Terms of Service
These terms of service govern your use of the Contratista platform. By creating an account or using the platform, you agree to these terms. Please read them together with our privacy policy.
1. Definitions
In these terms, “platform” means Contratista’s software and services; “owner” the property owner who takes out a subscription; “tradesperson” an independent tradesperson in our vetted pool; “guest” a tenant or occupant who reports a fault via QR; and “report” a reported fault with its photos and description. By “consumer” we mean an owner who uses the platform for purposes outside their trade or profession; by “business customer” an owner acting in the exercise of a trade or profession — including commercial letting — and any tradesperson. Where these terms set out provisions for “consumers”, those apply solely to that group and not to business customers and tradespeople. “We”, “us” and “Contratista” refer to the operator of the platform: Contratista, established in the Netherlands at Wilhelminastraat 54, Vlaardingen (KvK no. 82351627; VAT no. NL003672419B82; phone +31 6 11045776).
2. The service
Contratista is a software platform and intermediary for holiday-rental maintenance. We help owners receive, diagnose and route reports, match them to vetted independent tradespeople, coordinate the job, check invoices and file insurance-ready reports. We provide intelligence, a record and advice — not the repair work itself and not a payment service.
3. Accounts and access
Owners and tradespeople need an account. You must be at least 18 and able to enter into this agreement. You are responsible for the accuracy of your information and for keeping your credentials confidential; activity under your account is your responsibility. Tradespeople join a vetted pool; approval is at our discretion, follows screening, and may be paused or withdrawn based on performance or conduct.
4. Our role as intermediary
Contratista connects owners and independent tradespeople but is not a party to the agreement formed between them. We do not employ the tradespeople, do not direct their work and do not warrant its quality, safety or outcome. Our screening of tradespeople is a limited, administrative check at admission — such as identity, registration and submitted documents — and not ongoing monitoring; admission is not a guarantee of a tradesperson’s competence, insurance, permits, reliability or suitability for your job, and does not make us a party to or a guarantor of the work. The decision to assign a tradesperson, approve work and pay always rests with the owner; you remain responsible for verifying, where appropriate, the tradesperson, their liability insurance and the quote before you place an order.
5. AI features and their limits
The platform uses AI to help diagnose reports, assess severity, estimate costs and check invoices. This output is supporting advice and may be incomplete or incorrect; it does not replace professional judgement or on-site inspection. For safety-critical faults (gas, water, electrics), the system never automatically lowers its output below the level that requires human or professional review. Never decide solely on the basis of the AI output in situations involving a risk to people’s safety; if in doubt, engage a qualified tradesperson or emergency service. Where automated output noticeably affects you, you can request human intervention and contest the outcome via info@contratista.eu. You remain responsible for decisions you make based on the output, and we clearly indicate when content is AI-generated. This provision does not affect anything that mandatory law, including the rules on product liability, does not permit to be excluded.
6. Subscription, trial and prices
Owners take out a subscription to use Contratista, with a 14-day free trial. At checkout you choose your billing period — monthly or yearly — and that period is billed in advance each time. After the trial, payment continues automatically at the then-current rate for the period you chose, unless you cancel before it ends. Cancellation takes effect at the end of the current billing period (article 9), so with yearly billing that is the end of the current subscription year. We may change prices; we announce changes in advance and they apply from your next billing period.
7. Payment and VAT
Subscription payments are handled by our payment provider (Stripe); by subscribing you authorise the recurring charge. The rates shown on the pricing page include VAT: the total price shown before checkout contains the VAT of your country of residence (for Spain, the applicable IVA), which we remit via the EU One-Stop-Shop (OSS) scheme. For customers with a valid EU VAT number verifiable through VIES, we apply the reverse-charge mechanism (we charge no VAT and you self-account for it); if we cannot establish that number, we treat you as a consumer. Our subscription invoices follow Dutch and OSS invoicing rules and do not fall under the Spanish Verifactu system; invoices that tradespeople issue to owners for repair work are between those parties, must comply with the applicable VAT and invoicing rules (including Verifactu where applicable), and are not issued by Contratista.
8. Right of withdrawal for consumers
If you take out a subscription as a consumer, you have a 14-day cooling-off period in which you may withdraw from the agreement without giving a reason. You withdraw by telling us unambiguously within that period — via the contact page, by email at info@contratista.eu or using the model withdrawal form. If you expressly ask us to start the service during the cooling-off period and acknowledge that you lose your right of withdrawal once the service has been fully performed, your right of withdrawal continues during those 14 days for as long as the service has not yet been fully provided; if you withdraw during that period, you pay proportionately for the part we have already delivered. We confirm receipt of your withdrawal and refund any amounts due to you without undue delay. Business customers and tradespeople have no statutory right of withdrawal.
9. Cancellation and consequences
You can cancel at any time; cancellation takes effect at the end of the current billing period and paid periods are not refunded pro rata. If your subscription lapses or ends, your QR codes keep working and new reports keep arriving, but the content of new reports is hidden until you reactivate. Historical jobs remain accessible read-only — nothing is lost.
10. Payment between owner and tradesperson
Payment for repair work is made directly between owner and tradesperson, outside the platform. Contratista does not hold, process or move those payments and never takes a commission on repairs. The owner marks an invoice as paid or unpaid for record-keeping; any dispute about the work or the invoice is between owner and tradesperson, with the option to escalate to us for mediation. Mediation is a reasonable-efforts service and does not bind us to any outcome.
11. Access to the property and access codes
Access instructions and key-safe codes you record are shared with the tradesperson assigned to the job to the extent needed to carry out the work. You decide which access details you record and are responsible for managing them, including changing codes after a job is completed. Contratista is not liable for damage, theft or loss resulting from misuse of access details by a tradesperson or third party, except in the case of intent or wilful recklessness on our part. We strongly advise changing codes after every job and not recording permanent key or alarm codes.
12. Acceptable use
You use the platform only to manage legitimate property maintenance. You do not upload unlawful, misleading or infringing content, do not report faults you are not entitled to report, and do not attempt to misuse, overload or reverse-engineer the platform. You make the reporting point (the QR code) available in a visible place; we ourselves show the actual privacy information to the guest in the reporting flow. Guests who report a fault via a QR code or property code are bound by these terms for that report, even without an account: by submitting, the guest confirms that they are entitled to submit the report, took the photos themselves or may share them, and do not infringe the rights or privacy of others. We may restrict content or access in case of misuse.
13. Reporting unlawful content
If you believe that content on the platform is unlawful, report it to info@contratista.eu with a description of the content, its location and why you consider it unlawful. We confirm receipt, assess the report carefully and non-arbitrarily, and inform you of our decision and the option to object to it. This address is also our point of contact for users and authorities within the meaning of the Digital Services Act.
14. Availability and maintenance
We do our best to keep the platform reliable and available, but provide it “as is” on a best-effort basis, without warranty of uninterrupted or error-free operation. We may temporarily suspend the service for maintenance, updates or security reasons, and try to give advance notice where possible. For consumers, this does not affect your statutory right to a service that conforms to the contract.
15. Force majeure
Neither party is liable for delay or failure to perform due to circumstances beyond its reasonable control, including disruptions or outages at the processors on which the platform depends (hosting, storage, email, payment and AI services), internet or power failures, cyberattacks, natural disasters and government measures. If the force majeure lasts longer than 30 days, either party may cancel the subscription without being liable for the resulting damage.
16. Intellectual property
All rights in the platform, software, brand and Contratista content remain with us or our licensors; you receive a non-exclusive, non-transferable right to use it for the duration of your subscription. The data and content you provide remain yours; you grant us a limited licence to process them as needed to deliver and improve the service. We may freely use any feedback you give us.
17. Liability
Contratista provides tooling and recommendations. All AI output is supporting advice; the final decision on assignment, approval and payment rests with you. We are not a party to the agreement between owner and tradesperson and are not liable for the quality, safety or outcome of the repair work or any damage arising from it. Otherwise, our liability is limited to direct damage — by which we mean solely: reasonable costs to remedy the shortcoming, to establish its cause, and to prevent or limit damage — and, per event and per year, to a maximum of the subscription amount you paid in the twelve months before the event; we exclude indirect or consequential loss. This subscription-based cap does not operate as an exclusion towards tradespeople or guests who pay no subscription: towards them we are liable for direct damage that is the direct and attributable result of incorrect or unlawful automated output of our platform, within the limits of the law and excluding indirect and consequential loss. These limitations do not apply in the case of intent or wilful recklessness by Contratista or its senior management, nor to death or personal injury, nor to the extent that a limitation towards you as a consumer would constitute an unfair term or mandatory law does not permit a further limitation; in that case, the furthest-reaching limitation that is permitted applies.
18. Indemnification
You indemnify Contratista against third-party claims — including from guests, tenants, other occupants, neighbours, buyers, rights holders and insurers — arising from the content that you or your guests provide via the platform (including photos, descriptions and address and access details), from a report made without right or permission, from the agreement and work between owner and tradesperson, or from your breach of these terms or of applicable law, including reasonable costs of defence. This indemnity does not apply to the extent that the claim results from intent or wilful recklessness by Contratista, and does not affect the mandatory rights of consumers.
19. Termination by us
We may suspend or terminate an account for breach of these terms, non-payment, misuse or a legal obligation. Where reasonable, we warn you in advance and give you the chance to remedy it. On termination, you keep access for a reasonable period to export your data, except in cases of serious misuse.
20. Changes, governing law and disputes
We may update these terms; material changes are announced in advance via your dashboard or by email, stating the effective date. If you continue your use after that date, this counts as acceptance; if you disagree with a material change, you may cancel free of charge before the effective date and the old terms continue to apply to you until then. These terms are governed by Dutch law. For business customers, the competent court in the Netherlands has exclusive jurisdiction over disputes. If you are a consumer, the choice of law never deprives you of the mandatory consumer protection of the country where you live; you may bring a dispute before the court of your own country of residence or the Dutch court, and we will bring a claim against you only before the court of your country of residence. If you cannot resolve a dispute with us, you may also refer it to a competent consumer dispute-resolution body in your own EU member state; consumers in Spain can turn to the consumer offices (Oficinas Municipales de Información al Consumidor) and the consumer arbitration system (Sistema Arbitral de Consumo), and for cross-border disputes the European Consumer Centre can help.
21. Assignment and final provisions
You may not assign your rights or obligations under this agreement without our prior written consent. Contratista may, however, transfer the agreement to a group company or to a legal successor in the event of a merger, acquisition or transfer of (part of) the business; we inform you in advance, your rights under these terms and our privacy policy remain unchanged, and you may cancel in that case if you do not agree to the transfer. If a provision of these terms is void or unenforceable, the remaining provisions remain in full force and we replace the provision concerned with a valid one that comes as close as possible to the intended purpose. These terms, together with the privacy policy they refer to, form the entire agreement between you and Contratista and supersede earlier arrangements on the same subject. If at any time we do not exercise a right under these terms, or do not do so immediately, this does not constitute a waiver of that right.
Mediation and liability
Contratista is a mediation platform. The agreement to carry out work is formed directly between the owner and the tradesperson; Contratista is not a party to it. Contratista is not liable for the quality, execution or any damage of the work performed by the tradesperson. The guarantee on the work — 12 months on labour, with parts under the manufacturer's warranty — is provided by the tradesperson and is the tradesperson's obligation. This contractual guarantee is in addition to, and never limits, the mandatory statutory guarantee (garantía legal) that applies where the owner acts as a consumer; that statutory guarantee may be broader or longer and, in that case, prevails.