Definitions

The following definitions apply to these terms and conditions:

a. Agreement the brokerage agreement between the Homeowner and Rental Valley.
b. Rental Agreement the agreement concluded between the Homeowner and the Guest(s) through mediation by Rental Valley.
c. Rental Conditions the rental conditions that apply to the Rental Agreement.
d. Guest(s) persons who rent (or wish to stay) in the Property as permitted by the Rental Agreement.
e. Property the rental object in whatever form and under whatever name specified by the Homeowner in the Agreement, including all movable and immovable property present on the Homeowner’s property or present at the start of the rental period.

1. Rental Valley’s obligation to perform a rental estimate

1.1 Rental Valley will lease the Property on behalf of the Homeowner to the best of its reasonable capacity. Rental Valley is subject to a best‑efforts obligation but cannot guarantee results or a minimum rental turnover.

1.2 If Rental Valley indicates the number of weeks it expects to be able to lease the Property, this is a non‑binding estimate. Rental Valley offers no guarantee that the actual number of weeks the Property is leased will correspond to such estimate.

2. Homeowner’s obligations
Fulfilment of the Rental Agreement

2.1 The Homeowner will ensure they meet their obligations towards the Guest(s) as laid out in the Rental Agreement and Rental Conditions.

No home visits

2.2 The Homeowner will make the Property fully available on dates for which bookings have been made by Rental Valley and waives personal use of the Property on such dates. Should the Homeowner wish to visit the Property during a booking, the Guest(s) must give permission. The Homeowner will communicate such requests to the Support Team.

Cancellation costs

2.3 Costs incurred by reversing the Property’s availability after bookings have been made or by cancellation are the Homeowner’s responsibility. These costs include Rental Valley’s commission, any rebooking costs incurred by the Guest(s), and cancellation fees charged by booking/rental platforms.
Payment of taxes and fees

2.4 The Homeowner is responsible for paying tourist tax (if applicable), VAT and income tax with regard to the Property. If a booking/rental platform pays tourist tax directly to a municipality, Rental Valley will inform the Homeowner of this in advance.
Permits and legal compliance

2.5 The Homeowner is solely responsible for obtaining, maintaining and, where necessary, renewing all permits, licences, registrations and authorisations required for the lawful rental of the Property to tourists, including but not limited to local short‑term rental regulations, AL, RNET and any municipal or regional registrations, as well as any necessary permission from the mortgage lender and/or HOA.

2.6 The Homeowner remains responsible for the timely payment of the Property’s gas, water, electricity and internet/tv bills and for the continuity of such utilities.
Maintenance and safety

2.7 The Homeowner must ensure that the Property and the surrounding land are in good condition. The Property must correspond to the description and layout provided by the Homeowner. The Homeowner is responsible for any errors or misrepresentations, even if the Property is viewed by (an employee of) Rental Valley.

2.8 The Homeowner is responsible for ensuring safety in and around the Property, including compliance with applicable fire and safety regulations and the presence of appropriate safety equipment.

2.9 Rental Valley reserves the right to conduct checks whenever it sees fit in order to ascertain whether the Property is in suitable condition for leasing.
Platform requirements

2.10 The Homeowner must ensure that the Property meets basic requirements set by the relevant booking/rental platforms. The Homeowner is aware that many platforms’ terms and conditions allow Guest(s) to claim a full or partial refund if the Property does not meet such basic requirements. Non‑functioning of essential features such as heating and hot water can quickly lead to a Guest(s) rebooking and claiming a full refund. Guest(s) may also be entitled to a partial refund in the event of malfunctions or disruptions.

Insurance

2.11 The Homeowner is responsible for adequate insurance for the Property, including building, property and liability insurance that explicitly permits short‑term holiday rentals. Rental Valley reserves the right to request and review the relevant policies from the Homeowner.
Property damage and indemnity

2.12 The Homeowner accepts the Code of Conduct for Deposit Handling in these General Terms and Conditions.

2.13 The Homeowner is responsible for any damages caused by Guest(s) that exceed the deposit amount. The Homeowner is advised to take out household insurance suitable for holiday rentals to tourists. Rental Valley is not liable for any damage caused by Guest(s) to or inside the Property or otherwise. The Homeowner indemnifies Rental Valley against claims by Guest(s) or Guest(s) regarding defects in or use of the Property, unless such claims are the direct result of wilful misconduct or gross negligence by Rental Valley.
Legislation

2.14 Rental Valley B.V. is active in multiple European countries. It is the Homeowner’s responsibility to be aware that local laws and regulations may differ per country, region or city and to ensure compliance with all applicable local laws and regulations. Any fines, penalties, taxes, claims or other costs arising from non‑compliance shall be for the sole account of the Homeowner. The Homeowner indemnifies Rental Valley against any such claims and related costs.

Non‑compliance with obligations

2.15 Any costs incurred by Rental Valley or by Guest(s), such as rebooking or refund costs, as a result of the Homeowner’s non‑compliance with obligations, will be billed to the Homeowner.

2.16 If Rental Valley is held liable or fined as a result of non‑compliance with obligations by the Homeowner or violation of obligations outlined in the Agreement or these conditions, the Homeowner indemnifies Rental Valley against such claims, damages and costs.

3. Reimbursement and payment

3.1 Not applicable for this Agreement.

3.2 The Guest(s) have agreed to pay the full Rental Amount to Rental Valley or the booking/rental platform involved. Rental Valley will pay the Homeowner the Rental Amount minus its commission and any costs advanced by Rental Valley.

3.3 The collection of rent from the Guest(s) will occur at least 14 days before the date of arrival in case of a standard booking. For last‑minute bookings, the rent will be collected from the Guest(s) during check‑in at the latest.

3.4 Rental Valley will pay the Rental Amount received, minus its commission and any prepaid expenses, to the Homeowner no later than the 15th day of each month for arrivals in the previous month, provided the Guest(s)’s full payment has been received.

3.5 Rental Valley reserves the right, but is not obliged, to take measures to collect the Rental Amount from the Guest(s). The Homeowner will take no measures against the Guest(s) unless and until Rental Valley declares it will take no measures.

4. Cancellation by a booking/rental platform

4.1 Booking/rental platforms may, on occasion, cancel a booking unexpectedly, for example, if a Guest(s) does not meet the platform’s criteria. Rental Valley is not responsible for any loss of income resulting from such cancellations.

5. Deposit and deposit handling
Deposit

5.1 Guest(s) are required to provide a deposit for bookings via Rental Valley. The deposit amount applicable to the Property is stated in the Agreement.

Collection and handling of the deposit

5.2 When booking via Airbnb, Airbnb will collect the deposit and mediate the handling of any damage claim. In the event of disagreement between Rental Valley (on behalf of the Homeowner) and the Guest(s) regarding the deposit amount, Airbnb will have the final say. Rental Valley will act in good faith and in accordance with platform rules but cannot guarantee the outcome of the platform’s assessment.

5.3 For all other bookings that are not processed via a booking/rental platform that manages a deposit itself, Rental Valley will collect and hold the deposit directly on behalf of the Homeowner and will internally handle the assessment and settlement of any damage claims with the Guest(s)/Guest(s). Rental Valley will determine, based on the available evidence (such as photos, reports from hosts/cleaners and communication records), whether (part of) the deposit will be withheld and paid out to the Homeowner. Rental Valley will act in good faith and in accordance with this Code of Conduct for Deposit Handling, but cannot guarantee that any claim will (fully) succeed or that the full deposit amount will be available or recoverable from the Guest(s)/Guest(s).

5.4 As minor conflicts surrounding deposits can lead to substantial loss of revenue due to negative reviews, damages and nuisances are an important theme. For this reason, the following Code of Conduct for Deposit Handling applies.

Code of Conduct for Deposit Handling – Homeowner

5.5 As the Homeowner, you accept that:

– leasing of the Property entails risk and inevitably results in more intensive use of the Property;
– an average of 5% of annual revenues should be reserved for damage and minor maintenance due to such intensive use;
– damage/wear and tear due to normal use is not covered by the deposit and is at the Homeowner’s own risk. Examples of damage caused by normal use include:
normal wear and tear to furniture, damage to walls as a result of dragging luggage, all damage to or malfunctions in water and heating systems, sudden malfunctioning of technical devices, cracked floor tile, cracking in refrigerator plate, stains on curtains, broken windscreen due to being left outside, outdoor furniture cushions becoming wet due to being left outside, incorrect air conditioning settings;
– damage to certain elements cannot generally be attributed to a specific Guest(s) and therefore cannot be recovered from the deposit. Examples: doors that no longer close properly, damage to floors, hinges and locks;
– platforms (such as Airbnb, Booking.com, HomeAway) and Rental Valley may mutually determine a reasonable amount in damages following a claim for which the deposit will be used, without consultation with the Homeowner;
– platforms are inclined to decide in the Guest(s)’s or Guest(s)’s favour when it comes to deposit assessment;
– household insurance is strongly advised in case of damages, in particular damages that exceed the deposit amount;
– damage and insurance costs cannot be recovered from Rental Valley;
– if Rental Valley removes a Guest(s)/Guest(s) from the Property, for example due to violation of the house rules, the Guest(s)/Guest(s) will be reimbursed for any remaining nights booked;
– in the event of clear negligence or violation of the house rules on the part of the Guest(s)/Guest(s), Rental Valley may request withholding of the deposit.
Code of Conduct for Deposit Handling – Rental Valley

5.6 Rental Valley applies the following procedure in the event of damage:

– the host or cleaner observes damage and reports this to the office;
– a Rental Valley guest support team member contacts the Guest(s) to discuss the damage;
– if the Guest(s)/Guest(s) acknowledges the damage and admits to having caused said damage, Rental Valley determines the amount in damages and bills the Guest(s)/Guest(s);
– if the Guest(s)/Guest(s) does not admit to having caused the damage, Rental Valley assesses whether it can sufficiently demonstrate that the damage is the result of negligence.
– If this cannot be adequately proven, Rental Valley takes no further action and proceeds to discuss repairs with the Homeowner.
– If there is clear evidence of negligence, Rental Valley submits a request for the deduction of the deposit to Airbnb where applicable, or withholds and settles the deposit directly with the Guest(s)/Guest(s) for non‑platform bookings. If such request or withholding is successful, the part of the deposit received by Rental Valley will be paid to the Homeowner in the following monthly payment.

Nuisance

5.7 Rental Valley applies the following procedure in the event of nuisance:

– a Homeowner, authority (such as police or municipal officer), host or neighbours observe nuisance at the Property;
– a Rental Valley employee checks the accuracy of the facts;
– if it is confirmed that nuisance has been caused, a Rental Valley employee contacts the Guest(s)/Guest(s) regarding the violation of the Rental Conditions/house rules;
– the Guest(s)/Guest(s) receives an official warning either verbally or in writing, unless the conduct is egregious enough to justify immediate removal from the Property or withholding of the deposit. If the Guest(s)/Guest(s) is uncooperative, they receive an official warning via WhatsApp, SMS, email and/or the channel via which they booked their stay;
– in the event of further nuisance following an official warning, Rental Valley proceeds with a request to withhold the deposit and/or remove the Guest(s)/Guest(s) from the Property.

6. Review policy

6.1 Guest(s) are invited by platforms to leave a review. Platforms send multiple reminders in an effort to persuade Guest(s) to leave a review. Rental Valley will not approach Guest(s) specifically regarding reviews.

6.2 Available remedies for the removal of negative reviews are limited. Reviews can only be removed if it can be proven that a Guest(s) has been untruthful or if the text is clearly abusive or unnecessarily offensive.

6.3 Rental Valley does not respond to reviews as standard procedure, although this is possible at the Homeowner’s request.

6.4 Reviews on most platforms are tied to the Rental Valley agency and cannot be transferred, with the exception of reviews on Booking.com and HomeAway.

7. Sale of the Property

7.1 If the Property is sold or transferred to a third party, the Homeowner undertakes to transfer all outstanding obligations to the new owner and to inform the new owner of existing Rental Agreements that must be honoured until the last booking.

7.2 If the new owner does not fulfil their obligation to comply with existing Rental Agreements, the Homeowner remains liable for any damages suffered by Rental Valley and the Guest(s).

7.3 The Homeowner undertakes to immediately inform Rental Valley in writing of a (future) change in ownership.

8. Term and cancellation

8.1 The Agreement is entered into for an indefinite period and may be terminated by either party with a notice period of sixty (60) days. Any bookings with arrival dates within this 60‑day notice period must be fulfilled to the Guest(s) under the existing conditions.

8.2 For bookings with arrival dates after the sixty (60) day notice period, the Homeowner may either:
a) honour such bookings, in which case Rental Valley is entitled to fifty percent (50%) of the normal commission that would apply to those bookings; or
b) cancel such bookings, in which case all costs, penalties, Guest(s) compensation and platform charges arising from such cancellation shall be borne exclusively by the Homeowner. Rental Valley may set off such amounts against any sums payable to the Homeowner.
8.3 If the Homeowner terminates the Agreement during the onboarding phase, before the Property has gone live and before the first booking has taken place, all reasonable onboarding costs already incurred by Rental Valley (such as photography, listing creation, initial inspections and administrative setup) will be charged to the Homeowner.

9. Liability limitation

9.1 Without prejudice to other liability limitations mentioned in the Agreement and in these conditions, Rental Valley’s liability towards the Homeowner, for any reason, is limited to the total commission paid to Rental Valley in relation to the Property over the last year. Every compensation claim initiated by the Homeowner will expire after one year from the date on which the Homeowner became aware, or reasonably should have become aware, of the event giving rise to the claim.

10. Miscellaneous

Rejection of purchase conditions

10.1 Any conditions or exceptions put forward by the Homeowner do not form part of the Agreement, unless Rental Valley has explicitly agreed to such in writing.
Unofficial Homeowner

10.2 Insofar as the Homeowner is not the legal owner of the Property referred to in the Agreement, the Homeowner hereby declares that they are authorised to lease the Property. The Homeowner further guarantees that all obligations arising from the Agreement and these conditions also apply to and will be honoured in full by the actual owner(s) and/or any intermediate (sub)landlords. The Homeowner indemnifies Rental Valley against any claims initiated by the Guest(s), Guest(s) and/or any third parties as a result of any action or inaction on the part of the Homeowner, the actual owner(s), or intermediate (sub)landlords.
Relationship clause

10.3 For the duration of the Agreement and for a period of twelve (12) months after its expiry, the Homeowner is not permitted to make any direct or indirect offer to, or enter into rental agreements for the Property with, Guest(s) or Guest(s) with whom Rental Valley has mediated, without Rental Valley’s prior written consent.

Non‑compliance of Homeowner

10.4 In the event the Homeowner fails to comply with the Agreement or these conditions and the obligations laid out therein towards Rental Valley or the Guest(s), the Homeowner is liable for any damages suffered by Rental Valley, without further notice of default being required.

Intellectual property

10.5 The Homeowner grants Rental Valley a perpetual, non‑exclusive and transferable right of use with regard to supplied image material necessary for the execution of the Agreement. The Homeowner indemnifies Rental Valley against third‑party claims for infringement of intellectual property rights (including copyrights) with regard to image material sent and/or made available.

Transfer of this Agreement

10.6 Voided.

Use of software and AI

10.7 Rental Valley uses various software solutions and automated tools, which may in some cases include systems based on artificial intelligence (AI), to support and optimise its internal processes and services. These tools are used in a controlled manner and in accordance with applicable data protection and information security laws..

Conversion

10.8 If a provision laid out in these conditions proves to be void or is annulled, this will not affect the validity of the remaining provisions. Where possible, a valid provision will replace any invalid provision, which reflects as closely as possible the intent of the invalid provision.

Change clause

10.9 Rental Valley reserves the right to unilaterally amend these conditions, unless the change results in a substantial disadvantage to the Homeowner. If the Homeowner believes such substantial disadvantage has occurred, the Homeowner must notify Rental Valley within two months.
Amendment to the Rental Conditions

10.10 Rental Valley reserves the right to unilaterally amend the Rental Conditions that apply to Guest(s). Any significant changes are announced in advance. The Homeowner then has 14 days to register any objection. Failure to communicate an objection in time will be seen as implicit agreement. Minor changes may be made at any time without notice.
Governing law

10.11 The Agreement, these General Terms and Conditions and any associated legal relationships are exclusively governed by and construed in accordance with Portuguese law, unless this is contrary to mandatory law.
Jurisdiction

10.12 The Agreement and these conditions are subject to the jurisdiction of the Amsterdam or Faro court, unless this is contrary to mandatory law.