TERMS AND CONDITIONS RELATING TO THE USE OF Booksure™
AGREED BETWEEN : MAGUS VENTURES (PTY) LIMITED trading as Booksure™
and (“the Operator”)

The use of Booksure™ by any Operator on its website is subject to the following
terms and conditions:


1. Operators will be entitled to implement Booksure™ on their existing website, giving
them a secure on-line booking service that integrates with the design of their website. They will be required to insert the Booksure™ logo with a link to www.booksure.com onto their website.

2. Customers will have the choice to pay either a predetermined deposit amount or the
full amount due in respect of their booking. Upon receipt of any payment, Magus Ventures (Pty) Ltd will deduct transaction costs (details of which are set out in clause 4) and pay the balance of the payment to the Operator. The deposit percentage is to be specified by the Operator when quoting for its services. If the customer pays the deposit only, Magus Ventures (Pty) Ltd is not responsible for the collection of the balance of the amount due. The Operator must collect the balance outstanding directly from the customer during their stay at the Operator’s establishment.

3. Certain credit card payments made to the Operator by the Operator’s customers are processed through Magus Ventures (Pty) Ltd’s online accommodation bookings facility.

In each such case :

3 (a) The customer’s bank or financial institution (“the credit provider”) makes payment electronically to Magus Ventures (Pty) Ltd. Payment is made either after the credit card has been handed to and processed by the Operator, or after the customer has given electronic authority for the payment to his/her credit provider.

3 (b) After the payment from the credit provider is verified by iVeri, Magus Ventures (Pty) Ltd’s gateway Operator, Magus Ventures (Pty) Ltd deducts its agreed charge and/or commission, and forwards the balance of the payment electronically to the Operator.

3.2 From time to time, after a payment has been verified and processed as described in paragraph 3 above, the customer’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 “charge backs”.

3.3 The Operator agrees to bear the entire risk in respect of every charge back, regardless

of the credit provider’s reasons for implementing it, whether it be done on the customer’s instructions because of alleged malperformance by the Operator, whether it be because

the credit card was stolen or had expired, or otherwise for any reason whatsoever.

3.4 Whenever a charge back occurs, the Operator must pay Magus Ventures (Pty) Ltd the entire amount of the charge back (including any charge or commission 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 charge back (including any charge or commission 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 Operators bank account with the entire amount of the chargeback.

3.5 Before calling on the Operator to refund it in respect of a charge back, Magus Ventures (Pty) Ltd must make such attempts as it deems reasonable to persuade the credit provider to reverse the charge back.

3.6 In order to minimise the risk of charge backs occurring, and in order to increase the Operator’s prospects of proceeding directly against the customer to recover its loss in the case of a charge back, it is a condition of this agreement that the operator takes at least

the following precautions :

   3.6 (a) The Operator must check the “valid date” on the credit card, to ensure the card

   has not expired.

   3.6 (b) The Operator must obtain an imprint of the credit card, and a signature from

   the customer.

   3.6 (c) The Operator must request the customer to provide proof of identity in the form    of a passport, driver’s licence or identity document, and must make and retain a    photocopy.

3.7 These precautions should be taken even in the case of a customer 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 customer 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.

4. Once Booksure™ has been installed by an Operator, all bookings will incur a transaction cost. The transaction cost is a percentage of the amount processed through Booksure™ ™, and is calculated as follows:
• 3% on VISA and Mastercard payments (excluding VAT)
• 4% American Express (AMEX) payments (excluding VAT)
• 5% on Diners Club payments (excluding VAT)

5. In addition to the transaction cost, the Operator will pay a monthly fee of R100 (one hundred rand) per month (excluding VAT) to Magus Ventures (Pty) Ltd which is to be paid by monthly debit order.

6. The above fees may be subject to change from time to time. Magus Ventures (Pty) Ltd undertakes to advise clients of fee changes well in advance of any change occurring.

7. The reservation of any rooms specified in a quote by a customer must be provisionally booked by the Operator and held until the quote expires. The Operator is responsible for determining the validity period for any quote.

8. If a Booksure™ booking is cancelled, the cancellation fees indicated by the Operator may apply, at the Operator’s discretion. The cancellation fee is to be a percentage of any

deposit paid.

9. 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 against any loss or harm it may suffer as a result of unauthorised disclosures or

interception of payments and information.

10. In the unlikely event that an Operator is unable to use the Booksure™ booking system due to problems with 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.

11. In the event that an Operator decides to stop using the Booksure™ system, the

Operator is solely responsible for removing Booksure™ from its website and advising Magus Ventures (Pty) Ltd, in writing, that it is no longer using the Booksure™ system. Should customers however continue to use the Booksure™ system, notwithstanding the Operator’s stated intention of no longer using the system, Magus Ventures (Pty) Ltd will continue to have the right to charge 15% commission on all bookings processed through the system, and furthermore reserves the right to disclose customer details to the Operator only once the customer has paid Magus Ventures (Pty) Ltd.

12. Magus Ventures (Pty) Ltd, in its sole and absolute discretion, has the right to remove an Operator from the Booksure™ booking system should the Operator breach any of the terms and conditions of this agreement.

13. The Operator 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.