 3/2018 (LOPDGDD).
10. Applicable Law and Dispute Resolution
1. Governing Law: These Terms and any dispute arising from our Services are governed by the Laws of Spain.
2. Jurisdiction:
For Consumer clients, disputes shall be submitted to the competent courts of the Client’s place of residence in Spain or via the EU Online Dispute Resolution platform.
For Business clients, disputes shall be subject to the exclusive jurisdiction of the courts of [Insert Province, e.g., Almería / Málaga], Spain.
11. Contact Details
If you have any questions regarding these Terms and Conditions, please contact us:
Michael Byrne Building Surveying
Email: michaelbyrnebuildingsurveying@gmail.com
Phone: +34 627 417 071
Website: https://www.michaelbyrnebuildingsurveying.com