1. Introduction
Welcome to Aluxe. By accessing or using the Aluxe platform, you agree to these Terms & Conditions, which govern your relationship with Aluxe Ltd. This document outlines how the platform operates, the responsibilities of each party, and the standards required to ensure a safe, transparent, and seamless experience for all Users, Hosts, Guests, and Service Providers.
2. Definitions
For clarity:
3. Nature of the Platform
The Platform functions as a digital marketplace that connects Guests with Hosts and Service Providers.
β’Aluxe does not own or manage the properties listed unless explicitly stated in writing.
β’Hosts control their Listings, pricing, rules, and availability.
β’Guests contract directly with Hosts or Service Providers when making a booking.
β’Service Providers operate independently and are solely responsible for the services they deliver.
β’Aluxe facilitates communication, discovery, and transactions but is not a party to individual accommodation or service agreements.
4. User Accounts
To access the Platform, Users must:
- Provide accurate and up-to-date registration information
- Be at least 18 years old or legally recognized as an adult
- Maintain security of their login credentials
Aluxe may suspend or terminate accounts that violate these Terms, compromise safety, or misuse the Platform.
5. Listings, Property Standards & Responsibilities
Host Responsibilities
Hosts agree to:
- βProvide accurate, complete, and honest details about their property
- βUpload photographs and media that represent the property truthfully
- βMaintain the accommodation in safe, clean, and habitable condition
- βComply with all applicable laws regarding licensing, zoning, taxation, health, and safety
- βHonour confirmed bookings except as allowed by a Host cancellation policy
- βRespond promptly to Guests and address reasonable concerns
Hosts confirm they are legally authorized to offer the accommodation.
Guest Responsibilities
Guests agree to:
- βProvide accurate details when booking
- βRespect property rules, neighbors, and the Host's instructions
- βUse the property responsibly and avoid causing damage
- βReport issues promptly
- βTake financial responsibility for any damages or violations arising during their stay
Service Provider Responsibilities
Service Providers agree to:
- βDeliver services professionally and safely
- βPossess any required licenses, insurance, or permits
- βTake full responsibility for their conduct and outcomes
- βIndemnify Aluxe from claims related to their services
6. Payments, Fees & Taxes
- β’Payments may be processed through Aluxe or directly to Hosts or Service Providers.
- β’All applicable fees, commissions, or charges will be displayed prior to booking.
- β’Pricing may vary based on factors such as demand, season, or location.
- β’Guests agree to pay the total amount presented at checkout.
- β’Hosts and Service Providers are responsible for reporting and paying any applicable taxes, including income tax, VAT, or occupancy taxes.
7. Cancellations, Modifications & Refunds
Cancellations, booking changes, and refunds are governed by the Aluxe Refund & Cancellation Policy.
Refund eligibility depends on the cancellation policy assigned to the Listing.
Refunds will only be issued where permitted under that policy or required by law.
8. Acceptable Use
Users agree not to:
- βProvide false, inaccurate, or misleading information
- βViolate any laws or third-party rights
- βHarass, harm, or discriminate against others
- βDamage property or disrupt other Users
- βManipulate reviews, ratings, or Platform systems
- βCircumvent fees or conduct off-platform transactions intended to avoid Aluxe's processes
- βUpload content that is illegal, offensive, or harmful
- βInterfere with the Platform's security or operations
Aluxe may remove content, restrict accounts, or take legal action if these Terms are violated.
9. Limitation of Liability
To the maximum extent allowed by law:
- β’Aluxe does not guarantee the accuracy, legality, safety, or condition of any Listing
- β’Aluxe is not responsible for actions, omissions, or conduct of Hosts, Guests, or Service Providers
- β’Aluxe is not liable for indirect, incidental, or consequential damages
- β’Aluxe's total liability is limited to the service fees paid by the User for the specific transaction giving rise to the claim
Users agree to indemnify and hold Aluxe harmless from claims arising from their actions or violations of these Terms.
10. Intellectual Property
All technology, design, trademarks, branding, and materials on the Platform belong to Aluxe.
Users may not reproduce, copy, distribute, or exploit Platform content without written consent.
Users who upload Content grant Aluxe a global, royalty-free license to use, publish, and display that Content for operational and promotional purposes.
11. Privacy & Data Handling
Aluxe handles personal data in accordance with:
- The Kenya Data Protection Act (2019)
- Global data protection principles
Users consent to the collection, processing, and storage of their personal information as described in the Aluxe Privacy Policy.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of Kenya.
Disputes that cannot be resolved through direct communication will be referred to mediation or arbitration under the Chartered Institute of Arbitrators (Kenya Branch).
For international Users, globally recognized dispute-resolution standards may be applied where appropriate.
13. Additional Provisions
- β’These Terms, along with referenced policies, form the complete agreement between Users and Aluxe.
- β’If any provision is found invalid, the remainder stays in effect.
- β’Failure by Aluxe to enforce any right does not constitute a waiver.
- β’Aluxe is not responsible for delays caused by events beyond reasonable control, including natural events, strikes, or government actions.
- β’Users may not transfer rights or obligations under these Terms without prior written approval. Aluxe may assign its rights where necessary.