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Terms and Conditions

Terms and conditions for the use of this site (scroll down) for Booking conditions and cancelations see section two below
Please read these terms and conditions carefully before using the website operated by Colours of Spain. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction
1.1 We particularly draw your attention to clauses 5 (Applicability of online materials) and 9 (Liability). By using or accessing our website you agree to be legally bound by these terms and conditions. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

2. Nature of our website
2.1 Our website is a place for you to view the Properties (the ‘Properties’).Our website describes the Properties in more detail.

2.2 Although the contents of our website are available for view by anyone you must be over 18 years to enter into any booking agreement in relation to the Properties.

3. Modifications to website
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the display of new Properties shall be subject to these terms and conditions.

3.2 Please note that although we try to ensure that the content of the advertisements detailing the Properties on our website is accurate, we are not responsible for any errors or other inaccuracies.

4. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer then to any third parties. You must notify Colours of Spain immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention.

5. Applicability of online materials
5.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.

5.2 You assume total responsibility and risk for your use of our website and use of all information contained within it. If you do proceed with your booking you will be entering into a contractual relationship with the owner of the property or the agent authorised to display the property on our website. No contractual legal relations will exist between you as user of this site and Colours of Spain as operator of the site in connection with that booking.

5.3 We have used our best endeavours to ensure that our website complies with European laws. However, we cannot make any representation that materials on our website are appropriate or available for use if you are viewing this site from outside the European Union. If you are visiting our website from other countries you are responsible for compliance with all applicable laws

6. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Colours of Spain, licensors of its affiliates, or other third party licensors. All company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of viewing properties or using our website as an information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, codes and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

7. Linked Sites
7.1 Colours of Spain make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Colours of Spain and that we have no control over the content or availability of the site. In addition, a link to any other website does not mean that Colours of Spain endorses or accepts any responsibility for the content, or the use of, such a website and Colours of Spain shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website. Any concerns regarding any external link should be directed to its website administrator.

7.2 Colours of Spain is the author of the Travel Guides featured on this website. Whilst every effort is made to ensure the accuracy of the Guides Colours of Spain accept no responsibility for the content and shall not be liable for any loss or damage caused or alleged to be caused by your placing reliance on the Guides.

8. Availability of our website
We will try to make our website available continuously 24 hours a day but cannot guarantee that our website will never be interrupted or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

9. Liability
9.1 We promise that for any Property you view on our website:

We have the right to display the Property to you.

We exclude all other express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any Properties, our website or any information or service provided through our website.

We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it. We draw your attention to clause 5.2 of these terms.

9.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Colours of Spain or our servants, agents or any other person or entity.

9.3 Colours of Spain make every effort to ensure that our website is virus free. However, in the unlikely event of any virus we will not be liable for any losses incurred by you. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

10. General
10.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time, for example in the event of a transfer of the business of Colours of Spain.

10.2 These terms and conditions together with the privacy policy are the whole agreement between you and Colours of Spain. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Colours of Spain or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions or privacy policy.

10.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

10.4 These terms and conditions and your use of our website are governed by Spanish law and you submit to the non-exclusive jurisdiction of the Spanish court.

10.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

10.6 Colours of Spain operate a newsletter service and you consent to our releasing any personal information you supply to us for inclusion in that newsletter.

10.7 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act]

11. Notices
11.1 All notices shall be given:
• to us via e-mail at info@coloursofspain.com or by post at Colours of Spain Via Romana, 22, Talamanca de Jarama, 28160 Madrid; or
• to you at either the e-mail or postal address you provide.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

12. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our website.

13. Law
These conditions are governed by Spanish law.

 

Booking conditions and notes

1. General terms and instructions

The contract for the provision of the accommodation is between you and the supplier of the accommodation and not between you and Colours of Spain. Therefore we have no legal liability whatsoever for anything, which may go wrong during your holiday. The owners are responsible for maintaining correct up-to-date information, prices and availability on the website. Prices are displayed in Euros and no responsibility is taken for fluctuations in exchange rates. Colours of Spain will however provide any help and further information requested by its customers, help with communication in the case of non-English speaking holiday property owners and help with bookings and solution of any reasonable problems or general misunderstandings that may arise.

To select your holiday accommodation please complete the booking form and select your payment method if there is a choice. Usually credit card or International bank transfer. Some houses have a secure online payment system, in the case of bank transfers full details will be sent to you on confirmation of your booking. In the case of some selected Spanish owned “Rural Houses” Colours of Spain is authorised to take deposits on their behalf and transfer the amounts to the owner.

All bookings are subject to availability. Your booking remains provisional until confirmed; confirmation is normally within 48 hours with a maximum of 72 hours with the exceptions of Easter, or National Spanish Bank holidays. We advise caution in booking travel prior to receipt of confirmation.

Please note:
(i) Bookings which fall into two seasons are charged for accordingly.
(ii) For some properties bookings in high season are for a minimum of one week and a fixed changeover day is stated, usually Saturday or Sunday.

(iii) On some properties single nights are not accepted on weekends when both Friday and Saturday nights have to be booked. Similarly on bank holidays coinciding with a weekend or Easter three or more nights may have to be booked before the owner will accept your booking. Exceptions to these rules can sometimes be made for a full week stay that starts during a bank holiday. Please contact Colours of Spain if this is your situation.

2. How to book

In the first instance please contact the accommodation owner or their agent by email or telephone through the advertisement and contact details supplied in the ad on the website.

To complete the booking process you will need to provide details of your party, a valid email address, telephone number and if you are paying online your credit card details. Please note: You must include a valid email address and contact phone number or your booking will not be accepted.
A confirmation email will be sent to the given email address where details can be checked to ensure they are correct. The holiday accommodation owner or Colours of Spain will send you an email to confirm your booking which should be checked and confirmed in writing by you. Once you have accepted and confirmed your booking you enter into a contract with the holiday accommodation owner. If you cancel or do not confirm your holiday within 72 hours your reservation may be cancelled and any monies paid by you online will be returned in full within 28 days. If your reservation is not accepted by the property owner any amounts paid should be credited to you within 72 hours.

A firm booking is made by the payment of a rental deposit. This may vary between 20% and 50%. Once you have confirmed acceptance of the booking this deposit is usually non-returnable and depends on the conditions set down by local authorities. In all cases deposits are not returnable when paid less than 90 days before the date of arrival.  The balance of the amount is usually taken by the owner on your arrival at the holiday accommodation. You will be only be charged for the full amount of your holiday in the event of a cancellation within 30 days of the date of arrival at the property or in case you do not arrive at the holiday property within 24 hours of the expected day of arrival. Property owners are legally entitled to charge you for the full duration of your reservation in the case of cutting short your stay. It is completely at the discretion of the property owner whether to refund money in the event of early departure. For cancellations of less than thirty days notice property owners may return your money if they can fill the booking from another source, less the original rental deposit paid. Please inform Colours of Spain and the accommodation owner by email of any changes to your booking or cancellations within 30 days of your holiday starting date.

For some properties a damage deposit is required; this is payable in cash on your arrival at the property. It will be refunded to the customer on leaving the accommodation less any amount due for damages or extra cleaning due to unreasonable use of the property.

3. Changes or cancellation by the holiday accommodation owner

Once you have accepted your holiday the accommodation owner must respect the price quoted and agreed upon for your holiday in Euros. No adjustments are possible because of fluctuating exchange rates in other currencies. The holiday accommodation owner reserves the right to make changes to your booking in the case of major or inevitable problems (which must be communicated to Colours of Spain) and is under no obligation to pay you compensation. You are legally entitled by Spanish Law to a refund of ALL amounts paid if any major changes are unacceptable to you. In the case of cancellations by the holiday property owner, over booking or any other circumstances which make the holiday accommodation unavailable or unsuitable for the purpose for which it was intended Colours of Spain will endeavour to find you a suitable alternative but we are under no legal obligation to do so and this may prove very difficult in Spain in the month of August or during Spanish Bank Holidays. Holiday accommodation owners reserve the right to refuse entry to additional persons in any group not previously declared by the person making the booking.

The holiday accommodation owner or his agent reserves the right to exclude any customer or ask him to leave the holiday accommodation if, at any point, in their opinion, the customer’s or any member of the group’s behaviour is such that it has caused, is causing, or is likely to cause damage, distress or inconvenience to other guests, local residents, or property without being obliged to return any monies or deposits paid for the holiday. All properties should be treated with care and left in a clean and orderly condition.

Please ask any questions or express any doubts about the holiday property on making your booking and before paying your deposit. The holiday accommodation owner is responsible for the prices and information he publishes on the Colours of Spain website but cannot always be held responsible for omissions or facilities that customers from other countries presume will be available. Please pay particular attention to any potential safety issues; unfenced pools, steep staircases, balconies, distances from roads etc . The parent or guardian is responsible for the safety of any child 16 or under and they should not be left unsupervised on any part of the holiday property including the swimming pool.

4. Complaints
If you feel that you have a justifiable complaint concerning the property booked through the Colours of Spain website please try to find a solution first with the owner or person responsible for the property, in this way you give them a chance to remedy the situation. In the event that this is not possible please inform Colours of Spain first by telephone and then in writing during or as soon as possible after your holiday. Colours of Spain is not responsible for any changes or defects in the holiday accommodation but we will make all attempts to find a solution to the problem and we investigate serious complaints about any properties advertised on our site. On contracting the holiday accommodation you have the same legal rights as any Spanish citizen. In the case of a very serious or major complaint please complete the claim form in the holiday accommodation and take a copy away with you. The complaint forms have to sent to the relevant legal institutions by the owners or persons responsible for the accommodation by law and all complaints are seriously investigated. Please do not complete any complaints forms for minor incidents as you may be subjecting the establishment to investigations by the tourist boards or police or even closure until the issue is resolved. If the holiday accommodation or hotel owner refuses to provide a complaint form you may lodge a complaint with the local police. In the event of any serious misunderstanding please also inform Colours of Spain immediately by telephone on 00 34 91 8417849 or + 34655752338 and as soon as possible in writing.

Neither the holiday accommodation owners nor Colours of Spain can take any responsibility in the case of problems or cancellations due to force major, including war, natural disasters, terrorist activities or inclement or unusual weather conditions or any other event that we could not have reasonably anticipated.

All customers are recommended to take out adequate holiday insurance with an insurance agent of their choice. Colours of Spain cannot accept any liability if you suffer any loss, damage, personal injury or death as a result , direct or indirect of contracting holiday accommodation advertised on its website.

Colours of Spain is pleased to try and help all our customers with any further information and holiday requests that they may have or with any additional communication with the accommodation owners, but we cannot guarantee that we will be always be able to meet all our customer’s demands. Please write to Colours of Spain with any doubts or requests before booking your holiday online. info@coloursofspain.com In the case of a serious problem whilst on holiday please inform the Colours of Spain office in Madrid on 00 34 918417849 or 00 34 655752338. In the case of an emergency or accident please call the Spanish Emergency Services on 112.


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