Privacy Policy

This document consolidates and organizes the terms applicable to short-term rentals (Part B), real-estate sales intermediation (Part C), and long-term residential leases (Part D), replacing previous versions. Parts A–D have their own numbering and operate independently from each other.

 

PART A — GENERAL TERMS (APPLICABLE TO ALL MODALITIES)

 

1. Definitions

Guest: person who books and/or contracts short-term rental Services on the Website.
Tenant: individual or legal entity contracting a long-term residential lease.
Owner: owner of the property offered.
WhereInRio or Company: WhereInRio Imobiliária LTDA, Rua Farme de Amoedo, 80 B, Ipanema, Rio de Janeiro/RJ, CNPJ 12.301.766/0001-95, CRECI J 6820.
Service(s): short-term rental services, long-term leases and related intermediation services.
Website: the official WhereInRio website (and related pages) communicated by the Company.
Terms: this instrument, periodically updated.

 

2. Agency and Representation

WhereInRio acts as an intermediary and representative of the Owners, always in their best interest, without assuming the role of lessor unless expressly stated otherwise in the specific instrument.

 

3. Listings, Prices and Errors/Omissions

Information displayed on the Website and partner channels is deemed accurate but may contain errors/omissions. It is the interested party’s responsibility to verify description, photos, location, amenities, and suitability of the property before contracting. Weekend, holiday, and event-period rates may be higher.

 

4. Currency, Exchange Rates and Taxes

The base currency is the Brazilian Real (BRL). Quotes displayed in other currencies are for reference only. Conversions, when applicable, will use the PTAX selling rate published by the Central Bank of Brazil on the business day prior to the charge (or equivalent official source), and may include payment-method fees. Taxes applicable to services/leases will be added pursuant to current legislation.

 

5. Privacy and Data Protection (LGPD)

WhereInRio processes personal data for booking, contractual performance, customer support, security, fraud/AML prevention, and compliance with legal/regulatory obligations. Data may be shared with Owners, essential service providers (cleaning/maintenance), condominium administrations (access/registration), insurers, payment institutions and authorities.
Roles: WhereInRio acts as Controller for service, booking and AML purposes; and as Processor when acting on behalf of the Owner, when applicable.
International transfers: when they occur, they will follow applicable legal grounds and safeguards.
Data subject rights: may be exercised through the channels indicated in the Privacy Policy, which is incorporated herein by reference (legal bases, retention periods and security measures are in the Policy).
DPO: contact email indicated in the Privacy Policy.

 

6. Force Majeure

The Company is not liable, and no compensation is due, when performance is prevented/affected by events beyond reasonable control (e.g., war, civil unrest, terrorism, strikes, natural or nuclear disasters, adverse weather, fire or similar events).

 

7. Governing Law and Jurisdiction

Brazilian law applies. The courts of Rio de Janeiro/RJ are elected, without prejudice to the consumer’s right to choose the courts of their domicile, when applicable.

 

PART B — SHORT-TERM RENTALS (UP TO 90 DAYS)

 

1. Use and Conduct Rules

1.1 Maximum occupancy: must be strictly observed; exceeding it may result in immediate eviction, without refund, and with retention of the security deposit.
1.2 Parties/events/gatherings: not permitted.
1.3 Noise/silence: follow condominium rules.
1.4 No smoking: prohibited indoors; cleaning/deodorization penalties may apply.
1.5 Condominium and identification: full compliance with rules; official ID with photo for all occupants may be required before check-in and/or by the condominium.

 

2. Minimum Stays

2.1 Standard minimum: 3 nights for advance bookings for all properties.
2.2 Peak seasons/events (e.g., New Year’s Eve, Carnival): some properties may require longer minimums—see the listing page.
2.3 Advance bookings of 1 or 2 nights: charged as 3 nights.
2.4 Exceptions: at WhereInRio’s sole discretion.

 

3. Booking Process

3.1 After booking, the Guest will receive a confirmation email and, separately, the “Reservation Confirmation – Rental Agreement and Policies.”
3.2 Contract signing: within 3 days of booking; within 24h if arrival is in less than 15 days.
3.3 The Guest receives property information and communication channels with WhereInRio.

 

4. Payment

4.1 Deposit (non-refundable): 50% upon booking request, which blocks the calendar.
4.2 Balance: (a) standard periods: remaining 50% on or before check-in; (b) peak weeks: remaining 50% up to 30 days before check-in.
4.3 Key access: only after full payment.
4.4 Cancellation before balance: deposit remains non-refundable (see Cancellation Policy).
4.5 Payment methods: PIX, Visa, Mastercard, American Express (may incur surcharge, notified in advance), and bank transfer/cash. Bank fees may apply (up to USD 80).
4.6 Price differentiation by payment method/term (Law 13.455/2017): may apply and will be disclosed in advance.

 

5. Guest Service Fee

Amount: R$ 200 (non-refundable), payable at booking; includes 24/7 support, screening/registration, “lock-out” support outside business hours and Wi-Fi access. Not charged if the right of withdrawal under Consumer Law art. 49 is exercised and services have not begun.

 

6. Security Deposit

6.1 Required for all bookings (amount varies by property and group profile).
6.2 Pre-authorized on Visa/Mastercard and released up to 14 days after checkout, minus any charges; for long stays, pre-authorization may be renewed.
6.3 Charges for damages, missing items, excessive cleaning or extra services may be applied; if insufficient, the Guest must pay the difference.
6.4 A valid credit card must be maintained throughout the stay.

 

7. Check-in, Check-out and Fees

Check-in: 3:00 pm–6:00 pm
Check-out: 8:00 am–10:00 am (strict)

Fees:
7.1 Overstay after 10:00 am: 50% of the daily rate.
7.2 Overstay after 3:00 pm: 100% of the daily rate.
7.3 Early check-in / Late check-out: subject to availability and approval by 6:00 pm the day before — half-day rate.
7.4 Check-ins/outs outside business hours, weekends and holidays (before 8:00 am or after 6:00 pm, or on weekends/holidays): R$ 200 per occurrence.
Notes: (i) for arrivals before 3:00 pm, the Guest may leave luggage at the Company’s office (address provided in the Contract); (ii) if prior booking purchases early/late, adjustments may occur—Company will inform before confirming.
Overstay fees do not constitute a new rental day and serve to cover operational unavailability and related costs.

 

8. Cleaning and Linen

8.1 Includes 1 weekly cleaning per booking (some properties may include extras, specified in the Contract).
8.2 Linen: sheets per bed, 1 bath towel and 1 hand towel per person, and hand towel(s) in each bathroom.
8.3 Laundry: weekly towel/linen change. Extra changes: use of washer (if available) or paid laundry.
8.4 Beach towels not provided.

 

9. Pet Policy (Short-Term)

9.1 Accepted only with prior written approval. Provide species, breed and weight.
9.2 A non-refundable fee and/or additional deposit may apply.
9.3 Rules: supervision; no pets on sofas/bedding; pick up waste; avoid persistent noise.
9.4 Extra cleaning/damages caused by pets will be charged. Authorization may be revoked for non-compliance.
9.5 Condominiums may impose their own rules and may prohibit pets regardless of WhereInRio’s approval.

 

10. Inspection and Inventory

An inventory and/or photographic record will be provided at check-in. Any inconsistencies must be reported within 24 hours. At checkout, an inspection may occur; damages beyond normal wear will be charged. Keys/cards not returned: replacement cost charged.

 

11. No Subletting or Commercial Use

Subletting, assignment, public listing or use of the property for commercial purposes (including professional filming/photography) is prohibited without prior written authorization.

 

12. Cancellation and Refund Policy (Short-Term)

12.1 Confirmation and calendar block: requires 50% deposit.
12.2 Right of withdrawal (Consumer Law art. 49): for bookings completed online/off-premises, cancellation within 7 calendar days after payment, with full refund. The Service Fee will not be charged if services have not yet begun.
12.3 After the 7-day period: 50% deposit is non-refundable.
12.4 Conditional reallocation: WhereInRio will use best efforts to rebook the period. If fully rebooked at the same price, the Guest will receive a proportional refund of the amount effectively recovered, minus a 10% cancellation fee over the total booking. Partial rebooking results in a proportional refund. If not rebooked: no refund.
12.5 Non-refundable items: the Service Fee (R$ 200) becomes non-refundable after the art. 49 period. Cancellations must be in writing (email or platform); the received date prevails.
12.6 No-show: follows this Policy.
12.7 Chargeback: after service provision or contrary to these Terms, amounts remain due and may be collected.
12.8 Formula:
Refund = (Rebooked Amount ÷ Total Price) × Amount Paid – (10% × Total Price).
(Limited to the amount paid; Contract prevails if more specific.)

 

PART C — REAL-ESTATE SALES INTERMEDIATION

 

1. Scope

WhereInRio acts as intermediary/broker between Seller and Buyer under the Civil Code and Cofeci-Creci rules. Intermediation may be exclusive or non-exclusive per specific instrument.

 

2. Mandate, Listing and Marketing

Seller authorizes listing, marketing and dissemination of the property across owned and partner channels, using texts/photos/videos/plans supplied or produced by the Company. Seller declares ownership of the necessary rights and accuracy of information.

 

3. Brokerage Commission

3.1 Rate and trigger: 5% of total sale price, due upon written acceptance of offer (bilateral commitment) or upon signing—whichever occurs first—unless otherwise agreed, and considering applicable regional tables.
3.2 Payment: unless otherwise agreed, due upon signing (or upon down-payment).
3.3 Fault-based withdrawal: if the sale fails due to Seller’s/Buyer’s fault after acceptance, the commission remains due.
3.4 Direct buyer: parallel intermediation to circumvent commission is prohibited; clients introduced by WhereInRio generate commission rights if sale occurs within 180 days of last presentation/visit.

 

4. Exclusivity (when applicable)

During the exclusivity period, the Seller may not negotiate directly or via third parties without WhereInRio. If sold in such conditions, full commission is due.

 

5. Visits and Offers

Visits scheduled by WhereInRio. Offers must be formalized in writing (email/platform), identifying the proposer and including price, deadlines and conditions. Seller must respond within a reasonable timeframe.

 

6. Deposit/Arras and Instruments

Value, nature (confirmatory/penitential) and effects will be defined in the proposal/instrument. Sale may be formalized by Public Deed or Private Instrument (e.g., with fiduciary alienation), per law/financier.

 

7. Documentation and Due Diligence

7.1 From Seller: updated title deed, personal documents, court/tax certificates, condominium/tax compliance, approved plans/occupancy permit (when applicable) and others.
7.2 From Property: Buyer must verify certificates and encumbrances and may hire independent counsel. WhereInRio is not liable for property irregularities or those of owners.
7.3 Observance of registration-based information concentration and related rules.

 

8. Conditions Precedent and Financing

Operations dependent on financing, lien removal, condominium approval or other conditions will be treated as conditions precedent. Deadlines and documents will be included in the instrument. If unmet without fault, parties are restored as agreed.

 

9. Price, Currency and Taxes

Price expressed in BRL. Any reference to foreign currency is informational; payments occur in BRL. Conversions may use the PTAX selling rate from the previous business day, plus payment fees. Unless otherwise agreed: (i) Buyer: transfer tax (ITBI), deed/registration, financing/escrow fees; (ii) Seller: capital-gains tax and pre-sale regularization costs; (iii) Condominium/taxes: apportioned until possession/key-handover.

 

10. Closing, Escrow and Payments

Parties may use escrow for conditional release of funds. Key delivery occurs after payment clearance under the agreed schedule and signing of applicable instruments.

 

11. Compliance (AML/CFT)

WhereInRio may conduct AML/KYC checks, request proof of lawful source of funds, and refuse transactions in case of inconsistencies. Data processing follows LGPD provisions.

 

12. Warranties and Property Condition

Sale is ad corpus (unless otherwise stated), in the condition observed during viewings/inspections. Apparent defects must be raised before signing; hidden defects follow legal rules.

 

13. Confidentiality and Non-Solicitation

Information, offers and commercial terms are confidential. Direct contact with property owners/prospects introduced by WhereInRio to avoid intermediation is prohibited and subject to commission and damages.

 

14. Termination/Resolution

Upon breach: (a) the non-breaching party may consider the deal terminated, with penalties/arras as applicable; (b) commission remains due per clause 3.3; (c) refunds/retentions follow the arras and conditions precedent agreed.

 

PART D — LONG-TERM RESIDENTIAL LEASES (MORE THAN 90 DAYS)

 

1. Scope, Parties and Representation

Applies to leases governed by Law 8.245/1991 and the Civil Code, without prejudice to the General Terms. Lessor: Owner (or agent). Tenant: contracting party. WhereInRio acts as intermediary/broker unless expressly named as Lessor.

 

2. Term, Renewal and Notices

2.1 Recommended term: 30 months.
2.2 Automatic renewal: absence of notice at the end of term results in indefinite renewal under same conditions.
2.3 Notices: per law, parties may terminate with 30-day notice when legally permitted.

 

3. Rent, Charges and Payment

3.1 Due date (standard): rent due on the 30th of each month, with tolerance until the 5th of the following month. When the month has no “30th,” the next business day applies. This is a reference parameter and may be adjusted contractually. Payment by deposit/transfer, card or boleto.
3.2 Tenant’s charges: water, sewage, gas, electricity, telecom, IPTU/TLP (when agreed), garbage fees and ordinary condo fees.
3.3 Lessor’s charges: extraordinary condo fees (structural works, capital fund, innovations, indemnities) and condo insurance premiums.
3.4 Fire insurance: property must maintain fire insurance; responsible party (Tenant/Lessor) to be defined in Contract.

 

4. Rent Adjustment and Review

4.1 Annual adjustment: every 12 months by the index defined in the Contract (IPCA/IBGE, IPC or IGP-M).
4.2 Review: amicable/judicial in case of market imbalance.

 

5. Lease Guarantees

One of the following is required: (a) Cash deposit (up to 3 rents); (b) Guarantor; (c) Rental insurance; (d) Capitalization bond. Specific rules in Contract/Guarantee Term.

 

6. Default and Late Payment

6.1 Late fee: 2% on overdue installments.
6.2 Interest: 1% per month, pro rata.
6.3 Collection: protest/credit reporting may occur after notice.
6.4 Non-payment: eviction and enforcement of guarantees permitted per Law 8.245/1991.

 

7. Early Termination Penalty

If a party causes termination during a fixed term, a proportional penalty applies based on remaining time, per art. 4 of Law 8.245/1991 (formula and base amount in Contract).

 

8. Use, Maintenance and Inspections

8.1 Purpose: exclusive residential use by authorized occupants.
8.2 Inspections: entry and exit inspection reports form part of the Contract.
8.3 Maintenance: Tenant must keep the property clean and in good condition, performing minor repairs. Damages beyond normal wear will be charged.
8.4 Communication: hidden defects must be reported within 15 days of key handover.

 

9. Works and Improvements

9.1 Urgent/necessary: notify Lessor; reimbursement if proven and authorized as required by law.
9.2 Useful/voluptuary: require prior written authorization; unless agreed otherwise, not compensable and do not grant retention rights.
9.3 Final painting: when agreed, property must be returned in original pattern (color/quality) per entry inspection; painting fee applies only when contractually stated and technically justified.

 

10. Condominium and Internal Rules

Full compliance with bylaws and internal regulations (noise, pets, common areas, resident/vehicle registration). Fines arising from Tenant’s conduct are the Tenant’s responsibility.

11. Subletting, Assignment and Short-Term Rentals

Subletting/assignment, in whole or in part, and public short-term rental listings (e.g., platforms) are prohibited without prior written authorization of the Lessor/WhereInRio.

 

12. Pets (Long-Term)

Permitted with prior written approval, subject to condominium rules and the general Pet Policy. Damages/extra cleaning charged to Tenant.

 

13. Access to the Property

13.1 Inspections/maintenance: technical visits with at least 48h notice during business hours, except emergencies.
13.2 Sale of the property: buyer visits allowed with 48h notice, respecting reasonableness and privacy.

 

14. Handover and Return of Keys

14.1 Delivery: after signing and payment of initial guarantees.
14.2 Return: property must be vacated, clean, with all accounts paid, and return of keys/tags/remotes and receipts (water, electricity, gas).

 

15. Regularity (Property Taxes, Licenses and Use)

Lessor declares the property is legally compliant for residential use. Pre-existing issues must be resolved by Lessor unless caused by Tenant.

 

16. Communications and Notices

Valid via email indicated in Contract and/or platform. Considered received within 24 hours unless proven otherwise. Parties must maintain updated email addresses. Deadlines counted in calendar days unless otherwise required by law.

 

17. Specific Penalties

Infractions include: non-residential use; overcrowding; repeated disturbances; unauthorized structural changes; recurrent late payment. May result in contractual penalties (fixed amount or multiples of rent) and, in severe/repeated cases, termination.