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29 Oct 2010

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Bookvictoriafalls.com launches

15 Oct 2010

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Terms and Conditions

1. DISCLAIMER

  1. The BookVictoriaFalls website is owned and operated by Kasomu Travel Experiences.
  2. By using this site to make a booking with an establishment or owner the customer agrees and acknowledges that:-
    1. The BookVictoriaFalls website operates as a guide to enable users to find, book and pay for, accommodation, activities and tours. BookVictoriaFalls thus acts as an advertising medium for the establishment and facilitates payments through the use of a payment gateway.
    2. The contract between the Establishment and the customer is based on an offer by the establishment which is accepted by the guest and therefore exists legally between these two parties. BookVictoriaFalls’ responsibility with regard to any transaction is to assist both parties to agree on an accommodation booking, to receive payment from the guest of the required amount, to pass such payment to the owner after deducting agreed charges and to provide the guest with a reservation reference number, if applicable.
    3. BookVictoriaFalls does not give and is not responsible for dispensing information related to bookings and facilities at the Establishments and is not liable to provide information pertaining to but not limited to health and health risks, environmental or political hazards or any other information related in any way to bookings at the Establishment/Owners

2. OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property including but not limited to information and systems are the property of BookVictoriaFalls.

3. INDEMNITY

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither BookVictoriaFalls nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, BookVictoriaFalls makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to info@bookvictoriafalls.com

The Establishment and the Customer indemnify and keep indemnified the Client from and against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Client or the Establishment resulting from a breach of these terms and conditions.

4. TERMS OF SERVICE

This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user´s individual requirements. It is the sole responsibility of the user to satisfy himself prior to entering into any agreement, that the service available from and through this web site will meet the user´s individual requirements and be compatible with the user´s hardware and/or software.

  1. Information, ideas and opinions expressed on this site are not professional or legal advice of BookVictoriaFalls. Users of this website are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
  2. The establishment owner and/or operator agrees that guest comments can be published on the establishment listing by guests who have stayed at the establishment.
  3. The establishment owner and BookVictoriaFalls agree that BookVictoriaFalls is not liable or responsible in any way for the verification or accuracy of any guest comments made; and Indemnifies BookVictoriaFalls against any claims that may arise from guest comments published on the site.
  4. Neither BookVictoriaFalls nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any service sold by this web site.
  5. BookVictoriaFalls makes no representation regarding any other web sites that may be accessed through this service and accordingly accepts no responsibility for the content or use of such web sites or information contained therein. In addition, it shall not be liable to any party for any form of loss or damage, consequential or otherwise, incurred as a result of any use or reliance on any information contained on such a web site or any web sites which can be accessed through this web site.

5. PAYMENT METHODS

  1. Credit card payments.
    1. The BookVictoriaFalls website uses a secure operating system and interfaces with a transaction portal which uses a 128 bit cypher on SSL (Secure Socket Layer) (encrypted communication) for security purposes. The transaction portal is operated by PayPal in behalf of First National Bank of South Africa Limited. All credit card payment processing will be done through PayPal secure payment gateway.
      At the time of making the booking, the transaction details are presented to the bank and an authorization is obtained for the amount of the transaction.
    2. Payment is only collected when a quotation has been received from the establishment, while the quotation has not yet expired and when the guest accepts the quotation. Once payment has been made against a quotation, the offer and its acceptance become a binding contract. Following acceptance the establishment is required to send confirmation of the booking.
    3. When registering or logging on to PayPal they verify that your internet browser is running Secure Sockets Layer 3.0 (SSL) or higher. Your information is protected by SSL with an encryption key length of 168 bits (the highest level commercially available). Your personal information is stored on PayPal servers and heavily guarded, both physically and electronically. To further shield your credit card and bank numbers, PayPal does not directly connect their firewall-protected servers to the internet.
    4. Customer details separated from card details:
      Credit card details are not stored on the BookVictoriaFalls website and transactions occur in separate places for security reasons.
  2. Direct deposits.
    1. Such payments are required to be made at least two days before the expiry of a quotation, in order to allow sufficient time for the payment to clear the BookVictoriaFalls bank account. The quotation (offer) is deemed accepted when the guest payment is received in BookVictoriaFalls bank account within the validity period.
    2. If the client selects the pay via bank deposit or transfer button, instructions will be given on how to deposit or transfer money into the BookVictoriaFalls bank account. Clients must pay the exact amount and will be provided with a reference number for use on the deposit slip.

6. DELIVERY

  1. The user of the website makes an availability enquiry of the establishment. If the establishment has accommodation available during the required period a quotation is sent to the user. This constitutes an offer by the establishment, which can be accepted or declined. If the offer is accepted, the user is directed to the payment page of the website, however acceptance is only finalised when payment is made. The offer has an expiry date specified by the owner and is thus open for acceptance by the guest during the period prior to the expiry date. Acceptance by the guest prior to the offer expiring constitutes a binding contract between the owner and the guest.
  2. Payment is made either of the minimum deposit required or the full amount. In certain circumstances the minimum deposit is equal to the full amount of the quotation.
  3. As soon as payment has cleared the BookVictoriaFalls bank account, delivery has taken place on the part of the guest and the establishment is required to confirm the reservation and a reservation confirmation reference number is issued. Delivery on the part of the establishment takes place when the guest has physically taken up the accommodation reserved.
  4. Establishments may apply cancellation policies to any cancellation by guests and these are clearly displayed on every quotation. Cancellation policies will have implications for refunds and these are dealt with in clause 4.
  5. Value added tax at 14% may be charged by VAT registered establishments on bookings by South African residents.

7. REFUNDS AND RETURNS

  1. Bookings will only be processed once funds are CLEARED in the BookVictoriaFalls bank account.

    Transactions are accepted as completed when BookVictoriaFalls has been paid the required amount in full for the relevant booking. The required amount may be a deposit or the full amount of the booking. The required amount will always be specified on the website and in communications with the user. The owner will be responsible for any refund required by the client once the funds have been paid to the owner by BookVictoriaFalls.

    In the event of a refund being required from an establishment for any reason, the establishment undertakes to refund BookVictoriaFalls within 36 hours of being requested to do so.

    As a deterrent to fraud, refunds for amounts originally paid via BookVictoriaFalls by credit card must be refunded to BookVictoriaFalls so that the refund can be made to the credit card that was used for the original payment. The establishment owner also acknowledges that with the exception of the stipulations detailed in clause 4.3, in the event of a fraudulent credit card payment, bank deposit or reversal of the payment to BookVictoriaFalls for any reason by the bank or any other agency, BookVictoriaFalls’ responsibility is limited to the repayment of any commissions it has received in respect of the booking and the establishment is responsible for the repayment of any payments it has received in respect of the booking, irrespective of the cancellation policy the establishment may have. These amounts are to be immediately refunded to BookVictoriaFalls on notification by BookVictoriaFalls to the establishment that the payment(s)have been reversed out of BookVictoriaFalls bank account.

    In the case of any amounts owing to BookVictoriaFalls by the establishment, which remain unpaid for a period of 30 days or more, the establishment agrees to pay a collection fee of 25% excluding any other costs that may be associated with the recovery of the debt.  The outstanding amount owed to BookVictoriaFalls will accrue interest at the prevailing bank rate from the date the debt falls due.

  2. Bookings through this website are subject to any Cancellation policy that may be stipulated by the establishment.  Where a direct booking is made via a BookVictoriaFalls partner, guests should ensure they are familiar with the Establishment and/or partner cancellation policy.

  3. BookVictoriaFalls retains a non-refundable booking commission between 10 and 30% excl VAT of the total booking value for facilitating the booking. This amount is NOT payable in addition to the stipulated deposit, but is deducted from it before the deposit is paid to the establishment and the user will NOT be liable to pay any amount in addition to the amount specified in the quotation, except for extra items or services purchased from the establishment. However, by using this service, the user acknowledges that BookVictoriaFalls is entitled to retain this commission in the event of a booking cancellation. In addition, in the event that an establishment retains a deposit payment in terms of its cancellation policy, then under no circumstances shall BookVictoriaFalls be held liable for repayment thereof. An offer made to a Guest by an Establishment is binding for the validity period stated in that offer. Should the guest make payment to BookVictoriaFalls within that period and the Establishment either refuses to honour or accept the booking or subsequently cancels the booking for any reason, irrespective of whether the Establishment has received payment from BookVictoriaFalls or not, the Establishment will be deemed to be in breach of the offer made and will be immediately liable for the payment of the standard commission to BookVictoriaFalls. By loading their Establishment details onto this website the Establishment unconditionally expresses their full agreement to the above.

  4. The application of the booking commission is important to funding the development and running costs of the website. Any attempt to pass email addresses, telephone numbers or other contact details by owners or guests to avoid paying commission is expressly prohibited. Any statement made by the establishment suggesting that the guest should go directly to the establishment’s own website is also strictly forbidden.  In the event that an Establishment breaches this clause 4.4, the Establishment will be liable to a penalty equal to the commission BookVictoriaFalls would have earned on the transaction.

  5. By responding to the guest either with a quote or a reply, the establishment accepts that the introduction has been made by BookVictoriaFalls and undertakes to pay BookVictoriaFalls’ standard commission in the event that a booking is made by the guest either through BookVictoriaFalls or, directly with the establishment or, via any other 3rd party.

  6. BookVictoriaFalls is not liable for incorrect rates specified on the web site and will not be obliged to supply bookings at those rates. The quotation supplied by the establishment is the responsibility of the establishment.

8. GOVERNING LAW

  1. This site is managed, controlled and operated from the Republic of South Africa and is therefore governed by South African law.

    All parties hereby irrevocably submit to the jurisdicition of the High Court of South Africa, Gauteng Division for the purpose of this Agreement or any matter in connection therewith howsoever arising.

9. PRIVACY

  1. BookVictoriaFalls shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

10. SECURITY

  1. BookVictoriaFalls shall take all reasonable steps to protect the personal information of every user on the system and may store, notwithstanding other information, the following; name and surname, birth date, e-mail address, telephone numbers, cellular numbers, physical addresses, other personal information including surfing habits, IP numbers, username and passwords for the system booking and client preferences and any other information the user submits to this website. BookVictoriaFalls only stores this information when a user has consented to these terms and conditions. Users are required, in every instance, to specifically indicate their consent before they are able to send an availability enquiry or a booking to an establishment. Personal information regarding establishments listed on the website is stored on the system when the owner registers. Owners are required, in every instance, to specifically indicate their consent to these terms and conditions before they are able to send a quotation in response to a guests booking enquiry.
  2. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that BookVictoriaFalls suffers any damage or loss.
  3. Users may click on the PayPal’s website (https://www.paypal.com/za/cgi-bin/webscr?cmd=_home-general&nav=0) to view their security certificate .

11. GENERAL INFORMATION

  1. Corporate structure
    BookVictoriaFalls is a closed corporation registered as Kasomu Travel Experiences no 2010/148873/23

  2. Currency and merchant outlet country
    Transaction Currency is either in USD (United States Dollar) or ZAR (South African Rand). The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

  3. Legal
    Users may contact BookVictoriaFalls by sending an e-mail to info@bookvictoriafalls.com or by using the contact us button on the website, www.bookvictoriafalls.com.

    Users agree that BookVictoriaFalls may send them newsletters and emails from time to time (Opt In) and BookVictoriaFalls agrees to provide an unsubscribe button on them if guests wish to unsubscribe (Opt Out).

    BookVictoriaFalls may use all information submitted to further promote it and its partners’ websites and or services.

    BookVictoriaFalls may, in its sole discretion, change this agreement or any part thereof at any time without notice.

  4. Notices
    BookVictoriaFalls chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 2 Montana Rd, Camps Bay, South Africa.

  5. Dispute Resolution
    In the event of a dispute between the guest and the owner, BookVictoriaFalls is not obliged to assist in resolving such dispute. BookVictoriaFalls does not, underwrite or guarantee bookings between guest and establishment or the accuracy of the information portrayed by the establishment or in its quote. In the event of any dispute between guest and establishment, BookVictoriaFalls will not be liable to either party for any claims, damages or refunds of any type.