Terms & Conditions

These Terms and Conditions ("Terms") govern the provision of pest control services by Biopest Control De Plagas SLU (CIF B72454333), trading as Fuengirola Pest Control, with registered address in Fuengirola, Málaga, Spain ("we", "us", "our"), to you as a customer ("you", "your").

By engaging our services — whether by telephone, email, WhatsApp, our website contact form, or in person — you agree to be bound by these Terms. Please read them carefully before confirming a booking. If you do not agree with any of these Terms, you should not engage our services.

These Terms are governed by Spanish law, including Royal Decree 830/2010 (biocide regulation), Ley 7/2007 de Salud de Andalucia, and general Spanish civil and consumer protection law.

1. Definitions

• "Services" means any pest control, fumigation, inspection, treatment or related service provided by us.
• "Agreement" means the contract formed between you and us upon confirmation of a booking, incorporating these Terms and any written quote or service proposal.
• "Treatment" means a single visit or scheduled programme of visits to perform pest control activities at your property.
• "Contract" refers specifically to an ongoing maintenance or service contract, typically monthly, quarterly or annual.
• "Property" means the premises at which the Services are to be performed.

2. Booking and Confirmation

A booking is made when you contact us by telephone, email, WhatsApp or our website form to request a Service, and we confirm the appointment to you verbally or in writing. A binding Agreement is formed at that point.

For ongoing contracts, the Agreement begins on the date stated in the written contract or service proposal signed by both parties. Where no written contract is signed, it begins on the date of the first treatment visit.

We reserve the right to decline bookings at our sole discretion, for example where access to a property cannot be safely arranged or where the scope of work falls outside our capabilities.

3. Provision of Services

We will provide the Services with reasonable skill and care, using Ministry of Health-registered biocidal products and following Integrated Pest Management (IPM) principles as appropriate.

You are responsible for:

• Providing safe, unobstructed access to all areas of the Property requiring treatment.
• Removing or securing food, crockery, utensils, children's toys and pets from treatment areas as instructed.
• Ensuring that vulnerable individuals (children, pregnant women, individuals with respiratory conditions) are absent from the Property during treatment and for the re-entry period specified by our technician.
• Following all preparation and post-treatment instructions provided by our technician or in written form.
• Informing us of any known allergies, sensitivities or health conditions that may be relevant before treatment commences.

Failure to follow preparation instructions may affect the efficacy of the treatment and we will not be liable for reduced effectiveness arising from non-compliance.

4. Pricing and Payment

Prices are agreed at the time of booking or as set out in a written quote or contract. All prices are stated in euros (EUR) and are inclusive of Spanish IVA (VAT) at the applicable rate unless expressly stated otherwise.

For one-off treatments, payment is due on the day of treatment unless otherwise agreed in writing. Accepted payment methods include cash, bank transfer and card (where available).

For ongoing maintenance contracts, payment terms are as stated in the contract. Invoices not paid within 30 days of the due date will accrue interest at the rate established under Spanish Law 3/2004 on late commercial payments.

We reserve the right to suspend Services under an ongoing contract if payment is overdue by more than 30 days, without prejudice to any other remedies available to us.

Any additional works agreed during a treatment visit that fall outside the original scope of the booking will be charged at our prevailing rates and invoiced separately.

5. Cancellation and Rescheduling

By you: You may cancel or reschedule a booked appointment at no charge provided you give us at least 24 hours' written notice before the scheduled appointment time. Cancellations with less than 24 hours' notice may be subject to a call-out charge of up to 50% of the agreed treatment price to cover technician time and travel costs.

Emergency same-day bookings: If you have booked an emergency same-day appointment and subsequently cancel after our technician has departed for your property, the full treatment charge is payable.

By us: We reserve the right to cancel or reschedule appointments due to circumstances beyond our control (including severe weather, technician illness or emergency). In such cases we will give you as much notice as possible and offer an alternative appointment at no additional cost to you.

Ongoing contracts: Either party may terminate an ongoing contract by giving 30 days' written notice. Where you terminate before the minimum contract term (if any), any discount applied for the contracted period may be recalculated at the standard rate for treatments already delivered.

Consumers: If you are a consumer (not acting in the course of a business), you have a statutory right of withdrawal of 14 calendar days from the date the contract is formed, pursuant to Royal Legislative Decree 1/2007. However, if you have expressly requested that the service begin within the withdrawal period and treatment has already commenced, your right of withdrawal may be reduced pro-rata to reflect services already rendered.

6. Guarantee Terms

Where we have issued a written guarantee for a specific treatment, the following conditions apply:

• The guarantee covers the same pest species treated during the original visit at the same Property.
• The guarantee is valid for the period stated on your treatment report (typically 30 days for most insect treatments and 90 days for rodent control programmes, unless otherwise specified).
• The guarantee is void if you have not followed the post-treatment instructions provided, if structural conditions that allowed pest entry have not been rectified, or if a new infestation source has been introduced after treatment (e.g. infested furniture).
• Guarantee call-backs will be carried out within 5 working days of your notification.
• The guarantee does not apply to preventive treatments where no active infestation was found at the time of the original visit.
• No cash refund is offered under the guarantee; the remedy is a follow-up treatment at no additional charge.

7. Limitation of Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Spanish law.

Subject to the above, our total liability to you for any claim arising out of or in connection with the Services (whether in contract, tort, breach of statutory duty or otherwise) shall not exceed the total amount paid by you for the specific treatment or contract period in respect of which the claim arises.

We are not liable for:

• Damage to property or possessions caused by a failure to follow our preparation or post-treatment instructions.
• Re-infestation caused by conditions outside our control, including structural defects, neighbouring properties, or the introduction of infested goods after treatment.
• Indirect or consequential losses, including loss of business, revenue, profit or reputation.
• Loss or damage caused by circumstances beyond our reasonable control (force majeure).

We maintain public liability insurance appropriate to our business activities. Details are available on request.

8. Health and Safety

All treatments are carried out by trained, certificated technicians using biocidal products registered with the Spanish Ministry of Health (ROMA registry). Product safety data sheets are available on request.

You must inform us before treatment of:

• Any known allergies or chemical sensitivities of occupants.
• Presence of aquariums, beehives or other sensitive environments within the Property.
• Any recent chemical treatments carried out by another party.
• Whether the Property is used for food production, food handling or childcare.

We may decline to perform a treatment if we determine that it cannot be safely carried out in the current conditions of the Property.

9. Complaints

We take customer satisfaction seriously. If you are dissatisfied with any aspect of our service, please contact us within 7 days of the treatment or incident giving rise to your complaint:

We will acknowledge your complaint within 2 working days and aim to resolve it within 14 working days. If we cannot reach a resolution, consumer disputes may be referred to the relevant consumer protection authority (Oficina Municipal de Informacion al Consumidor, Fuengirola) or, for online disputes, the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

10. Intellectual Property

All content on our website, including text, images, logos and design, is owned by or licensed to Biopest Control De Plagas SLU. You may not reproduce, distribute or use any content without our prior written consent.

11. Privacy

Our collection and use of your personal data in connection with the Services is governed by our Privacy Policy, which forms part of these Terms.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of Spain.

For consumer customers, any dispute shall be subject to the exclusive jurisdiction of the courts of the consumer's domicile as provided by applicable Spanish and EU consumer law. For business customers, any dispute shall be subject to the exclusive jurisdiction of the courts of Málaga, Spain.

13. Amendments

We reserve the right to amend these Terms at any time. The current version will always be published on our website with the "Last updated" date shown above. Continued use of our Services following notification of a change constitutes acceptance of the revised Terms. For ongoing contracts, material changes will be notified to you in writing with at least 30 days' notice.

14. Entire Agreement

These Terms, together with any written quote, service proposal or contract provided to you, constitute the entire agreement between you and us relating to the Services and supersede all prior discussions, representations and agreements.

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.