Regulating Airbnb in Portugal (Journal of European Consumer and Market Law, 2018)

  • Regulating Airbnb in Portugal

  • By Jorge Morais Carvalho and Pedro Policarpo. Published in Journal of European Consumer and Market Law, Volume 7, Issue 6, in 2018.

  • Summary:

    • All over Europe, the states are dealing with the ways to regulate new business models and platforms providing short-term rental possibilities, such as Airbnb.

    • In doing so, one needs to reflect on the issues such as fair competition, consumer protection, safety laws, sustainable development, gentrification, and make sure that the regulations comply with national laws and EU legislation.

    • In Portugal, tourism has grown exponentially in recent years, especially in Lisbon, Porto and Algarve, which has created a lot of pressure on the local markets - especially the housing market.

    • Local accommodation (“Alojamento Local– AL”) is a relatively recent legal concept, first introduced in 2008 (Decree-Law 39/2008), which has seen its relevance grow exponentially over the last few years. It is closely linked to digital platforms such as Airbnb and Booking.

    • "The AL contract is the onerous contract entered into by the operator of the AL and the client for the provision of temporary accommodation services. It is a short-term rental contract."

    • The paper further explores the definition and implications of such contracts and regulations of short-term rental hosts.

  • Keywords: EU, European Union, Airbnb, Portugal, European law, European consumer, short-term rentals, short-term contract, Booking

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