Service Agreement

Service Agreement relating to the use of Booksure™ agreed between: Magus Ventures (Pty) Ltd trading as Booksure™ and (“the Operator”)

DEFINITIONS

Booksure™: Incorporates all software packages, modules and services developed and designed by Magus Ventures (Pty) Ltd.
Operator: An individual or entity making use of Booksure™.
Magus Ventures (Pty) Ltd: Including the directors and employees (Hereinafter referred to as “Us”, “Our”, “We”).
Site: www.booksure.com
Terms: Terms of Use as indicated in this document.
Client: A person or persons making a reservation via the Site.
User: A person or persons making use of the Site.
Enquiry: An enquiry made by a Client via the Operator’s Booksure booking page.
Quotation: An online quotation submitted by the Operator specifying the price to be charged for the requested accommodation.
Reservation: A reservation is confirmed when a pre-determined deposit has been paid by the Client.

By using this Site or any Service offered by this Site, you agree to comply with, and be legally bound by the following terms and conditions. This includes the use of a Service via the Operator’s Booksure booking page. If you do not agree to these Terms, please do not continue to use this Site. It is the Operator’s responsibility to regularly review these terms. Magus Ventures (Pty) Ltd reserves the right to revise these Terms and upload changes to these Terms. By using this Site, the Operator agrees to have accepted the revised Terms.

Use of the Site

Booksure™ facilitates communication between Operators and prospective and existing Clients. Magus Ventures (Pty) Ltd is in no way able to influence, negotiate or mediate between these parties should a dispute arise.

Magus Ventures (Pty) Ltd cannot be held liable should there be a misrepresentation by the Operator of the type of services, amenities or accommodation facilities offered.

Magus Ventures (Pty) Ltd cannot and will not confirm any user’s identity or purported identity.

By using this Site or any Service offered by this Site, you agree to not:

• illegally copy, store, use, alter, erase, impair, interfere with or attempt to interfere with our software, data and network resources;
• use our Services to assist in the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the communication facilities offered by Booksure™;
• impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
• engage in any practice or conduct that is unlawful under any laws applicable to you;
• use our Services to transmit, distribute, post or submit any information concerning any other person without their consent;
• register for a Service on behalf of an individual other than yourself;
• offer accommodation that you do not yourself own or rent (excluding the situation in which you are listing accommodation in the capacity of a rental or listing agent on behalf of a third-party property owner, in which case you must be in possession of a valid mandate from the owner);
• impersonate any person or entity, or falsify or misrepresent yourself or your affiliation with any person or entity;
• submit content that is inaccurate or misleading;
• submit content that is hateful, threatening, contains profanities, is vulgar or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.

Magus Ventures (Pty) Ltd reserves the right to cancel a user account or take other appropriate actions at its sole discretion in response to any conduct deemed inappropriate.

Privacy Policy

The Privacy Policy of the site is available on the Privacy Policy page. All users of this Site agree to abide by the terms set forth in the Privacy Policy.

Online Signup

The completion of the Booksure™ online signup does not guarantee a successful application. Magus Ventures (Pty) Ltd has the right to, at its own discretion, refuse an applicant. By completing the online signup process, the applicant acknowledges that he/she is either the owner of the accommodation property or is duly authorised to act on behalf of the owner.

Booksure™ Reservation and Payment System including all modules incorporated in this Service

1. The Operator agrees to use the Booksure™ Online Reservation and Payment System only for its intended purposes. The Operator will not use this system for any other business not pertaining to accommodation.

2. Clients will have the choice to pay either a pre-determined deposit amount or the full amount due in respect of their booking. Upon receipt of any payment, Booksure™ will deduct transaction costs (details of which are set out in Clause 5) and pay the balance of the payment to the Operator. The deposit percentage is to be specified by the Operator. The deposit percentage is updateable in the Operator’s profile but can be overwritten by the Operator at the time of quoting. If the Client pays the deposit only, Booksure™ is not responsible for the collection of the balance of the amount due. The Operator must collect the outstanding balance directly from the Client by sending a payment reminder or during their stay at the Operator’s property.

3. A reservation constitutes a binding agreement between the Operator and the Client. The Operator agrees to not alter the price once accepted by the Client unless additional services are requested by the Client or else the booking dates, rooms requested or number of persons arriving are changed causing the accepted price to differ.

4. A quotation for accommodation is legally binding for a period from quotation until the quotation expires. It is the Operator’s responsibility to honour the quotation and to take all steps necessary to prevent overbooking.

5. Booksure™’s online payment facility
5.1 Credit card payments made to the Operator by the Operator’s Clients are processed via Booksure™’s online payment facility.

In each such case:

• The Client electronically accepts the quotation or, in the case of a real-time booking module, makes a reservation. The Operator could also be handed the Client's credit card in order to make a payment on his/her behalf.
• After the credit card details have been entered, Booksure™ sends the payment request through 3D Secure verification. After successful 3D verification, the payment request is sent through to the payment gateway. Initial credit card verification is done by the payment gateway.
• The Client’s bank or financial institution (“the credit provider”) will verify the transaction and authorise electronic payment to Booksure™. A successful authorisation will result in a debit transaction to the Client’s bank account. The Client’s bank or financial institution may also reject the request for authorisation in which case the payment will not proceed.
• If the Operator has enabled real-time bookings on their Booksure account and has, in addition to this, enabled 24-hour authorisation, a successful authorisation will result in the Operator being notified of the booking request. The Operator will have 24 hours from the date and time that the transaction was authorised to accept the booking request. Upon acceptance of the booking request by the Operator, the Client’s bank account will be debited with the transaction amount. Should the 24 hour period lapse without acceptance of the booking request, or should the Operator decline the booking request, the authorisation will be reversed and the booking request will be cancelled.
• Booksure™ has no control over the acceptance or rejection of payments made via the online payment gateway. This will be determined by both the merchant bank and the issuing bank.
• Balance of payment due to the Operator will be forwarded electronically to the Operator after all agreed transaction costs due have been deducted. The payment to the Operator will only take place once the funds have cleared in the bank account of Magus Ventures (Pty) Ltd.

5.2. Every payment processed via the Booksure™’s online payment facility will incur a transaction cost. The transaction cost is calculated as a percentage of the amount processed through Booksure™, and is calculated as follows:

• 3.48% + VAT on VISA payments
• 3.48% + VAT on Master Card payments
• 3.90% + VAT on Master Card Global Wholesale Travel virtual card payments
• 4.00% + VAT on American Express payments
• 5.00% + VAT on Diners Club payments

The normal VAT rate will apply on the above fees.

The Operator will be charged an additional transaction fee of 0.89% incl VAT of the transaction amount for all transactions where the transaction was not authenticated by 3D secure. Such transactions will be billed to the Operator monthly.

5.3. In an effort to reduce the risk of credit card fraud, Booksure™ online payment facility makes use of 3D Secure. There are currently three versions of 3D Secure implemented: VISA’s ‘Verified by Visa’, MasterCard’s Securecode and American Express SafeKey. There is no 3D Secure for Diners Club cards.

6. Rates, Availability and Specials
It is the Operator’s sole responsibility to keep his/her rates, availability and promotions on the Booksure™ Site up to date. Magus Ventures (Pty) Ltd will not be held liable should an Operator suffer loss of income or lose business due to incorrect rates, availability or promotions being displayed on the Booksure™ site.

7. Chargebacks
7.1 From time to time, after a payment has been verified and processed as described in Clause 5 above, the Client’s credit provider will reverse or “charge back” the payment. In effect, the entire payment is taken back electronically from Magus Ventures (Pty) Ltd by the credit provider without prior notification to or the consent of Magus Ventures (Pty) Ltd. There is nothing which Magus Ventures (Pty) Ltd can do to prevent such payment reversals, which are referred to in this agreement as “chargebacks”.

7.2 The Operator agrees to bear the entire risk in respect of every chargeback, regardless of the credit provider’s reasons for implementing it, whether it be done on the Client’s instructions because of alleged mal performance by the Operator, whether it be because the credit card was stolen or had expired, or otherwise for any reason whatsoever.

7.3 In the event of a chargeback request, Magus Ventures (Pty) Ltd will request that the Operator provide all documentation pertaining to the charged back transaction. Magus Ventures (Pty) Ltd will forward the documentation on to the relevant bank in an attempt to persuade the credit provider to reverse the chargeback.

7.4 In order to minimise the risk of chargebacks occurring, and in order to increase the Operator’s prospects of proceeding directly against the Client to recover its loss in the case of a chargeback, it is a condition of this agreement that the Operator takes at least the following precautions :

• The Operator must check the “valid date” on the credit card, to ensure that the card has not expired.
• The Operator must obtain a signature from the Cardholder on the generated payment receipt and ensure that the signature corresponds to the signature of the Cardholder on the back of the card.
• The Operator must request the Client to provide proof of identity in the form of a passport, driver’s license or identity document, and must make and retain a photocopy.

7.5 These precautions should be taken even in the case of a Client who, before using or checking out from the accommodation provided by the Operator, has already given electronic authority for payment to his/her credit provider. Such a Client should nonetheless be asked, when checking in at the Operator’s property, to make his/her credit card and the necessary identity document and signature available.

7.6 Should a chargeback not be reversed, resulting in the Magus Ventures (Pty) Ltd bank account being debited, the Operator will be charged an administrative chargeback fee.

7.7 Whenever a chargeback occurs, the Operator must pay Magus Ventures (Pty) Ltd the entire amount of the chargeback (including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd) within seven (7) days after being called upon by Magus Ventures (Pty) Ltd in writing (whether by e-mail or otherwise) to do so. In the event that the Operator fails to pay to Magus Ventures (Pty) Ltd the entire amount of the chargeback (including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd) within seven (7) days after being called upon by Magus Ventures (Pty) Ltd in writing to do so, the Operator herewith unconditionally authorises Magus Ventures (Pty) Ltd to deduct chargeback debits owing from future Booksure™ deposits. Alternatively, the Operator herewith unconditionally authorises Magus Ventures (Pty) Ltd to debit the Operator's bank account with the entire amount of the chargeback (including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd).

7.8 Magus Ventures (Pty) Ltd reserves the right to, from time to time, request the above-mentioned documentation to ensure that the Operator is adhering to procedures or to verify certain transactions. Failure to produce the correct documentation on request by Magus Ventures (Pty) Ltd will result in the payment amount being withheld from the Operator until the Operator forwards adequate documentation onto Magus Ventures (Pty) Ltd.

8. Refunds
8.1 The Operator may call on Magus Ventures (Pty) Ltd to process a refund to a Client. Magus Ventures (Pty) Ltd can only process a refund on receipt of a completed refund form received either electronically or via WhatsApp.

8.2 Magus Ventures (Pty) Ltd will only refund the Client when the refund relates to a previously completed payment and will only be refunded into the same credit card used to carry out the original payment transaction.

8.3 The amount to be refunded to the Client may not exceed the amount of the original payment transaction. All refunds processed are subject to a refund processing fee.

8.4 The Operator must ensure that Magus Ventures (Pty) Ltd receives the full refund amount, including any applicable refund processing fees before the refund will be processed and paid to the Client. This payment can be made either via bank transfer to Magus Ventures (Pty) Ltd’s designated account or by allowing Magus Ventures (Pty) Ltd to withhold the corresponding amount from any future onpayments due to the Operator. The Operator hereby irrevocably authorises Magus Ventures (Pty) Ltd to deduct the refund amount and associated fees from such future Booksure™ onpayments as necessary.

9. Membership Fees
9.1 The Operator shall pay a monthly membership fee to Magus Ventures (Pty) Ltd, determined in accordance with the selected subscription package. This fee is payable in advance, either by debit order or credit card, as per the payment method selected by the Operator during registration or subsequently amended in writing.

Should the Operator upgrade, downgrade, or otherwise amend the selected subscription package, the applicable fee will be reviewed and adjusted accordingly.

All membership fees are non-refundable, including in circumstances where the Operator’s membership is terminated, whether voluntarily by the Operator or by Magus Ventures (Pty) Ltd in accordance with these terms and conditions.

9.2 The Operator acknowledges and agrees that transactions not authenticated via 3D Secure protocols shall attract an additional transaction fee. These fees will be calculated and invoiced monthly.

9.3 Magus Ventures (Pty) Ltd reserves the right to amend its membership or transaction fee structure from time to time. Any such amendments shall be communicated to the Operator in writing.

9.4 The Operator hereby consents to receive all invoices from Magus Ventures (Pty) Ltd via email to the email address provided upon registration, or any updated email address subsequently provided in writing.

9.5 The Operator may not add additional accommodation properties to one subscription package, without the consent of or being advised to do so by Magus Ventures (Pty) Ltd. Each additional property will be regarded as a separate subscription package.

9.6 Failure to make timely payment may, at Magus Ventures (Pty) Ltd’s sole discretion, result in:
a) the accrual of interest on the outstanding amount at a rate of 2% (two percent) per month, compounded monthly in arrears;
b) the suspension or termination of access to services until such time as full payment has been received; and
c) the Operator being liable for any and all costs incurred by Magus Ventures (Pty) Ltd in recovering unpaid fees, including legal fees (on an attorney-and-own-client scale) and collection charges.

9.7 In the event that any membership fees, transaction fees, or other amounts owing by the Operator to Magus Ventures (Pty) Ltd remain unpaid, the Operator hereby irrevocably authorises Magus Ventures (Pty) Ltd to deduct such outstanding amounts from any future onpayments or settlements due to the Operator under this Agreement. This includes, but is not limited to, amounts payable to the Operator in respect of processed transactions or any other funds held on behalf of the Operator. The Operator acknowledges and agrees that such deductions may be applied without further notice, and shall be deemed a lawful and valid method of settlement of any overdue obligations owed to Magus Ventures (Pty) Ltd.

9.8 Any dispute relating to an invoice must be raised by the Operator in writing within 7 (seven) days of receipt thereof. In the absence of such notice, the invoice shall be deemed accepted. All undisputed portions of an invoice remain payable in accordance with the standard payment terms.

9.9 Additional property fees for Property Managers and Rental Agents
Operators who are Property Managers or Rental Agents acknowledge and agree that the standard monthly membership fee includes access for up to ten (10) accommodation properties only. Should such Operators list more than ten (10) properties under their account, an additional monthly fee shall apply for each property from the eleventh (11th) property onwards. The applicable per property fee shall be determined by Magus Ventures (Pty) Ltd and communicated in writing. These additional fees are payable in advance and subject to the same payment terms and conditions outlined in clause 9.1.

10. Cancellation of Reservation
If a Booksure™ reservation is cancelled, the cancellation terms indicated by the Operator will apply. It is the Operator’s sole responsibility to keep his/her cancellation terms as displayed on the Booksure™ Site up to date. Booksure™ will not be held liable should an Operator fail to honour his/her cancellation terms. The Operator must arrange to reimburse the Client any fees due as per the Operator’s cancellation terms.

11. Overbooking
In the event of non-availability of accommodation, due to overbooking or any other unforeseen circumstance, the Operator will provide the Client with substitute accommodation of the same or higher quality at the Operator’s own expense. It is the Operator’s sole responsibility to keep his/her booking calendar and room availability on the Booksure™ Site up to date. Magus Ventures (Pty) Ltd will not be held liable should an Operator suffer loss of any nature or lose business due to overbooking.

12. Support Hours
Telephonic support hours are:
Monday to Friday from 09:00am until 05:00pm.
Email support hours are:
Monday to Friday from 09:00am until 05:00pm.

Username and Password

A username and password will be generated for an Operator at the time of account activation. The confidentiality and use of his/her username and password, will be the sole responsibility of the Operator. Magus Ventures (Pty) Ltd should be notified immediately of any unauthorised use of an Operator’s username and password or any other breach of security.

Termination of Use

Magus Ventures (Pty) Ltd in its sole and absolute discretion, has the right to terminate the Operator’s use of the Booksure™ service should the Operator breach any of the terms and conditions of this agreement or for any other reason deemed severe enough for Magus Ventures (Pty) Ltd to terminate the Operator’s contract.

In the event that an Operator decides to stop using the Booksure™ system, the Operator is solely responsible for removing the Booksure™ service and advising Magus Ventures (Pty) Ltd, in writing, that it is no longer using the Booksure™ system. Should Clients however continue to use the Booksure™ system, notwithstanding the Operator’s stated intention of no longer using the system, Magus Ventures (Pty) Ltd is under no obligation to forward Client details to the Operator.

Warranties and Indemnity

All payments and information received through Booksure™, will be processed using an industry standard level of security so as to minimise the risk of unauthorised disclosure or interception by third parties. Magus Ventures (Pty) Ltd cannot, however, indemnify the Operator/Client/User against any loss or harm it may suffer as a result of unauthorised disclosures or interception of payments and information.

Magus Ventures (Pty) Ltd does not guarantee that the Booksure™ Service will meet all Operator/Client/User expectations, be free of errors, or that errors reported will be corrected.

Any content or information transmitted or accessed through the Booksure™ Service, including but not limited to Newsletters, is done so at the Operator/Client/User’s own discretion and risk. Magus Ventures (Pty) Ltd takes no responsibility and assumes no liability for any content posted, stored or uploaded by an Operator/Client/User. The Operator/Client/User is solely responsible for any loss or damage arising out of the use or submission of content from the Booksure™ service.

Service interruptions and system availability
While Magus Ventures (Pty) Ltd will use its best endeavours to ensure continuous availability and optimal performance of the Booksure Service, the Operator/Client/User acknowledges that service interruptions may occur due to circumstances beyond Magus Ventures (Pty) Ltd’s control, including but not limited to issues with third-party infrastructure, internet service providers, or other external factors.

In the event of an interruption caused by a failure of Magus Ventures (Pty) Ltd’s own servers or systems, Magus Ventures (Pty) Ltd will act promptly and with reasonable skill and care to restore access and functionality as soon as reasonably possible. However, Magus Ventures (Pty) Ltd shall not be liable for any direct or indirect loss of revenue, loss of business, reputational harm, or any other consequential damages suffered by the Operator as a result of any such system outage or failure.

Scheduled maintenance
Magus Ventures (Pty) Ltd shall use reasonable efforts to provide advance notice to Operators of any scheduled maintenance, upgrades, or servicing of its hardware, software, or telecommunications systems that may temporarily affect service availability. Where possible, scheduled maintenance will be performed during off-peak hours to minimise disruption.

Force majeure
Magus Ventures (Pty) Ltd shall not be liable for any failure or delay in performance of its obligations under this Agreement, or for any loss or damage suffered by the Operator, where such failure or delay is caused by circumstances beyond the reasonable control of Magus Ventures (Pty) Ltd. These circumstances may include but are not limited to:

• Internet or telecommunications failures
• Power or other utility outages
• System upgrades or emergency maintenance
• Acts of God (including but not limited to floods, earthquakes, fires, storms)
• Epidemics, pandemics, or the outbreak of disease
• Governmental orders, legal or regulatory restrictions, or actions of authorities
• Industrial disputes, strikes, or labour disturbances
• Civil unrest, war, terrorism, or any similar disruptive events

Where feasible, Magus Ventures (Pty) Ltd will take reasonable steps to mitigate the impact of any such events and to resume normal service as soon as possible.

The Operator/Client/User herewith indemnify Magus Ventures (Pty) Ltd, its employees, shareholders and representatives in respect of any damages suffered as a result of utilising the services provided by Magus Ventures (Pty) Ltd.

Third-party services and external failures
The Operator acknowledges and agrees that Magus Ventures (Pty) Ltd shall not be held liable for any act or omission of third parties involved in the payment processing chain or supporting infrastructure. This includes, without limitation, the Card Schemes (e.g., Visa, Mastercard), acquiring banks, payment gateway service providers, internet service providers, data centres, and issuing banks.

Furthermore, Magus Ventures (Pty) Ltd shall not be responsible for any disruptions, errors, or losses caused by third-party systems, infrastructure failures, or internet/network issues.

Legal Matters

The Operator/Client/User hereby agrees and gives its consent to the Magistrate’s Court having jurisdiction in respect of any legal matter that may arise out of this agreement, even if the amount claimed by Magus Ventures (Pty) Ltd exceeds the jurisdiction of the Magistrate’s Court. Magus Ventures (Pty) Ltd shall, however, still have the right to approach a higher court if it so chooses.

Modification of Service

Magus Ventures (Pty) Ltd reserves the right to, at its own discretion and without liability to the Operator/Client/User, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any or all of our Services to Operator/Client/User.