Operator-Lessor Terms — Property Owners (Cedentes)

This page describes, in detail and in plain language, the contractual terms applicable to the touristic exploitation lease agreements between Via Globe Unipessoal, Lda. ('TimelyStay' or 'Operator') and the owners of the exploited properties ('Owner' / 'Cedente'). This content is part of the public information made available by the Operator, has been available in each Owner's portal since 24 May 2019, and applies uniformly to all contracts of the same nature. It does not replace the full terms of the individual contract — in case of conflict, the individual contract prevails, available in the Owner's portal at host.timelystay.com → 'Contract' tab.

1. Nature and object of the contract

Each contract is a touristic exploitation lease (Alojamento Local). The Owner grants the Operator the exclusive right to commercially exploit the property as an AL for the term and on the terms agreed.

AL licence ownership remains with the Owner. The contractual authorisation is, during the term, irrevocable by unilateral act — it can only end by formal notice subject to the contractual notice period (cl. 2(ii) — 90 days before the contract anniversary). Removing listings, refusing guests or any other act disturbing exploitation during the term is a breach with full civil liability for damages to confirmed guests, platforms and the Operator.

Availability and exclusivity during the term (cl. 8 and cl. 29 — Exclusivity & Non-Compete): the Owner undertakes to keep the property available, operational and exclusively dedicated to the Operator's exploitation. In particular: (a) no publishing, advertising or listing on any external platform (notably Airbnb, Booking.com, Vrbo, Expedia, Houfy, local platforms or social networks); (b) no direct contracts with guests and no acceptance of direct payments, even framed as tips or voluntary contributions; (c) no direct communication with platform-intermediated guests via any external channel; (d) no diversion of guests during the term or in the 3 (three) months following its end. Breach is a material default (cl. 29(ii)) entitling the Operator to immediate termination plus pre-determined contractual indemnification equal to the greater of: (i) 3× the estimated value of the diverted reservation or settlement, calculated on the average price of comparable reservations of the previous 12 months; or (ii) €1,500 per event — documented by debit note and posted to the running account under clause 25, without prejudice to additional damages effectively proved.

2. Economic regime — bilateral commercial running account

The economic relationship runs as a commercial running account (Commercial Code arts. 344–350), formalised in clauses 11, 18, 25 and 26. Applied continuously since 24 May 2019 — monthly net transfer + corresponding monthly invoice-receipt from the Owner. Indissociably bilateral by construction.

Monthly settlement (gross revenue): sum of net reservation receipts at the Owner's contractual percentage.
Monthly debits: services provided by the Operator under clause 7.
Net amount to transfer: gross minus debits — bank-transferred value, NOT the invoicing value.
Owner document: invoice/invoice-receipt for the gross monthly revenue, with applicable VAT.
Operator document: itemised VAT invoices per service.
Real-time portal visibility: monthly gross income, monthly debits, net transfer, confirmed/pending balance, attachments — 24/7 since 24 May 2019.

3. Contractual communications channel — host.timelystay.com

Under clauses 33 (Formal Notices System) and 17 (Communications), the binding channel is the Owner's portal at host.timelystay.com. The portal keeps timestamped, auditable, IP/user-agent-stamped logs of all formal communications — full evidence for all contractual and legal purposes. Email is operational courtesy only — it does not replace the contractual channel for deadlines, proof of delivery, enforceability or formal interpellation.

External channels carry no binding effect and non-consultation is non-opposable (cl. 20(v)–(ix)): communications sent outside the contractual channel — notably postal mail to the registered office, informal messages, social networks, phone calls, SMS, instant-messaging platforms or registered letters not filed via the portal — do not constitute valid contractual notice, do not interrupt deadlines or prescription. The Owner's invocation of non-consultation of the portal to justify ignorance of settled balances, lapsed contractual deadlines, newly published contract versions, indemnities posted to the running account, or to escape ongoing obligations, constitutes abuse of right under article 334 of the Civil Code in the form of venire contra factum proprium. The Owner's timestamped portal session history (date, time, IP, browser/device identifier) is autonomous and hardly rebuttable evidence of effective consultation under article 351 of the Civil Code.

Duty to keep contact and fiscal data current (cl. 8(vi), cl. 17(iii), cl. 20(iii)): each Owner undertakes to keep continuously updated, in their portal, the email address (conventional domicile), NIF, IBAN and tax framework appropriate to the activity. Inaccessibility of the address for reasons attributable to the Owner — full inbox, deactivated account, filters blocking the Operator — does not prevent the legal effects of the communication.

Operator-to-Owner formal notices — 'Communications' tab.
Owner complaints, requests, communications — 'Communications' → '+ New'.
Invoices and accounting documents — 'Invoices' tab.
Running account statement — 'Running Account' / 'Invoices'.
Current contract — 'Contract' tab (full text, accept/terminate buttons).
Reservations — 'Calendar' / 'Reservations'.
Login history — on request via the contractual channel.

4. Invoicing — issuance, delivery and deadlines

Both parties are VAT-taxable persons (or under art. 53 CIVA exemption) and must use AT-certified billing software with sequential numbering, 10-year archival and SAF-T inclusion.

The Operator makes the gross monthly revenue available per reference period in the portal → 'Invoices' → 'Submit invoice-receipt' → 'Reference month'. The Owner may use the pre-calculated value or submit another with documented justification.

Operator VAT invoices to the Owner are made available in 'Invoices'. This availability is formal delivery for all contractual purposes (cl. 33(vii)). Email-based delivery is not contractually required and may be discontinued in adversarial situations.

Deferred issuance: deferring VAT invoice issuance is mere contractual tolerance under cl. 22 and substantiated by cl. 11(iii). Claims remain enforceable within the civil prescription periods (arts. 309/310 CC).

Payment subordinated to prior issuance of the Owner's invoice-receipt (cl. 11(vi)): payment of the monthly settlement in favour of the Owner is expressly conditional on the prior issuance and availability, by the Owner, in their portal at host.timelystay.com, of the corresponding invoice-receipt or other fiscally valid discharge document under the VAT Code. Failure to issue the invoice-receipt within 30 (thirty) days from the availability of the monthly settlement in the portal automatically suspends the enforceability of the Owner's credit against the Operator until effective documentary regularisation — without such suspension constituting Operator default, generating any right to default interest, or entitling the Owner to demand payment by any other means. A mere expression of will or informal request for payment, in any channel, does not replace the issuance of the invoice-receipt.

5. Standard service catalogue and base prices

Services provided under clause 7 — invoiced at general VAT 23% and debited in the monthly running account. The standard catalogue applied uniformly to all Owners:

Biannual bed linen (cl.7) — couple apt. (1 bed, 2 guests): €170.57 + VAT = €209.80. Full 2-set replacement every 2 years.
Biannual bed linen — couple + 2 singles (3 beds, 4 guests): €233.93 + VAT = €287.74.
Basic drain unclogging: €72.00 + VAT = €88.56.
Door opening: €75.00 + VAT = €92.25.
AL safety kit (fire blanket, extinguisher, signage): €237.00 + VAT = €291.51.
Professional bedbug treatment (3 sessions/30 days): €380.00 + VAT = €467.40.
Deep mould/fungus cleaning: €89.00 + VAT = €109.47.
Post-stay cleaning for Owner personal use — professional cleaning performed when the Owner uses the property for personal/family (non-commercial) use: €55.00 + VAT = €67.65.
Daytime guest assistance visit: €49.00 + VAT = €60.27.
Police-event/complaint assistance: €71.34 + VAT = €87.75.
Water heater (purchase + transport + install): €370.00 + VAT = €455.10.
Wall painting / hole-and-crack filling / smoothing (private area): €100.00 + VAT = €123.00.
Professional unclogging: €225.00 + VAT = €276.75.
Other ad-hoc services at cost + standard operational margin (prior estimate above €500).

Equipment integrated in the exploitation: Equipment used in the operation of the Local Lodging — including lockboxes, smart locks, mandatory AL signage, appliances, furniture, decoration and any other fixture necessary to the exploitation — forms, during the term of the contract, integrated operational equipment, regardless of who originally installed or paid for it. The respective access codes, maintenance and operational management belong to the Operator. The final regulation of this equipment (return, transfer, indemnification or offsetting as applicable) is subject to inventory and handover record in the orderly wind-down procedure (see section 6).

6. Termination, formal notice and orderly procedure

Initial term 1 year, automatic annual renewal unless validly terminated (cl. 2(i)).

Termination at end of current period (cl. 2(ii)) — via 'Terminate Contract' button in the portal, minimum 90 days before next anniversary. Effect only on anniversary; contract remains fully in force until then.

Early termination (cl. 2(iii)) — admissible in specific contract-defined situations, with formal notice and contractual indemnification.

Orderly wind-down after valid termination:

Accounting closure: final settlement, Owner's final invoice, Operator's final VAT invoices, final net transfer.
Confirmed reservations fulfilled until effective end date; later check-ins cancelled with guest management.
Keys and goods (cl. 7) returned against inventory and handover record.
Listings delisted after last confirmed reservation.
Owner portal access closed, historical archive accessible on request for 5 years.

7. Disputing entries — deadline and procedure

Every running-account entry may be disputed with written reasoned justification within 30 days from the entry date, via the contractual channel (cl. 26). After 30 days without dispute, the entry is tacitly accepted for all legal purposes — enforceable, opposable, definitively integrated. Continuous practice since 24 May 2019: multiple monthly settlements accepted, matching invoice-receipts issued.

Dispute resolution — mandatory pre-judicial procedure (cl. 19): in any dispute arising from the contract, the parties undertake to attempt good-faith resolution through direct negotiation via the contractual channel for a minimum period of 30 (thirty) days. Failing agreement, the parties may resort to mediation before a recognised mediation centre prior to court action. Only where resolution by the previous means is impossible is the dispute submitted to the courts of the Almada district, with express waiver of any other forum (cl. 19(iii)). Breach of this sequence — notably direct recourse to court, to regulators (ASAE, AT, CCDR, Turismo de Portugal) or to media outlets without prior exhaustion of the contractual channel — is relevant for cost allocation, bad-faith litigation liability and quantification of reputational damages.

8. Tolerance and non-waiver (cl. 22)

Under clause 22, any tolerance in collecting or enforcing any contractual obligation does NOT constitute a waiver, modification or novation. In particular:

Deferring VAT invoice issuance is mere tolerance, subject to civil prescription (CC arts. 309/310 — 20/5 years).
Deferring debit collection is mere tolerance.
Operational courtesy (email reminders etc.) is freely discontinuable when relationship becomes adversarial.
Accepting an out-of-deadline dispute in a one-off case creates no acquired right to future equivalent tolerances.

9. Good faith in performance and prohibition of selective extraction

The running-account regime is bilateral by definition. Consulting or extracting only one side (credits without debits, or vice versa) breaches the duty of good faith in performance (CC art. 762/2) and may constitute abuse of right (CC art. 334).

An Owner invoicing the gross monthly revenue must, under the same accounting/legal regime, acknowledge the corresponding debits — both are the same indissociable economic and tax operation. 'Income yes, expenses no' is mathematically impossible and contractually inadmissible.

This doctrine is reinforced in long-running relationships (5+ years) where both parties accepted the bilateral regime throughout — receiving monthly net transfers, issuing matching invoice-receipts. Late unilateral revision is venire contra factum proprium.

10. Full clause structure of the standard contract

The standard contract applied uniformly to all Owners since 24 May 2019, with updates always communicated in-portal for acceptance (cl. 16 — Contract Amendments), has 33 clauses, full text accessible at host.timelystay.com → 'Contract':

Cl. 1 — AL establishment (property + AL identification).
Cl. 2 — Duration and termination conditions.
Cl. 3 — Existing furniture and equipment inventory.
Cl. 4 — Property charges (IMI, condo, utilities — allocation).
Cl. 5 — Pricing of the exploitation.
Cl. 6 — Owner remuneration.
Cl. 7 — Services provided by the Operator.
Cl. 8 — Owner obligations.
Cl. 9 — Furniture and equipment.
Cl. 10 — Reservation policy.
Cl. 11 — Exploitation income and supporting documents.
Cl. 12 — Liability and insurance.
Cl. 13 — Data protection and privacy.
Cl. 14 — Content and data use.
Cl. 15 — Confidentiality.
Cl. 16 — Contract amendments.
Cl. 17 — Communications.
Cl. 18 — Quittance and closure of accounts.
Cl. 19 — Dispute resolution.
Cl. 20 — Conventional domicile for communications.
Cl. 21 — Force majeure.
Cl. 22 — Non-waiver / tolerance.
Cl. 23 — Severability clause.
Cl. 24 — Legal interest on arrears.
Cl. 25 — Credit offsetting and security reserve.
Cl. 26 — Monthly settlement and tacit acceptance.
Cl. 27 — AL licence maintenance and regulatory compliance.
Cl. 28 — No assignment of the contractual position.
Cl. 29 — Exclusivity and non-compete.
Cl. 30 — Digital contract closure (eIDAS / DL 12/2021).
Cl. 31 — Risk allocation and liability limitation.
Cl. 32 — Applicable law (Portuguese).
Cl. 33 — Formal Notices System (portal as binding channel).

11. Operational history and uniformity

All terms described on this page have been applied uniformly, consistently and uninterruptedly to all TimelyStay Owners since 24 May 2019. The portal availability of these elements — contract, running account, monthly settlements, VAT invoices, formal communications and notices — is dated, auditable contractual practice.

In long-running relationships (5+ years) with 60+ accepted monthly settlements, 60+ received net transfers and 60+ matching invoice-receipts issued, the regime acceptance is definitively consolidated. Any late unilateral revision claim is venire contra factum proprium (CC art. 334) and breach of good faith in performance (CC art. 762/2).

12. Tacit acceptance through continued service and platform use

Beyond the specific tacit acceptances referred to in sections 7 (individual entries) and 11 (accumulated operational history), the contractual regime and the Portuguese legal framework (articles 217 and 234 of the Civil Code) qualify as tacit acceptance any conduct that unequivocally demonstrates the parties' contractual intent. In the relationship between Operator and Owner, four autonomous and cumulative categories of tacit acceptance apply:

Tacit acceptance of the contract and its updates through continued use of the service — receiving monthly net transfers, issuing matching invoice-receipts, keeping the AL licence active for the contracted exploitation, and continuing to allow access to the property for guest reception constitute voluntary, reiterated and legally significant acts that demonstrate the will to maintain the contractual relationship on the prevailing terms (Civil Code art. 217). The accumulation of these acts over years consolidates into a legally binding usus contratual even absent an explicit written clause.
Tacit acceptance through use of the host.timelystay.com platform — each login to the Owner portal (with timestamped record, IP, user-agent and session length) is a voluntary act of access to the current contract terms, the running-account statement, the formal notices published and the invoices made available. Reiterated platform use over years, without disputing the published terms, consolidates unequivocal tacit acceptance. The same applies to access by the Owner's accountant or other agent (Civil Code art. 1178 — the agent's acts bind the principal).
Tacit acceptance of contract amendments (cl. 16) — amendments communicated by the Operator are deemed accepted if the Owner: (a) does not expressly refuse them within 30 days, and (b) continues to operate under the contract after notification. Express refusal through the contractual channel keeps the Owner on the previous contract version without prejudice; inaction combined with continued operation is, by contractual construction, valid acceptance.
Tacit acceptance of each monthly settlement and entry (cl. 26) — detailed in section 7. After 30 days without written reasoned dispute through the contractual channel, the individual entry is deemed tacitly accepted.
These four modalities operate autonomously and cumulatively — each is, on its own, sufficient to bind the Owner to the terms under which it operated. Together, in the context of a long-running contractual relationship, they constitute consolidated fact opposable to the Owner and barring later claims of ignorance or non-acceptance (factum proprium relevant for Civil Code art. 334 — prohibition of venire contra factum proprium, see section 9).

13. How to access all information

All information detailed on this page, plus individual history, is accessible at any time via the contractual channel:

Log in to host.timelystay.com with Owner credentials (in continuous use since contract signature).
'Contract' tab — full current contract text, history of accepted amendments, 'Terminate Contract' button.
'Invoices' / 'Running Account' — full statement of all entries (credits + debits), Operator VAT invoices, Owner invoice-receipt submission form with pre-calculated 'Reference month'.
'Communications' — formal notices received and sent, timestamped, with option to create new communication to the Operator.
'Calendar' / 'Reservations' — confirmed reservations and history.
Technical access issues: reportable via the portal (limited recovery session) or via the public contact page at timelystay.com/en/contact — report logged for resolution.