1. Definitions
Advance: funds disbursed by Skybookings (Pty) Ltd (“Skybookings”) to the Organiser for a named Event.
Fee: once-off fixed charge disclosed in the Offer.
Repayment Amount: Advance + Fee.
Holdback Rate: fixed % of gross ticket receipts deducted per ticket until the Repayment Amount is recovered.
Event: the specific event linked to the Advance.
Organiser: the contracting person or entity.
Regulatory context (for clarity only): This product is intended as a purchase of/charge over event receivables with a fixed fee, not a credit agreement charging interest. Whether the National Credit Act, 34 of 2005 (“NCA”) applies depends on legal characterisation and parties involved.
2. Offer, Eligibility and Acceptance
2.1 Skybookings may make Offers in its sole discretion based on historic sales, projections and risk.
2.2 An Offer lapses if not accepted in the app/portal within the stated validity period.
2.3 The Organiser warrants it controls the Event and its ticketing and will route all ticket sales for the Event through Skybookings until the Repayment Amount is settled.
2.4 Acceptance may be concluded electronically; electronic signatures are valid under ECTA, save where an advanced e-signature is prescribed (not applicable here).
3. Advance, Fee and VAT
3.1 Skybookings will disclose the Advance, Fee, Holdback Rate and any other taxes/charges in the Offer.
3.2 The Fee is fixed, once-off and not “interest”.
3.3 If VAT applies, amounts quoted are VAT-exclusive unless stated otherwise and VAT will be added where applicable.
4. Repayment and Collections (Option A: per-ticket deduction)
4.1 Skybookings will deduct the Holdback Rate from each ticket receipt for the Event before any payout to the Organiser, until the Repayment Amount is recovered.
4.2 The standard platform fees, affiliate fees and any other enforced fees will apply on all ticket sales throughout the advance.
4.2 After full recovery, 100% of further Event ticket receipts flow to the Organiser (subject to standard platform fees).
4.3 If sales materially underperform, Skybookings may (acting reasonably) adjust the Holdback Rate to achieve recovery before final settlement.
4.4 Skybookings may hold Event proceeds in a settlement account until reconciliation, chargebacks and refunds windows have passed in line with card scheme and acquiring-bank rules.
5. Shortfalls, Set-off and Security
5.1 If Event receipts are insufficient to recover the Repayment Amount by final settlement, the outstanding balance is immediately due and payable.
5.2 Skybookings may: (a) deduct from any Event settlement; (b) set-off against proceeds of the Organiser’s other/future events with Skybookings; (c) debit the nominated bank account or card on file; and/or (d) enforce any personal or director’s guarantees (if obtained).
5.3 Any agreed guarantee remains in force until the Repayment Amount is paid in full.
Note: If the arrangement were ever classified as “credit” under the NCA, statutory fee caps, disclosure duties, reckless-credit rules and in-duplum limits could apply. This clause does not concede applicability; it preserves compliance if a court/Regulator deems the NCA to apply.
6. Cancellations, Postponements and Refunds
6.1 If the Event is cancelled, postponed or materially changed, the Repayment Amount becomes immediately due.
6.2 Refunds/chargebacks reduce net Event receipts. Skybookings may withhold or re-route payouts and increase deductions to secure recovery, consistent with card scheme and acquiring-bank rules.
6.3 The Organiser indemnifies Skybookings against loss arising from Event-related refunds, chargebacks and disputes (except to the extent caused by Skybookings’ wilful misconduct or gross negligence).
7. Exclusivity and No Diversion
7.1 Until the Repayment Amount is recovered, the Organiser must not sell tickets for the Event via any channel other than Skybookings or divert/misreport receipts.
7.2 Breach is a material breach and triggers immediate liability for the then-outstanding Repayment Amount.
8. Payout Controls; Payments Compliance
8.1 Skybookings may suspend, delay or net-off payouts to effect clause 4 and manage chargeback/refund risk.
8.2 The Organiser must comply with card-acceptance rules and any acquirer mandates notified via Skybookings.
8.3 Skybookings participates in SA payment system frameworks (NPS Act ecosystem; PASA rules) via its acquiring and settlement partners; the Organiser must not take steps that would cause Skybookings or its partners to breach such rules.
9. POPIA (Data Protection)
9.1 Skybookings is a Responsible Party for personal information it processes and will comply with POPIA’s lawful-processing conditions.
9.2 The Organiser undertakes to share only necessary personal information and to comply with POPIA when collecting data from attendees; where Skybookings acts as an Operator on the Organiser’s instructions, the Organiser will provide documented processing instructions and Skybookings will implement appropriate security measures and notify the Organiser of any confirmed data breach without undue delay.
10. Consumer Protection Act (CPA) Disclosure
10.1 Where the Organiser is a juristic person with asset value/annual turnover ≥ R2,000,000 at the time of the transaction, the CPA does not apply. If the Organiser is below that threshold or is a natural person, applicable CPA protections may apply to the platform-services portion of the relationship.
10.2 This clause does not waive any non-excludable rights.
11. Defaults and Remedies
11.1 Events of Default include: non-payment; diversion/misreporting; breach of exclusivity; insolvency events; fraud or unlawful conduct.
11.2 On Default, Skybookings may accelerate amounts due, suspend services, report delinquency as allowed by law, cede claims to a funder, and institute recovery proceedings.
11.3 Enforcement costs (including attorney-and-own-client costs) are for the Organiser’s account.
12. Liability
Skybookings is not liable for indirect or consequential loss. Aggregate liability is capped at the Advance actually disbursed, save for wilful misconduct or gross negligence.
13. Cession/Assignment
Skybookings may cede/assign its rights or delegate performance to funders or processing partners on notice; obligations to the Organiser remain materially the same.
14. Governing Law; Jurisdiction; Venue
These T&Cs are governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg.
15. General
15.1 Entire agreement: the Offer + these T&Cs + platform terms.
15.2 Variation: by written notice in the portal/app (prospective only for new Advances).
15.3 Severability: unlawful terms are severed without affecting the remainder.
15.4 Notices: via the app/portal and the Organiser’s nominated email.
