BA Direto - The service
BA Direct is an online tool that provides a safe and convenient experience for local accommodation explorers in the electronic communication of their foreign guests' data to SEF - Aliens and Borders Service.
The communication of foreign guest data to the SEF is a legal obligation, punishable by large fines.
Your communication is done automatically by completing Accommodation Bulletins on the BA Direct platform.
BA Direct is the only platform available in the market exclusively dedicated to collecting and sending information from foreign guests to the SEF.
BA Direct provides its clients with a tool that enables them to comply with the law through a annual subscription.
After subscribing to the service, you can communicate foreign guest data to SEF in 3 ways:
1) Check in time, via any mobile device (mobile phone, tablet, pc, etc.) with internet access, you can fill out the Accommodation Report within minutes.
2) Send the Accommodation Report to the guest to fill out via the emailing.
In the link below you can see an example video of how it works:
3) Submit a link to the guest that is copied through the functionality ““Copy Link”". After this link is copied, simply paste in the booking platform talks (Booking, Airbnb, Homeaway, etc.) or send via Whatsapp or SMS.
You can learn more about our service and these 3 features in the help tutorial we offer our customers, here!
Refer to the terms and conditions of use of the BA Direct
THE base subscription of our service is from 45 € / year (+ VAT) and includes communication via 1 accommodation.
To add Extra Housing are 5 € / year (+ VAT) each.
To add Extra Accommodation Units to your base subscription, they must belong to the same operator.
That is, they will have to be SEF registered with the same TIN (Tax Identification Number) or NIPC (Legal Entity Identification Number).
In order to pay for your subscription, you can do so through reference.
BA Direct allows you to contain multiple accommodations in the same account.
For this, all Lodges must belong to the same operator.
If there are Housings of another operator, a new BA Direct account must be created for that entity.
To add Extra Accommodation Units to the base subscription, they must belong to the same operator.
That is, they must be registered with SEF with the same NIF or NIPC.
Yes. Support is included in the service. Contact us via email email@example.com, presenting your question.
Direct BA can be used on any device with internet access, from its smartphone, tablet and computer.
It only requires a current browser like Chrome, Firefox, Safari or Internet Explorer, with internet access.
To be eligible to report Hosting Bulletins via Direct BA, you must have selected, as a mode of sending the Bulletins, the option Web service.
SEF - Aliens and Borders Service
The communication is made by Bulletin of Accommodation, in electronic support, directly to the SEF - Aliens and Borders Service through tools that are properly prepared for this purpose.
Communication to the SEF is mandatory for "Companies operating hotel establishments, complementary means of tourist accommodation or tourist complexes, as well as all those who provide, for consideration, accommodation to foreign citizens".
This is article 16 of Law no. 23/2007 of July 4, altered by Law no. 102/2017 of August 28, which "Approves the legal regime of entry, stay, exit and removal of foreigners from the national territory."
The deadline for delivery of Accommodation Bulletins is three business days.
The term is counted for whole days from the date of the accommodation, regardless of the time at which the registration was made.
THE ALL citizens who do not have Portuguese identification. All citizens that are on the reservation and who do not have Portuguese identification must be communicated.
You can not host them if they do not give you the data of all the foreign guests of the reservation.
Try to make them aware that this is a legal obligation for their accommodation activity and not only in Portugal but also in several countries in Europe.
There are two types of penalties:
Penal sanctions: Articles 2 to 4 of article 183 of Law no. 23/07, of July 4, in its current version, state that those who favor or facilitate, in any way, the permanence of a foreign citizen in national territory, with lucrative intent , shall be punished with a term of imprisonment of 1 to 4 years, and if the acts are committed by maintaining the foreign citizen in inhuman or degrading conditions or endangering his life or causing him serious offense to physical integrity or death, the agent shall be punished with imprisonment from 2 to 8 years. In any case, the attempt is punishable.
In other words, the non-communication of accommodation can be a way to encourage the illegal stay of a foreign citizen and the prison sentence will be aggravated if, taking advantage of his vulnerability to the authorities, he maintains it in inhuman or degrading conditions or danger to your life or causing you serious harm to bodily harm or death. To this are added the following penalties:
Penalties: Article 203 of Law 23/2007, of July 4, in its current wording, says that, by not communicating the accommodation and / or the departure of a foreign citizen through Lodging Bulletin within the established time limit can be applied a fine of at least € 100.00 to € 2,000.00, depending on the number of infractions committed, which may be aggravated under the conditions provided for in the Framework Law on Counter-orders (Decree-Law no. 433/82, of 27 October and other amendments).
In any one of the situations (penal and contra-ordinational) it can still suffer accessory sanctions (loss of objects and other limitations).
The obligation to communicate is the owner of the house.
The lease is, as a rule, one onerous contract and, as such, Article 16 (1) and (2) of Law No 23/2007, as it stands, and paragraph 2 of the Convention implementing the Schengen Agreement ( CAAS), which are obliged to communicate the accommodation and departure of foreign nationals to those who provide housing, for consideration.
Article 45 (2) of the CISA speaks in "places exploited by those who carry out the activity of leasing professionally", that is, since there is a financial consideration in exchange for housing we have accommodation costly even if this activity occurs only occasionally.
So, yes, you must tell the SEF.
Yes. Communication to SEF is mandatory to "Companies exploring hotel establishments, complementary means of tourist accommodation or tourist complexes, as well as all those who provide, for consideration, accommodation to foreign nationals".
If the contrary does not result from the lease, the obligation to communicate accommodation becomes the lessee, that is, the landlord no longer has this responsibility.
That is, the sub-lease agreement is no longer established between landlord and tenant, but rather between tenant and sub-tenant (or sub-tenant) and consequently the landlord's reporting obligation is transferred to the tenant.
You must communicate the accommodation and departure of the foreign guests through Accommodation Bulletin, even if it is a seasonal lease.
Yes. You must inform the SEF of the presence of foreign guests, through Accommodation Bulletin, who rent rooms, fractions of the house the whole house, be apartment, villa, farmhouse or other.
It is not prohibited to rent a room, part of the house or a dwelling to a foreign citizen in an irregular situation in national territory.
However, you must always communicate the accommodation and departure of the foreign guests through the Accommodation Bulletin, even if you are aware that they are in an irregular situation in the national territory.
A Schengen visa allows transit or a planned stay in the territory of a Schengen total duration not exceeding 90 days for a period of 180 days (short-stay visa), also allows transit through the international transit zone of the Schengen States (airport transit visa).
As a general rule, the issued visa allows you to visit any of the Schengen States during the same journey, within the period of validity of the same.
A Schengen visa will not be adequate if it intends to remain in a Schengen State for more than 90 days, to take up employment, to set up a company or to engage in commercial or professional activity.
The Schengen area includes 26 countries without internal border controls.
In the following countries: Germany, Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Sweden and Switzerland.
These countries apply the common visa policy for short-stay visas.
The following countries are still known as "Schengen States".
Local Accommodation establishments are those that provide temporary accommodation services, in particular tourists, for remuneration, and which meet the requirements of the respective legal regime. (Decree-Law no. 128/2014, of August 29 amended by Law no. 62/2018, of August 22)
No licensing or authorization is required for you to operate a local accommodation facility. All you have to do is register the establishment on the National Registry of Local Accommodation. This is a quick and simple process that can be prior communication with deadline to Single Electronic Counter.
Before starting a property is indispensable to make the due registration the same. To do this, you must make a communication to the Single Electronic Counter, and then proceed to the declaration of the beginning of activity of providing accommodation services next to Tributary and customs authority.
In order to be able to legally operate a local accommodation establishment, you must always register in the RNAL, by means of a prior notice with a deadline Single Electronic Counter, as well as reporting all updates to it.
The prior communication with a deadline at the Single Electronic Counter does not necessarily have to be carried out by the owner of the holding, and may also be carried out by any person appointed by the same, provided that he presents the proper authorization to sign all the necessary documentation as representative of the holder.
This verification can be done through the National Registry of Local Accommodation, provided on the website of Turismo de Portugal.
Publicizing unregistered accommodation establishments constitutes a breach of Decree-Law no. 128/2014 of 29 August. Before advertising any type of accommodation you should always make sure that it is properly legalized.
According to article 4 of Law no. 62/2018, which provides for the provision of accommodation services, it is presumed that there is exploitation and intermediation of local accommodation establishments when a property or fraction thereof is furnished and equipped in this to the general public, in addition to sleeping, complementary services to the accommodation, namely cleaning, for periods of less than 30 days.
However, in order to refute the aforementioned, owners may, on presentation of an urban lease agreement duly registered with the finance department, lease their accommodation for a period exceeding 30 days.
According to the new Law no. 62/2018, the identification card is mandatory in all LA establishments, except in establishments registered with the "Home".
You can get them from any company that provides the product. However, it is important that the board exhibits all the characteristics required by law, which can be consulted in Decree-Law no. 128/2014 of 29 August.
In the context of the recent approval of the amendments to the Local Accommodation Law, It is mandatory that Local Accommodation establishments have an "Information Book" on the functioning of the establishment and its rules of internal use.
This Information Book should be made available in four languages, Portuguese and English, and in at least two other foreign languages.
If you want to rent a house to tourists, the truth is that you have to take care of security.
Some of the things you have to have are:
- Extinguisher, if possible 6 kg, and fire blanket;
- First aid equipment;
- Display of the emergency number (112) visible;
- Have a complaints book (it is acquired in the National Press Mint).
The State Budget for 2019 amended Decree-Law No. 128/2014, which approves the legal regime for the operation of Local Accommodation establishments, and it is defined that non-contractual civil liability insurance which guarantees the property and non-property damage caused to guests and third parties resulting from the activity of providing lodging services.
In the case of the establishment of local accommodation integrated in a horizontally owned building, the holder of the holding is also obliged to enter into a insurance contract that guarantees damages directly caused by fire in or from the accommodation unit.
Yes, regardless of the modality of accommodation, being compulsory in physical format and in digital format. The complaints book should be in accordance with the rules established in Decree-Law no. 156/2005, of September 15.
According to instructions from the Directorate-General for Health, a first-aid box must be marked with an appropriate sign, with a white cross on a green background, and its content should at least consist of the following:
• Compresses of different dimensions;
• Fast dressings;
• Adhesive roll;
• Non-elastic bandage;
• Antiseptic solution (single dose);
• Ethyl alcohol 70% (single dose);
• Saline; (unidose);
• Blunt point scissors;
• Latex disposable gloves.
It is further noted that, in addition to the foregoing content, it would be desirable for the workplaces to have a thermal blanket and a thermal ice bag.
The interdiction may be determined by the ASAE if it is established that the does not meet all the conditions stipulated by law to operate as an accommodation establishment.
Temporary lease can be carried out by entering into an urban lease, which is intended to allow the rental of a property on a temporary basis, as is the case of guests looking for a holiday rental. In the local accommodation, on the other hand, besides the rental, there is also the provision of accommodation services, as is the case of cleaning and reception. In this case, according to Decree-Law no. 128/2014, it is mandatory to register the property as local accommodation.
However, in any case it is mandatory to notify the SEF if you receive foreign guests.