# The contract with the manager: the 10 clauses it must have and the 3 you should not sign

> Commission and calculation base, statements, ownership of listings and licence, own use, expenses, insurance, duration and exit. And what you should not accept: long lock-in, exclusive listings without transfer and expenses without invoices.
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> Topic: The manager · Reviewed: 2026-09-22 · URL: https://mipisoturistico.app/en/guides/the-management-contract-10-clauses-it-must-have-and-3-you-should-not-sign
> Published by Mi Piso Turístico (Torremolinos Gestión Vacacional), a holiday-rental management company on the Costa del Sol.

**Short answer:** the management contract is, as well as an agreement between you and the manager, **the document the Junta de Andalucía asks for** so the manager can appear as holder of the operation. It has to make clear **how much they charge and on what**, **when and how they pay you**, **whose name listings and licence are in**, **which days you can use the flat**, **which expenses are charged separately and how**, **what insurance each party has** and **how it ends**. And it should not have a long lock-in, exclusive listings without a transfer commitment or expenses without invoices.

## The 10 essential clauses

1. **Object and property**: address, cadastral reference, places, which services the management includes (full list) and which it does not.
2. **Commission and calculation base**: the percentage, on what amount (gross, net after the platform, with or without cleaning) and VAT separately. With a numerical example in the contract itself.
3. **Statements**: frequency (monthly is normal), payment date, content (bookings, gross amounts, platform commissions, cleanings, expenses, manager's commission, net) and access to booking data.
4. **Ownership of listings and accounts**: whose name Booking, Airbnb and the rest are in, who collects from the platform and what happens to the listings if the contract ends (transfer or not).
5. **Licence**: who appears as holder of the operation with the Junta, who processes the registration or the change of holder, and a commitment to communicate the change back if the contract ends.
6. **Owner's own use**: how many days a year, how much notice, whether there is a limit in high season and whether those days pay for cleaning.
7. **Expenses**: what is charged separately (repairs, materials, purchases), up to what limit without authorisation (for example, €150) and always with the supplier's invoice.
8. **Prices**: who sets them; whether the owner can set a minimum.
9. **Insurance and liabilities**: the manager declares their public liability insurance; the owner keeps the flat's insurance with tourist use declared; who is liable for what.
10. **Duration and exit**: no lock-in or a short notice period (30-60 days), no penalty, and what happens to bookings already confirmed for after the exit (they are honoured or transferred).

## The 3 you should not sign

1. **Long lock-in with a penalty** (a year or more, with a fine for leaving). A good manager keeps you through their work, not through the contract.
2. **Listings exclusively in the manager's name without a transfer clause**: if you leave, you leave without reviews or history.
3. **Lump-sum expenses or expenses without invoices**: a fixed monthly maintenance fee or charges without receipts are the door to paying for what has not been done.

## What else should it say?

- Data protection: the manager processes guests' data on your behalf and yours as a client.
- How a serious incident is communicated (damage, complaint, inspection).
- That the manager complies with traveller registration and the Junta's obligations on your behalf.
- Which language and which contact channel are used for the relationship (email, dashboard, WhatsApp).

## Do you need a notary?

No. It is a private contract signed by both parties (electronic signature is fine). The Junta asks for a copy with its period of validity for the change of holder. Keep it with the nota simple and the licence resolution.

## What if I already have one signed that does not meet this?

Read it with these ten clauses next to it. The most common gaps are the calculation base, the listings clause and the own-use clause. You can ask for an addendum; a reasonable manager signs it. If they refuse, you already know something important. We cover it in [How to change manager](/guias/cambiar-de-gestor).

## Sources

- [Junta de Andalucía: the management contract as the legal title entitling registration with the Tourism Registry (FAQ, in Spanish)](https://www.juntadeandalucia.es/organismos/turismojusticiadesregulacionyadministracionlocal/areas/turismo/registro-turismo/establecimientos-servicios/paginas/faq-viviendas-turismo.html)