Many holiday rental owners in Marbella and surrounding areas such as Elviria, Cabopino, Río Real, El Rosario, Nueva Andalucía and San Pedro de Alcántara believe that booking platforms automatically protect them in case of accidents, damages or legal claims. Unfortunately, this is not true.
In Spain, the legal responsibility for what happens inside the property always remains with the owner, even when bookings come through Airbnb, Booking.com or other platforms.
The property owner is legally responsible for guest safety, property conditions and damage caused to third parties. This responsibility remains even if the property is managed by an agency or listed on booking platforms.
For this reason, proper insurance coverage is essential for all holiday rental properties in Spain.
Without the correct insurance and liability coverage, a single incident can result in:
Expensive compensation claims
Legal proceedings
Property damage not fully covered
Long-term financial consequences
Understanding your legal exposure and having the right protection in place is essential for operating a holiday rental safely and sustainably in Marbella.
Spanish law considers the property owner responsible for:
Guest safety inside the property
Structural conditions
Fire and accident prevention
Damage caused to neighbours
Even if you use a management company or booking platform, the owner remains legally accountable in most cases. This includes damage affecting neighbouring properties, which is especially relevant in apartment buildings and dense residential areas such as El Rosario, Nueva Andalucía and San Pedro de Alcántara.
This is why insurance coverage must be adapted specifically to short-term rental activity, not standard residential use.
Many owners rely on regular home insurance policies that are designed for private residential use.
These policies often:
Exclude commercial or rental activity
Limit coverage when guests are present
Exclude liability towards paying guests
As a result, incidents occurring during a guest stay may not be fully covered, leaving owners personally liable for damages or injuries.
In most cases, no. Standard home insurance policies are designed for private residential use and often exclude liability related to paying guests or short-term rental activity.
Owners should always confirm that their policy explicitly allows tourist or short-term rental use.
To operate safely, owners should consider:
Covers claims if a guest or third party is injured in the property, for example due to:
Slips and falls
Faulty installations
Fire incidents
This is one of the most important protections for holiday rentals.
Covers damage caused by:
Guests
Accidents
Weather events
However, coverage conditions vary, and not all guest-related incidents are automatically included.
Helps cover:
Legal defence costs
Claims management
Dispute resolution
This can be crucial if neighbours, communities or guests take legal action.
Platforms like Airbnb offer certain protection programs, but these:
Are not insurance policies
Have strict eligibility conditions
Do not cover all types of incidents
Do not replace professional insurance
Relying solely on platform protection can leave owners exposed to risks that only proper insurance policies cover.
Professional holiday rental management adds several layers of protection, including:
Safety compliance checks
Proper guest screening
Incident reporting procedures
Documentation for insurance claims
At Pass the Keys Marbella, we work with owners to ensure:
Insurance policies are suitable for holiday rental use
Safety standards are maintained
Any incidents are documented correctly and immediately
This significantly improves the owner’s position if a claim occurs.
No. Even with professional management, the owner remains legally responsible and must hold appropriate insurance. Management reduces risk by enforcing safety procedures and documentation, but it does not replace the owner’s legal liability.
Insurance and professional management work together to protect the owner effectively.
Claims may arise from:
Water leaks affecting neighbouring apartments
Electrical faults causing damage
Guest injuries on terraces or staircases
Fire incidents caused by appliances
Without adequate insurance, owners may be required to cover repair costs and compensation personally.
These situations are rare, but when they happen, they are financially serious.
These incidents can occur in villas as well as apartments, whether in coastal zones like Cabopino and Río Real or in residential neighbourhoods such as Elviria and Nueva Andalucía.
As regulations, property usage and rental patterns change, insurance policies should be reviewed to ensure they still match:
Rental activity levels
Property upgrades or renovations
Changes in legal requirements
What was sufficient two years ago may no longer offer adequate protection today.
Not sure if your insurance coverage is suitable for holiday rental activity in Marbella or surrounding areas? Our local team can help you understand what protection is recommended and how professional management supports safer and more compliant rental operations.
👉 Book a free property risk and compliance review call here:
https://calendly.com/ana-torrens-passthekeys
Protect your investment, your income and your peace of mind.