Terms and Conditions

1. Disclaimer
1.1 The Sleeping-OUT website is owned and operated by Dining OUT Web Services CC ("Sleeping OUT"). Databases, information and systems are the property of Sleeping OUT. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Sleeping OUT nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Sleeping OUT makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to info@sleeping-out.co.za.
1.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy himself prior to entering into any agreement, that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
1.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Sleeping OUT and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
1.4 Neither Sleeping OUT nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any service sold as a result of using this web site.
1.5 Sleeping OUT makes no representation regarding any other web sites that may be accessed through this service and accordingly accepts no responsibility for the content or use of such web sites or information contained therein. In addition, it shall not be liable to any party for any form of loss or damage, consequential or otherwise, incurred as a result of any use or reliance on any information contained on such a web site or any web sites which can be accessed through this web site.
2. Payment Methods
2.1 Credit card payments
2.1.1 The Sleeping-OUT website uses a secure operating system and interfaces with a transaction portal which uses a 128 bit cypher on SSL (Secure Socket Layer) (encrypted communication) for security purposes. The transaction portal is operated by PayGate on behalf of The Standard Bank of South Africa Ltd. All credit card payment processing will be done through PayGate's secure payment gateway. At the time of making the booking, the transaction details are presented to the bank and an authorization is obtained for the amount of the transaction.
2.1.2 Payment is only collected when a quotation has been received from the establishment, while the quotation has not yet expired and when the guest accepts the quotation. Once payment has been made the establishment is required to send confirmation of the booking.
2.1.3 If the establishment has elected to hold the room for the validity period specified on the quotation, the guest can pay at any time prior to the expiry of this period. If the establishment has quoted subject to availability at the time of payment, the deposit will not be deducted from the guest’s credit card immediately. The funds will be reserved against the credit card pending confirmation of the booking by the establishment at which time, the funds will be released.
2.1.4 PayGate use SSL3, two firewalls and no credit card details are stored on the Sleeping-OUT website. Transactions occur in separate places for security reasons.
2.2 Direct Deposits
2.2.1 Guests can make payment via direct deposit. A guest opting for this payment method will be requested to advise through which bank the payment will be made.
2.2.2 The establishment will be advised that the guest has indicated they are accepting the quote as well as an estimate of the time it will take for funds to be received in Sleeping-OUT's bank account.
2.2.3 Sleeping-OUT will then advise the establishment when funds are actually received. Typically it will take up to one day for an establishment to be notified of a receipt from a Standard Bank account, 2 days for any other local bank and up to 4 days for an international transfer. Guests should ensure that the payment method they select allows enough time for the payment to be received within the validity period specified on the quote. If the quote that is sent is subject to availability at the time of payment and the room is not available, the guest’s payment will be refunded in full.
2.2.4 Sleeping-OUT normally processes payments once per day, six days a week. Only when the payment has been received into Sleeping-OUT's bank account and has been processed is the payment deemed to have been received. Only when payment has been received within the validity period is the quotation deemed to have been accepted.
2.2.5 If the client selects the "pay via bank deposit" or "transfer" button, instructions will be given on how to deposit or transfer money into the Sleeping-OUT bank account. Clients must pay the exact amount and will be provided with a reference number for use on the deposit slip.
2.2.6 The establishment has the right to issue a new quotation at any time. A new quote automatically expires any prior quote even if the prior quote was still valid. Any expired quote is deemed as having not been accepted.
2.2.7 Payments made for bookings with arrival the same day must always be made via credit card.
3. Delivery
3.1 The user of the website makes an availability enquiry of the establishment. If the establishment has accommodation available for the required period a quotation is sent to the user. This constitutes an offer by the establishment, which can be accepted or declined. If the offer is accepted, the user is directed to the payment page of the website. However, acceptance is only finalised when payment is made and processed as per 2.2.4 above. The offer has an expiry date specified by the establishment and is thus open for acceptance by the guest during the period prior to the expiry date. If the offer is subject to availability, the booking will only be confirmed by the establishment once they are informed that the funds have been received by Sleeping-OUT and provided the accommodation is still available.
3.2 Payment is made either of the minimum deposit required or the full amount. In certain circumstances the minimum deposit is equal to the full amount of the quotation.
3.3 As soon as payment has cleared the Sleeping-OUT bank account and been processed, delivery has taken place on the part of the guest and the establishment is required to confirm the reservation and a reservation confirmation reference number is issued. Delivery on the part of the establishment takes place when the guest has physically taken up the accommodation reserved.
3.4 Establishments may apply cancellation policies and these are clearly displayed on every quotation. Cancellation policies will have implications for refunds and these are dealt with in section 6.
3.5 Value added tax at 14% is charged on bookings by VAT registered establishments and is included in the price quoted.
4. Availability
4.1 Where the establishment makes use of online availability software, a booking can be made immediately without the sending of an enquiry or quote. These establishments are identified by a Book Now button. The system interfaces with the availability server operated by the availability software provider and allows the guest to view availability of different accommodation and make an immediate online booking.
4.2 The guest can only pay for this type of booking by credit card.
4.3 It is the establishment's responsibility to ensure their booking availability is kept up to date. Guests should be aware that from time to time the establishment may lose contact with the availability server for various technical reasons and therefore Guests should rely on a confirmation from the establishment in order to be certain that the booking has been accepted.
4.4 Establishments whose availability software indicates no availability, will be shown as unavailable on the search results.
5. Availability Calendar
5.1 Establishments also have the option to mark certain dates on their availability calendar as fully booked and establishments will be shown as unavailable for these. However, as the marking of the availability calendar by the establishment is optional and is also a manual process, establishments shown as available may sometimes be unavailable.
5.2 Guests should therefore rely on the establishment's quote as to whether there is availability or not.
6. Cancellations, refunds
6.1 Bookings will only be processed once funds are CLEARED in the Sleeping-OUT bank account. Transactions are accepted as completed when Sleeping OUT has been paid the required amount in full for the relevant booking and the payment has been processed. The required amount may be a deposit or the full amount of the booking.
6.2 If a guest cancels a booking they may be liable for cancellation and/or admin fees as stipulated on the establishments quotation. By accepting the establishment’s quotation the guest accepts the cancellation terms on that quote.
6.3 As a deterrent to fraud, some establishments may request that refunds for amounts originally paid via Sleeping-OUT by credit card be refunded by Sleeping-OUT so that the refund can be made to the credit card that was used for the original payment. In this case Sleeping-OUT reserves the right to make the refund to the guest only after it has received the refund from the establishment.
7. Insured Bookings
7.1 Guests are encouraged to make their bookings via Sleeping-OUT in order to safeguard their deposits. Every year any number of establishments close down for a variety of reasons. Often deposits have been paid and these are not recoverable.
7.2 Sleeping-OUT provides an insured booking facility at no additional costs to the guest up to a value of R10,000. For bookings in excess of R10,000 the guest should contact Sleeping-OUT direct to negotiate specific booking insurance for that booking. Sleeping-OUT reserves the right to accept, reject or negotiate booking insurance for bookings with a value exceeding R10,000.
7.3 If an establishment is no longer in business at the time of the guest arrival date and the deposit paid cannot be recovered, Sleeping-OUT undertakes to refund the guest on behalf of the establishment, an amount limited to the deposit paid by the guest or R10,000 whichever is the lower.
8. Free Accommodation
8.1 Explanation of terms
8.1.1 Participating Establishments. These establishments have undertaken to participate in the FREE ACCOMMODATION program.
8.1.2 Eligible Bookings. These are bookings of R100,000 or less that have been made at participating establishments, the guest(s) has already stayed and a guest feedback form has been completed. Employees of Dining-OUT Web Services (Dining-OUT and Sleeping-OUT) and their families are not eligible for the Free Accommodation Program.
8.2 Establishments who participate in the FREE ACCOMMODATION program have the FREE ACCOMMODATION logo on their search results as well as on their establishment listing.
8.3 Participating establishments will contribute 10% (excl vat) of each booking to the FREE ACCOMMODATION fund.
8.4 This fund will be used exclusively to refund a percentage of eligible bookings (10% on average).
8.5 In order to avoid booking manipulation, refunds are only made to eligible bookings once the guest stay has been completed and the guest(s) have completed a feedback form.
8.6 The refund is initiated by the completion of the guest feedback form which is only sent after a stay has been completed. As long as the balance in the fund is not negative a refund will be made. As funds come in from participating establishments, the funds will flow out to refund selected eligible bookings.
8.7 A booking that has been fully or partially cancelled will not be eligible for refund. No guest can receive refunds from the establishment and/or Sleeping-OUT that exceeds the total amount paid by the guest.
8.8 In terms of the Consumer Protection Act the ID numbers of all guests refunded are required to be stored for auditing purposes. It is therefore a condition of refund that guests supply their ID number prior to being refunded (passport number in the case of non South African guests). From the time a guest is advised that they have been selected for a refund they have 30 days in which to supply their ID number and bank details after which their refund will be forfeit. In this case the payment stays within the Free Accommodation Fund and will be used to refund another guest.
8.9 Refunded guests will be listed on the FREE ACCOMMODATION page together with comments and photos. It is a condition of winning that the winner allows his name and photo to be used on the website. The name of the establishment and value of the booking will also be shown.
8.10 Where guests who are refunded share their win on Facebook, they may be eligible for further prizes.
8.11 Establishments can join or leave the list of participating establishments at any time. However, any booking that was initiated by an enquiry made when the establishment was a participating establishment, will be deemed an eligible booking even if it is no longer participating at the time the booking is made. The 10% contribution will be deducted and the guest will be eligible for refund selection.
8.12 Sleeping-OUT makes no charge or fee for operating the FREE ACCOMMODATION program and all contributions to the fund will be paid out to guests.
8.13 The FREE ACCOMMODATION fund will be audited annually by external auditors "Advantage Accountants".
9. Governing Law
9.1 This site is managed, controlled and operated from the Republic of South Africa and is therefore governed by South African law.
10. Privacy
10.1 Sleeping OUT shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: act2.pdf
10.2 Sleeping OUT shall take all reasonable steps to protect the personal information of every user on the system and may store, notwithstanding other information, the following; name and surname, birth date, e-mail address, telephone numbers, cellular numbers, physical addresses, other personal information including surfing habits, IP numbers, username and passwords for the system booking and client preferences and any other information the user submits to this website. Sleeping OUT only stores this information when a user has consented to these terms and conditions. Users are required, in every instance, to specifically indicate their consent before they are able to send an availability enquiry or a booking to an establishment. Personal information regarding establishments listed on the website is stored on the system when the owner registers. Owners are required, in every instance, to specifically indicate their consent to these terms and conditions before they are able to send a quotation in response to a guests booking enquiry.
10.3 Where users are required to furnish copies of IDs, utility bills and other personal documents, these will be securely stored and not made available to any unauthorised third parties.
11. Security
11.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Sleeping OUT suffers any damage or loss.
11.2 Users may click on the PayGate logo to view their security certificate
12. General Information
12.1 Corporate Structure
12.1.1 Sleeping OUT is a closed corporation registered as Dining OUT Web Services CC CK no 2000/072847/23.
12.2 Currency and merchant outlet country
12.2.1 Transaction Currency is ZAR (South African Rand) The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
13. Legal
13.1 Users may contact Sleeping-OUT by sending an e-mail to info@sleeping-out.co.za or by using the contact us button on the website. Users may also contact Sleeping-OUT by dialling 021-7621543 begin_of_the_skype_highlightin.
13.2 Guests agree that Sleeping-OUT may send them newsletters and emails from time to time (Opt In).
13.3 Sleeping OUT may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13.4 Sleeping OUT chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1 Athlone Road, Plumstead, 7800, South Africa.
13.5 Sleeping-OUT does not buy or sell accommodation. The Sleeping-OUT website operates as a guide to enable users to find, book and pay for, accommodation. Sleeping-OUT thus acts as an advertising medium for the establishment and facilitates payments through the use of a payment gateway. However, the contract is based on an offer by the establishment which is accepted by the guest and therefore exists legally between these two parties.
13.6 Sleeping-OUT also provides support to users of the website by means of email, telephone (call centre) and online chat facility. Sleeping-OUT's normal office hours are 8:00am to 7:00pm Mon - Fri and 8:00am to 1:00pm Sat excluding public holidays but may vary from time to time.
13.7 The information provided by establishments and displayed on Sleeping-OUT is loaded by the establishment themselves and responsibility for its accuracy rests with the establishment.
13.8 In the event of a dispute between the guest and the owner, Sleeping OUT will assist in resolving such dispute. Sleeping-OUT does not, however, underwrite or guarantee bookings between guest and establishment or the accuracy of the information portrayed by the establishment or in its quote and is not liable to either party for any claims, damages or refunds of any type.