SociaGuys | The discerning gay man's guide to London, meet gay men, stylish and exclusive events

In these Conditions:

Agreement - shall mean these standard terms and conditions of supply as well as any additional service waiver forms (as and when required) made between the Supplier and the Customer for the sale and supply of service(s).

Authorised Representative shall mean Mr Rob Frost or Mr Rob Lucas or any other person in substitution as the Supplier may indicate from time to time to the Customer in writing.

Conditions - shall mean these standard terms and conditions for the sale and supply of service(s), any breach of which, regardless of seriousness, allows the party not in breach to terminate the Agreement, and/or reject the service(s) supplied.

Customer - shall mean a business or consumer whose request for services is accepted by the Supplier, whose identification details and signature (written or electronic), will be evidenced on the Service Proposal.

Needs Assessment Form – this is the form that outlines the Customer’s details and requirements for a Tour. The form can be completed online or over the phone.

Tour - shall mean the service(s) which the Supplier is to supply in accordance with these Conditions to the Customer.

Tour Itinerary - shall mean an outline or detailed plan of the activity(ies) and/or service(s) to be organised and supplied by the Supplier to the Customer.

Services - shall mean the service(s) and/or activity(ies) which the Supplier is to supply in accordance with these Conditions to the Customer.

Supplier - shall mean FunkiCity Ltd trading as SociaGuys and registered in England and Wales with company number 6066456 whose registered office is at 11 Murray Street, London, NW1 9RE.

Third Party Suppliers- shall mean any suppliers other than the Supplier or its affiliates.

1. General Terms

(a) These Conditions shall govern the Agreement to the exclusion of any other terms and Conditions between the Supplier and the Customer and no variation to the Agreement or these Conditions (including the incorporation of the Customer’s standard terms and conditions of business) shall be binding upon the Supplier unless agreed in writing by the Supplier and signed by an Authorised Representative of the Supplier.

(b) The Supplier’s employees, agents, consultants and/ or subcontractors, are not authorised to make any representations or variations concerning the service provided, and any such variations shall not be binding on the Supplier unless or until an Authorised Representative of the Supplier confirms such representations or variations in writing.

(c) Any typing, clerical or other error or omission in any sales literature, price list, invoice or other documentation or any information issued by the Supplier (in whatever form and on any media) shall be subject to correction without any liability on the part of the Supplier.

2. Conditions for Booking

(a) Unless otherwise stated, the person making the booking request and completing the Needs Assessment Form shall be deemed to have accepted these Conditions on behalf of the persons named in the booking request.

(b) By making a booking request with the Supplier the Customer states that he/she and all others named on the booking request are at least 18 years of age and has legal authority to make the booking request. The Customer agrees that they are responsible for all charges incurred in making the booking request, and that they will pay them in full and on time as stated in the Conditions. The Customer also states that any and all information they provide in the course of making the booking request is true and accurate.

3. Booking Request Information

(a) In order to process the Customer’s booking request the Supplier is required to collect personal information about the Customer. The Supplier takes full responsibility for the security of the Customer’s personal information, which will be held securely for a reasonable period of time following dealings with the Supplier. The Supplier may pass this information on to relevant Third Party Suppliers, such as restaurants, vehicle hire companies, credit checking agencies and public authorities as is necessary or legally required and in so doing cannot be held liable for third parties information security practices.

(b) Worldwide jurisdictions apply a variety of differing legislation, regulations and daily practices surrounding the protection of personal information and although the laws regarding the security of each Customer’s information may differ in the place of their domicile and/or work to those regulations and practices within the European Union, the Supplier strictly adheres to Eurpoean and English Regulations and practices and cannot be held to be in breach of any other legislation outside that geographical area.

(c) The Customer is entitled to see a copy of the information the Supplier holds about them on written request. The Supplier on receipt of the written request will provide the information to the Customer within a reasonable period of time and may charge a small administration fee.

4. Agreement of Service(s)

The Service(s) to be provided shall be agreed in the following manner:

The Supplier shall provide the Customer with a relevant Needs Assessment Form. The client will complete the form and send it back to the Supplier. This form can be completed over the phone or via email.

The Supplier shall, within 2 working days of receipt of the Needs Assessment Form contact the customer either via phone or email to discuss the Tour Itinerary and payment.

If the guide taking the tour is not available on the date indicated by the Customer the Supplier will contact the Customer either by email or phone to let them know.

If the Supplier feels that the Tour is not appropriate for the Customer, the Supplier will let the Customer know by email or phone. The Supplier will determine a Customer’s suitability to a particular Tour based on the information supplied by the Customer, and whilst the Supplier will have the final say on suitability the matter will be discussed with the Customer prior to any final decision being made by the Supplier.

Once the Supplier has received payment from the Customer, both parties are contractually bound in accordance with and subject to the terms and conditions contained herein.

The Customer shall be responsible for ensuring the accuracy of any Needs Assessment Forms submitted to the Supplier, as well as providing all personal information, banking details and any other relevant information (as and when necessary), relating to the Agreement and required for the service(s) to be provided (including information required by third party suppliers), and to do so within a sufficient timeframe to enable the Supplier to provide the service(s) as requested by the Customer. Failure to do so will result in a breach of the terms of the Agreement by the Customer.

5. Changes to the Tour Itinerary

The Tour Itinerary may vary depending on the requirements of the group and where possible will be tailored more to suit the Customer’s requirements based on the information provided in Needs Assessment Form.

6. Availability

The Services agreed between the Supplier and Customer are subject to availability. If the Services are not available, the Supplier will do its best to source alternative services. If no alternatives can be found, the Supplier will refund the Customer for the particular service(s) that cannot be provided, but not for such other parts of the overall Service that are still able to be provided. The Supplier shall not be liable to the Customer for any failure to provide Services in these circumstances.

7. Third Party Suppliers

(a) The Supplier uses many Third Party Suppliers to supply services to Customers. When the Supplier procures or uses services from Third Party Suppliers on behalf of the Group Activity, the Customer agrees to also abide by the Third Party Supplier’s terms & conditions.

(b) The Customer undertakes that all details he/she provides to the Supplier for the purpose of booking, requesting or purchasing services are correct, that the payment card the Customer is using is their own and that there are sufficient funds to cover the cost of the service.

8. Payment

(a) The Supplier, through Google Checkout, accepts the following credit cards: Visa, MasterCard, Maestro and Solo.

(b) Full payment for all bookings is to be received in full by credit or debit card and the Supplier must be satisfied that the payments in question have cleared by the due date, being a minimum of at least 3 working days prior to the provision of the Services or at such time outside this provision as may be agreed by an Authorised Representative of the Supplier.

(c) The time of payment shall be of the essence and receipts for payment shall only be issued to the Customer upon request.

(d) If the Customer fails to make any payment on the due date then (without prejudice to any other rights or remedies the company may have) the Supplier shall be entitled to terminate the Agreement or suspend the provision of any Services to the Customer until full payment is received.

(e) Unless otherwise specified, prices do not include any VAT, local taxes or use-fees.

(f) Except as provided herein, no refunds are available once the day of service has arrived.

9. Cancellations

(a) Cancelling a booking request or Tour with the Supplier will result in cancellation fees being applied by the Supplier, as outlined below.

(b) If the Customer cancels between 3 and 5 calendar days in advance of the scheduled commencement time of the Services, the Customer will be charged a 50% cancellation fee. If the Customer cancels within 2 calendar days of the scheduled commencement time of the Services, the Customer will be charged a 100% cancellation fee.

(c) Third party suppliers may also charge cancellation fees as described in their terms and conditions and the Customer is wholly responsible for paying these. In these instances the Supplier on request from the Third Party Suppliers will provide the relevant Customers' details.

(d) The Supplier may cancel any Service in its sole and absolute discretion. If the Supplier has to cancel any service, the Supplier will endeavour to give the Customer reasonable notice thereof and will give the Customer a full refund, except where cancellation was as result of the Customers breach of these Terms and Conditions. The Supplier will not be liable for any losses (direct or indirect) suffered by the Customer as a result of the cancellation of any Services.

10. Recommendations / Advice

The Supplier may offer a Customer information, advice or recommendations for the procurement of other services from Third Party Suppliers. Any such information, advice or recommendations are provided on a non-reliance basis and the Supplier accepts no responsibility or liability whatsoever with respect to such advice or recommendations. Customers must undertake their own independent review and use their own judgement.

11. Personal Conduct

(a) Customers are solely responsible for their behaviour when using the services of the Supplier and the Supplier’s Third Party Suppliers.

(b) The Supplier has the right to cancel a service without providing a refund if:

(i) The Customer allows his/her physical or mental state to become affected by drugs or alcohol;

(ii) The Customer threatens, abuses or insults the Supplier’s staff or the Staff of the Supplier’s Third Party Suppliers;

(iii) The Customer makes sexual advances towards the Supplier’s staff / guides; or

(iv) The Supplier or its guides feel that their health and safety is being compromised.

12. Complaints

Any complaints as to the service provided should be communicated via email within 48 hours of the Service(s) completion and to be marked as a complaint to robert.frost@sociaguys.co.uk. Complaints will be responded to within 5 working days of receipt at the aforementioned address.

13. Limitation of Liability

(a) This paragraph 13 sets out the financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants and/ or sub-contractors), to the Customer in respect of:

(i) any breach of this agreement;

(ii) any use made by the Customer of the Services or any part of them; and

(iii) any representation, statement or tortious act or omission (including negligence), arising under or in connection with this agreement.

(b) All warranties, conditions and other terms implied by statute or common law are, to their fullest extent permitted by law, excluded from this agreement.

(i) for death or personal injury resulting from negligence; or

(ii) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier; or

(iii) for any other liability prohibited by law.

(d) Subject to paragraph 13 (b) and paragraph 13 (c), the Supplier shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

(e) the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the total price paid for the Services by the Customer.

14. Indemnity

The Supplier

The Customer shall indemnify the Supplier against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages suffered by the Supplier or any representatives of the Supplier arising out of the breach of, or the negligence, bad faith, wilful misconduct or recklessness of the Customer in the performance of, any terms of the Agreement.

Third Party Suppliers

The Third Party Suppliers providing services for the Supplier are independent contractors and not agents or employees of the Supplier or its affiliates. The Supplier and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Party Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therein.

The Supplier and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

15. Insurance

The Customer confirms that they have adequate insurance for the selected activities/events that the Customer proposes to undertake including, without limitation, personal accident and personal liability insurance or, alternatively, the Customer confirms that it waives any requirement to obtain such insurance.

16. Force majeure

The Supplier shall neither be liable to the Customer nor be deemed to be in breach of the Conditions for any reason of delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Services, where the delay or failure was due to any cause beyond the Supplier’s reasonable control and without prejudice to the generality or foregoing the following shall be regarded (without limitation) as cause beyond the companies reasonable control:

(a) Acts of God, explosion, flood, tempest, fire or accident;

(b) War or threat of war, acts of terrorism, threats of terrorism, sabotage, insurrection, civil disturbance or requisition.

(c) Acts, registration, regulations, bye laws or measures of any kind on the part of any governmental, parliamentary, or local authority.

17. Intellectual property

(a) The copyright of any work commissioned by the Customer shall be retained by the Supplier.

(b) The Customer shall not without express agreement of the Supplier use, exploit or reproduce any media in any form whatsoever obtained during the provision of services.

18. General

(a) No delay or failure on the part of any party enforcing a provision of this Agreement shall be deemed to be a waiver or to create a precedent or in any way prejudice any party's rights under this Agreement. The rights and remedies of the Supplier provided in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.

(b) The Supplier reserves the right to amend the Conditions in respect of any promotion, offer, or the like made or issued by the Supplier from time to time in relation to Services.

(c) The Conditions, together with the Supplier’s website policies and Needs Assessment Form constitutes the entire agreement between the Supplier and the Customer in relation to the provision of the Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between them.

(d) The Customer shall not be entitled to assign its rights under this Agreement without the written consent of the Supplier.

(e) If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

(f) The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties irrevocably agree that it shall be subject to the exclusive jurisdiction of the English Courts.