Terms and conditions
Aluguest.com operates under the legal name of ALUGUEST LLC, a company duly inscribed in accordance to the laws of the Oriental Republic of Uruguay, with legal address in 112 Capitol Trail, Newark, DE, USA.
AluGuest.com provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations, which Services are accessible at http://www.aluGuest.com, as well as a payment system built up to secure the users. The hosts can create lists of accommodations that they offer and the guests can receive information about them and book them directly with the hosts. By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, and its services, and constitute a binding legal agreement between you and AluGuest.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
YOU UNDERSTAND AND AGREE THAT ALUGUEST IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOT IS ALUGUEST A REAL ESTATE BROKER, AGENT OR INSURER. ALUGUEST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALLLIABILITY IN THIS REGARD.
AluGuest reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the bottom of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Aluguest.com helps promote and publish the units for rental, as well as, the collecting of payments from legal or real persons, with the intention of concluding a rental agreement between them. To be registered is completely free, however, some of the services provided have a fee or be subject to a commission. Every service that is affected by a fee or subject to a commission are clearly detailed and explained together with the service offered.
AluGuest makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. AluGuest is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and AluGuest does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. AluGuest 's responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
In order to access certain features of the Site and to book an Accommodation or create a Listing, you must register to create an account and become a Member.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are 18 or older.
Every user of Aluguest should guarantee that he is a person of legal age and and with legal capability to conclude contracts according to the laws for the country where he resides, with the end of providing full validation to each one of the aspects of the Terms and Conditions.
Aluguest reserves the right to terminate or suspend any user's account in AluGuest.com and his access to the site and services, if he created more than (1) one account in AluGuest or if the information provided during the process of registering or later proved to be not accurate, dishonest, out dated. You are responsible for keeping your own password secret. You accept that you won't disclose your password to a third party person and accept the exclusive responsibility of any action or activity in our own account, whether you have authorized or not those actions. You should report to AluGuest any unauthorized use of your AluGuest account.
Aluguest does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from AluGuest with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
Bookings and Financial Terms of the hosts:
If you are a Host and a booking is requested for your Accommodation via the Site or Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by AluGuest in its sole discretion) or the booking request will be automatically cancelled.
The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees. Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not Aluguest which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion.
AluGuest charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “Guest Fees”. The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. AluGuest will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation.
Appointment of AluGuest as Payment Agent for Host:
Each Host hereby appoints AluGuest as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to AluGuest shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, AluGuest may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, AluGuest assumes no liability for any acts or omissions of the Host.
Bookings and Financial Terms for Guests:
The Hosts are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site or Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not AluGuest, will be responsible for performing the obligations of any such agreements, that AluGuest is not a party to such agreements, and that, with the exception of its payment obligations hereunder, AluGuest disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that AluGuest is not a party to the agreement between you and the Host, AluGuest acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to AluGuest which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and AluGuest is responsible for remitting such amounts, less AluGuest 's Host Fees, to the Host. In the event that AluGuest does not remit any such amounts to a Host, such Host will have recourse only against AluGuest.
If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Aluguest will be refunded to such Guest, depending on the selections the Guest makes via the Site, and any pre-authorization of such Guest’s credit card will be released, if applicable.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to AluGuest or its third party payment processor. You agree to pay AluGuest for any confirmed bookings made in connection with your AluGuest Account in accordance with these Terms by one of the methods described on the Site– e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by AluGuest or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
In consideration for providing the Services, AluGuest collects service fees from Hosts and Guests . Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees . Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by AluGuest to Hosts via check, PayPal, direct deposit or other payment methods described on the Site, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Services. Please note that for any payments by AluGuest in currencies other than U.S. dollars, AluGuest may deduct foreign currency processing costs from such payments.
General Booking Terms
Cancellations and Refunds:
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, AluGuest will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.
The cancelation policies stipulated in the site, that each user should choose from are the following:
*Note: In all cases the user has 15 day money back guarantee since the payment becomes effective.
Cancellation Policy: Flexible
Full refund 1 day prior to arrival, except fees. The aluGuest service fee is non-refundable. A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > My Trips > Change or Cancel.
Cancellation Policy: Moderate
Full refund 5 days prior to arrival, except fees. The aluGuest service fee is non-refundable. A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > My Trips > Change or Cancel.
Cancellation Policy: Strict
50% refund up until 1 week prior to arrival, except fees. The aluGuest service fee is non-refundable. A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > My Trips > Change or Cancel.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. AluGuest does not offer Tax-related advice to any Members of the Site, and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Oriental Republic of Uruguay and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of AluGuest and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
AluGuest respects copyright law and expects its users to do the same. It is AluGuest's policy to terminate in appropriate circumstances the AluGuest Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and Aluguest Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and Services, and (b) deactivate or cancel your AluGuest Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event AluGuest terminates these Terms, or your access to our Site and Services or deactivates or cancels your AluGuest Account you will remain liable for all amounts due hereunder. You may cancel your AluGuest Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your AluGuest Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
You agree to release, defend, indemnify, and hold AluGuest and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.
The failure of AluGuest to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AluGuest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms and Conditions, please contact aluGuest at firstname.lastname@example.org
Last update: Wednesday, January 20th of 2016