Terms and Conditions
Access to and use of this website is provided by Philharmonia Limited (“Philharmonia”) subject to the following terms and conditions:
1. The Philharmonia’s Website Terms and Conditions as detailed below apply to all Philharmonia websites produced by Philharmonia Limited.
3. You acknowledge that all intellectual property rights, including copyright and database rights, in the Philharmonia website and its contents belong to or have been licensed to Philharmonia or are otherwise used by Philharmonia as permitted by applicable law.
4. In accessing the Philharmonia website you agree to access the contents solely for your own personal, non-commercial use. You are not permitted to copy, download, store in any medium (including any other website), distribute, transmit, broadcast, show in public, adapt or change in any way any part of the Philharmonia website for any other purpose without the prior written permission of Philharmonia or in accordance with the Copyright, Designs and Patents Act 1988 or other applicable law.
5. Links to the Philharmonia site are welcome but the Philharmonia disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Philharmonia’s website.
6. Philharmonia provides the material published on its website on the basis that it makes no express or implied warranties in respect of the material. Philharmonia and the original providers of the material exclude to the fullest extent permitted by law all liability for any damages or losses and for any direct, indirect, incidental or consequential loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising from the publication of the material on the Philharmonia website.
7. Philharmonia is not responsible for the content of any material you encounter after leaving our site via a link in it or otherwise, and Philharmonia excludes to the fullest extent permitted by law all liability that may arise in respect of such material.
8. Philharmonia endeavours to ensure that all information and material on the website is correct and accurate but does not accept any liability for errors or omissions, neither does Philharmonia warrant that use of this site will be uninterrupted.
9. This site may be used only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the site by, any third party. Philharmonia has the right to edit, refuse to post or remove any material submitted to or posted on the site. Philharmonia is not responsible for, neither does Philharmonia accept any liability for, any material posted on the site other than by Philharmonia. Any opinions, advice, statements, offers or other information expressed or made available by third parties on the Philharmonia site are those of the third party concerned. Philharmonia neither endorses nor is responsible for the accuracy or reliability of any such third-party material.
10. These terms and conditions are governed by and will be interpreted in accordance with English law and any disputes relating to these terms and conditions will be exclusively subject to the jurisdiction of the courts of England and Wales. The various provisions of these terms and conditions are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions.
If these terms and conditions are not accepted in full, use of this website must be terminated immediately.
The Philharmonia logo is a trademark of Philharmonia Limited registered in the UK and other countries. This mark may not be copied or used without permission.
Philharmonia Friends Membership Terms and Conditions
July 2021 version
If you are buying a Friends Membership of the Philharmonia for your own use, as a gift for someone else or if you are making use of a Philharmonia Friends Membership after it was bought for you, then you agree and accept that these Philharmonia Friends Membership terms and conditions apply to your purchase or use. If you do not agree and do not accept these terms and conditions you must not buy or make use of a Philharmonia Friends Membership.
References to ‘Friends Membership’ refer to the annual subscription-based membership of the Philharmonia Friends.
References to ‘you’ ‘your’ in these terms and conditions refer to any person buying Friends Membership for their own use or as a gift for someone else, or to any person making use of Friends Membership that was bought for them.
1. Friends Membership Benefits
· The benefits included in your Friends Membership will vary depending on the level of membership purchased. The Friends Membership benefits are set out at www.philharmonia.co.uk/friends. We reserve the right to change the benefits included in your Friends Membership. We will use reasonable efforts to notify you in advance of any changes.
· Any benefits included in your Friends Membership package that are provided by third parties will be subject to such third party terms and conditions. We are not responsible for, and do not accept any liability for, loss or damage suffered as a result of a fault, error or omission in the provision of such third party services.
2. Right to Reject Friends Membership
· We reserve the right to refuse any application for a Friends Membership. On receipt of your application we will, subject to your payment instructions, debit your card or process the Direct Debit payment for the appropriate fee. However our acceptance of your application for a Friends Membership remains subject to approval by us. If for any reason we cannot accept your application we will confirm that your account has been re-credited (if applicable).
· If we are unable to obtain payment authorisation from the issuer of your card or from your bank in the case of Direct Debit payments and a Friends Membership has already been activated, we will require that you forfeit any benefits already received.
3. Duration and Activation of Friends Membership
· Friends Membership lasts for one year from the month of purchase. For example, a membership purchased on the 3rd June 2021 will be valid until 30th June 2022.
· The price of Friends Membership will be quoted on our website and may be subject to change.
· Friends Memberships purchased online, over the phone or via the Box Office are active with immediate effect. Friends Memberships purchased by Direct Debit are active within one working day of when the membership was purchased.
· Friends Membership correspondence will be communicated to you by email or, if you do not supply us with an email address, second-class post. Once processed, we will assume that you have received your confirmation email or letter. Please contact the Friends Office if you have not received it within 14 days of your Friends Membership becoming active.
4. Friends Membership use
Friends Memberships are for personal use only and are not intended for businesses or transferable to another person. In the event of a Friends Membership misuse, we reserve the right to terminate your Friends Membership and you will not be entitled to any refund of fees upon termination.
5. Gift Memberships
Friends Membership can be purchased as a gift. Please contact the Friends Team if you would like more information. Gift Aid provisions will not apply to gift memberships.
6.Gift Aid and VAT
Friends Membership fees are split between a benefit portion and a donation. These are as follows:
o £60 Direct Debit of which £20 is the benefit portion and £40 is a voluntary donation
o £70 one-off payment of which £20 is the benefit portion and £50 is a voluntary donation
· Overture Friend:
o £120 Direct Debit of which £20 is the benefit portion and £100 is a voluntary donation
o £130 one-off payment of which £20 is the benefit portion and £110 is a voluntary donation
· Concerto Friend:
o £300 Direct Debit of which £45 is the benefit portion and £255 is a voluntary donation
o £310 one-off payment of which £45 is the benefit portion and £265 is a voluntary donation
· Symphony Friend:
o £600 Direct Debit of which £60 is the benefit portion and £540 is a voluntary donation
o £610 one-off payment of which £60 is the benefit portion and £550 is a voluntary donation
The donation portion is a suggested amount to which Gift Aid provisions apply, but you may purchase the benefits separately if you prefer to not make a philanthropic donation. Alternatively, you may also choose to give the entire amount of your membership as a pure donation and with no complementary benefits expected in return, in which case the Philharmonia Orchestra would be able to claim Gift Aid on the entire amount, subject to the completion of a Gift Aid declaration.
Please note if you would like to make your donation via CAF or via a charitable foundation and take up benefits, payment must be made separately by personal debit card, credit card, bank transfer or cheque for the benefit portion of your Friends Membership.
The benefit portion of the fee represents the cost of the benefit and is inclusive of VAT. There is no VAT on the donation portion.
7. Price Information
We reserve the right to amend the price of Friends Membership subscriptions. For Friends Membership renewals, we will give you a minimum of 10 days’ notice in the event of any price changes.
8. Renewals of Friends Membership
We will contact you in the month before your Friends Membership is due for renewal, detailing the expiry date of your current Friends Membership and any further actions you may need to take to renew your Friends Membership.
9. Direct Debit Payments
· Direct Debits are taken on the 20th of the month or nearest working day after.
· Direct Debit payment can be taken on a monthly or annual basis.
· If you cancel your Direct Debit before paying your annual membership fee in full and after you have enjoyed membership benefits, you must nevertheless pay for the benefits you have received to terminate your Friends Membership with us. Philharmonia will return and refund any tickets purchased that had benefits associated with the Friends Membership applied to them. This includes those purchased within the Friends Membership’s priority booking period, and in the case of online concerts, membership-related discounts.
· If your Direct Debit payment is rejected or cancelled, we will contact you to arrange alternative payment.
· You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please notify us of any cancellation using the contact methods set out below.
10. Conditions of Refunds of Membership
If you change your mind about becoming a Friend, you may request a refund if you notify the Friends Office in writing within 14 days of the date of purchase. Please note that any refund will be subject to deduction of the value of any benefits used within this period (e.g. discounts).
If you have accessed any of the benefits associated with the Friends Membership prior to cancellation or termination of your Friends Membership, a refund of the fees paid will not be guaranteed.
11. Cancellation of events
· As a holder of a Friends Membership, you will have access to a programme of events organised by us. Attending some events may require a payment by you in addition to the annual Friends Membership fee.
· Ticketed events have a limited capacity (which will vary according to format) and therefore admission numbers may be limited and cannot be guaranteed.
· We reserve the right to cancel or rearrange an organised event. In the event of cancellation or rescheduling of an event, the terms and conditions applicable to the purchase of tickets for such event will apply.
· We do not accept liability for any irrecoverable costs incurred (e.g. travel) by you if we have to close or cancel an event due to unforeseen circumstances.
12. Data Protection
13. Philarmonia’s Right to Terminate for Breach
We shall have the right to terminate your Friends Membership immediately and without repayment of your Friends Membership subscription if you commit a material breach of these Friends Membership terms and conditions that cannot be resolved (or, if you commit a material breach that is capable of resolution, you do not resolve it to our reasonable satisfaction within 14 days of us informing you about it).
14. Queries and Complaints
If you have any queries or complaints please contact the Friends Office:
Phone: (+44) 020 7921 3906
Write to: Philarmonia Ltd, 6 Chancel Street, London SE1 0UX
We reserve the right to amend the terms and conditions of the Friends Membership at any time. We will give members 14 days’ notice of any changes to these terms and conditions.
Our acceptance of your application, purchase or your utilisation of the Friends Membership benefits will bring into force a legally binding contract between us and you, and these Friends Membership terms and conditions will form the basis of that contract through which we will deliver a service to you as a Member.
You agree that these Friends Membership terms and conditions shall be governed by, and construed in accordance with the laws of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with them or the matters contemplated within them.
You agree that in becoming a Member you do not rely on, and shall have no remedy in respect of, any statement, representation or understanding other than as expressly set out in these Friends Membership terms and conditions.