1. Introduction

These Terms and Conditions (“Terms”) govern your use of the Promenade Concert Orchestra website at promenadeconcertorchestra.org.uk (the “Website”), and any purchase, booking, donation or subscription you make through it, including concert ticket bookings, purchases of CDs or other merchandise, one-off and regular donations, and Friends of PCO memberships.

Promenade Concert Orchestra (“PCO”, “we”, “us” or “our”) is a registered charity in England and Wales, charity number [INSERT CHARITY NUMBER], resident at The Platform, Marine Road Central, Morecambe, Lancashire, LA4 4DB.

By using the Website, making a booking or purchase, or making a donation, you (“you” or “the user”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.

Because PCO is a charity run largely by volunteers, some services described here — such as online CD sales, donation processing and subscriptions — may be introduced in stages. Where a service is not yet live, the relevant section will not apply until it is switched on, and the Website will make clear which services are currently available.

1.1 Who we are

• Legal name: Promenade Concert Orchestra
• Charity registration number: 1184124 (England and Wales)
• Correspondence address: The Platform, Marine Road Central, Morecambe, Lancashire, LA4 4DB
• Contact email: admin@promenadeconcertorchestra.org.uk
• Website: promenadeconcertorchestra.org.uk

1.2 How these Terms are structured

These Terms are organised so that the sections most relevant to you are easy to find:

• Sections 2–4 cover general use of the Website.
• Section 5 covers concert ticket bookings.
• Section 6 covers online purchases of CDs and other merchandise.
• Section 7 covers donations and Gift Aid.
• Section 8 covers Friends of PCO memberships and any future subscriptions.
• Sections 9 onwards cover payment, cancellations, refunds, liability, data protection, and other matters that apply across all of the above.

2. Use of the Website

2.1 Eligibility

You must be at least 18 years old to make a purchase, donation or booking on the Website, or to set up a subscription or Friends membership. Tickets for concerts may of course be booked for and attended by people of any age, including children attending with an accompanying adult, as set out on individual event listings.

2.2 Acceptable use

When using the Website, you agree that you will not:

• use the Website for any unlawful purpose or in any way that breaches these Terms;
• attempt to gain unauthorised access to any part of the Website, its servers, or any systems or networks connected to it;
• introduce viruses, malware or other harmful material to the Website;
• use automated systems (such as bots or scrapers) to extract data from the Website without our permission;
• impersonate any person, or misrepresent your affiliation with any person or organisation;
• use false or fraudulent payment details when making a purchase, booking or donation.

We may suspend or terminate your access to the Website, or cancel a booking, purchase or donation, if we reasonably believe these Terms have been breached.

2.3 Accuracy of information

We take care to keep the Website accurate and up to date, including concert dates, times, ticket prices and programme details. However, occasionally errors may occur — for example, a typing error in a price, or a late change to a concert programme, guest artist or venue arrangement beyond our control. Where such an error affects your booking or order, we will contact you as soon as reasonably possible to offer a correction, alternative or refund.

2.4 Availability of the Website

We aim to keep the Website available at all times, but we do not guarantee uninterrupted access. The Website may be unavailable from time to time for maintenance, technical issues, or reasons outside our control. We are not liable for any loss you suffer as a result of the Website being unavailable.

3. Intellectual Property

All content on the Website — including text, images, the PCO logo, the anniversary emblem, photographs, recordings, programme notes and design elements — is owned by PCO or used with the permission of the relevant rights holder (for example, photographers, guest artists or composers), and is protected by copyright and other intellectual property laws.

You may view, download and print pages from the Website for your own personal, non-commercial use, provided you do not modify the content and you keep all copyright and other proprietary notices intact. You must not otherwise reproduce, republish, distribute or exploit any content from the Website without our prior written permission.

Photographs of PCO in performance are sometimes credited to individual photographers (for example, rehearsal and performance photography by Ginny Koppenhol and Euan Smith). These images remain the property of the photographer and are used by PCO under agreed permission; they should not be reused elsewhere without separate consent.

Concert programmes may include music that is itself subject to copyright, performing rights, and synchronisation or licensing arrangements (for example, film and screen music). Any recordings of PCO performances made available on the Website or via YouTube are provided for private, non-commercial enjoyment only, unless stated otherwise.

4. Comments, Reviews and Submitted Content

If the Website allows you to leave a comment, review, testimonial, or submit a photograph or message (for example, following a concert), you confirm that the content is your own, does not infringe anyone else’s rights, and is not defamatory, offensive or unlawful.

By submitting content, you grant PCO a non-exclusive, royalty-free licence to use, reproduce and publish that content on the Website and on PCO’s social media channels, for the purpose of promoting the orchestra, unless you tell us otherwise at the time of submission. We may edit or decline to publish any submitted content at our discretion, and will remove it on reasonable request.

5. Concert Ticket Bookings

5.1 How bookings work

Concert tickets may currently be booked in one of two ways:

• online, via our box office partner, The Platform / Universe, using the booking link provided on the relevant concert page; or
• in person, on the door, subject to availability, as stated on the concert listing.

Where you book via The Platform / Universe, your booking contract for that ticket is made directly with The Platform (Lancaster City Council) or its ticketing provider, Universe, and is subject to their own terms and conditions, refund policy and privacy notice, which you should read at the time of booking. PCO is not the seller of record for tickets booked this way, but works closely with The Platform to ensure information about our concerts is accurate.

If, in future, PCO introduces direct ticket sales through this Website (rather than solely via The Platform / Universe), the terms in this Section 5 will apply directly to that booking, and this section will be updated to make that clear.

5.2 Ticket prices and concessions

Ticket prices are shown on each concert listing in pounds sterling and include any applicable booking fee charged by our ticketing partner, unless stated otherwise. Concessions (for example, accompanied children attending free) are shown on the relevant concert listing and are subject to the conditions stated there.

5.3 Confirmation

Following a successful online booking, you will normally receive a confirmation email or e-ticket from The Platform / Universe (or, in future, directly from PCO where direct sales are introduced). Please check this confirmation carefully and contact the relevant box office promptly if any details appear incorrect.

5.4 Access and latecomers

Doors, seating arrangements and latecomer policy for each concert are set by the venue (The Platform) and will be stated on the concert listing where relevant. PCO is not able to guarantee specific seating unless the venue operates an allocated seating system for that concert.

5.5 Cancelled or rescheduled concerts

If PCO has to cancel or reschedule a concert (for example, due to illness, adverse weather, or circumstances beyond our control), we will publish an update on the Website and our social media channels as soon as possible, and will work with The Platform / Universe to contact ticket holders where contact details are available. Refund or transfer arrangements in these circumstances will follow the policy of the box office through which the ticket was purchased.

6. Online Sales of CDs and Merchandise

6.1 Products

Where enabled on the Website, you may purchase physical products such as CDs of PCO recordings, and other orchestra merchandise, directly from PCO. Product descriptions, images and prices are shown on the relevant product page. We take reasonable care to ensure product descriptions are accurate, but colours, packaging and minor details may vary slightly from images shown.

6.2 Placing an order

An order is placed when you complete checkout and payment on the Website. We will send an order confirmation by email. This confirmation is an acknowledgement that we have received your order — the contract between you and PCO for the sale of the product is only formed once we accept and dispatch your order, or otherwise confirm acceptance in writing.

6.3 Availability and stock

All products are subject to availability. If an item you have ordered is unexpectedly out of stock, we will contact you as soon as possible to offer a substitute, a refund, or the option to wait until stock is replenished.

6.4 Prices and payment

Prices for CDs and merchandise are shown in pounds sterling and include VAT where applicable (charity sales of goods may be subject to different VAT treatment; any VAT due will be included in the price shown). Postage and packaging costs, where applicable, will be shown separately at checkout before you complete your order.

6.5 Delivery

We aim to dispatch orders within [INSERT NUMBER] working days of receiving payment. Estimated delivery times will be shown at checkout. Delivery is currently available to addresses within the United Kingdom only, unless stated otherwise. Risk in the goods passes to you on delivery; ownership passes once we have received payment in full.

6.6 Returns, faulty goods and your right to cancel

As a consumer buying goods online, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order and receive a refund within 14 days of receiving the goods, without giving a reason. To exercise this right, please contact us at admin@promenadeconcertorchestra.org.uk within 14 days of delivery, and return the item to us in its original condition within a further 14 days. We will refund the price paid, including standard delivery charges, within 14 days of receiving the returned item or evidence that it has been sent back, using the same payment method you used to pay, unless you agree otherwise. You will be responsible for the cost of returning the item unless it is faulty or not as described.

If a CD or other item arrives damaged, faulty, or not as described, please contact us as soon as possible at admin@promenadeconcertorchestra.org.uk with details and, where possible, a photograph. Depending on the situation, we will offer a replacement, repair, or full refund including any delivery costs, in line with your rights under the Consumer Rights Act 2015.

7. Donations and Gift Aid

7.1 Making a donation

Where enabled on the Website, you may make a one-off or, in future, a regular donation to PCO. Donations are processed securely by our payment provider, Stripe / PayPal Giving], and PCO does not see or store your full card details.

Donations are gifts to PCO, a registered charity, and are non-refundable except in cases of genuine error (for example, an accidental duplicate payment or an incorrect amount entered), or where required by law. If you believe a donation was made in error, please contact us at finance@promenadeconcertorchestra.org.uk as soon as possible.

7.2 Gift Aid

If you are a UK taxpayer, you may be able to boost your donation by 25% at no extra cost to you through Gift Aid. To claim Gift Aid, you must confirm at the point of donation that:

• you are a UK taxpayer; and
• you have paid, or will pay, an amount of UK Income Tax and/or Capital Gains Tax in the relevant tax year at least equal to the amount PCO and any other charities or Community Amateur Sports Clubs will claim on all your donations in that tax year.

By ticking the Gift Aid declaration box, you are confirming the above and authorising PCO to treat your donation, and any future donations you make to PCO until you notify us otherwise, as Gift Aid donations. If your tax situation changes and you no longer pay enough tax to cover the Gift Aid claimed, please let us know at [INSERT CONTACT EMAIL] so we can update our records, as you may need to pay any difference to HMRC.

7.3 How donations are used

Donations support PCO’s charitable purposes, including the performance of live orchestral concerts in Morecambe, outreach and education work, and the maintenance of the orchestra as a community resource. Where a donation is given for a specific restricted purpose (for example, a named appeal), we will use it only for that purpose, or, if that becomes impossible, for the closest equivalent charitable purpose, in line with Charity Commission guidance.

7.4 Regular giving and subscriptions

If PCO introduces recurring donations or paid subscriptions (for example, a digital Friends subscription) via the Website, you will be able to view, amend or cancel your recurring payment at any time by contacting us at [INSERT CONTACT EMAIL] or, where available, through a self-service account area on the Website. We will confirm any changes in writing. Recurring payments will continue until cancelled, and no refund will normally be given for payments already processed prior to cancellation, except in the case of error.

8. Friends of PCO Membership and Future Subscriptions

8.1 Friends of PCO

The Friends of PCO scheme allows supporters to make a regular contribution to the orchestra in return for benefits such as advance notice of concerts, newsletters, or other recognition, as described on the Website at the time of joining. Membership runs for the period stated when you join (for example, annually) and will renew automatically unless you cancel before the renewal date, where automatic renewal is offered.

8.2 Joining, renewing and cancelling

You can join or renew your Friends membership through the Website once online membership payments are enabled, or by other means described on the Website (such as by post or at a concert). You may cancel your membership at any time by contacting us at friends@promenadeconcertorchestra.org.uk. If you cancel partway through a membership period, we do not normally offer a refund for the unused portion, unless the cancellation is due to an error on our part.

8.3 Future subscription services

PCO may introduce further paid subscription services via the Website in future (for example, digital content, advance booking access, or tiered supporter packages). Where introduced, such subscriptions will be described in full at the point of sign-up, including price, billing frequency, and how to cancel, and these Terms will be updated accordingly. Consumer rights relating to cancellation of ongoing subscription services, including your right to cancel within 14 days of first subscribing under the Consumer Contracts Regulations 2013, will be honoured and explained clearly wherever a new subscription is introduced.

9. Payment

All payments made through the Website are processed securely using Stripe, PayPal, or your box office partner’s payment processor]. We do not store your full card details on our own systems.

All prices on the Website are shown in pounds sterling (£). We take reasonable care to ensure prices are correct at the time they are published, but if a pricing error is discovered before your order, booking or donation is processed, we will contact you to confirm whether you wish to proceed at the correct price.

You confirm that any payment card or account used to make a purchase, booking or donation on the Website is your own, or that you have the permission of the account holder to use it.

10. Cancellations, Returns and Your Consumer Rights

Because the Website offers several different kinds of transaction, the right to cancel and the refund position differ depending on what you have bought. The table below summarises this; the detailed terms are in Sections 5 to 8 above.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the 14-day ‘cooling off’ right to cancel does not apply to bookings for leisure events taking place on a specific date, such as concert tickets. This is a standard and lawful exemption used by event organisers and box offices across the UK — it does not remove your other consumer rights, such as the right to a refund if an event is cancelled or materially changed.

Nothing in these Terms affects your other statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 in relation to goods that are faulty, not fit for purpose, or not as described.

11. Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under English law.

Subject to the above, PCO will not be liable to you for any indirect or consequential loss, or for any loss of income, profit, or opportunity, arising from your use of the Website or any booking, purchase, donation or membership made through it.

Where PCO is found liable to you in connection with a purchase made directly from us (for example, a CD order), our liability will be limited to the amount you paid for that order.

We are not responsible for the acts, omissions, terms or policies of third parties who provide services referenced on the Website, including our ticketing partner (The Platform / Universe), our payment processors, or any linked third-party websites.

11.1 Events beyond our control

PCO will not be liable for any failure or delay in performing our obligations under these Terms where this is caused by circumstances beyond our reasonable control, including but not limited to severe weather, illness affecting performers, venue unavailability, power or internet outages, or other events of force majeure.

12. Data Protection and Privacy

PCO is committed to protecting your personal data in line with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Full details of what personal data we collect, why, how long we keep it, and your rights, are set out in our separate Privacy Policy, which forms part of these Terms by reference and should be read alongside them.

In summary, when you book a ticket, buy a CD, make a donation, claim Gift Aid, or join as a Friend, we will collect personal data such as your name, contact details, and payment confirmation (though not your full card number, which is handled by our payment provider). We use this data to fulfil your order or booking, to administer Gift Aid claims where relevant, and, only with your consent, to send you news and marketing about future concerts.

We will never sell your personal data to third parties. Where we share data with service providers (for example, our ticketing partner, payment processor, or email newsletter provider), we only do so under agreements that protect your data in line with UK data protection law.

If you have any questions about how your data is used, or wish to exercise your data protection rights, please contact us at [INSERT CONTACT EMAIL] or write to us at the address in Section 1.1.

13. Cookies

The Website uses cookies and similar technologies to help it function properly, to understand how visitors use the site, and, where you have given consent, to support marketing activity such as Meta advertising. Full details of the cookies used, and how to manage your preferences, are set out in our separate Cookie Policy, available on the Website.

You can control or delete cookies through your browser settings at any time. Please note that disabling certain cookies may affect the functionality of the Website, including your ability to complete a booking or purchase.

14. Complaints

We hope you never need to complain, but if something goes wrong with a booking, purchase, donation or your experience of the Website, please contact us in the first instance at office@promenadeconcertorchestra.org.uk or by post to the address in Section 1.1, and we will aim to acknowledge your complaint within 5 working days and resolve it as quickly as possible.

Complaints about a ticket purchased via The Platform / Universe should be directed to The Platform’s box office in the first instance, as they are the seller of that ticket.

If you are unable to resolve a complaint with us directly and it relates to PCO’s status or conduct as a charity, you may also contact the Charity Commission for England and Wales at www.gov.uk/complain-about-charity.

15. Our Charitable Status

Promenade Concert Orchestra is a registered charity (charity number 1184124 governed by its own constitution and overseen by a board of trustees. All net proceeds from ticket sales, CD and merchandise sales, and donations made through the Website are applied solely towards PCO’s charitable purposes: the advancement of public education in, and appreciation of, orchestral and light music, principally through live performance in Morecambe and the wider Bay area.

PCO is not a limited company and does not distribute profits to any individual. Trustees act in a voluntary capacity, in accordance with their duties under charity law.

16. Changes to These Terms

We may update these Terms from time to time, for example to reflect changes in the law, in our services (such as introducing new payment or subscription options), or in how the Website operates. The current version will always be available on the Website, with the effective date shown at the top of this document.

Where a change is significant, we will take reasonable steps to bring it to the attention of users with an active subscription, membership or recurring donation before it takes effect. Continued use of the Website after any changes take effect constitutes acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales.

Any dispute arising from these Terms will be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident elsewhere in the UK, you may also be entitled to bring proceedings in the courts of the part of the UK in which you live.

18. Contact Us

If you have any questions about these Terms, a booking, purchase, donation, or membership, please get in touch:

• Post: Promenade Concert Orchestra, The Platform, Marine Road Central, Morecambe, Lancashire, LA4 4DB
• Email: admin@promenadeconcertorchestra.org.uk
• Website: promenadeconcertorchestra.org.uk