Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.



General Terms
Please take time to read these terms and conditions it is important for both of us that you understand our contractual relationship relating to your use of the Channels. We will not allow you to purchase any products from any of the Channels unless you have confirmed that you have read these terms.

Except for the sale of a very small number of products (such as, for some entertainment tickets) our Channels operate on an agency model. This means that we act as a disclosed agent for third party suppliers, such as a vacation home owner, tour operator, hotel or a restaurant. What this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. You can easily request them from our Customer Services by using one of the methods detailed at the end of these terms. Where we act as agent this will mean that we have no contractual liability to you in respect of that product. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law. On the other hand, for some products, we act as principal. This means that the contract for the product is between you and us. Don't worry we will let you know where we act as principal and where we act as agent.

All products sold through Hospitality Online Ltd Channels are not an offer by Hospitality Online Ltd to sell any product, but an invitation to you to make an offer to our suppliers. We are free to accept that offer on behalf of those suppliers or to reject it. In some cases, we may send you an email acknowledging receipt of your order. Once we have processed your order, we will send you an e-mail confirming the contract if you are purchasing from the website, from other Channels the confirmation may be different. For example when purchasing via WAP we will send you an SMS or via IVT our acceptance will be communicated when the product is delivered. The method of concluding a contract will be made clear on the relevant Channel.

Because the contract for the product is between you and the supplier any queries or concerns relating to the product should be addressed to them. You will see the name and address, plus contact details, for most suppliers at the bottom of the more info section for each product and for all suppliers in any confirmatory e-mail we send you. We will of course assist you with this if you wish - please contact Customer Services.

Where your contract is not with Hospitality Online Ltd but with a third party supplier such as a tour operator or hotel, Hospitality Online Ltd may pass 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.

You undertake to us that the details you give to us while using the Channels are correct in particular that the credit or debit card you are using is your 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 you it is your responsibility to inform Hospitality Online Ltd via our web form or by contacting our Customer Services as soon as possible.

We won't send you e-mails which you do not want but we can't guarantee that third parties to whom your details are sent won't do so.

Our Channels will not stop you from making impossible bookings such as two hotels at to the same time or a flight to one place and a balloon safari to another at the same time. If you make that kind of booking we won't give you a refund.

We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required in operating Hospitality Online Ltd 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 a Channel being incorrect. In this case we reserve the right to cancel that contract, but this of course will be without any liability to you.

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

Accommodation Bookings
Please note: 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 default cancellation policy (either SleepOut.co.ke's policy or that of the accommodation) will be available on your confirmation email or as stated at the time of booking.

If the cancellation policy is not displayed within your confirmation email and you wish to cancel your reservation, it is your responsibility to notify Hospitality Online Ltd verbally or in writing at least 30 days prior to the expected check in date and the accommodation's cancellation policy will apply.

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

If you send us your cancellation in writing, cancellation is not immediate, Hospitality Online Ltd 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.

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

"From" Prices stated are on a per double room, per night basis and should act as a guide and not as a confirmation of the available rate for any given period.

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.

Unless otherwise stated, breakfast, lunch and dinner are not included.

Please note that room rates quoted via SleepOut.co.ke may have room rates identified in other currencies as well as the local currency, or any other currency as requested by the specific accommodation supplier. Unless stated otherwise, at the time of final payment, the room rate you will be charged by Hospitality Online Ltd or the accommodation shall be as expressed in the local currency (or in any other currency as determined by the accommodation) and not necessarily in KSH. Please be aware any subsequent conversion of the local currency to KSH by the accommodation on your behalf may differ from the KSH room rate advertised on SleepOut.co.ke.

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

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

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 United States and other copyright laws, and is the property of Hospitality Online Ltd. The collective work includes works that are licensed to Hospitality Online Ltd. Copyright 2012, Hospitality Online Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hospitality Online Ltd or purchasing Hospitality Online Ltd 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 Hospitality Online Ltd or to purchase Hospitality Online Ltd 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 Hospitality Online Ltd. 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 Hospitality Online Ltd used in the site are trademarks or registered trademarks of Hospitality Online Ltd

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, Hospitality Online Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hospitality Online Ltd 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. Hospitality Online Ltd 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 states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Hospitality Online Ltd 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 Hospitality Online Ltd 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.

Typographical Errors
In the event that a Hospitality Online Ltd product is mistakenly listed at an incorrect price, Hospitality Online Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hospitality Online Ltd 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, Hospitality Online Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Term; 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 Hospitality Online Ltd 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
Hospitality Online Ltd 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 Hospitality Online Ltd.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., 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 Hospitality Online Ltd products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hospitality Online Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Hospitality Online Ltd'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. Hospitality Online Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

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 Hospitality Online Ltd 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
Hospitality Online Ltd 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, Hospitality Online Ltd 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, Hospitality Online Ltd 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 Hospitality Online Ltd in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Hospitality Online Ltd, its officers, directors, employees, agents, licensors and suppliers (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.co.ke unconditionally and irrevocably and agree to hold SleepOut.co.ke harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by SleepOut.co.ke or instituted against SleepOut.co.ke as a result of (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, Hospitality Online Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Hospitality Online Ltd, Hospitality Online Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hospitality Online Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hospitality Online Ltd seeks to protect the integrity of its web site 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).






The SleepOut accommodation guide to Kenya is a contemporary, functional and unique online portal that puts Kenya's accommodation on the map. SleepOut is Kenya's most comprehensive online accommodation guide featuring all varieties of unique accommodation options from beach huts to house rentals and all inclusive resorts. Whether you're a backpacker or a boutique hotel aficionado, if you love to travel, you'll love SleepOut!


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