THESE BOOKING CONDITIONS APPLY TO ALL BOOKINGS MADE WITH US FROM THE 8th JULY 2022.
Except where otherwise specified, we, Sneakout, a company registered in India (Partnership Act, 1932), act only as an agent in respect of all bookings we take and/or make on your behalf. For all bookings, your contract will be with the supplier of the arrangements in question.
We act as an agent on behalf of various land owners, local tour operators, outdoor adventure providers and destination management companies who organise and supply adventure holidays in the countries in which they’re based. References to “Supplier/Hosts” in these Booking Conditions, means these third party suppliers organising and providing your adventure holiday
References to “Travel Arrangements” in these Booking Conditions means the adventure holidays and camping organised and provided by the Supplier/Hosts, which will generally consist of accommodation, in-country transport, activities and excursions and other travel arrangements as specified on your booking confirmation.
As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and we have tried to set them out below as clearly as possible: - Section A contains the conditions that will apply to all bookings; - Section B sets out the extra terms and conditions which apply to customers resident within India making a booking with a Supplier/Host established outside the EEA.
1. YOUR CONTRACT
When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Host of the Travel Arrangements (we commonly refer to them as ‘hosts’), as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Host(s) you contract with you and we advise you to read both carefully prior to booking. The Supplier/Host’s terms and conditions may limit and/or exclude the Supplier/Host's liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Supplier/Host will exist when we send you confirmation on their behalf. Except where explicitly stated otherwise in these Booking Conditions, as an agent we accept no responsibility for the acts or omissions of the Supplier/Host or for the Travel Arrangements provided by the Supplier/Host.
When you make a booking on our website, you will have the opportunity to review all the details of the booking before making payment. Once you have reviewed these details and made payment, we will proceed to confirm the booking. In some instances, we will need to check availability with the Supplier/Host before confirming the booking.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant Government ID. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
In order to book your chosen Travel Arrangements, you must pay the full amount at the time of booking. If you decide to cancel your booking, applicable cancellation fees will be charged(as set out in the Supplier/Host’s terms and conditions).
Except where otherwise advised or stated in the terms and conditions of the Supplier/Host concerned, all money you pay to us for Travel Arrangements will be held by us on behalf of the Supplier/Host concerned until we make payment to the Supplier/Host in accordance with our agreement with the Supplier/Host.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking.
7. SPECIAL REQUESTS
Any special requests must be advised to us after booking by sending an e-mail e.g. dietary requirements. This should be done in writing once a booking is confirmed. We will pass your request on to the Supplier/Host but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Host is not confirmation that the request will be met.
8. FITNESS TO TRAVEL AND MEDICAL CONDITIONS
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.
Acting reasonably, if the Supplier/Host is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Host’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Host who may cancel it and impose applicable cancellation charges, when we become aware of these details.
9. CHANGES AND CANCELLATIONS BY YOU
Any cancellation can be done online, via the Sneakout website/app, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Host will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Host of your Arrangements. The Supplier/Host will charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).
Your decision to postpone your trip or accept credit is final and refunds cannot be requested at a later date.
10. CHANGES AND CANCELLATIONS BY THE SUPPLIER/HOST
We will inform you as soon as reasonably possible if the Supplier/Host needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Host in relation to any alternative travel arrangements offered by the Supplier/Host but we will have no further liability to you.
If a trip is cancelled by your supplier/principle for any reason you are entitled to either a full refund, to move your booking to an alternative date or to convert your payment into credit. Your decision to convert your booking to account credit is final once submitted and refunds cannot be requested at a later date.
If you move your booking to a new date, your original booking terms will apply. This decision is final and refunds cannot be requested at a later date.
As the contract for your Travel Arrangements is between you and the Supplier/Host, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Host immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Host to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, please put your complaint in writing and send it to firstname.lastname@example.org within 28 days of your return or you can rate and review the Supplier/Host online via sneakout website/app.
We will endeavour to assist in our capacity as an agent by liaising with the Supplier/Host on your behalf.
12. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. If so, for customers resident in the EEA, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
13. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the Supplier/Host and its booking conditions apply. As an agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, a review is conducted before a host is made live on our platform. Adventure providers are all certified and qualified as per the requirement of the adventure experience.
14. EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier/Host’s (s) control.
16. LAW AND JURISDICTION
These Booking Conditions are governed by Indian law and we both agree that the courts of India have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.
17. RATINGS AND STANDARDS
All ratings are average of ratings given by previous guests. These are intended to give a guide to the services and facilities you should expect from your accommodation. Furthermore, some Supplier/Hosts may provide information on the difficulty, fitness and skill requirements for your chosen Travel Arrangements. This information is intended as a guide only and you must satisfy yourself that you are capable of participating in your chosen Travel Arrangements. Standards and ratings may vary between suppliers. We cannot guarantee the accuracy of any ratings given.
18. DOCUMENTATION & INFORMATION
All descriptions and content on our website or otherwise issued by us on behalf of the Supplier/Host in question are intended to present a general idea of the services provided by the Supplier/Host. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Travel Arrangements or any other services please contact us.
20. YOUR BEHAVIOUR
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Host’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Host reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Host prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us
1. Hosting on Sneakout.
As a Host, Sneakout offers you the right to use the Sneakout Platform to share your Camping experiences, sustainable accommodation, and outdoor adventure, or other Host Service with our community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
2. Contracting with Guests.
When you accept a booking request, or receive a booking confirmation through the Sneakout Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Sneakout’s service fee (and applicable taxes) for each booking. Sneakout Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
3. Independence of Hosts
Your relationship with Sneakout is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Sneakout, except that Sneakout acts as a payment collection agent as described in the Payments Terms. Sneakout does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
4. Creating and Managing Your Listing.
The Sneakout Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, any other applicable charges, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may maintain multiple listings on the sneakout platform.
5. Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6. Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Sneakout Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Sneakout Platform in violation of our Off-Platform Policy.
7. Hosting as a Team or Organisation.
If you work with a co-host or host as part of a team, business, or other organisation, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorised to enter into contracts for and bind your team, business or other organisation, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct Sneakout to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorised to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Sneakout Platform, offering Host Services, or any interaction you have with other members whether in person or online. You agree that you have had the opportunity to investigate the Sneakout Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Sneakout.
9. Cancellations, Travel Issues, and Booking Modifications.
9.1 Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our terms & conditions or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Sneakout exceeds your payout, Sneakout (via Razorpay Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Sneakout’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.
9.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Sneakout Platform or direct Sneakout customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
10.1 Host Taxes.
As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes.
10.2 Collection and Remittance by Sneakout.
In jurisdictions where Sneakout facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorise Sneakout to collect Taxes on your behalf, and/or to remit such Taxes to the Government. Any Taxes that are collected and/or remitted by Sneakout are identified to Members on their transaction records, as applicable. Sneakout may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Sneakout is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
10.3 Tax Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Sneakout may issue on your behalf invoices or similar documentation for GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organisations.