Dominium Airbnb

Host Listing Agreement & Terms of Service

BETWEEN: Dominium Consultancy (operating as the Platform Manager / Listing Broker, hereinafter referred to as the “Company” or “Dominium”)

AND: The Property Owner / Authorized Manager submitting property details (hereinafter referred to as the “Host” or “Property Owner”).

1. Purpose & Appointment

By listing a accommodation or rental property on Dominium’s platform or website, the Host appoints Dominium to market, display, and facilitate guest bookings for the property.

2. Host Representations & Warranties

The Host represents, warrants, and guarantees to Dominium that:

  • Ownership & Authority: They are the lawful owner of the property or possess full, unencumbered legal authority to sub-lease/rent out the premises.
  • Accuracy of Listing Information: All descriptions, amenities, photos, pricing, and availability calendars supplied to Dominium are 100% accurate, complete, and current.
  • Standards & Compliance: The property meets all national and local safety, health, building, and sanitation standards (including functional fire safety, secure locks, clean linens, functional plumbing, electricity, and water supply).

3. Protection of Guests & Prevention of Inconvenience

To protect guests from double bookings, false advertising, or sudden cancellations, the Host agrees to the following operational covenants:

A. Availability & Double-Booking Prohibition

  • The Host must keep their availability calendar continuously updated.
  • If a property is booked through Dominium, the Host must not sell, lease, or occupy the property during those confirmed dates.
  • Double-Booking Liability: If a guest arrives and the property is unavailable due to a double-booking or Host oversight, the Host shall be solely responsible for all financial costs associated with securing equivalent or superior emergency alternative accommodation for the guest.

B. Property Condition & “As-Advertised” Guarantee

  • If a guest arrives and finds the property substantially unfit, unsanitary, materially different from the photos, or lacking core amenities (e.g., no water, no electricity, broken AC/Wi-Fi), the Host must rectify the defect within three (3) hours.
  • If the defect cannot be resolved promptly, Dominium reserves the right to issue a 100% full refund to the guest at the Host’s direct expense.

C. Host Cancellations & Penalties

  • Once a booking is confirmed, the Host cannot cancel the reservation except under verified Force Majeure (e.g., natural disasters, major structural failure).

In the event of an unjustified cancellation by the Host:

  1. The Host forfeits any payout for that booking.
  2. The Host will incur a cancellation administrative fee of [e.g., 20% of the booking value or KES 5,000] to cover re-accommodation costs.
  3. Dominium reserves the right to unlist or terminate the Host’s account after repeated cancellations.

4. Indemnification & Limitation of Dominium’s Liability

To shield and protect Dominium Consultancy from third-party liabilities:

Indemnification: The Host agrees to fully indemnify, defend, and hold harmless Dominium Consultancy, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, fines, injuries, or expenses (including legal fees) arising from:

  1. Any personal injury, property damage, or death occurring on the Host’s property during a stay.
  2. Any breach of this Agreement, local laws, or housing regulations by the Host.
  3. Misrepresentation of property features or ownership rights.

Platform Role: Dominium acts solely as a venue/broker facilitating reservations between guests and hosts. Dominium does not own, inspect daily, manage, or maintain the physical premises and accepts no liability for physical property defects, guest misconduct, or host negligence.

5. Payments, Commissions & Refunds

  • Dominium will collect rental payments from guests on behalf of the Host.
  • Dominium will deduct its agreed platform/commission fee of [e.g., 10%–15%] prior to remitting payouts to the Host.
  • Payouts to the Host will be disbursed [e.g., 24 to 48 hours] after successful guest check-in, provided no valid guest complaints regarding property condition or access have been lodged.

6. Data Protection & Privacy

  • The Host agrees to handle all guest personal data (names, phone numbers, identification details) received via Dominium in strict compliance with applicable Data Protection Laws (e.g., Kenya Data Protection Act, 2019).
  • The Host shall use guest contact information solely for purposes related to check-in, stay management, and emergency communication. The Host shall not sell, lease, or use guest contact data for unsolicited personal marketing.

7. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under or in connection with this Agreement shall be resolved through amicable negotiations, failing which they shall be submitted to arbitration in Nairobi, Kenya.

Electronic Acceptance / Opt-In Declaration

(To be placed next to a required checkbox on your Host Onboarding Portal/Form)