These General Terms and Conditions of Use govern access to and use of the Aloha Immo Services SARLU website. They are specifically tailored to a real estate agency operating in Madagascar. They supplement the Legal Notices and the Privacy Policy and do not replace mandates, leases, preliminary agreements, notarial deeds, or other contracts specific to each transaction.
1. Website publisher
The Site is published and operated by Aloha Immo Services SARLU, a real estate and services agency.
- Manager: WALTZINGER Benjamin, Loretto
- Headquarters: Opposite Air Madagascar, Rue Henri Martin, Tuléar Centre, Toliara 601, Madagascar
- RCS Toliara: 2022B00004 — NIF: 4011668067 — STAT: 68101 51 2022 0 00019
- Share capital: 2,000,000 MGA
- Email: contact@alohaimmoservices.com
- Telephone numbers: +261 38 18 257 37 / +261 34 13 154 30
The site currently accessible at dev.alohaimmoservices.com is a development/pre-production environment. After final launch, the main domain will be alohaimmoservices.com.
2. Purpose and scope
The Site presents the activities of Aloha Immo Services, its services, and, in particular, properties offered for sale or rent. It can also be used to submit requests for contact, viewings, valuations, or property searches.
Consulting the Site does not in itself constitute a mandate, a reservation, a promise of sale, a promise of lease, a rental agreement, a firm offer or a commitment to acquire or rent a property.
3. Acceptance and modification of the Terms and Conditions
Access to and use of the Site implies acceptance of these Terms of Use. Users who do not accept them must refrain from using the Site.
Aloha Immo Services may modify these Terms of Use to reflect changes to the Site, its services, or applicable law. The version published on the Site at the time of use is the authoritative version, subject to any mandatory applicable rules.
4. Access and availability
The Site is accessible, in principle, free of charge, excluding Internet access and telecommunications costs.
Aloha Immo Services takes reasonable steps to ensure its operation but does not guarantee permanent, continuous, or error-free availability. Access may be suspended, particularly for maintenance, security, updates, hosting, technical incidents, or force majeure.
Aloha Immo Services cannot be held responsible for malfunctions attributable to the network, the user's equipment or a third party.
5. Real estate listings and published information
The advertisements are published for informational and commercial purposes. They may relate to land, houses, villas, apartments, studios, offices, commercial premises, businesses or real estate rights.
The agency strives to maintain accurate and up-to-date information. However, prices, availability, size, amenities, photographs, descriptions, features, and other information may change, be corrected, or become outdated.
Listing a property does not guarantee its availability at the time of viewing or contact. Final conditions must be confirmed by the agency.
Photographs, videos, plans and visual representations are indicative and do not necessarily constitute a comprehensive contractual description.
When an advertisement mentions a land title, a boundary survey, a leasehold right, an authorization or other document, this information remains subject to the administrative, land, legal, tax and/or notarial checks necessary for the transaction.
6. Location of assets
For reasons of security, owner confidentiality and property protection, the agency may not display the exact address or precise location of a property.
An area, district or approximate landmark displayed on the Site does not constitute a guarantee of exact location.
The precise location can be communicated as part of an exchange with the agency or the organization of a visit, depending on the circumstances and the legitimate interests of the owner.
7. Contact, visits and service requests
Contact forms, inquiries, visits, estimates and customized research do not constitute a contractual commitment from the agency.
A visit may require prior confirmation from the agency and/or the owner. The user agrees to respect the communicated times and instructions.
A request for a visit or information does not create any right of exclusivity, reservation, acquisition or rental.
When a transaction requires a mandate, viewing agreement, service contract, lease, promise, preliminary agreement, notarial deed or other document, the rights and obligations are defined by the document concerned.
8. Role of the agency and limitations of the audits
Aloha Immo Services can assist with buying, selling, renting, rental management, property management, customized searches and other real estate-related services.
Depending on the operation, the agency can assist with document collection, visits, networking, negotiations and certain procedures.
However, some checks or formalities fall under the jurisdiction of the competent authorities or professionals: notaries, land and tax administrations, surveyors, banks, lawyers, experts or other professionals.
Unless otherwise agreed in writing, the agency does not guarantee the obtaining of financing, administrative authorization, visa, permit, land decision, or the conclusion of an act by a third party.
9. Price, fees, deposits, taxes and expenses
The prices shown are those communicated at the time of publication, subject to material error, modification or availability.
Agency fees, processing fees, deposits, guarantees, taxes, registration fees, notary fees and other costs may be added to the advertised price.
Their amount, distribution and payment terms are determined by the conditions of the operation, the mandates and contracts concluded and the applicable regulations.
No sum becomes due simply by viewing an advertisement.
10. User obligations and prohibitions
The user agrees to use the Site lawfully, fairly and in accordance with these Terms of Use.
Specifically, it is prohibited to: intentionally transmit false information; impersonate a third party; attempt to compromise the security of the Site; introduce a virus or malicious software; carry out automated or systematic extraction of advertisements without authorization; copy or commercially exploit content without right; use contact details for unsolicited prospecting purposes; transmit illegal, defamatory, misleading content or content that infringes the rights of others.
11. Intellectual Property
Unless otherwise indicated, the name, logo, texts, photographs, videos, graphics, documents, databases, presentations and elements of the Site are protected by applicable intellectual property rules.
Any unauthorized reproduction, representation, adaptation, extraction, distribution or exploitation may constitute an infringement of the rights of their holders.
Content provided by owners, principals or partners remains subject to their own rights and permissions.
12. Third-party links and services
The Site may contain links to sites or services operated by third parties. Aloha Immo Services does not continuously monitor their content, availability, or security and does not guarantee their operation.
A link does not imply endorsement or general recommendation of the third-party service in question.
13. Personal data
Data transmitted via the Site is processed in accordance with the Privacy Policy published on the Site.
The processing may be necessary in particular for the management of requests, visits, property searches, customer relations, owners, buyers, sellers, tenants and partners, as well as for compliance with legal and contractual obligations.
The processing must be carried out in accordance with Malagasy Law No. 2014-038 of 9 January 2015 on the protection of personal data and applicable regulations. The Privacy Policy specifies the purposes, categories of data, recipients, retention periods, and procedures for exercising rights.
14. Anti-money laundering and vigilance
In connection with the operations concerned, Aloha Immo Services may be subject to Malagasy obligations to combat money laundering, terrorist financing and, where applicable, proliferation financing.
The agency may request proof of identity, origin of funds, beneficial owner, provenance of assets or any other document necessary for its due diligence obligations.
It may defer, suspend or refuse a business relationship or transaction when legal or regulatory requirements are not met or when a legal or compliance risk requires it.
These procedures are carried out in particular within the framework of Law No. 2018-043, amended in particular by Law No. 2023-026, and their implementing texts.
15. Responsibility
Aloha Immo Services implements reasonable means to ensure the reliability of the Site, without guaranteeing the total absence of errors, omissions, interruptions or outdated information.
To the extent permitted by law, the agency cannot be held liable for any damage resulting from the unavailability of the Site, improper use, content provided by a third party, changes made after publication, or any event beyond its control.
This clause does not limit liabilities that cannot legally be excluded or limited.
16. Security
The user must have appropriate IT equipment and environment and take the necessary measures to protect their data and devices.
The user must not transmit via public forms passwords, secret codes or complete banking information that are not necessary for the processing of their request.
17. Electronic exchanges and contractual documents
Electronic communication may be used in dealings with the agency, subject to applicable law.
When an act requires a particular form, a signature, authentication, a notarial act or an administrative formality, the mere use of the Site does not replace this requirement.
Mandates, leases, promises, agreements, notarial deeds and other contractual documents retain their own legal regime and prevail, where applicable, over these General Terms and Conditions for the transaction concerned.
18. No guarantee of conclusion
Viewing an advertisement, requesting information, visiting or negotiating does not guarantee the conclusion of a sale, rental, transfer, lease or other transaction.
A real estate transaction becomes final in accordance with the formalities, any suspensive conditions and signatures required by the parties and the applicable regulations.
19. Complaints and contact
Any questions or complaints can be addressed to:
Aloha Immo Services SARLU — Opposite Air Madagascar, Rue Henri Martin, Tuléar Centre, Toliara 601, Madagascar
Email: contact@alohaimmoservices.com
Telephone numbers: +261 38 18 257 37 / +261 34 13 154 30
It is recommended to specify the purpose of the request, the date concerned and, if applicable, the reference of the property or transaction.
20. Applicable Law and Disputes
These Terms and Conditions are governed by the law applicable in Madagascar.
The parties are encouraged to seek an amicable solution before any legal proceedings.
In the absence of an amicable agreement, and subject to the mandatory rules of jurisdictional competence, the dispute may be submitted to the competent Malagasy courts.
Contracts specific to a real estate transaction may include specific provisions regarding dispute resolution.
21. Partial Nullity
If any provision of these Terms and Conditions is declared invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law. The affected provision shall, if possible, be interpreted or replaced in a manner that preserves its intended purpose.
22. Entry into force and version
Version: 1.0 — Date: October 2026.
These Terms and Conditions take effect upon their publication on the Site.
Aloha Immo Services may retain previous versions in order to document the conditions applicable to different periods.
Appendix — Documents to consult
For complete information, the user should also consult, depending on the service concerned, the Legal Notices, the Privacy Policy, the cookie policy where applicable, the agency's terms and fees and the contractual documents specific to each operation.
These Terms and Conditions do not replace any mandate, lease, promise, agreement, notarial deed or other contract concluded between the parties.
Legal working document — to be validated by a legal professional in Madagascar before publication.
