Agreement - shall mean Conditions as well as any additional service waiver forms (as and when required) made between the Company and the Customer for attendance at the Event.
Authorised Representative shall mean Mr Rob Frost, Mr Rob Lucas or Miss Ali Bell or any other person in substitution as the Company may indicate from time to time to the Customer in writing.
Booking - shall mean a booking by the Customer to attend the Event.
Company - shall mean FunkiCity Ltd trading as SociaGals and registered in England and Wales with company number 6066456 whose registered office is at 11 Murray Street, London, NW1 9RE.
Conditions - shall mean these standard terms and conditions for attendance at the Event any breach of which, regardless of seriousness, allows the party not in breach to terminate the Agreement, and/or reject entry.
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.
Event – is Pride Breakfast at Soho Hotel.
Online Booking Form - shall mean the booking form to be completed by a Customer in wanting to attend the Event.
Third Party Suppliers- shall mean any suppliers other than the Company or its affiliates.
General Terms
These Conditions shall govern the Agreement to the exclusion of any other terms and Conditions between the Company 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 Company unless agreed in writing by the Company and signed by an Authorised Representative of the Company.
The Company’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 Company unless or until an Authorised Representative of the Company confirms such representations or variations in writing.
Any typing, clerical or other error or omission in any sales literature, price list, invoice or other documentation or any information issued by the Company (in whatever form and on any media) shall be subject to correction without any liability on the part of the Company.
Conditions for Booking
Unless otherwise stated, the person making the Booking and completing the Online Booking Form shall be deemed to have accepted these Conditions on behalf of the persons named in the Booking.
By making a Booking with the Company the Customer states that he/she are at least 21 years of age and has legal authority to make the Booking. The Customer agrees that they are responsible for all charges incurred in making the Booking, 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 is true and accurate.
By submitting the Online Booking Form the Customer agrees to be subject to the Conditions.
Booking Information
In order to process the Customer’s Booking the Company is required to collect personal information about the Customer. The Company 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 Company. The Company may pass this information on to relevant Third Party Suppliers, 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.
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 European and English Regulations and practices and cannot be held to be in breach of any other legislation outside that geographical area.
The Customer is entitled to see a copy of the information the Company 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.
Confirmation of Attendance
When the Customer submits the Online Booking Form, a thank you message will come up. If the guestlist is full at the time of submitting the Online Booking Form, the Company cannot be held liable by the Customer. The Company will communicate to the Customer via email within 2 working days if there is no space on the guestlist.
Within 2 days of submitting the Online Application Form, the Company will send out an email to the Customer letting them know whether or not they are on the guestlist.
Within 4 days of the Event, the Company will send out a reminder email to the Customer about the Event and confirm arrangements.
Event Follow-up
Customer satisfaction is at the heart of what the Company does. As a result, the Company will send a follow-up email within 5 days of the Event taking place.
Payment
The Supplier, through Google Checkout, accepts the following credit cards: Visa, MasterCard, Maestro and Solo.
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 2 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.
The time of payment shall be of the essence and receipts for payment shall only be issued to the Customer upon request.
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.
Unless otherwise specified, prices do not include any VAT, local taxes or use-fees.
Except as provided herein, no refunds are available once the day of service has arrived.
Cancellations
Cancelling a booking request or Group Activity with the Supplier will result in cancellation fees being applied by the Supplier, as outlined below.
If the Customer cancels within 1 calendar days of the scheduled commencement time of the Services, the Customer will be charged a 75% cancellation fee.
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.
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.
Event Changes / Cancellation
Every reasonable effort will be made by the Company to adhere to confirmed arrangements. The Company reserves the right at its sole discretion to alter or change arrangements should it be found necessary to do so, and shall have no liability whatsoever to the Customer or any damages.
The Company reserves the right to cancel an event at any time without liability. Under such circumstances, a full refund to the value of the amount paid will be offered, subject to whether an entrance fee was applied by the Company.
If the Customer cannot attend the event after submitting the Online Booking Form, the Customer should inform the Company as soon as possible.
Recommendations/Advice
The Company may offer a Customer information, advice or recommendations for the procurement of Services from Third Party Suppliers. Any such information, advice or recommendations are provided on a non-reliance basis and the Company 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 when placing an order with Third Party Suppliers.
Personal Conduct
Customers are solely responsible for their behaviour when using the services of the Company and the Supplier’s Third Party Suppliers.
The Company has the right to remove the Customer from the Event without providing a refund if:
The Customer allows his/her physical or mental state to become affected by drugs or alcohol;
The Company or Third Party Suppliers’ staff feel that their health and safety is being compromised.
The Customer threatens, abuses or insults the Company’s staff or the Staff of the Company’s Third Party Suppliers;
Limitation of Liability
This paragraph 13 sets out the financial liability of the Company (including any liability for the acts or omissions of its officers, employees, agents and/or consultants) to the Customer in respect of:
any breach of this agreement;
any use made by the Customer of the Services or any part of them; and
any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Nothing in this agreement limits or excludes the liability of the Company:
for death or personal injury resulting from negligence; or
for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company.
Subject to paragraph 13 (b) and paragraph 13 (c), the Company shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
The Company'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.
The Company will not be liable in any manner whatsoever for the loss or damage to any property belonging to the Customer during the provision of the Services.
The Company is not responsible in any way with the actions of any individuals at these events or for the personal safety of any individuals attending the event.
The company shall not be held responsible in any manner whatsoever for any offence caused to any Customer or person in the provision of the services at the Event and the Customer is held to understand the full nature of the services provided and exercise their full discretion in booking a place(s) at the Event
By registering to become a member or to attend an Event arranged by the Company, the Customer is agreeing that neither the Company is liable for any damages, direct or indirect, that may in any way arise out of a Company Event. This includes, without limitation, damages arising out of travelling to and from an Event, meeting or communicating with other participants and the actions of other participants in Events organised by the Company.
Indemnity
The Company
The Customer shall indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages suffered by the Company or any representatives of the Company 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 Company are independent contractors and not agents or employees of the Company or its affiliates. The Company 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 Company 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.
Insurance
The Customer confirms that they have adequate insurance for the Event and that the Customer has ordered including, without limitation, personal accident and personal liability insurance or, alternatively, the Customer confirms that it waives any requirement to obtain such insurance.
Force Majeure
The Company 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 Company’s obligations in relation to the Services, where the delay or failure was due to any cause beyond the Company’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:
Acts of God, explosion, flood, tempest, fire or accident;
War or threat of war, acts of terrorism, threats of terrorism, sabotage, insurrection, civil disturbance or requisition.
Acts, registration, regulations, bye laws or measures of any kind on the part of any governmental, parliamentary, or local authority.
General
(a) No delay or failure of 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 Company provided in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law.
(b) The Company reserves the right to amend the Conditions in respect of any promotion, offer, or the like made or issued by the Company from time to time in relation to Services.
(c) This Agreement, together with the Company’s website policies constitutes the entire agreement between the Company 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 Company.
(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 and any non-contractual obligations arising out of or in connection with it 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.