Terms of Use

StopSleepGo website (hereinafter referred to as the "Site") is owned by StopSleepGo Ltd. ("hereinafter We"), as a service to our users and visitors. This service consists of an online platform for Hosts and Guests (as those terms are defined below) to meet online, together with a collection of online resources and information, for facilitating or arranging the listing by Hosts of, and booking by Guests of, stays in travel accommodations to be provided by Hosts to Guests, and the provision, from time to time, of various email or messaging services, online tools and features for the purposes of enabling users of this Site to connect and directly conclude rental transactions in relation to such accommodations (collectively the "Service"), accessible on www.StopSleepGo.com.


1. Acceptance of Terms Top[↑]

1.1

By registering, accessing the Site and/or using the Site and/or Services , whether or not you become a registered user, a person who lists or adds a property on the Site as available for a rental transaction (“Host”) and/or a person who requests a booking of a listed holiday rental property via the Site from a Host (“Guest”) ("User", "You", “Your”), these Terms apply between You and StopSleepGo and govern the terms of Your use as the User of the Site and You agree to be bound by these terms of use, including the terms of our Privacy policy (as referred to and incorporated herein pursuant to Section 11 below), ("Terms"), which You acknowledge to have read and understood. Please note, however, that the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests and if You book accommodation with a Host through the Site, You will need to refer to and shall be bound by the booking confirmation and the booking conditions that will apply to that booking with a Host in relation to payment, cancellation and other related matters.

1.2

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You acknowledge and agree to review these Terms regularly to keep yourself informed of any changes.

1.3

By using this Site, You agree that the posting of new or revised Terms (including the Booking Terms) on the Site shall constitute adequate and constructive notice to You of any and/or all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent and/or acceptance to such changes.

1.4

Unless otherwise agreed or specified, StopSleepGo does not charge Users any fee for accessing the Site as a User or listing a property on the Site. If a rental transaction is concluded between Guests and Hosts as a result of the use of our Site and Services, StopSleepGo will charge a fee as set out in these Terms and/or the Booking Terms.

1.5

If there is any inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.


2. PlatformTop[↑]

You understand and accept that

(i)

the Site is a platform that enables You and other Users (Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and,

(ii)

StopSleepGo is not itself a party and/or contracting agent and/or representative of any host and/or to any rental transaction and disclaims all liability arising from and/or related to any such transactions to the fullest extent permitted by law.

(iii)

StopSleepGo’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage nor can We contract in our own name for the provision of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation

(iv)

StopSleepGo is not supplying and cannot supply such accommodation or services to Guests.

(v)

Hosts may be either owners of any such holiday rental space or are persons, including professional property managers who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests

(vi)

Any Rental transaction will bind only the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and StopSleepGo disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site. StopSleepGo does not make any recommendations or endorsements of listed properties or Users of the Site and assumes no liability in respect of the condition of any listed property on our Site. Please refer the Booking Terms for more information regarding our role and liability.

3. Eligibility and AccountsTop[↑]

3.1

To register for a User account (an "Account"), go to the Site and provide the requested information. By registering, You represent and warrant that:

(a)

You are eligible for an Account as set out in these Terms; and

(b)

the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group booking) and/or their organization or entity if they are authorized accordingly. Please note that You may view listed properties on our Site as an unregistered visitor, however, if you wish to book an accommodation or create a listing, you must first register to create an Account.

3.2

Upon registering an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue to use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.

3.3

As a registered User, You further agree to update Your Personal Information (as defined in the Privacy policy) if needed.

3.4

You agree to allow StopSleepGo to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.


4. Account RestrictionsTop[↑]

4.1

You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post

(a)

false, outdated, misleading information;

(b)

information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or

(c)

information in breach of the policies published on the Site are grounds for immediate termination of an Account.

4.2

You must not distribute unsolicited commercial messages ("spam") through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. Whilst using the Site and/or Service You agree to at all times conduct yourself in a courteous, professional manner. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user's Account, in our sole discretion.


5 .Content on the siteTop[↑]

5.1

You understand and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates.

5.2

The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. We do not make any representation and/or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. You agree that you will confirm all information You obtain from the Site is accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organization shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.

5.3

StopSleepGo grants Users a limited, revocable, non-exclusive licence to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms.

5.4

Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services


6. Your ContentTop[↑]

6.1

Although StopSleepGo accepts that it does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant StopSleepGo, an irrevocable, perpetual, non exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorize sublicences of the foregoing. Furthermore, by posting Content on the Site, You automatically grant StopSleepGo all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.

6.2

You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site ("Your Content"), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs or other suppliers. You represent and warrant that Your Content and any content You request to receive (directly or indirectly):

(a)

shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy;

(b)

shall not violate any law or regulation;

(c)

shall not be defamatory or libelous

(d)

shall not be obscene or contain child pornography;

(e)

shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and

(f)

shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6.3

You understand and accept that StopSleepGo has no obligation to post any Content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to StopSleepGo because of the design or positioning of such Content you are liable to StopSleepGo You understand and agree to release and/or to indemnify at all times StopSleepGo from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from StopSleepGo willful misconduct or negligence.


7. Terms of Use particular to HostsTop[↑]

7.1

As a Host, you may create or add listings and you will be asked a variety of questions about the holiday rental accommodation You intend to list, including, but not limited to, the location, features, availability of the accommodation and pricing and you may include certain terms or requirements which must be met by Guests as part of any potential rental transaction relating to Your listed property. More information on how to add such requirements is available on our Site. All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental property via the Site based upon the information provided in Your listing. You, and not Stop Sleep GO, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (your “Host Fee”). You understand and agree that once a Guest requests a booking of Your listed accommodation, the rental rate You have set for such booking request may not be altered. As a Host, You acknowledge and agree that You are solely responsible for any and all of your listings of holiday rental properties on our Site.

7.2

You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property. If you are not the owner of such property You warrant, represent and undertake that You have all necessary rights, including without limitation the express authorization from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals.

7.3

In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests, which processes are governed by the Booking Terms. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.

7.4

You acknowledge and accept that we do not act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction StopSleepGo is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.

7.5

Fee Structure. Out side of the Philippines.
Host: In consideration of the Services, StopSleepGo keeps a portion of the Host’s Accommodation price. This fee will be either 5% for individuals with up to 10 properties or 10% for agents, property managers or individuals with 10 properties or more. This is deducted automatically when StopSleepGo make the host payout. As a Host, you may post a Listing for free and agree to pay the above charges on a completed booking. Should a host take optional services or functions these may incur additional fees Guest: You agree to pay the amount posted by your Host and StopSleepGo prevailing Guest fees these are displayed as service fee on the booking amount and range from 6 to 12% of the total accommodation costs this is subject to a minimum fee of $65 usd. Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Host Fee to calculate the total amount payable by the Guest for the stay

Fee structure for inside Philippines

Host commission 10%

Guest service charge 7% or a minimum $15 USD 700 pesos

7.6

Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits from Guests and StopSleepGo shall not be responsible for administering or accepting a request or claim from You related to such payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your property that additional charges in the form of a deposit are required separately from the Guest (for example upon arrival or check-out).

7.7

Please note, however, that as Host, You are solely responsible for honouring any booking confirmation sent to a Guest and for supplying and making available and providing Your listed property on the Site to the Guest on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site

7.8

Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. StopSleepGo cannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Host Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professional property manager or You rent property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of your Host Fee and any additional charges whether or not included in your Host Fee. You should in any event consult your tax advisor.

7.9

Upon registering as a User as an intended Host, Hosts acknowledge and accept that StopSleepGo shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to StopSleepGo by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.

7.10

If Your listed property is requested by a Guest via our Site, you will be required to either confirm or reject the Guest’s request within 36 hours of that request, after which the booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s booking is subsequently accepted and confirmed by You through our Site, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through our Site as facilitated by our Service where required/applicable.

7.11

We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honoured such booking), which we shall pay to You by bank transfer in the currency either USD GBP As explained in host FAQs getting paid but at all times subject to the currencies available You make via the Site and less our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fees from such monies collected. Unless We otherwise agreed with You, We shall initiate the payment to You of all net monies collected from Guests which are due to You on the first or fifteenth day of the month after Your Guest’s check-out (whichever date is first) at Your listed property, but We shall have no further commitment to You under these Terms subject to any exceptional arrangement for the earlier transfer of a Guest’s advanced payment as may be agreed between You and StopSleepGo. If You do not honour a booking, You may lose Your entitlement to Your Host Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest as also referred to further in the Booking Terms.

7.12

Guests can cancel their booking at anytime, but always according to the cancellation policy that You have selected as a Host. In the event a Guest cancels, where the policy dictates, We shall transfer to You the monies collected by Us from such Guest, less our Fee, in accordance with Your selected cancellation policy.

7.13

As a Host, You should not cancel a confirmed booking. If however, exceptional circumstances require You to cancel a booking, please notify US at support@stopsleepgo.com for assistance in relation to Your communications with the Guest. Please also refer to the Booking Terms in this respect in terms of refunds payable to Guests.


8. Terms particular to GuestsTop[↑]

As a Guest, in addition to these Terms (including Section 7 above), please refer to the Booking Terms which sets out further details of the booking request process, the manner of collection of payment from Guests and our fees. Guests are advised to carefully read the Booking Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the concerned Host.


9. Limitation of LiabilityTop[↑]

(i)

For slightly negligent breach of material contractual obligations - or “cardinal obligations” - StopSleepGo liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.

StopSleepGo accepts no liability for any negligence and/or breach of obligations other than those listed above.

Otherwise the User's statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.

The User undertakes to take appropriate steps to prevent and mitigate damage.

(ii)

The Content and all other material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, any websites linked to it and any Content and other materials posted on it including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Although these Terms of Use require Users to provide accurate information (see section 6 above under Your Content), We do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who You contact via the Site or allow into Your listed property. We will not be responsible for any damage or harm resulting from Your interactions with other Users.

10. Release and indemnityTop[↑]

10.1

BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTY WHO CAUSED YOU HARM AT THE FULLEST EXCLUSION STOPSLEEPGO TO THE FULLEST EXTENT PERMITTED BY LAW.

10.2

YOU SHALL INDEMNIFY STOPSLEEPGO (AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND SUCCESSORS), AGAINST ANY LIABILITY, DAMAGE, LOSS, EXPENSE, CLAIM OR COST (INCLUDING REASONABLE LEGAL FEES AND COSTS) SUFFERED BY STOP SLEEP GO ARISING FROM OR IN CONNECTION WITH:

(A)

INFRINGEMENT IN OR BY ANY OF YOUR CONTENT OF ANY THIRD PARTY RIGHTS;

(B)

ANY DAMAGE, LOSS, EXPENSE, CLAIM OR OTHER COST SUFFERED BY ANY USER RELATING TO YOUR CONTENT, OR ANY HOLIDAY RENTAL YOU MIGHT OFFER OR BOOK VIA OUR SITE; OR

(C)

BREACH OF SECTION 4 (ACCOUNT RESTRICTIONS), SECTION 6 (YOUR CONTENT) OR PARAGRAPH 2 OF SECTION 7 (TERMS OF USE PARTICULAR TO HOSTS).

11. Data privacyTop[↑]

Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information (as defined in our Privacy policy) to Us and the other Users, as described in our Privacy policy, which is incorporated to these Terms by reference.

12. TerminationTop[↑]

In the event of a material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in our discretion and without liability to You:

(a)

terminate Your access to Our Service;

(b)

deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and

(c)

bar Your access to any of such files or Service. In addition, reserve the right at any time and without any prior notice to remove or disable to a listing of any holiday rental accommodation on the Site which in StopSleepGo sole discretion considers to be objectionable, in violation or breach of these Terms or Booking Terms, or otherwise harmful to the Site and/or Services.

13. InvalidityTop[↑]

If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.

14. AssignmentTop[↑]

You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.

15. Applicable Law and Jurisdiction Top[↑]

15.1

These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of England and Wales.

15.2

Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the English courts.