Advertising Terms & Conditions (‘Terms’)
1. Introduction
1.1. Please read these Terms carefully as they govern the delivery of our digital advertising package to you. We may update these Terms periodically, so it’s important to review them regularly.
1.2. In these Terms, “we”, “us”, or “our” refers to Auto Trader Plus. References to Auto Trader Plus include the website at www.autotraderplus.es (“Auto Trader Plus Website”) as well as all other Auto Trader Plus platforms, including mobile, tablet, and the Auto Trader Plus Apps, which are owned and operated by us.
1.3. These Terms apply to any advertisements that are placed, renewed, or amended, and will remain in effect until the advertisement expires, is amended, or renewed.
2. Our Agreement with You
2.1. These Terms govern any advertisement for the sale of a vehicle placed by a private advertiser on Auto Trader Plus. Alongside all other policies and terms published on the Auto Trader Plus Website, they establish the conditions under which we enter into an agreement with you, granting access to our platforms and services.
2.2. By placing an advertisement with us, you acknowledge and accept these Terms.
2.3. Each time we approve your request to place an advert on Auto Trader Plus, a separate and distinct contract is created between you and us, governed by these Terms.
3. Placing an Advert
3.1. When you place an advert on Auto Trader Plus, you will receive a username and password, which you are responsible for keeping secure. Auto Trader Plus is not liable if you fail to protect your login credentials. Unless due to our negligence, we will not be responsible for any loss if a third party gains unauthorized access to your account. You agree that the information you provide during registration will be truthful, accurate, and complete. Additionally, you agree not to register under someone else’s name or choose a username that is offensive. All personal information you provide during the registration process will be protected and used in accordance with our Privacy Policy.
3.2. Before confirming your advert submission, we will individually review each car listing to help prevent fraud. Additionally, we will work with an independent party to further verify ads and ensure their legitimacy. Please be aware that if any issues arise regarding the legitimacy or condition of the vehicle, we may reject the advertisement.
4. Advertising on Auto Trader Plus
4.1. Auto Trader Plus provides potential buyers with the option to obtain a vehicle history report through a third-party service for the vehicle you are listing. If a buyer chooses to purchase this report, the vehicle registration number will be included in the vehicle history check. If you prefer not to have your vehicle’s registration number used in this way, please do not submit your advert.
4.2. Once we accept your advert, we aim to review and publish it online within 24 hours, though we cannot guarantee this timeframe.
4.3. Your advert may appear across all Auto Trader Plus platforms, including desktop, mobile, and tablet, and may also be featured on third-party social media channels and partner websites.
4.4. After submitting your advert, you will need to check your account to see if your listing has gone live. If your advert is not approved, you will receive a notification via email explaining the reason for the rejection. Please note, no contract between you and us is established until you see your advert live on your account.
5. Advert Content Guidelines
5.1. Each advert should feature only one vehicle. If you have multiple vehicles for sale, you must create a separate advert for each one. Only one advert per vehicle is permitted at any given time.
5.2. We may accept photographs and videos (in formats specified by Auto Trader Plus) for inclusion in your advert. However, we reserve the right to exclude any photographs and/or videos at our sole discretion.
5.3. You are responsible for uploading any photographs and videos related to your advert unless otherwise arranged with us. We are not liable for the quality of any media you provide.
5.4. All advert content (including text, photographs, and/or videos) must:
–Feature only a single vehicle.
–Provide an accurate description of the vehicle.
–Comply with all applicable laws and regulations.
–Avoid including material protected by third-party intellectual property or proprietary rights (including privacy and publicity rights).
–Not be defamatory or derogatory towards any person or organization.
–Exclude strong profanity, inappropriate content, or anything that is obscene, offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious, or sexually explicit.
–Not promote discrimination or be discriminatory in any way.
–Avoid pornography or violence.
–Not disclose personal information (personal information being any data that can identify or contact a person).
–Not impersonate any individual or misrepresent your identity or connection to any person or company.
–Not be unlawful or encourage any illegal activities.
–Not include statements that encourage or induce acts of terrorism.
–Not contain unrelated advertising, promote other goods or services, drive traffic to another website, or announce promotions not approved by Auto Trader Plus.
–Not be spam.
–Avoid text or audio irrelevant to the vehicle being advertised.
–Be in either English or Spanish.
–Remain relevant and on-topic.
–Not include URLs or links to other sites except for the Advertiser’s own website.
5.5. Auto Trader Plus reserves the right to review advert content to ensure it meets these standards.
5.6. If any photographs or videos do not comply with our requirements, we may choose to exclude them from the advert, remove them, or even remove the entire advert from Auto Trader Plus.
5.7. To amend your advert, you can use the online editing tools provided on Auto Trader Plus.
5.8. You guarantee that:
–You are a resident of Spain.
–You are not acting in a commercial capacity.
–You have the legal right to sell the vehicle listed in your advert.
–The vehicle is not classified as a non-declared write-off.
–The advert accurately represents the vehicle, including the correct kilometres.
–Pricing is consistent and accurate throughout the advert.
–You will not engage in fraudulent activities and will deliver the vehicle lawfully if sold.
–All information and materials you provide are complete, accurate, legal, non-defamatory, decent, honest, and comply with the Spanish Code of Advertising Practice and all relevant legislation.
–Publishing your advert will not breach any contract, infringe on third-party rights, or harm our reputation or that of any affiliated company.
–You will not upload files containing viruses or corrupted data.
–The advert adheres to these guidelines.
5.9. If you indicate that a vehicle is ‘Sold’ in any part of the advert, we will automatically remove the advert from Auto Trader Plus.
6. Our Rights and Responsibilities
6.1. We commit to providing our advertising services with due care, skill, and professionalism. However, you acknowledge that it is technically impractical to ensure that Auto Trader Plus is always available online without interruption, or that the transfer of an advert to Auto Trader Plus will be entirely free from errors or corruption.
6.2. Occasionally, we may need to perform maintenance on our systems and equipment. We will make reasonable efforts to minimize any disruption to your adverts during such maintenance.
6.3. We will also strive to address and correct any faults or errors on Auto Trader Plus as quickly as possible. [Please note that once a fault or error is reported, it may take up to 48 hours for us to investigate and resolve the issue.]
6.4. We do not monitor or control the content of your advert and will not be held responsible for it. You accept full responsibility for the content of your advert. Consequently, you will be liable for any losses, expenses, or costs incurred by us due to untrue statements or inaccurate or unlawful content.
6.5. We reserve the right to refuse publication of any advert without explanation and to classify, edit, or remove adverts at our sole discretion. This may be done to: comply with legal or ethical obligations, avoid infringing on third-party rights, adhere to the Spanish Code of Advertising Practice and other relevant regulations, address complaints, correct typographical or technical errors, or for any other technical or quality-related reasons. Whenever feasible, we will attempt to inform you of these changes before publication or editing.
6.6. We may remove any or all materials from your advert at any time if we believe they are unlawful or in violation of these Conditions.
6.7. We may also modify the technical specifications of Auto Trader Plus (or any part of it) for operational purposes.
6.8. If you use the Auto Trader Plus messaging service to send vehicle images to potential buyers, please note that including such images in a message may affect its delivery (depending on your device and the size and number of images). Auto Trader Plus is not liable for any loss or damage resulting from undelivered messages. We recommend publishing the images in your advert and directing potential buyers to view them there.
7. Charges and Payment
7.1. The cost of placing an advert on Auto Trader Plus is determined by the advertising package you choose, with all prices displayed on the Auto Trader Plus platform. Prices include VAT.
7.2. We reserve the right to adjust our advertising rates at any time for any reason. However, any new rates will not affect adverts placed before the announcement of these changes.
7.3. All adverts must be paid for in advance before they are published. Payments are processed online through Auto Trader Plus, and we do not accept payments via telephone.
7.4. When making a payment through Auto Trader Plus, you will be directed to a secure payment gateway (SSL connection) provided by a dedicated commerce provider to ensure the safety of your transaction. Payments can be made using Visa, MasterCard, or Maestro cards, which must be registered in Spain or Europe to be accepted. While we strive to ensure the security of your credit card transactions, we do not accept liability for any loss or damage resulting from the use of the payment system.
8. Intellectual Property Rights
8.1. By providing us with any materials (“Materials”), you grant us a non-exclusive, irrevocable, perpetual, and royalty-free license to use these Materials for any purpose. You confirm that neither you nor anyone else will claim any moral rights related to the Materials against us or any third party.
8.2. All intellectual property rights (including, but not limited to, copyrights, trademarks, database rights, and design rights—whether registered or unregistered) in any copy, text, artwork, photographs, videos, or other materials created or modified by us for your advert will be solely owned by us.
9. Our Right to Terminate the Contract
9.1. We reserve the right to terminate our contract with you and remove any advert at our discretion. You will be notified if your advert is removed. In such cases, we will issue a refund for the unused portion of the advertising period, unless the contract is terminated under specific conditions outlined below.
9.2. We may suspend or terminate the contract and remove an advert immediately if:
–You breach any term of these Conditions.
–You violate any provision specified in these Conditions.
–We have reasonable grounds to suspect non-compliance with the Conditions.
–You use a discounted rate but list your vehicle above the applicable price limit for that rate.
–You initially place an advert for one vehicle and later alter it to sell multiple vehicles.
–You are a commercial seller pretending to be a private individual.
–We reasonably believe you have been abusive to our staff or if we receive a complaint about your conduct from a third party regarding the sale of an advertised vehicle.
–Any law enforcement or regulatory authority directs us to remove your adverts or suspend services.
9.3. If we remove an advert as described above, you will not be eligible for a refund for that particular advert.
10. Your Right to Cancel
10.1. Please be aware that the digital advertising package offered by Auto Trader Plus is a custom service designed specifically for your needs and is created immediately. By submitting your advert for publication, you are requesting Auto Trader Plus to prepare and publish your advert within the 14-day statutory cancellation period provided to consumers. Once your advert goes live, Auto Trader Plus will have fulfilled its advertising obligations, and you will forfeit the right to cancel the advertising package. Consequently, no refunds will be issued if you choose to remove your advert after it has been published.
10.2. By submitting your advert, you acknowledge that you will lose the right to cancel your advertising package without incurring costs, and you will not be eligible for a refund.
10.3. You can remove your advert at any time, for instance, to avoid unwanted responses. However, refunds will only be considered if you cancel the advertising package due to a breach of contract by us.
11. Liability
11.1. These Conditions do not exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
11.2. If we fail to meet our obligations under these Conditions, we are liable for loss or damage that you suffer as a foreseeable consequence of our breach or negligence. However, we are not responsible for any loss or damage that is not foreseeable or not caused by our breach. Loss or damage is considered foreseeable if it is an obvious outcome of our breach or was anticipated by both parties when the advert was published and the contract was formed.
11.3. We are not liable for any loss or damage resulting from distributed denial of service attacks, viruses, malicious software, or other harmful technological material that may affect Auto Trader Plus, your advert, or your computer systems due to your use of Auto Trader Plus or the downloading of any material from our site or linked websites.
11.4. We do not guarantee that placing an advert on Auto Trader Plus will result in the sale of your vehicle, nor do we commit to finding a buyer. Our responsibility is solely to provide a platform for advertising your vehicle.
11.5. The Write-off Checks performed when you place your advert rely on data from an independent third party. The results are accurate as of the time of placement. We are not liable for the accuracy of Write-off Check results displayed in your advert. It is your responsibility to review these results before proceeding with your advert. We are not liable for any loss resulting from the Write-off Check results.
11.6. To create your advert, we may use certain third-party data. We are not responsible for the accuracy of this data or for any loss or damage arising from its use in your advert.
11.7. If your advert results in the successful sale of your vehicle, Auto Trader Plus is not involved in the sale and will not be liable or responsible for any contract related to the sale between you and a third party.
11.8. Any inquiries or complaints regarding the vehicle advertised in your advert are your sole responsibility, and we do not accept liability in this regard.
11.9. In the event of an error or omission in an advert, we may, at our discretion, either correct the issue or provide a refund or adjustment to the charges. No refunds or adjustments will be made if, in our opinion, the error or omission does not significantly affect the advert or results from incorrect or insufficient information provided by you.
11.10. We are not liable for any delays or failures in fulfilling our obligations due to events beyond our reasonable control, such as natural disasters, strikes, terrorist activities, infrastructure or power failures, or attacks on public or private telecommunications networks.
11.11. These Conditions do not affect your statutory rights. For advice on your legal rights, please consult your local Citizens Advice Bureau or Trading Standards.
12. Data Protection and Security
12.1. We are committed to ensuring your security and take it very seriously. On the Auto Trader Plus Website, you will find guidance on how to protect yourself and your data when selling your vehicle.
12.2. By submitting an advert, you are requesting its publication on Auto Trader Plus. This implies that your advert and the information within it may be accessible to anyone with internet access globally. By submitting your advert, you consent to the global exposure of your data.
13. Privacy Protection
13.1. On Auto Trader Plus, we do not use services to hide or protect your email address or phone number. Both your email and phone number will be visible to anyone who views your advert unless you choose otherwise.
13.2. You have the following options to manage your contact information:
–Display Phone Number: You can choose to make your phone number visible in your advert.
–Display Email Only: If you prefer not to share your phone number, you can opt to display only your email address.
–Contact Form: Potential buyers can use this form to contact you without revealing your personal contact details. This option may result in slower communication.
–Schedule a Test Drive: Buyers can arrange a test drive through this button without accessing your personal information.
–Make an Offer: Potential buyers can submit offers through this feature, which also keeps your contact details private.
13.3. By submitting your advert, you agree to provide us with certain personal data, including your name, address, and contact details. This information will be processed in accordance with our Privacy Policy, which outlines how your data may be used for purposes such as fraud prevention, assisting with police investigations, and complying with legal requirements. We encourage you to review our Privacy Policy for further details.
14. Information About Us and How to Contact Us
14.1. Auto Trader Plus is operated by Auto Trader Plus SL, a company registered in Spain. Our registered company number is 2356221, and our VAT number is SP 5854662. Our registered office is located at:
Auto Trader Plus SL
Malaga, Spain
14.2. For written communications, you can reach us at:
Email: enquiriesautotraderplus@gmail.com
14.3. If we need to contact you or provide you with any notices, we may do so via email or by post to the address you provided when placing your advert.
15. General
15.1. We reserve the right to transfer our rights and obligations under these Conditions to a third party, and we will notify you in writing if this occurs. Such a transfer will not affect your rights or our obligations under these Conditions.
15.2. Each section of these Conditions operates independently. If any court or relevant authority deems any part unlawful, the remaining sections will remain in full force.
15.3. Failure to enforce any obligation or delay in doing so does not constitute a waiver of our rights. Any waiver must be in writing and does not automatically extend to future defaults.
15.4. These Conditions constitute the contract between you and us. No third party has the right to enforce them.
15.5. These Conditions are governed by Spanish law. Any contract formed between us and any disputes arising from it will be subject to Spanish law. Both parties agree that the courts of Spain will have non-exclusive jurisdiction. Claims can be brought in Spain or, if you are a resident of the Balearic Islands, you may bring a claim there. Spanish law will apply in all cases.
16. Trade Advertising
16.1. These Conditions are intended for private sellers only. If you are a trader wishing to advertise vehicles for sale on Auto Trader Plus, please visit the Auto Trader Plus Portal.
16.2. Traders must not place adverts as private sellers or misrepresent themselves as private sellers. According to Spanish Consumer Protection Regulations, adverts from individuals selling goods as part of their business must clearly indicate this fact. Whether acting on your behalf or another’s, it is your responsibility to ensure compliance with these Regulations.
16.3. Failure to advertise as a trader when required can result in prosecution. We reserve the right to remove any advert placed as a private sale if we believe it is from a trader. No refund will be issued for such adverts, and you may incur an administration fee.