These Terms of Service (the "Terms") govern the access to, and use of, the Elniey platform (the "Platform") offered by Elniey — Gestão Turística, Lda., a Portuguese sociedade por quotas with taxpayer number PT 514 829 301, registered at the Conservatória do Registo Comercial de Lisboa under RCBE 20250114-EL-000841, with registered office at Rua Garrett 5, 1200-204 Lisboa, Portugal ("Elniey", "we", "us"). By subscribing to the Platform or otherwise creating an account, the operator (the "Client") accepts these Terms in their entirety.
1. Object
Elniey provides a Software-as-a-Service platform for the management of short-stay accommodation (alojamento local) operations in Portugal — including channel distribution, financial reconciliation, guest identity capture, communications and revenue analytics. The Platform is licensed on a non-exclusive, non-transferable, per-property basis for the duration of the applicable subscription plan.
2. Subscription and payment
The subscription is billed monthly in advance, per active property under management, in Euro, subject to the Portuguese standard VAT rate (currently 23%). The first monthly invoice covers a pro-rated period from the go-live date to the first day of the following month. All invoices are issued as certified faturas recibo compliant with the AT invoicing scheme and archived to a WORM store for the ten-year period required by Portuguese fiscal law.
Payments are accepted by SEPA direct debit, SIBS Multibanco or bank transfer to IBAN Banco BPI — IBAN PT50 0010 0000 6382 4110 0011 7. Late payments incur interest at the statutory commercial rate published semi-annually by the Portuguese Directorate-General for Treasury and Finance.
3. Onboarding, migration and off-boarding
Onboarding of a new portfolio typically requires six weeks and is co-ordinated by a named Elniey onboarding manager. The migration of historical booking, guest and financial data is included at no additional cost for portfolios of up to two hundred and fifty keys; larger migrations are scoped as a separate statement of work. Upon termination for any reason, the Client is entitled to a full export of their data in machine-readable formats (JSON, CSV, SAF-T PT for the financials) within thirty days of the termination effective date.
4. Compliance obligations of the Client
The Client warrants that every property under management on the Platform is validly registered with the RNAL (Registo Nacional de Alojamento Local) held by Turismo de Portugal, that the applicable municipal alvará is current, and that any co-ownership authorisations (autorizações de condomínio) required by the regime jurídico da propriedade horizontal have been obtained. Elniey may suspend a property's distribution to third-party channels if it becomes aware of a material breach of the applicable regulations.
5. SEF declarations
The Platform submits the Boletim de Alojamento for each guest over sixteen years of age to the Serviço de Estrangeiros e Fronteiras (SEF) within the statutory three-day window prescribed by Lei n.º 23/2007 and Portaria n.º 287/2008. The Client remains the party legally responsible for the declaration; Elniey acts as a processor executing the submission on the Client's behalf. Should the Client require the declaration to be filed by a different means, they must notify Elniey in writing before the guest's arrival.
6. Data protection
Personal data is processed in accordance with the Elniey Privacy Notice, the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR") and Lei n.º 58/2019 of 8 August. The Client acts as data controller for the guest data it submits to the Platform; Elniey acts as data processor within the meaning of art. 28 GDPR and executes the data-processing addendum ("DPA") automatically as part of these Terms. The DPA is available on request from Miguel Serôdio Pinto — dpo@elniey.com.
7. Service levels
Elniey commits to a monthly service level of 99.9% availability, measured across the Platform's principal API endpoints and the operator web console, excluding scheduled maintenance windows announced with at least seventy-two hours' notice. Failure to meet the committed level in a given calendar month entitles the Client to a service credit, computed pro-rata against the monthly subscription fee, applied to the following invoice.
8. Liability
The total aggregate liability of Elniey arising out of or in connection with these Terms shall not exceed the total subscription fees paid by the Client to Elniey during the twelve months preceding the event giving rise to the claim. Nothing in these Terms shall limit or exclude either party's liability for fraud, for wilful misconduct, or for any liability which cannot be limited or excluded by mandatory law.
9. Governing law and jurisdiction
These Terms are governed by the laws of the Portuguese Republic. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Comarca de Lisboa, without prejudice to the mandatory consumer protection venues where applicable. The parties may opt for arbitration under the rules of the Portuguese Chamber of Commerce and Industry (CAC) by written mutual agreement.
10. Changes to these Terms
Elniey may amend these Terms upon thirty days' written notice, provided that the amendment is either (i) non-material or (ii) required by a change in applicable law. A material amendment gives the Client the right to terminate the subscription without penalty during the notice period. The current version of the Terms is available at all times at the URL of this page.