Terms And Conditions
Last Updated: February 1, 2024
Please go through the terms of these conditions thoroughly prior to using our service.
1. General Terms
These Terms and Conditions ("Terms") govern the use of the website (https://timelystay.com) and all services included therein. By accessing or using the website and services, the user fully agrees to these Terms. For the purposes of these Terms, "Property Owner" has the same meaning as "Cedente" (Grantor) in formal contracts entered into with TimelyStay.
Updates: These Terms may be updated up to two times per year. The updated version shall apply to all users of the website and its services.
2. Short-Term Management Service
The conditions for the short-term management service are as outlined at https://timelystay.com/pt/property-management. The following additional terms apply:
- By using our services on this website, you accept the conditions presented on this website. Any previously signed contract is automatically renewed to the form and content defined in the digital contract of this site, with the sole exception of the contract signature date and TimelyStay’s commission percentage.
- By using our services on this website, you accept the conditions presented on this website. Any previously signed contract is automatically renewed to the form and content defined in the digital contract of this site, with the sole exception of the contract signature date and TimelyStay's commission percentage.
- The contract is entered into for an initial term of 1 (one) year from the date of signature, being automatically renewable for equal periods, unless prior notice of termination is given by the Client with at least 90 (ninety) days’ notice prior to the contract renewal date. TimelyStay may terminate the contract by formal notice via email with 30 (thirty) days’ notice, without compensation.
- Cleaning services
- Check-in fees
- Additional guest services unrelated to rental income
- In case of early termination by the Client, without 90 days prior notice or legal justification, the Client shall indemnify TimelyStay with the lower of the following amounts: (a) €900 (nine hundred euros); or (b) 50% of the average gross monthly revenue of the last 6 (six) months. This indemnification is intended to compensate for setup costs, marketing, and lost business opportunities.
- Contract Termination Indemnity: Regardless of the form of contract termination (notice, expiry or resolution), the Client shall pay TimelyStay a fixed indemnity of €400 (four hundred euros) as compensation for costs incurred with loss of revenue, removal of advertisements and operational restructuring. This amount is due in addition to any other indemnity provided for in this contract.
- Confirmed Reservations: In case of contract termination, all reservations confirmed up to the termination date must be fully honored by the Client, allowing guests to enjoy the accommodation under the agreed conditions. If this obligation is not fulfilled, the Client shall pay TimelyStay: (a) the full value of each unfulfilled reservation; and (b) any penalties, commissions, cancellation fees or charges that booking platforms may impose on TimelyStay as a result of the breach.
- The management fee shall correspond to the fee available in the account of the Client on our website. The fee will be applied to the amount actually received by TimelyStay on the rental platforms. Exclusions include: extra services requested by guests and cleaning fees.
- The amount to be received by the Client will be paid monthly, with payments due on the 15th of the following month. The income amount for the month corresponds to reservations with a check-out date within that month. Monthly transfers will occur after the issuance of an invoice by the Client.
- All fixed expenses related to the properties (condominium fees, water, electricity, internet, etc.) are the responsibility of the Client.
- Structural maintenance and infrastructure upkeep are the exclusive responsibility of the Client, including preventive measures to ensure that the properties are in suitable condition for commercial use.
- TimelyStay is only responsible for daily maintenance during the period of use.
- The properties will be used exclusively for subletting under short and medium-term rental agreements.
- Income Calculation: Total Income = (Payment received from Platform) - (6% VAT). Payment to Client = Total Income × Agreed percentage.
Additional Pricing Structure
1. Bed Linen and Textiles
Every two years, three complete sets of bed linen, towels, kitchen cloths, and bathroom rugs are provided and invoiced. Each set includes all items needed for guests.
Example: One-bedroom apartment with one double bed consists of three times (3x) the following: 1 fitted sheet, 1 flat sheet, 1 duvet cover, 2 pillow cases, 2 bath towels, 3 hand towels, 1 bathroom rug, 1 kitchen cloth.
Amounts payable are added to the Client’s running account every 2 years, starting February 1st, 2024, plus a transport fee of €30+VAT. The Client may request settlement and invoicing of the running account balance at any time. If not requested, invoicing is automatically issued by February 1st of even-numbered years. Clients who start their contract from August 30th of an odd-numbered year are exempt from payment for the immediately following even-numbered year, with their biennial billing cycle commencing on February 1st of the subsequent even-numbered year (e.g., a contract started in October 2025 is exempt until February 1st, 2028).
2. Services Not Included in Property Management
The following services are not included in TimelyStay's property management service and have the following additional prices (excluding VAT):
- a) Any requested visit by a guest staying at the property (includes requests for heaters, fans, Internet rebooting/malfunction/client support contact, key delivery, equipment repairs, broken items or those in need of configuration, property utilities not working): €25 / €35 (Outside Lisbon Municipality)
- b) Repair of items, appliances, furniture, electrical, mechanical, water or plumbing issues: €75 / €99 (Outside Lisbon Municipality)
- c) Door opening with key inside the apartment or temporarily unavailable: €30 / €40 (Outside Lisbon Municipality)
- d) Door opening when guests have lost their keys: €68 / €88 (Outside Lisbon Municipality)
Values are recorded in the client's running account upon service provision, constituting enforceable debt from the moment of registration. The client may request immediate settlement and invoicing at any time.
3. Complete Maintenance Service
All-inclusive maintenance service (except materials), invoiced every three years. Includes all maintenance visits, routine repairs, and technical assistance during the contract period.
Preço / Price: €60/month - €1,440 per year (€720+VAT)
Values are recorded in the Client’s running account upon service provision, constituting enforceable debt from the moment of registration. The Client may request immediate settlement and invoicing at any time. The cost of replacement materials is not included and will be invoiced separately. The three-year invoicing cycle started on February 1st, 2024, with a two-year rotation term.
3. Condominium Management
The conditions for condominium management are as outlined at https://timelystay.com/pt/condo-management.
4. Fixed Rental Income
The conditions for fixed rental income services are as outlined at https://timelystay.com/pt/fixed-rental-income. The following additional terms apply:
- By using our services on this website, you accept the conditions presented on this website. Any previously signed contract is automatically renewed to the form and content defined in the digital contract of this site, with the sole exception of the contract signature date and TimelyStay's commission percentage.
- The contract is entered into for an initial term of one (1) year starting on the day you sign the online contract, and is automatically renewable for successive one-year terms unless terminated by the Client with 90 (ninety) days' prior notice before the contract renewal date, or by TimelyStay with 30 (thirty) days' prior notice.
- In case of early termination by the Client without prior notice or legal justification, the Client shall compensate the Tenant with 80% of the gross monthly income of the previous month.
- All fixed expenses related to the properties (condominium fees, water, electricity, internet, etc.) are the responsibility of TimelyStay.
- Structural and infrastructure maintenance is the sole responsibility of the Client, including preventive measures to ensure the properties are in adequate condition for commercial use.
- TimelyStay is responsible only for daily maintenance during use.
- The properties will be used exclusively for subleasing under short, medium, and long-term contracts.
- TimelyStay retains the right to define the terms of subleases within the limits of legal and contractual requirements.
5. Digital Contract Acceptance
TimelyStay uses a digital contract acceptance system that has full legal validity. The following terms apply to all contracts entered into through the TimelyStay.com platform:
- The use of the TimelyStay.com digital platform by the Owner/Grantor, including but not limited to access to the client area, viewing monthly statements, booking data and contractual information, constitutes express and irrevocable acceptance of all terms and conditions established in the applicable contract.
- By accessing and using the services provided through the TimelyStay.com website, the Owner/Grantor declares that they have read, understood and fully accepted all contractual clauses, having the same legal effect as a handwritten signature, under the terms of EU Regulation No. 910/2014 (eIDAS) and Decree-Law No. 12/2021, of August 2 (electronic signatures) and other applicable legislation.
- The digital acceptance date corresponds to the date of first access to the platform by the authorized user, this moment being electronically recorded in the systems of TimelyStay.
- The electronic record of digital acceptance is kept securely and can be made available to the parties upon request, serving as proof of contract execution.
- Digital acceptance of contracts does not prejudice the right of withdrawal or termination under the terms provided for in applicable legislation and in the specific contractual clauses of each type of service.
6. General User Obligations and Responsibilities
- Users agree to provide accurate and up-to-date information during the use of the website and its services.
- The user must not engage in activities that may harm, disrupt, or compromise the integrity of the website and its related services.
- Users are responsible for maintaining the confidentiality of their account credentials and activities conducted under their account.
7. Service Availability and Limitations
- TimelyStay strives to maintain the continuous availability of the website and services but does not guarantee uninterrupted operation.
- Temporary interruptions may occur for maintenance or technical reasons, and TimelyStay will strive to minimize any inconvenience.
8. Intellectual Property
- All content, trademarks, and materials available on this website are the property of TimelyStay or its licensors and are protected by applicable intellectual property laws.
- Users are prohibited from copying, distributing, or reproducing any part of the website without prior written consent from TimelyStay.
9. Privacy Policy
- TimelyStay collects and processes user data in compliance with the General Data Protection Regulation (GDPR) and applicable Portuguese legislation, as detailed in our Privacy Policy, available at https://timelystay.com/en/privacy.
- By using the website and its services, users consent to the collection and processing of their data as outlined in the Privacy Policy.
10. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of Portugal.
- Any disputes arising from these Terms shall be resolved in accordance with Section 17 (Dispute Resolution).
11. Limitation of Liability
- TimelyStay shall not be liable for any indirect, incidental, special or consequential damages arising from the use or inability to use the services.
- TimelyStay's total liability to the Client for any claim related to the services is limited to the amount of commissions actually received in the 12 (twelve) months preceding the event giving rise to the claim.
- The limitations of liability set forth in this clause shall not apply in cases of wilful misconduct or gross negligence.
- TimelyStay maintains adequate professional liability insurance for its activities. The Client undertakes to maintain adequate insurance covering the property, its contents, and civil liability towards third parties, including guests.
12. Data Protection and Privacy
- Both parties undertake to comply with the General Data Protection Regulation (GDPR) - Regulation (EU) 2016/679 - and Law No. 58/2019, of August 8, regarding the processing of personal data arising from the execution of the contract.
- TimelyStay may collect and process personal data of the Client and guests strictly necessary for the provision of contracted services, including identification, contact, tax and banking data.
- Personal data will be retained for the period necessary to fulfill legal and contractual obligations, and the Client may exercise their rights of access, rectification, erasure, restriction, portability and objection through written communication.
- TimelyStay implements appropriate technical and organizational measures to ensure the security of processed personal data.
13. Content and Data Usage
- The client expressly authorizes TimelyStay, as well as its associated companies, partners and subcontractors, to use any content obtained under the contract, including but not limited to: photographs, images, videos, audio, metadata, occupancy statistics, reservation data and operational information.
- This authorization covers the use of said content and data for the following purposes: marketing and advertising; data management and analysis; product and service development; market and statistical studies; training and inference of artificial intelligence (AI) systems; machine learning; process automation; improvement of pricing and availability algorithms; and any other legitimate commercial or operational purposes.
- The authorization granted is valid during the term of the contract and remains in effect for a period of 10 (ten) years after its termination, being irrevocable with respect to content already incorporated into systems, campaigns or AI models.
- TimelyStay may assign or sublicense these rights to third parties, including booking platforms, commercial partners, technology service providers and entities within the same corporate group.
14. Confidentiality
- Both parties undertake to keep confidential all commercial, financial, technical and operational information to which they have access under the contract, and may not disclose it to third parties without prior written authorization from the other party.
- The confidentiality obligation does not apply to information that: (a) is or becomes public domain through legitimate means; (b) was already known to the receiving party before its disclosure; (c) is legitimately obtained from third parties without confidentiality obligation; or (d) must be disclosed by legal imposition or court order.
- The confidentiality obligation remains in force during the term of the contract and for a period of 5 (five) years after its termination.
- Breach of this clause entitles the injured party to compensation for damages suffered.
15. Contract Amendments
- Use of this website constitutes acceptance of the Terms and Conditions defined herein. The user acknowledges having read and understood these terms before using the services.
- TimelyStay reserves the right to update the General Terms and Conditions available on this website, notifying users via electronic communication or notice on the site itself. Continued use of services after publication of changes constitutes acceptance thereof.
- Changes made through this website never affect the specific commercial conditions agreed in individual contracts, namely the management company percentage and the initially defined contract term. Any changes to these conditions require express written agreement from both parties.
16. Communications
- All official communications between the parties regarding contracted services must be made through the contact form available on the TimelyStay.com website or by email to the address indicated on the website.
- Communications are deemed received: (a) immediately, if made through the website; (b) within 3 (three) business days, if sent by email.
- The user undertakes to keep their contact details updated on the TimelyStay.com platform.
17. Dispute Resolution
- In case of disputes arising from contracted services, the parties undertake to attempt to resolve the matter in good faith through direct negotiation for a minimum period of 30 (thirty) days.
- If direct negotiation does not result in agreement, the parties may resort to mediation at a recognized mediation center before resorting to the courts.
- If resolution through the above means is not possible, the dispute shall be submitted to the courts of Lisbon.
Contact Us
If you have any queries regarding these Terms and Conditions you can reach us via this contact form.