Management delegation instrument

This Management Delegation Instrument (the “Instrument”) governs, solely for the functions made available by the Platform, the relationship between the Owner and the delegated manager (property manager). The Operator is not a party to the management relationship between the Parties.

Article 1 — Parties and properties included in the delegation

1.1. Parties. The Parties to this Instrument are the Owner, being the holder of the properties identified in the delegation record (the “Owner”), and the delegated manager (property manager), being a Vendor approved by the Platform for management on behalf of third parties (the “Manager”).

1.2. Properties. The delegation covers solely the Owner’s properties associated by the Platform with the recorded pairing. No other property, including a property added after pairing without a new record, falls within the delegation.

1.3. Creation of the delegation. The delegation is formed in two steps, both recorded by the Platform: (a) the Manager generates and gives the Owner the Manager’s pairing code and the Owner enters it on the Platform; by entering the code the Owner proposes the delegation and accepts this Instrument in the version then in force, which the Platform records; (b) the delegation becomes effective only when the Manager confirms it from the Manager’s dashboard, after seeing the proposing Owner, the properties included and the full text of this Instrument. A proposal not confirmed within fourteen (14) days lapses. If the version of this Instrument changes between proposal and confirmation, the proposal lapses and must be renewed.

1.4. Nature of the relationship. The delegation is a mandate with representation: the Manager acts in the name of and on behalf of the Owner, and acts performed by the Manager within the limits of the delegation take effect directly for the Owner. The Manager acquires no right to use or enjoy the delegated properties, does not grant them to third parties in the Manager’s own name and does not collect the consideration for stays in the Manager’s own name; Article 3.1 remains unaffected. This Instrument does not govern and does not permit the sublease model, in which the manager takes a lease of the property and in turn grants it in the manager’s own name: a person intending to operate in that way registers on the Platform as the Owner of the properties they hold.

Article 2 — Powers granted to the Manager

2.1. Bookings and communications. For delegated properties, and within the functions made available by the Platform, the Manager may view and manage bookings, including manually created bookings; cancel bookings; resend access links to guests; and send or manage messages to guests for the management of the stay.

2.2. Identity verification. The Manager may carry out the guest identity-verification activities provided by the Platform, including viewing the data, documents and videos necessary for that verification and confirming identity in person when receiving the guest on the Owner’s behalf. Each activity remains subject to the instructions, limits and records provided by the Platform.

2.3. Operational compliance acts. The Manager may carry out, on the Owner’s behalf, the operational acts concerning guest notifications to the public-security authorities that the Platform makes available for delegated properties: recording arrivals and starting the transmission of the guest notifications, which the Platform performs using credentials that the Manager neither sees nor receives. For statistical surveys the Manager may complete the data and download the file generated by the Platform; upload to the regional portal and confirmation of the completed upload remain personal acts of the Owner, carried out with the Owner’s own credentials outside the Platform. This authority does not transfer to the Manager the legal responsibility for those obligations, which is governed by Article 6.

2.4. Express authority to issue refunds. The Owner expressly authorises the Manager to issue refunds independently for bookings of delegated properties, solely within thirty (30) days after the check-out date. For each order, the aggregate of all refunds already issued or to be issued must never exceed the amount actually paid by the Buyer. Once the thirty (30)-day period has elapsed, the refund request remains pending the Owner’s decision; the Manager may neither approve nor issue it. Each refund issued by the Manager is recorded with the Manager’s identity.

2.5. Unlisted powers. The Manager’s powers are only those expressly stated in this Article or necessarily incidental to their performance on the Platform. Every power not stated remains with the Owner.

Article 3 — Limits of the delegation

3.1. Profile, credentials and payment proceeds. The Manager may not alter or manage the Owner’s profile, credentials, payment-proceeds configuration, payment account, withdrawals or payouts. The refund authority in Article 2.4 is a limited and express exception only and grants no other power over payment proceeds.

3.2. No sub-delegation of properties. The Manager may not grant, transfer or sub-delegate to any third party, even in part, the management of properties that are either the Manager’s own or received under delegation; nor may the Manager generate or deliver pairing codes for property delegations. The rule is that no one delegates the profession that they receive.

3.3. Device delegations. The separate ability to delegate devices to Authorized Suppliers remains available where and to the extent that the Platform permits it. That ability neither constitutes nor gives rise to a delegation of property management.

3.4. Authority-portal credentials. The Manager may not access the page containing authority-portal credentials, or see, receive or request in the Manager’s own name those credentials for delegated properties.

Article 4 — Attribution, visibility and recording of actions

4.1. Attribution. In dealings with the Platform and with Buyers, actions performed by the Manager within the limits of the delegation count as actions performed in the name of and on behalf of the Owner. This is without prejudice to the Owner’s right of recourse against the Manager and to the Manager’s liability to the Owner for acts exceeding the delegation, this Instrument or the law.

4.2. Visibility. The Owner retains at all times visibility of the bookings, messages, verifications, requests and operational acts concerning the Owner’s properties.

4.3. Record. The Platform records the Manager’s actions with the Manager’s identity, the time and the nature of the action, according to the functions available. The record neither limits nor replaces the Manager’s accounting obligations to the Owner.

Article 5 — Personal-data protection

5.1. Roles. The Owner remains the controller of the personal data of guests of the Owner’s properties. The Manager processes those data on the Owner’s behalf and only within the scope of the delegation.

5.2. Reference to the DPA. The Parties confirm that Article 1.4 of the Data Processing Agreement appended to the Platform contracts also constitutes, for processing within the scope of the delegation, the instrument concluded between them under Article 28(3) of Regulation (EU) 2016/679. The Manager uses the data only to perform the mandate, does not retain them longer than necessary, does not disclose them, and applies the security measures provided by that Agreement.

Article 6 — Legal obligations and authority credentials

6.1. Owner’s obligations. Obligations concerning guest notifications, statistical surveys, tourist tax, the National Identification Code (CIN), and every other obligation applying to the property remain with the Owner. The Manager performs operational acts on the Owner’s behalf within Article 2.3 and does not thereby assume legal responsibility for the obligation.

6.2. Manager’s qualifications. The Manager declares that the Manager holds and keeps valid any licences, authorisations and qualifications that may be required by the municipality or by law to carry out management on behalf of third parties. The Manager is personally responsible for the truthfulness of that declaration and for maintaining those requirements.

6.3. Credentials held by the Owner. Credentials for authority portals remain in the Owner’s name and are supplied by the Owner to the Platform. The Manager neither receives nor sees them and does not request them in the Manager’s own name for delegated properties.

Article 7 — Consideration between Owner and Manager

7.1. Any fee, expense reimbursement or other economic arrangement between Owner and Manager is governed outside the Platform. Such arrangements are not enforceable against the Operator and do not alter commissions, payments, payouts or the other economic relationships between the Operator, the Owner and Buyers.

Article 8 — Duration, revocation and automatic lapse

8.1. Duration. The delegation takes effect when it is recorded on the Platform and remains effective until revocation or automatic lapse under this Article.

8.2. Immediate revocation. The Owner may revoke the delegation at any time. Revocation takes effect immediately upon its recording on the Platform; from that moment the Manager may no longer access or act for delegated properties.

8.3. Automatic lapse. The delegation automatically lapses with immediate effect if the Manager loses approved-manager status, if the VAT-number document required for that status is rejected or expires, or if either Party changes profession in a way incompatible with the delegation, including the Manager acquiring Authorized Supplier status.

Article 9 — Liability and indemnity of the Operator

9.1. Liability between the Parties. Each Party is liable to the other for its own acts and omissions. The Owner remains responsible for selecting and supervising the Manager; the Manager remains responsible for acts exceeding the granted powers, breaching this Instrument, or failing to exercise the care required by the Manager’s professional activity.

9.2. Indemnity of the Operator. Without prejudice to the General Terms, the Owner and the Manager indemnify, defend and hold the Operator harmless from every claim, damage, cost or liability arising from acts or omissions of the Manager in the delegation, including unauthorised acts, failures to fulfil legal obligations and personal-data breaches attributable to the Parties. The Operator is not liable for losses, damages or malfunctions caused by the Manager acting under the delegation.

Article 10 — Acceptance and electronic evidence

10.1. The Owner accepts this Instrument when proposing the delegation (entry of the pairing code); the Manager accepts it when confirming the delegation from the Manager’s dashboard, as described in Article 1.3. For each Party, the Platform records the version of the accepted text, its cryptographic fingerprint, the time of acceptance and the identity of the Party performing the action. The records retain the accepted text and are not replaced by a subsequently published version.