THE ADVERTISER warrants that he/she

• Has the authority to accept these Terms and conditions and has the legal right to offer the property or properties (the subject of the Advert/s) for rent.
• If an Agent or acting on behalf of a third party - is authorised by the third party to place the Advert with COLOURS OF SPAIN and will indemnify COLOURS OF SPAIN against any claim made by the third party against COLOURS OF SPAIN arising from the publication of the Advert.

Advert content
It is THE ADVERTISER’s responsibility to ensure that:

• The Advert doesn’t breach any agreement or infringe or violate any copyright, trade mark, or any other personal or property of any person or render COLOURS OF SPAIN liable to any proceedings whatsoever;
• the Advert and any other information supplied is legal, decent, honest and truthful and complies with the rules of English national law and international codes and all other such relevant codes and legislation as may be appropriate.

Currency of information

• THE ADVERTISER will use his/her best endeavours to maintain up to date and accurate the availability of the property. This is a key issue and central to the public’s perception of the website’s reliability.
• THE ADVERTISER will use his/her best endeavours to maintain up to date and accurate the information provided about the local amenities.
• THE ADVERTISER will notify COLOURS OF SPAIN immediately if the property ceases to be available for rent for any reason whatsoever. In such case COLOURS OF SPAIN will remove the Advert. No fee will be refundable.

Rental Prices

• The prices advertised in the Advert for rental of the property must not exceed the price of the same property as it may appear in any other advert or other medium.

Testimonials

• The testimonials supplied by THE ADVERTISER must be genuine and on request able to be authenticated through direct contact with the holidaymaker.

Changes to the Advert

• THE ADVERTISER may make changes to the Advert whenever he/she wants. All changes, except the updating of availability, have to be authorised by COLOURS OF SPAIN before going live.
• THE ADVERTISER may not alter the Advert to advertise another property.

Advert design

• COLOURS OF SPAIN reserves the right to edit, amend and, where necessary, translate any material supplied.
• COLOURS OF SPAIN reserves the right to determine the layout and design of the adverts and all material appearing on its website.
• COLOURS OF SPAIN reserves the right to determine the design, structure and functionality of its website.

Acceptance and liability

• COLOURS OF SPAIN has the right and sole discretion to decline to publish, suspend, remove or change the position of any Advert;
• It is THE ADVERTISER’s responsibility to check the accuracy of the Advert. COLOURS OF SPAIN doesn’t accept responsibility for any mistakes or errors whatsoever that arise during the course of publication of any Advert.
• COLOURS OF SPAIN will use its best endeavours to reproduce faithfully and, in the case of any material which is submitted to COLOURS OF SPAIN in Spanish, translate accurately. COLOURS OF SPAIN will not be responsible for any loss whatsoever caused directly or indirectly by any error or omission. If THE ADVERTISER has any complaint in relation to the editing or translation of an Advert he/she must notify COLOURS OF SPAIN of the same within 28 days of the Advert appearing on the website.
• While COLOURS OF SPAIN will make every effort to take care of and return in perfect condition any materials supplied by THE ADVERTISER, they cannot be held liable for any loss of copy, artwork, photographs, data or other materials supplied by THE ADVERTISER.
• In no event shall COLOURS OF SPAIN be liable to THE ADVERTISER whether arising under this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however, arising , for any Consequential Loss. Consequential loss includes things like losses you might incur for business interruption.
• COLOURS OF SPAIN’s total liability (whether in contract, tort or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed 100 per cent of the total Fees (excluding any VAT, duty, sales or similar taxes) of the subscription year in progress. 
• COLOURS OF SPAIN does not warrant that its website will never be interrupted or free from error.

Complaints

• COLOURS OF SPAIN shall be entitled to suspend the Advert from the website upon receipt of any complaint which it considers sufficiently serious to warrant investigation or is potentially damaging to COLOURS OF SPAIN’s reputation. It will notify THE ADVERTISER in writing. COLOURS OF SPAIN will investigate any such complaint within a reasonable time and will not reintroduce the Advert until satisfied the issue giving rise to the complaint has been rectified. 
• COLOURS OF SPAIN reserves the right to carry out an inspection of the property upon giving reasonable prior notice.
• COLOURS OF SPAIN reserves the right to delete or modify any information relating to the local amenities provided by THE ADVERTISER where COLOURS OF SPAIN is notified of a complaint and upon reasonable enquiry COLOURS OF SPAIN considers the complaint to be justified.

Intellectual Property

• COLOURS OF SPAIN retains all right, title and interest in and to the content of its website, including without limitation copyrights, trademarks, database rights and other intellectual property rights. 
• COLOURS OF SPAIN is permitted to reproduce part or all of the photographic images supplied by THE ADVERTISER in its efforts to promote the house and/or COLOURS OF SPAIN.
• THE ADVERTISER grants COLOURS OF SPAIN a license to use the information concerning local amenities and facilities supplied by THE ADVERTISER in any form, in any medium and for use in any country and to license others to do the same. This license shall survive any expiry of the Advert.
• Any ideas concepts, know-how, techniques or new products developed by COLOURS OF SPAIN or obtained during the execution of the services will be owned exclusively by COLOURS OF SPAIN.

Termination

If THE ADVERTISER asks to have the Advert removed for whatever reason, COLOURS OF SPAIN will take it off the website within one month of notification. No refund will be payable.

• COLOURS OF SPAIN may terminate this Agreement immediately by notice in writing to THE ADVERTISER in the event that:
  - THE ADVERTISER breaks any of these terms and doesn’t remedy it within (14) fourteen days after receipt of a notice in writing requiring the default to be remedied.
  - Any of the warranties or representations made here by THE ADVERTISER are false or inaccurate in any material way; or
  - The Advert breaches the rights of any third party or is prejudicial to our interests.

Indemnity
THE ADVERTISER undertakes to COLOURS OF SPAIN that he/she will, without prejudice to any other right of action which COLOURS OF SPAIN may have, at all times keep COLOURS OF SPAIN fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which COLOURS OF SPAIN may suffer or incur as a result of the Advert the infringement of any intellectual property rights of any third party or by reason of any breach or non-fulfilment of any of THE ADVERTISER’s obligations contained in the Terms and conditions.

Data Protection
Each of us undertake to comply with our obligations under the Data Protection Act 1998.

Third Parties
Neither these Terms or any document signed by each of us is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

Law
These conditions are governed by English law.