Service Agreement relating to the use of Booksure™ agreed between : Magus
Ventures (Pty) Ltd trading as Booksure™ and (“the Operator”)
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”).
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 own website.
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 own website.
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
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 can not and will not confirm any user’s identity or purported
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
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
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.
page. All users of this Site agree to abide by the terms set forth
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 establishment or is duly authorized 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. Operators will be entitled to implement Booksure™ on their existing website,
giving them a secure on-line reservation and payment service that integrates with
the design of their website.
3. Clients will have the choice to pay either a predetermined deposit amount or the full amount due in
respect of their booking. Booksure ™ will deduct transaction costs(details
of which are set out in clause 6) and pay the balance of the payment to the Operator.
The deposit percentage is to be specified by the Operator but cannot be less than
50 %. The deposit percentage is updateable in the Operator’s profile but can be overwritten
by the Operator at 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 balance outstanding directly from the Client by sending an online reminder or during their stay at the Operator’s establishment.
4. 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.
5. 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.
6. Booksure™’s online payment facility
6.1 Credit card payments made to the Operator by the Operator’s Clients are processed
via Booksure™’s online payment facility.
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 authorize electronic payment to Booksure™. A successful authorization
will result in a debit transaction to the Client’s bank. The Client’s bank or financial
institution may also reject the request for authorization in which case the payment
will not proceed.
If the Operator has enabled real-time bookings on his Booksure account and has, in addition to this,
enabled 24 hour authorization,
a successful authorization 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
authorized to accept the booking request. Upon acceptance of the booking request
by the Operator, the Client’s bank will be debited with the transaction amount.
Should the 24hour period lapse without acceptance of the booking request, or should
the Operator decline the booking request, the Authorization 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 charges due have been deducted. The
payment to the Operator will only take place 24 hours after the guest has checked-in
at the Operator’s venue and the funds have cleared in the bank account of Magus Ventures (Pty) Ltd.
6.2. 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:
- 3.00% + VAT on VISA payments
- 3.00% + VAT on Master Card payments
The normal VAT rate will apply on the above fees.
6.3. 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.
7. Rates, Availability and Specials
It is the Operator’s sole responsibility to keep his/her rates, availability and specials
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 specials being displayed on the Booksure™ site.
8.1 From time to time, after a payment has been verified and processed as described
in paragraph 6 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
8.2 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.
8.3 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.
8.4 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
Client 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.
8.5 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 establishment, to make
his/her credit card and the necessary identity document and signature available.
8.6 Should a chargeback not be reversed, resulting in the Magus Ventures (Pty) Ltd
Bank account being debited, the Operator will be charged an administrative fee.
8.7 Whenever a chargeback occurs, the Operator must pay Magus Ventures (Pty) Ltd
the entire amount of the charge back (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).
8.8 Magus Ventures (Pty) Ltd reserves the right to, from time to time, request the
above mentioned documentation to ensure that establishments are 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.
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 either electronically or via fax. Magus Ventures (Pty)
Ltd will only refund the Client into the same credit card account that was used
in the original Booksure™ transaction. Magus Ventures (Pty) Ltd reserves
the right to refuse to process a refund. All refunds processed are subject to a refund fee.
10. Membership Fees
Apart from the transaction cost incurred when using the
Booksure™ online payment facility, there will be no monthly or annual fee
payable for the chosen Booksure™ package.
11. 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.
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
13. 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 unauthorized 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
any other reference to Booksure™ from its website 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.
In the unlikely event that an Operator/Client/User is unable to use the Booksure™
booking system due to problems with the Magus Ventures (Pty) Ltd server, or their internet,
Magus Ventures (Pty) Ltd will use its best efforts to ensure that any problems that
may arise will be resolved as quickly as possible. Magus Ventures (Pty) Ltd
however cannot be held responsible for any loss of revenue or reputational damage
that may result from any such problem.
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 and Reviews, 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.
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 utilizing the services provided by Magus Ventures (Pty) Ltd.
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