General Terms and Conditions
A. General Provisions
1. Definitions
In these general terms and conditions (“Terms and Conditions”), the following definitions apply:
Rotterdam Philharmonic Orchestra
Stichting Rotterdams Philharmonisch Orkest
General Visitor Conditions
The general visitor conditions of the theatres and concert halls affiliated with the Association of Theatre and Concert Hall Managements and the Stichting Kaartverkoop Netwerk Nederland.
Cooling-off Period
The period within which the Consumer may exercise their Right of Withdrawal.
Consumer
The natural person who is not acting for purposes related to their trade, business, craft, or professional activity.
Operator
Any natural or legal person who operates a venue for the performance of musical works and rents it to the Rotterdam Philharmonic Orchestra.
Right of Withdrawal
The option for the Consumer to dissolve the Distance Agreement within the Cooling-off Period.
Purchaser of Single Tickets
Any Consumer or legal entity who purchases a single ticket from the Rotterdam Philharmonic Orchestra, directly or via an intermediary, to attend a Performance.
Purchaser of Series
Any Consumer or legal entity who has purchased a series of Performances from the Rotterdam Philharmonic Orchestra.
Client
Any natural or legal person who hires the Rotterdam Philharmonic Orchestra to give a Performance.
Agreement
Any agreement concluded by the Rotterdam Philharmonic Orchestra with a Counterparty.
Distance Agreement
An agreement concluded online through the website of the Rotterdam Philharmonic Orchestra between a Consumer and the Orchestra.
Performers
Those who actually carry out the Performances of the Rotterdam Philharmonic Orchestra, whether or not employed by the Orchestra.
Performance
The performance of a musical work, including but not limited to a concert, masterclass, or rehearsal.
Counterparty
Any natural or legal person with whom the Rotterdam Philharmonic Orchestra enters into an agreement or negotiates, including Operators, Clients, and Purchasers of Series and/or Single Tickets.
2. Identity of the Organisation
Stichting Rotterdams Philharmonisch Orkest, hereinafter referred to as “Rotterdam Philharmonic Orchestra”.
Registered and visiting address: Kruisstraat 2, 3012 CT Rotterdam
Postal address: P.O. Box 962, 3000 AZ Rotterdam
Customer Service phone number: 010 322 53 22
Availability: Tuesday to Friday 10:00–16:00
Customer Service email: info@rpho.nl
Chamber of Commerce number: 41126499
VAT identification number: NL002769268B01
3. Applicability
3.1 These Terms and Conditions apply to all offers, quotations, and confirmations issued by the Rotterdam Philharmonic Orchestra, as well as to every Agreement and any related acts.
3.2 If, in addition to these Terms and Conditions, specific product or service conditions also apply, the Consumer may always rely on the provision most favourable to them in the event of conflicting conditions.
3.3 The applicability of any general terms and conditions of the Counterparty is expressly rejected by the Rotterdam Philharmonic Orchestra.
3.4 Amendments or additions to any provision of the Agreement and/or the Terms and Conditions are only valid if they are recorded in writing and signed by the Rotterdam Philharmonic Orchestra.
3.5 Amendments or additions to the Terms and Conditions must be agreed upon anew for each Agreement in the manner described in the previous clause.
3.6 The invalidity or nullity of any provision of the Terms and Conditions does not affect the validity of the remaining provisions. Any invalid provision will be replaced by a valid provision that most closely matches the intent and economic effect of the original provision.
4. Offers and Formation of Agreements
4.1 Any offer or quotation issued by or on behalf of the Rotterdam Philharmonic Orchestra—including, but not limited to, concert schedules, concert series, price lists, advertisements, and brochures—is entirely non-binding, does not commit the Orchestra, and constitutes only an invitation to enter into an Agreement.
4.2 The Rotterdam Philharmonic Orchestra reserves the right to revoke or modify any offer, even after acceptance. Such modification does not grant the Counterparty, unless they are a Consumer, the right to dissolve the Agreement.
4.3 The Rotterdam Philharmonic Orchestra cannot be held to an offer or quotation if the Counterparty understands or reasonably should have understood that it contains an obvious mistake or clerical error.
4.4 An Agreement is concluded only when and insofar as the Rotterdam Philharmonic Orchestra accepts it in writing or begins performance of the Agreement.
5. Prices and Payment
5.1 Prices are based on the circumstances applicable at the time the Agreement is concluded, such as, but not limited to, government subsidies, fees of Performers, wages, social charges, import and export duties, excise duties, levies and taxes imposed directly or indirectly on the Rotterdam Philharmonic Orchestra or charged to it by third parties. If one or more of these circumstances change after the Agreement has been concluded but before its performance, the Rotterdam Philharmonic Orchestra is entitled to pass on the resulting price increase to the Counterparty. In such a case, a Consumer has the right to dissolve the Agreement.
5.2 Payment must be made within the agreed period after the invoice date. If no payment term has been agreed, payment must be made no later than 30 days after the invoice date into a bank account designated by the Rotterdam Philharmonic Orchestra. The Counterparty may not invoke set-off. The Counterparty is never entitled to suspend its payment obligations.
5.3 Any payment made by the Counterparty will first be applied to accrued interest, then to (collection) costs, and only then to the oldest outstanding claim of the Rotterdam Philharmonic Orchestra against the Counterparty, even if the Counterparty states that the payment relates to another claim.
5.4 In the event of late payment by the Counterparty, the Counterparty will be in default without any notice of default being required. In addition to the statutory interest as referred to in article 6:119 of the Dutch Civil Code, or in the case of a commercial transaction the statutory commercial interest as referred to in article 6:119a of the Dutch Civil Code, the Counterparty owes an interest of 2% per month on the outstanding amount from the day the payment term expires until the day of full payment, even if the Rotterdam Philharmonic Orchestra grants a postponement of payment. Furthermore, in such a case all claims of the Rotterdam Philharmonic Orchestra against the Counterparty, on whatever grounds, become immediately due and payable.
5.5 If payment in instalments has been agreed, all remaining instalments become immediately due and payable upon default by the Counterparty in respect of any one instalment. If the Counterparty is not a Consumer and is in default, it must reimburse the Rotterdam Philharmonic Orchestra for all costs incurred in obtaining payment of its claim(s), including, but not limited to, all extrajudicial and judicial (collection) costs. The extrajudicial collection costs payable by the Counterparty amount to at least 15% of the unpaid amount, with a minimum of EUR 100, plus VAT.
5.6 If the Counterparty is a Consumer and is in default, they are obliged to reimburse the Rotterdam Philharmonic Orchestra for extrajudicial collection costs in accordance with the following graduated scale:
| Principal amount – Collection costs | Percentage – Maximum | Compensation |
|---|---|---|
| Over the first EUR 2.500 | 15% | Minimum EUR 40 |
| Over the next EUR 2.500 | 10% | |
| Over the next EUR 5.000 | 5% | |
| Over the next EUR 190.000 | 1% | |
| Over the excess | 0,5% | Maximum EUR 6.775 |
6. Complaints / Liability
6.1 Complaints concerning (defects in) the performance of the Agreement by the Rotterdam Philharmonic Orchestra must be submitted in writing, with as detailed a description as possible, within 7 days after the defect arises, but in any event within 7 days after the Rotterdam Philharmonic Orchestra has performed the Agreement. Failure to do so results, for a Counterparty who is not a Consumer, in the lapse of any right to repair, replacement and/or compensation.
6.2 If the Rotterdam Philharmonic Orchestra considers a complaint justified, it may choose either to offer a comparable performance or to refund the agreed price or a part thereof, without the Counterparty being entitled to any further compensation. The existence of a complaint does not release the Counterparty from its obligations under the Agreement, including, but not limited to, its payment obligations.
6.3 The Rotterdam Philharmonic Orchestra can only be held liable for direct damage suffered by the Counterparty. The Rotterdam Philharmonic Orchestra is never liable for so-called indirect or consequential damage, including, but not limited to, business damage, loss of profit, delay damage and immaterial damage.
6.4 Any liability of the Rotterdam Philharmonic Orchestra is at all times limited to the amount paid out by the insurer of the Rotterdam Philharmonic Orchestra for the event in question, after deduction of the applicable excess.
6.5 A Counterparty who is not a Consumer indemnifies the Rotterdam Philharmonic Orchestra against all third-party claims that are directly or indirectly the result of non-performance, improper performance and/or late performance by the Counterparty of any obligation arising from or related to the Agreement. A Counterparty who is not a Consumer indemnifies the Rotterdam Philharmonic Orchestra against all damage suffered by the Orchestra and costs incurred by it as a result of such third-party claims, in particular the costs of defending against such claims.
7. Programme Changes
7.1 Any programme changes by the Rotterdam Philharmonic Orchestra, including changes to the works to be performed and changes to one or more Performers of the Performance, including soloists, at any time, do not give the Counterparty any right to dissolve the Agreement and/or claim a refund of (part of) the agreed price. The Rotterdam Philharmonic Orchestra will endeavour to limit the number, nature and impact of such changes and to inform the Counterparty thereof in good time.
8. Force Majeure
8.1 The Rotterdam Philharmonic Orchestra is not obliged to fulfil any obligation under the Agreement if it is prevented from doing so by an event of force majeure. Force majeure exists if the Rotterdam Philharmonic Orchestra is hindered in the performance of any obligation as a result of a foreseeable or unforeseeable circumstance beyond its control, or which is not attributable to it, and/or a circumstance the consequences of which it could not reasonably have prevented, and/or if performance of that obligation cannot reasonably be required of it. Force majeure includes, but is not limited to: strikes, blockades, pandemics, riots, acts of war, acts of violence, action by fire brigade or police in the immediate vicinity of the Operator’s building, lack of any governmental permit, governmental measures, fire and/or explosion, a necessary change of planning due to external circumstances (including the failure of one or more Performers to appear, for example due to illness), non-performance of an agreement between the Rotterdam Philharmonic Orchestra and the Operator or other third parties engaged by the Orchestra, and any circumstance which under the law, legal acts or generally accepted standards cannot be attributed to the Rotterdam Philharmonic Orchestra.
8.2 For as long as the force majeure situation continues, the Rotterdam Philharmonic Orchestra is entitled to suspend performance of all its obligations under the Agreement. In the event of force majeure, the Rotterdam Philharmonic Orchestra is further entitled to change the concert programme or the Performers, to cancel the Performance for which the Agreement was concluded with a refund of (part of) the agreed price (possibly after deduction of costs already incurred), or to reschedule the Performance to a date determined by it. In addition, if performance within a reasonable period is not possible, the Rotterdam Philharmonic Orchestra is entitled to dissolve the Agreement in whole or in part.
8.3 If, at the time the force majeure occurs, the Rotterdam Philharmonic Orchestra has already partially fulfilled its obligations under the Agreement or can only partially fulfil its obligations, it is entitled to invoice the Counterparty for the part already performed or the part that can be performed during the period of force majeure. The Counterparty is obliged to pay this invoice as if it were a separate agreement.
8.4 In a situation of force majeure as described in this article, the Counterparty is not entitled to any (damage) compensation, even if the Rotterdam Philharmonic Orchestra benefits from the force majeure situation. In case of force majeure, the Counterparty is also not entitled to dissolve or otherwise terminate the Agreement.
9. Cancellation
9.1 If the Counterparty cancels the Agreement, the Counterparty owes the Rotterdam Philharmonic Orchestra compensation of 50% of the invoice amount, without prejudice to the right of the Rotterdam Philharmonic Orchestra to claim full compensation from the Counterparty, including, but not limited to, loss of profit, which is set at a minimum of 15% of the invoice amount.
10. Default / Dissolution
10.1 The Rotterdam Philharmonic Orchestra is entitled to dissolve the Agreement in whole or in part without notice of default, or to terminate it with immediate effect, or to suspend the (further) performance of the Agreement, without being liable for any compensation, if:
a. the Counterparty does not, does not properly, does not within the stipulated period or otherwise does not timely comply with any obligation arising from the Agreement and/or the Terms and Conditions;
b. after conclusion of the Agreement, the Rotterdam Philharmonic Orchestra becomes aware of facts and/or circumstances that give it good reason to fear that the Counterparty will not, not properly and/or not within the agreed or specified period fulfil its obligations;
c. the Counterparty loses the free disposal of its assets;
d. the Counterparty loses its legal personality, is dissolved, is in fact liquidated or dies;
e. the Counterparty is declared bankrupt or applies for suspension of payments, or preparations therefor have been made;
f. assets of the Counterparty are attached, such attachment threatening the continuity of the Counterparty’s business and/or the proper fulfilment of the Agreement by the Counterparty, and such attachment is not lifted within thirty days.
10.2 The provisions of paragraph 1 of this article are without prejudice to any other rights of the Rotterdam Philharmonic Orchestra under the law and/or the Agreement.
10.3 If the Rotterdam Philharmonic Orchestra dissolves or suspends the Agreement on the grounds of paragraph 1 of this article, the Counterparty is obliged to compensate all damage suffered and/or to be suffered by the Rotterdam Philharmonic Orchestra as a result, including, but not limited to, loss of profit, losses incurred, interest and costs, transport costs, judicial and extrajudicial costs and all other damage and costs directly or indirectly related to the Agreement.
10.4 If any of the situations referred to in paragraph 1 of this article occurs, all claims the Rotterdam Philharmonic Orchestra has against the Counterparty immediately become due and payable.
11. Intellectual Property Rights
11.1 The intellectual property rights to documents provided by the Rotterdam Philharmonic Orchestra, such as, but not limited to, tickets, leaflets and other promotional materials, and to image and sound produced by the Rotterdam Philharmonic Orchestra, are and remain the property of the Rotterdam Philharmonic Orchestra. These documents are intended solely for use by the Counterparty in the context of the Agreement and may not, without the prior written consent of the Rotterdam Philharmonic Orchestra, be reproduced, made public or made available to third parties. The Counterparty does not acquire any intellectual property rights in relation to the performance of the Agreement by the Rotterdam Philharmonic Orchestra.
11.2 The Counterparty is not permitted, without the express consent of the Rotterdam Philharmonic Orchestra, to distribute, broadcast or reproduce the Performance, in whole or in part, or to make or have made any image or sound recordings thereof, or to store it in a database or retrieval system, in any form and by any means whatsoever. For each violation of this provision, the Counterparty forfeits an immediately payable penalty of EUR 25,000 per event, without prejudice to the right of the Rotterdam Philharmonic Orchestra to claim full compensation from the Counterparty and without prejudice to other rights of the Rotterdam Philharmonic Orchestra, for example under the Visitor Conditions, except for article 3.5 of the Visitor Conditions.
12. Applicable Law, Competent Court
12.1 These Terms and Conditions and the Agreement are governed exclusively by Dutch law.
12.2 All disputes arising from or related to the Agreement and/or these Terms and Conditions will, insofar as permitted by law, in the first instance be submitted to the competent court of the District Court of Rotterdam.
B. Additional Provisions for Purchasers of Series and/or Single Tickets
13. Applicability of the House Rules of De Doelen and the General Visitor Conditions
13.1 If the Performance takes place in De Doelen, the House Rules of De Doelen apply in addition to the Agreements with Purchasers of Single Tickets. These House Rules are available free of charge at the box office of the Operator and can be consulted, printed and stored via: https://www.dedoelen.nl/en/house-rules-de-doelen-rotterdam-5sdn. In the event of any conflict between the text of these Terms and Conditions and the text of the House Rules of De Doelen, the text of these Terms and Conditions prevails.
13.2 The General Visitor Conditions apply in addition to the Agreements with Purchasers of Single Tickets and, where applicable, the House Rules of De Doelen, it being understood that in all articles the term “Podium” must be read as “Rotterdam Philharmonic Orchestra” and the term “Visitor” must also be read as “Purchaser of Series and/or Single Tickets”. These General Visitor Conditions are available free of charge at the box office of the Operator, were filed on 27 September 2021 with the Registry of the District Court of Amsterdam under number 50/2021, and can be consulted, printed and stored via: VSCD-Bezoekersvoorwaarden-2021.pdf. In the event of any conflict between the text of these Terms and Conditions, the House Rules of De Doelen (if applicable) and the text of the General Visitor Conditions, the text of these Terms and Conditions prevails first, then, if applicable, the text of the House Rules of De Doelen and finally the text of the General Visitor Conditions.
13.2 Operators and Clients warrant towards the Rotterdam Philharmonic Orchestra that they declare the General Visitor Conditions applicable to their legal relationship with persons who (directly or indirectly) purchase an admission ticket from them for a Performance of the Rotterdam Philharmonic Orchestra, and that they provide those persons with a copy of the General Visitor Conditions before or at the time that such purchase agreement(s) are concluded.
14. Orders / Admission Tickets
14.1 Series or Single Tickets must be ordered in the manner indicated in the relevant publicity material, the season brochure for the relevant season, or as indicated on the website of the Rotterdam Philharmonic Orchestra.
14.2 Orders for Series are processed in the manner indicated in the season brochure for the relevant season.
14.3 Orders for Single Tickets are processed in order of receipt, after completion of sales for Series.
14.4 The risk of loss or theft of an Admission Ticket rests with the Purchaser of Series and/or Single Tickets. It is at the discretion of the Rotterdam Philharmonic Orchestra whether a duplicate Admission Ticket is issued to the Purchaser of Series and/or Single Tickets. Any related costs must in any case be borne by the Purchaser of Series and/or Single Tickets.
14.5 The sale and reservation of Series and Single Tickets, as well as the layout of the seating plan and allocation of seats, are at the sole discretion of the Rotterdam Philharmonic Orchestra and are determined by the Rotterdam Philharmonic Orchestra or by the Operator on its behalf.
14.6 Admission Tickets cannot be returned. If an Admission Ticket is not used, the Purchaser of Series and/or Single Tickets is not entitled to a refund of the ticket price or any other compensation.
14.7 Exchange of Single Tickets is permitted up to 2 working days before the Performance. The Purchaser of Single Tickets must pay an administration fee per ticket and any price difference.
14.8 When Admission Tickets are purchased online via the website of the Rotterdam Philharmonic Orchestra, no Cooling-off Period or Right of Withdrawal applies. On the basis of article 6:230p of the Dutch Civil Code, the Cooling-off Period and Right of Withdrawal do not apply, inter alia, to a Distance Agreement for services relating to leisure activities, if the service provider undertakes, at the time of concluding the Distance Agreement, to perform these services on a specific date or during a specific period.
15. Nuisance / Inconvenience
15.1 The Rotterdam Philharmonic Orchestra is at all times entitled, even if this results in inconvenience, nuisance or restricted view of the stage for the Purchaser of Series and/or Single Tickets, to make or have made image or sound recordings during the Performance and/or to distribute or broadcast the Performance or part thereof, reproduce it, or store it in a database or retrieval system, and, in that context, to place all necessary equipment in the concert hall and, if necessary, to amend the seating plan. The Rotterdam Philharmonic Orchestra is never obliged to pay any (damage) compensation as a result.
15.2 The Rotterdam Philharmonic Orchestra will endeavour, as far as is reasonably possible, to limit any nuisance, inconvenience or restricted view of the stage for the Purchaser of Series and/or Single Tickets in connection with a situation as described in the previous paragraph. If and insofar as the cooperation or consent of the Operator is required, the Rotterdam Philharmonic Orchestra does not guarantee that such cooperation or consent will be obtained.
16. Data of Purchasers of Series and/or Single Tickets
16.1 Data relating to the Purchaser of Series and/or Single Tickets, including name, address and place of residence, which are registered by the Rotterdam Philharmonic Orchestra in connection with the sale of Series and Single Tickets, are processed in accordance with the General Data Protection Regulation (GDPR).
C. Additional Provisions for the Purchase of Other Products in the Webshop
17. Online Purchase of Other Products
17.1 The following additional provisions apply to Distance Agreements relating to products other than Admission Tickets. These concern online purchases of, among other things, physical data carriers for music and/or image (such as CDs, DVDs and/or USB sticks) and/or other products than Series and/or Single Tickets, such as merchandise.
18. Right of Withdrawal for Products
18.1 The Consumer may dissolve a Distance Agreement relating to the purchase of a product within a Cooling-off Period of 14 days without giving reasons.
18.2 The Cooling-off Period referred to in paragraph 1 starts on the day after the Consumer has received the product, or:
a. if the Consumer has ordered several products in the same order: the day on which the Consumer receives the last product. The Rotterdam Philharmonic Orchestra may, provided it has clearly informed the Consumer before the ordering process, refuse an order for several products with different delivery times;
b. if the delivery of a product consists of different shipments or parts: the day on which the Consumer receives the last shipment or the last part.
19. Obligations of the Consumer During the Cooling-off Period
19.1 During the Cooling-off Period, the Consumer must handle the product and its packaging with care. The Consumer may not break or remove the seal (plastic wrapping) of a data carrier.
19.2 The Consumer is liable for any reduction in value of the product if they have not handled the product and its packaging with care and/or if the seal (plastic wrapping) of a data carrier has been broken or removed.
20. Exercise of the Right of Withdrawal by the Consumer and Related Costs
20.1 If the Consumer wishes to exercise the Right of Withdrawal, they must notify the Rotterdam Philharmonic Orchestra within the Cooling-off Period by means of the model withdrawal form or by another unequivocal statement.
20.2 As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the Consumer must return the product or hand it over to the Rotterdam Philharmonic Orchestra (or to a person authorised by it). The Consumer has complied with the return period if they return the product before the Cooling-off Period has expired.
20.3 The Consumer must return the product with all supplied accessories, if reasonably possible in the original outer packaging, and in accordance with the reasonable and clear instructions provided by the Rotterdam Philharmonic Orchestra.
20.4 The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer.
20.5 The Consumer bears the direct costs of returning the product.
21. Obligations of the Rotterdam Philharmonic Orchestra in Case of Withdrawal
21.1 After the Rotterdam Philharmonic Orchestra has received the Consumer's notification of withdrawal, it will send an acknowledgement of receipt to the Consumer without delay.
21.2 The Rotterdam Philharmonic Orchestra will reimburse all payments made by the Consumer, including any delivery costs charged by the Orchestra for the returned product, without delay and no later than 14 days after the day on which the Consumer notifies it of the withdrawal. Unless the Rotterdam Philharmonic Orchestra offers to collect the product itself, it may wait with reimbursement until it has received the product back or until the Consumer proves that they have returned the product, whichever is earlier.
21.3 The Rotterdam Philharmonic Orchestra will use the same means of payment for reimbursement as the Consumer used, unless the Consumer agrees to another method, for example a voucher for a future purchase in the Rotterdam Philharmonic Orchestra’s webshop. The reimbursement is free of charge for the Consumer.
21.4 If the Consumer has chosen a method of delivery that is more expensive than the cheapest standard delivery, the Rotterdam Philharmonic Orchestra is not obliged to reimburse the additional costs for the more expensive method.
22. Exclusion of the Right of Withdrawal
The Rotterdam Philharmonic Orchestra excludes the following products from the Right of Withdrawal:
1. Sealed data carriers whose seal has been broken after delivery;
2. Admission Tickets, Series and/or Single Tickets for performances on a specific date and/or time.
D. Additional Provisions for the Operator and the Client
23. Transfer of Rights and Obligations and Change of Control
23.1 The Counterparty is not entitled, without the prior written consent of the Rotterdam Philharmonic Orchestra, to transfer all or part of its rights and/or obligations to another party or to have the Agreement performed in whole or in part by another party.
23.2 If, after the Agreement has been concluded, control over all or a substantial part of the activities of the Rotterdam Philharmonic Orchestra passes directly or indirectly into other hands, or if control in the Operator/Client passes directly or indirectly into other hands, the Rotterdam Philharmonic Orchestra is entitled to terminate the Agreement unilaterally, in whole or in part, by registered letter, with one month's notice, without being liable for any compensation.
23.3 The Rotterdam Philharmonic Orchestra is never liable towards third parties for errors of the Operator and/or Client, including, but not limited to, errors in announcements, offers, statements, quotations or other information provided by the Operator and/or Client, nor for errors made in the (pre)sale of Admission Tickets by the Operator and/or Client. The Operator and Client indemnify the Rotterdam Philharmonic Orchestra against claims by third parties resulting from or related to such errors.
These Terms and Conditions were filed with the Chamber of Commerce on 27 November 2025.
