Terms of Use

Terms and Conditions are usually long and commonly dull. We’ll try and make this quick but there’s a lot of ground to cover.

It’s really important that you read the following provisions carefully. These General Terms and Conditions firstly describe the specific contractual relationship that exists between you, SleepOut.com and SleepOut Inc, Mauritius (hereinafter referred to as “SleepOut”). Secondly, they outline the fundamental obligations that concern the relationship between guests and hosts using the SleepOut.com accommodation marketplace.

All users of this site agree that access to and use of the site are subject to the following terms and conditions and applicable laws. If you do not agree to these terms and conditions, please do not use this site.

General

SleepOut offers an online accommodation booking platform for registered users. On this platform, a user can firstly offer other users the usage of hotels, apartments, homes, rooms or any other kind of accommodation (hereinafter referred to as: accommodation) for a fee. Secondly, a user can also look for suitable accommodation and make a booking request via the online platform. SleepOut therefore provides users with a marketplace on which guest and host can find each other and transact.

The provider of accommodation is hereinafter referred to as the host; the person searching for accommodation is referred to as the guest. The term “user” applies to both the host and the guest.

SleepOut may offer the user an “account credit” which can be topped up with so called “credits” resulting from certain activities such as suggested friends registering, writing of a review for an accommodation or similar actions. These credits have no cash value, but they can be used for internal payments on the SleepOut platform.

SleepOut acts to connect third party hosts, such as vacation rental owners, travel agents, hotels and resorts with guests searching for accommodation. What this means is that the contract for the accommodation is between the guest, and the host. In most cases this will mean that there are additional terms and conditions governing the contract as each host may have specific requirements relating to their accommodation as described on their SleepOut listing, pricing details and house rules.

SleepOut as a third party technology service provider has no contractual liability to users in respect of the accommodation. However, SleepOut may still be liable to you if our representatives have been negligent, have misrepresented important information or have been in breach of any other relevant law.

All products sold through us are not an offer by SleepOut to sell any product, but an invitation to you to make an offer to our hosts. SleepOut enables hosts to either accept or reject such offers. In some cases, we may send you an email acknowledging receipt of your order. Once your order has been processed, SleepOut will send you an e-mail confirming the contract if you are purchasing from SleepOut. For example when purchasing via mobile phone SleepOut will send the acceptance via SMS. The method of concluding a contract will be made clear with each method of communication.

Because the contract for the product is between the guest, and the host any queries or concerns relating to the product should be addressed to either party. You will see the name and address for all hosts in the confirmatory e-mail we send you. We will of course assist you with this if you wish - please contact Guest Support.

Where your contract is not with SleepOut but with a specially designated third party commercial host such as a tour operator or hotel, SleepOut may securely pass a tokenized version of your credit card (or details of any other payment method allowed) and any other essential booking details to that third party. The placing of an order for any goods and services by you will constitute consent to us passing on such details.

Users undertake that the details given while using SleepOut are correct in particular that the credit or debit card being used is their own and that there are sufficient funds to cover the cost of the product or service.

If there are any changes to the details supplied to us by the user it is your responsibility to inform SleepOut by contacting Guest Support as soon as possible.

Hosting

An agreed upon SleepOut commission fee will be automatically deducted from the total confirmed value of each booking processed on the SleepOut accommodation marketplace.

Accommodation hosts agree not to attempt to misuse SleepOut by communicating with guests introduced by SleepOut offline and/or by other means prior to confirming their booking online. SleepOut aims to respect the privacy and security of all hosts by ensuring that transactions occur within the secure trading environment provided by the platform. Bookings arranged offline following an introduction via SleepOut will still be considered commissionable and will be invoiced to the host accordingly.

SleepOut will only charge guests a cancellation fee on behalf of the host according to the cancellation policy set by the host.

In the event of a cancellation requiring a refund to the guest SleepOut will be entitled to claim the amount required on behalf of the guest. SleepOut will then reimburse the guests while retaining a levy equivalent to the agreed commission fee on the total booking amount. The balance owing will be transferred from SleepOut to the host.

In the event that a guest cancels due to serious medical reasons or death in their immediate family a full refund policy should be considered. If agreed with the establishment SleepOut will fully refund such cancellations without the above mentioned levy.

Under extenuating circumstances, SleepOut disclaims any liability for no show guests and in such event recourse would need to be sought against the guests themselves according to the agreed upon cancellation policy.

Host Payouts

SleepOut acknowledges that time is of the essence in settling payments with accommodation hosts and will endeavour to do so within a reasonable amount of time.

Hosts will receive their payout 24 hours after guest check-in. Only in exceptional circumstances through a manual vetting process will certain hosts be entitled to receive payment prior to guest check-in.

Damages

All relevant accommodation representatives on duty shall report directly to the accommodation management of any breakages or damages that occur during a guest’s stay. The fee for the same shall be collected before the guest’s departure by the accommodation representative on-site.

Lowest Price Guarantee

SleepOut guarantees your lowest rate online (and offline). If a client inquires with a lower rate found elsewhere which has already been approved by your accommodation, SleepOut will beat that price by taking 10% off based on the amount of the price discrepancy.

For example if your website is quoting USD 90 per night for the same room which your establishment has quoted a SleepOut client USD 100 per night, SleepOut would be entitled to quote the guest USD 89 and the amount of USD 90 would then be commissionable at the agreed upon rate.

The agreed upon commission will always apply to the final quoted price agreed to by your accommodation and not the listed prices which become void if you agree to a lower rate online or offline.

Complaints

SleepOut offers the option of contacting Guest Support with a complaint if there are any problems with the accommodation and/or the host within at the latest 24 hours after check-in. The complaint must at least be made in written form (e-mail). The guest must specifically indicate the grounds for the complaint.

In cases of guest complaints, SleepOut will attempt to bring about an amicable solution. An amicable solution is deemed to have been reached when the accommodation parties (host and guest) have submitted two corresponding declarations of intent to this effect from which it is clearly evident that both parties are in agreement with the formulated solution; the compliant declarations of will must at least have been submitted in text form (e-mail).

Accommodation Bookings

Photo identification of the person whose name is on the booking must be provided when checking in.

In the event that you would like to cancel or amend your booking, the cancellation policy of the property will be available on your confirmation email or as stated at the time of booking.

Cancellation

In the unlikely event of the host cancelling or amending your booking after confirmation has been made, SleepOut will make all reasonable effort to advise you as soon as possible. Should the host be unable to fulfil your accommodation booking, you will have the choice of accepting an offered alternative or cancelling your booking with a full refund of all monies paid. In cases where the host is unable to provide an alternative, SleepOut reserves the right to cancel your booking with a full refund.

If the cancellation policy is not displayed within your confirmation email and you wish to cancel your reservation, it is your responsibility to notify SleepOut verbally or in writing.

Most accommodation may have a penalty or cancellation fee for any changes or cancellations to your booking. This can be calculated from the date of amendment / cancellation to the date of arrival, alternatively one set fee. Guest Support will advise you if you decide to proceed with the changes.

If you send SleepOut your cancellation in writing, cancellation is not immediate, SleepOut will respond to you within 6 hours of receipt of your email. Please note that individual accommodation cancellation policies can vary. Please take this 6 hour turn around time into consideration when putting your cancellation in writing.

In the event of a cancellation the host’s cancellation policy will apply. If the host has selected a custom cancellation policy and is deemed by SleepOut to be unreasonable, the SleepOut default moderate cancellation policy will apply.

When the host selects a cancellation policy this becomes a binding part of the agreement between the host and the guest. The agreement reached between the guest and the host can only be rescinded if both parties agree and the consent is declared by corresponding e-mails.

Guest Refund Policy

SleepOut’s Guest Refund Policy is in place to support guests in case of an accommodation issue when booking on SleepOut. Under the appropriate circumstances, a full refund will be issued to the Guest and no fee will be withheld by SleepOut or your Host.

Issues generally fall into 3 categories: (1) the listing is misrepresented and inaccurate, (2) the Host cancels a booking prior to check-in or does not provide Guests with access to the accommodation listing booked, or (3) the listing is generally unfit for accommodating Guests.

The Guest Refund Policy can also be applied to the following scenarios:

  • The listing is missing an amenity as described on the site in the description, photo or features list.
  • The accommodation offered to the Guest was not the same as described in the listing.
  • The listing is generally unsanitary, unsafe, and unlivable.
  • The host has pets in the accommodation which was not disclosed in the listing description.
  • The listing lacks basic amenities including clean bedding for all Guests included in the booking.

If no reasonable understanding can be reached between Guest and Host, we recommend taking the following steps:

  • Contact Guest support immediately to document the issue.
  • Send an email or message to your Host to let them know of the issue.
  • Document the issue via photographs and explain how the issue unfolded.

Please note the following guidelines surrounding refund requests:

  • Notice of cancellation must be registered with SleepOut within 24 hours of check-in if there is a complaint from either party.
  • A booking is officially registered as cancelled when a Guest clicks the cancellation button which is located in their Dashboard on their Trips page or by sending an email to [email protected] (please allow a minimum of 3 hours to process any written confirmation).
  • SleepOut recommends that Guests and Hosts attempt to remedy any issues prior to making a request for a refund. You are in the best position to resolve accommodation issues.
  • SleepOut will mediate where necessary and has final say in all disputes.
  • Cancellation policies can be superseded by the Guest Refund Policy, safety cancellations, or extenuating circumstances.

Pricing

“Rack price” is the rate published by accommodation which is the maximum it will charge for any room.

“From” prices should act as a guide and not as a confirmation of the available rate for any given period.

Unless otherwise stated, self catering facilities, breakfast, lunch, dinner and activities are not included in prices.

Please note that room rates quoted via SleepOut may have room rates identified in other currencies as well as the local currency, or any other currency as requested by the specific accommodation host. Unless stated otherwise, at the time of final payment, the room rate you will be charged by SleepOut or the accommodation shall be as expressed in the local currency (or in any other currency as determined by the accommodation). Please be aware any subsequent conversion of the amount payable to the accommodation on your behalf may differ from the total as per the currency rate advertised by SleepOut.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Republic of Mauritius and other copyright laws, and is the property of SleepOut. The collective work includes works that are licensed to SleepOut.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SleepOut or purchasing SleepOut products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SleepOut or to purchase SleepOut products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SleepOut. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of SleepOut used in the site are trademarks or registered trademarks of SleepOut.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SleepOut disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SleepOut does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SleepOut does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some countries and states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

SleepOut shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SleepOut has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Facebook

SleepOut uses the log-in function and social plug-ins of social network Facebook.com which is operated by Face Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. If you have your normal place of residence in the European Union, the Facebook services are offered to you by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland. The social plug-ins are discernible by the Facebook logos (white “f” on blue background or the characteristic Facebook thumb) or marked by the addition “Facebook Social Plug-In”; all Facebook plug-ins can be viewed here. The sign-up and/or log-in of Facebook is also easy to recognize by the characteristic white script on a blue background.

SleepOut also offers you the option of registering with us using the Facebook sign up or registering via the log in. If you would like to register or log in with us using the Facebook sign up and/or log in, you then permit us to:

  1. Access your general details such as your name, profile image, gender, the user ID, your friend lists and all other data that you have made public in your profile.
  2. Send you e-mails.
  3. Post status reports on your behalf.
  4. Also to access your data when you are not currently using the application.5. Access your other profile information such as “About me”, your date of birth, your home town and your current place of residence.

When you call up a website on which a social plug-in (like button) is implemented, your browser will then establish a direct link to Facebook and will then transmit the following data to Facebook directly:

  1. Date and time of your visit.
  2. The Internet address/URL of the site that you are currently visiting.
  3. Your IP address.
  4. Your browser.
  5. Your operating system.
  6. Your user code if you are a registered user of Facebook and if applicable your surname and first name.
  7. If you click on the plug-in, of course the information that you have used this specific plug-in.
  8. The data can only be transmitted to the Facebook profile when the user is logged in to Facebook.
  9. Logging out of Facebook prevents the transmission of these data to the Facebook profile

Facebook saves this data for a period of 90 days. Facebook then removes the name and all other personal information from the data; a pseudonymized usage profile remains.

SleepOut explicitly makes reference to the fact that we ourselves do not have any influence over the scope of the data which Facebook collects with the help of the plug-in and that with regard to data protection we have to rely on the data usage guidelines of Facebook, on which our aforementioned information is based. Please inform yourself further on Facebook specifically about the purpose and scope of the data collection and your rights in this regard and the setting options to protect your privacy using the data usage guidelines.

However, it is of course possible to prevent the placing of cookies by settings in your browser. In addition, it is also possible to block the social plug-ins of Facebook with add-ons for your browser. For instance with the “Facebook Blocker”.

Errors

Whilst every effort has been made to ensure accuracy and availability, some errors might still occur. Once aware of such incidents SleepOut will make all reasonable efforts to advise you within 48 business hours of the booking being made. We reserve the right to cancel the booking and refund all monies paid, but this of course will be without any liability to you.

SleepOut will do our best to correct errors and omissions as quickly as practical after being notified of them. However because of the sophisticated technology that is required in operating SleepOut there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product or service or other detail displayed or presented on SleepOut being incorrect. In this case SleepOut reserves the right to cancel that contract, but this of course will be without any liability to you.

In the event that a SleepOut product is mistakenly listed at an incorrect price, SleepOut reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. SleepOut reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SleepOut shall issue a credit to your credit card account in the amount of the incorrect price.

If your accommodation quotes a guest incorrectly and the guest accepts this quotation the host is required to honour the booking.

The host is responsible for any liability that may arise resulting from double bookings.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SleepOut without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

SleepOut may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SleepOut.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the Republic of Mauritius, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SleepOut products) shall be in the county or federal courts located in Mauritius. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SleepOut products) must be commenced within one (1) year after the claim or cause of action arises. SleepOut’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SleepOut may assign its rights and duties under this Agreement to any party at any time without notice to you.

Content: rights, granting of rights, forbidden content, indemnity

The works protected by copyright that are used by the hosts for the description of the accommodation, in particular texts and photographs and graphics and videos (descriptions of accommodation) and the texts used by the users for the ratings and the profile pictures used by the users may not infringe the rights of third parties, in particular copyrights, trademarks and personal rights.

The users give assurance that they have the necessary rights to the uploaded texts and photographs and, if applicable, graphics or videos or other works protected by law and/or trademarks and/or consents with regard to personal rights.

By making an accommodation description or a rating publicly accessible on the online platform of SleepOut (entry, upload and thus release of texts, photographs, videos, graphics, etc.) the user grants SleepOut the free, non-exclusive right to use for an indefinite time and area this work (in its entirety or in part) worldwide for the provision of the services offered by SleepOut or to advertise this service on the Internet or a mobile application), and to use this work worldwide for the provision of the services offered by SleepOut or to advertise this service on posters, in print media of any kind, television and radio advertising (right of copying, dissemination, broadcasting, public rendition) and the right to process or redesign the works and the right to transfer these rights to third parties if this is necessary to meet the required purpose (provision of the service offered by SleepOut or to advertise the service).

With the making public of a profile picture on the online platform of SleepOut (upload and release of pictures, publication of texts, etc.), the user grants SleepOut the free, non-exclusive right for an unlimited time and area to use this work (in its entirety or part) worldwide to provide the services offered by SleepOut on the Internet or mobile applications (right to make publicly accessible). The profile picture of the user may not be used for advertising, unless the user has explicitly agreed to this at least in text form.

A review of the uploads made by users pursuant to the aforementioned clauses with regard to the legality of the content will not be done by SleepOut.

SleepOut reserves the right when it becomes aware of this (information from third parties) to delete content in its entirety or in part if the content is unlawful or is to be seen as forbidden content or forbidden activity.

Other Forbidden Content and Activities

It is the responsibility of the users to ensure that their conduct on the online platform complies with the valid laws and these General Terms and Conditions. The content and activities depicted below are those that breach valid law, and may not be published or carried out via the online platform or otherwise in the interest of SleepOut not via the services or SleepOut and consequence are forbidden on the online platform: insults, false accusations, abusive criticism, other defamatory statements, statements and images relevant under criminal law (such as National Socialist images, those glorifying violence and war, racist, children or violent pornographic or calls to commit criminal offences), any sexual content and depictions or those that are a danger to children and young people; copying, dissemination and making publicly accessible works protected by copyright if the user does not have the corresponding usage rights, publication of images on which persons can be recognised who have not given their consent to publication, de-anonymization of other users Usage of the platform for own commercial purposes that go beyond the actual purposes of this platform unless SleepOut has agreed to such a commercial usage in writing beforehand, publication of personal data of third parties, usage of the platform for (solely) political or religious activity, sending of junk mail, chain letters or unrequested mass mails, instant messages, spimming or spamming, the disruption, interruption or excessive use of the services of SleepOut, the use of the account, user name or password of another member, use of mechanisms, software or other scripts in conjunction with the online platform that could impair the faultless and orderly function of the platform and the respective website, blocking, overwriting or modification of content generated by SleepOut, the usage of the services of SleepOut in a way that breaches the valid laws and regulations in another way. The examples included in the list are not exhaustive.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SleepOut or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

SleepOut does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SleepOut is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SleepOut reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SleepOut in its sole discretion.

Indemnification

The user shall indemnify SleepOut from all claims at the first request that other users or third parties file against SleepOut due to the breach of their rights by the offers and content entered by the user or due to other usage of the website, including reviews submitted by users.

The user also assumes the necessary cost of legal counsel (attorney and court costs) here for SleepOut.

In addition, the user undertakes to provide SleepOut, in the event of a claim being filed by third parties, with all information in a truthful and complete manner that is necessary to verify and defend against the claims.

SleepOut will not stop guests from making impossible bookings such as two hotels at the same time. If you make that kind of booking we are not required to give you a refund.

SleepOut does not make any warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties.

Please be aware that the accommodation room photos are only a depiction of the type of rooms on offer and may not represent the actual room described.

You agree to indemnify, defend, and hold harmless SleepOut, its officers, directors, employees, agents, licensors and hosts (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

You hereby indemnify SleepOut unconditionally and agree to hold SleepOut harmless against all loss, damages, claims, liability and/or costs, of any nature, arising, suffered or incurred by SleepOut or instituted against SleepOut as a result of and without limitation:

  • your use of our booking services;
  • your failure to comply with these terms, and;
  • any other cause whatsoever relating to our provision of services to you.

Third-Party Links

In an attempt to provide increased value to our visitors, SleepOut may link to sites operated by third parties. However, even if the third party is affiliated with SleepOut, SleepOut has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SleepOut. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SleepOut seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).