20192: Unidade produtiva exploração de imóveis turísticos - Tenerife - Tribunal de Comércio Nº1 de Santa Cruz de Tenerife

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: Fri 13/10/2023 horas 16:00
Ends: Mon 06/11/2023 horas 16:00

Viewing conditions:

Viewing time:

by appointment and only after signing the confidentiality agreement

All lots viewings must be booked. Please contact: comercial@gobid.es - tel +34.911.875.990 (ES) tel +39.0737.782080 (ITA)


Payment condition: 

Deposit 

The present auction is subject to a deposit of EUR 10.000,00

 

The deposit must be paid by:
 
bank transfer to the following current account:
 
BANCO DE SABADELL, S.A
 
IBAN : ES24 0081 0682 4100 0189 4093
SWIFT/BIC: BSABESBBXXX
 
Payable to: GOBID ESPAÑA S.L.
 
Reason: (auction number + lot number)
 
The deposit must be strictly credited before the end of the collection.
Only once the deposit has been received will the offer be considered valid and will be studied by the Bankruptcy Receiver.
 
To speed up participation in the collection, the user is advised to send a scanned accounting copy of the payment with the CRO code to: info@gobid.es.
 
If the participants in the collection do not win any goods, the deposit will be returned within 20 days of the collection deadline, without interest.
 
If, in the event of an award, after having paid the deposit, the bidder does not complete the purchase, this deposit will be withheld.
 
Charges
 
The sale of the Lots will take place without any charges and encumbrances (except in the case in which the bidder submits an offer by subrogating himself to the company in the mortgage).
 
Notwithstanding this, all taxes and duties relating to the award of each lot that are legally applicable will be borne by the successful bidders, who will also have to assume the notary, registration and any other costs related to the award. In no case will the bankruptcy company bear any type of expense related to the awarding.
 
In addition, all suspended amounts that may exist relating to real estate taxes, the condominium fee, and all those accrued and unpaid taxes and expenses weighing on the assets, which are applicable by law.
 
The cancellation order of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Curator, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
 
The bankruptcy receivership will request the Court to cancel the charges and registration notes both of attachments and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.
 
Rules for participation and awarding
 
The collection of offers will take place according to the following methods:
 
To participate in the sale, the user must register on the website www.gobid.es, entering their personal data, request registration for the sale, accepting the terms and conditions.
 
Furthermore, the irrevocable offer for the acquisition of the company branch must be accompanied by:
 
a) Reliable identification of the bidder or powers of attorney in the case of third party representation.
 
b) Business plan and business continuity.
 
c) Accredit technical solvency. Information on the human and technical resources available to the buyer and, if any, on pre-agreements with third parties relevant to the continuity and profitability of the company (agreements with tour operators, suppliers, financial institutions, etc.)
 
d) Accredit economic solvency. Guarantees provided for the successful completion of the operation: Autonomous Communities from the last three years and certificate of being up to date in AEAT and TGSS, as well as certificate of funds and solvency of the financial institution you work with.
 
e) Indication of the proposed purchase price of the Company Branch.
 
f) Impact of the offer on the liabilities and on the workers of the Company Branch. Job contracts. The offer should state your position on job continuity. 
 
g) Commitment to continue or resume activities for two years (pursuant to art. 224.septies TRLC)
 
The Bankruptcy Trusteeship may request clarifications or clarifications on any of the above points, which, in its opinion, were not sufficiently explicit or clear in the offer presented.
 
Furthermore, he will have to present the offer model (published online) and send it signed, for acceptance of these conditions, to the following email address: info@gobid.es together with the accountant of the transfer of the security deposit and the offer of the Company Branch.
 
The presentation of the offer model together with the payment of the required security deposit, is equivalent to the acceptance of the conditions of use of the www.gobid.es platform, of the general and specific conditions of the collection of offers and any auction and of having read and complied with all the documentation attached to the sales page.
 
The data entered by the subject during registration on the site and at the auctions will be the same to which the award will eventually be attributed and to which the lots will be registered. All required payments, before and after the sale, must be made by the registered parties. Any proxies or proxies may be taken into consideration with the prior authorization of the Mandator.
 
Irrevocable offers submitted will constitute a formal commitment to purchase by the bidder.
 
The offers received at the e-mail address indicated will be examined by the Principal who may, at its sole discretion:
 
a) Do not accept any of the offers presented
 
b) Accept what it considers the best offer, subject to acknowledgment of the buyer's premium corresponding to the Assignee
 
 
The Mandator reserves the right, at its sole discretion, to accept or reject the irrevocable purchase offers presented by potential buyers. Offers that are not considered appropriate will therefore be rejected by the Mandator.
 
Warning: the Bankruptcy Receivership will duly inform the Court with the aim of obtaining Judicial Authorization for the award or authorization for the bankruptcy receivership for the sale.
Only once the offer has been approved by the Court will confirmation of the award be sent to the highest bidder with instructions for making payments on time. possibility of communicating the offer to the Court for its approval. In this case, only once the offer has been approved, will confirmation of the award be sent to the highest bidder with instructions for making payments within the established terms.
In the event that the Court does not authorize the award of the Company Branch to the best offer presented by Receivership, the sale cannot be formalized, the offer will be canceled and the deposit paid will be returned.
 
Payment method
 
Payment of the Buyer's Premium must be made entirely by bank transfer using the coordinates communicated at the time of registration or together with the communication of the award (see general conditions of the auction).
 
The provisional successful bidder must deposit the total auction price plus VAT (if applicable) into the Trusteeship Account, which will be indicated at the time the award confirmation is sent, within the established deadline. (see general conditions).
There is the possibility, with prior authorization from the Bankruptcy Receiver, to pay the payment of the lot at the time of formalization with a notarial deed.
 
Any costs of transfer of ownership, notarial deed and eventual cancellation in any public register of the charges or encumbrances established on them, must be made before the date established for the formalization of the sale. Once all amounts have been paid, the property will be transferred by notarial deed, according to the methods established by the Client.
 
Deadline for payment
 
Payment of the Buyer's Premium must be made within 5 days of the award communication.
 
Payment of the clearing price must be credited within 10 days of notification of the clearing. It is possible, subject to authorization by the Bankruptcy Administration, to pay the clearing price at the time of formalization of the sale before a notary.
 
Property transfer
 
The transfer of ownership will take place through a notarial deed in the manner established by the Bankruptcy Receivership, only after full payment of the hammer price, the commission (Buyer's Premium) and the expenses due. All costs must be borne by the successful tenderer.
 
The transfer of ownership must be completed within a maximum period of 30 days from the sending of the award confirmation, and only the Bankruptcy Trusteeship can extend this term.
 
Finally, the Mandator will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial registrations on the properties being sold. The cost of any cancellations will be borne by the winners.
 
In the event of failure to complete the transfer of ownership, the sale will be considered automatically terminated and the amount paid by the buyer as Buyer's Premium will be withheld as a compensation penalty.
 
 
Other specific conditions
 
Buyer's Premium: The bidder who is definitively awarded will have to pay the commissions of the specialized company which are estimated at the percentage of 7% + VAT of 21%. The commission will be calculated on the sum of the amount offered and the liability assumed in the offer presented for the purchase of the Company Branch.
 
The payment of the commission (Buyer's Premium) will be paid by the buyer or the successful tenderer, whether or not he is the creditor with special privilege.
 
Auction Taxes: VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.
 
The lots are sold as they are. Furthermore, anyone presenting an offer does so by accepting the current cadastral and urban planning conditions. Viewing is recommended.
 
All costs generated by the sale will be borne by the successful tenderer, including collection and handling costs, eventual costs of transfer of ownership, notarial deed and eventual cancellation from any public register of the charges weighing on the specific asset.
 
With the deed of presentation of the purchase offer of the business branch during the collection through the GOBID ESPAÑA SL IT portal, the successful tenderer declares and accepts: knowing and accepting the state of conservation of the installations, the situation legal, urban, registrar and administrative aspects of all properties, the administrative and legal situation of the administrative licenses for the exercise of the current business activities and of the commercial brand, the state of conservation of the technical installations, machinery, tools, other fixed assets, elements of transport, computer equipment, furniture, or any other movable or immovable property, the almost zero probability of recovery of all credit rights, loans, financial investments, deposits granted, the non-existence of a balance in the bank account, knowledge of the contracts of rental rental conveying each other and declares that he has read and accepts the contents of the "Notice of Sale" document included in the sale page and in general, and declares that he has received all the information necessary to make his offer voluntarily, freely and with in-depth knowledge and broad of all the aspects and circumstances necessary to formulate it.
 
To access additional information about the company, you must first sign the confidentiality agreement. Furthermore, to access data considered sensitive, the advance payment of the security deposit will be required.
 
The successful bidders or buyers of any lot or asset expressly waive any claim for the condition of the goods. In this regard, interested parties who expressly request it will be allowed to verify the condition of the goods included in the Lot, on the dates previously agreed with Gobid. For no reason can the Mandator nor Gobid España SL be held responsible for the proper functioning, condition, ITVs, etc. of the Company Branch lot.
 
The sale of the goods is understood to be forced and arranged for the goods seen and liked in the state of fact and law in which they are found. In the case of forced sale, there is no warranty for material defects. It cannot be contested for damages.
 
Consequently, the existence of any defects or lack of quality or discrepancies in the thing sold cannot give rise to compensation, indemnity or price reduction.
 
Any liability on the part of the Assignee is excluded regarding the existence of third party rights on the goods being sold.
 
The sale takes place with the obligation and burden of the successful tenderer to ascertain their compliance with safety legislation.
Gobid.it

Gobid.it é uma marca registrada por: GOBID INTERNATIONAL AUCTION GROUP SRL

Sede Legal: Via P.O.Vigliani, 19 - 20148 Milão (MI)

Sede Operativa: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it