General Terms and Conditions

By purchasing an admission ticket for Tomorrowland Winter, visitors automatically agree to the General Terms and Conditions, prepared by TL Winter bvba (hereinafter: the Organiser).

Tomorrowland Winter opening hours

Saturday March 9th 2019 12h00 – 00h00
Sunday March 10th 2019 12h00 – 00h00
Monday March 11th 2019 12h00 – 00h00
Tuesday March 12th 2019 12h00 – 00h00
Wednesday March 13th 2019 9h00 – 02h00
Thursday March 14th 2019 9h00 – 02h00
Friday March 15th 2019 9h00 – 02h00

You can check in until 23h30. It is not possible to enter the festival grounds after 23h30.

The opening hours will be different for each stage and will be available in the line-up. Outside the opening hours of a stage, the stage area will not be accessible to the public. From Saturday March 9 until Tuesday March 12 only a limited number of stages will be accessible.

The Organiser reserves the right to refuse admission to the festival to visitors who wish to enter the Tomorrowland Winter grounds after 23h30. This also applies if a visitor already has a valid admission ticket. Only visitors who are in the possession of a Tomorrowland Bracelet registered in their name will be admitted to Tomorrowland. 

ARTICLE 1

1.1 Anyone entering the Tomorrowland Winter grounds declares to have agreed to these General Terms and Conditions upon purchasing their tickets.

1.2 Anyone who fails to comply with these General Terms and Conditions may be refused admission to or removed from the Tomorrowland Winter grounds. The Organisation reserves the right to ban anyone who fails to comply with the General Terms and Conditions admission to Tomorrowland Winter for the next five years.

ARTICLE 2

2.1 All visitors who present themselves at the entrance of the Tomorrowland Winter grounds must have a valid Tomorrowland Winter bracelet registered in their name.

2.2 A Tomorrowland Winter bracelet gives access to one (1) person. All visitors in the possession of a Tomorrowland Winter bracelet enter the Tomorrowland Winter grounds at their own risk.

2.3 The minimum age for Tomorrowland Winter is 18 years. There will be no exception to this rule, not even if the person concerned is accompanied by a parent, guardian and/or other adult.

2.4 If a visitor exits the Tomorrowland Winter grounds after 23h30, re-entry on that same day is not possible for security reasons. The Tomorrowland Winter ticket will not be reactivated until the next day. 

2.5 The Organiser reserves the right to prosecute any holder of forged Tomorrowland Winter tickets or bracelets.

ARTICLE 3

3.1 Tomorrowland Winter tickets or bracelets are neither refundable nor exchangeable for another type of ticket.

3.2 In the event of loss or theft of the Tomorrowland Winter bracelet, it will not be replaced or refunded. Visitors are responsible for their own bracelets.

ARTICLE 4

4.1 All registered, valid, and activated Tomorrowland Winter bracelets must be scanned upon entering the festival grounds.

4.2 The Organiser and/or official ticket seller reserve the right to verify the identity of the festival visitors upon entering the Tomorrowland Winter grounds. Any visitors who are unable to identify themselves will be refused admission to the Tomorrowland Winter grounds, without any right to a refund of the purchase price. A valid proof of identity is: a valid identity card, passport or driving licence.

The name on the proof of identity must be the same as the name in which the bracelet is registered. Copies of identity papers are not accepted. 

4.3 The Organiser will send all Tomorrowland Winter bracelets in advance starting in early February 2019 to the stated address or these must be collected at the Tomorrowland Winter Will Call Box Office. It is not possible to change names and addresses after purchase. All purchases are final. If lodgings or packages are purchased via channels other than official Tomorrowland Winter channels, the bracelets and/or tickets may be sent to the owner of the accommodation.

4.4 Lost or damaged bracelets will not be refunded. If, for any reason whatsoever that is beyond the Organiser's control, Tomorrowland Winter bracelets do not reach the intended address, the Main Buyer must contact the Organiser so that the Organiser can arrange for collection at the festival. In the latter event, the bracelets and treasure cases will be sent to the Main Buyer and the Main Buyer will not be entitled to a new treasure case nor receive a refund for the treasure case fee.

ARTICLE 5

5.1 Tomorrowland Winter’s standing rules will be in accordance with the locally applicable rules. Tomorrowland Winter’s standing rules will be available at the entrance and are part of these General Terms and Conditions.

ARTICLE 6

6.1 All visitors in the possession of a valid Tomorrowland Winter ** who wish to enter the Tomorrowland Winter grounds must have the personal bracelet validated. Visitors may be searched or patted down by security personnel before being allowed admission to Tomorrowland Winter.

6.2 Security personnel may ask ticket holders of the same sex to subject themselves to a pat down and/or search of their clothes and luggage in order to intercept banned objects. If any banned objects are found, the security personnel will be entitled to confiscate the object and to refuse the owner admission to the festival. This will always be done in accordance with the locally applicable laws.

ARTICLE 7

7.1 Access control is in conformity with the locally applicable laws and is aimed at preventing weapons or hazardous objects that may disrupt the proper Tomorrowland Winter experience or put the safety of the visitors at risk from entering the grounds.

The following objects are banned from the Tomorrowland Winter grounds: 

  • bringing your own food and drinks to Tomorrowland Winter;
  • drugs or other mind-enhancing substances;
  • deodorant or perfume in containers larger than 100ml
  • any other objects (umbrellas, sun screen, camera tripods, laser pens, etc. …) of which the security personnel decide that they pose a risk to the other visitors of the festival;
  • projectiles or explosives in solid, liquid or gas form;
  • flammable products or materials & spray cans;
  • pyrotechnical objects (fireworks, torches, etc.);
  • any other weapons or sharp, pointy objects (sticks, chains, knives, …);
  • banners or items bearing discriminating and/or provocative texts or expressions that may be used in an attempt to disrupt the peace, or that may endanger the safety of the crowd and/or may cause injuries or damage to people and goods;
  • animals (except guide dogs);
  • drones;
  • Ski- and snowboardgear.

7.3 The following objects may be brought onto the Tomorrowland Winter grounds:

  • guide dogs for visually challenged people;
  • disposable or compact photo cameras;
  • telescopic umbrellas without pin (no parasols);
  • plastic tarpaulins and blankets to lay/sit on;
  • sunscreen, cosmetic products, deodorant in containers of up to 100ml;
  • refreshers / vaporisers, small back packs and other bags.
  • selfie-sticks, which when extended are less than 1[m] in length and that are solely intended for photography.  

ARTICLE 8

8.1 Visitors to Tomorrowland Winter are not allowed to:

  • enter zones to which their bracelet does not allow admission (the Comfort zone, press zones, backstage, front of house, stages, etc.);
  • climb on tents, constructions, fences, light bridges, benches, or any other structures on the festival grounds;
  • block entrances, exits and emergency exits;
  • disguise themselves in order to make themselves unrecognisable with the intention of disturbing the peace or putting the safety of the other visitors at risk;
  • sell food, drinks or other products without the express permission of the Organiser;
  • throw or shoot objects in solid, liquid or gas form;
  • smoke where smoking is banned;
  • urinate in public;
  • wear full face masks (masks, morph suits, etc. with the exception of ski masks;
  • park a vehicle without an official parking sticker issued by the Organiser. Cars may be towed at the owner’s expense;
  • tear down, break, or trash decorations;
  • steal decorations or any other material belonging to Tomorrowland and/or Dreamville.
  • make fires;
  • crowd surf.

Violations of this article will be dealt with in accordance with locally applicable laws. 

ARTICLE 9

9.1 Wearing texts, symbols, objects, clothes and/or other (visible) external expressions explicitly representing a political, social movement or group is prohibited. Anything that hints of discrimination, incitement, or racism is strictly prohibited.

ARTICLE 10

10.1 Anyone who is present at the Tomorrowland Winter grounds must obey the instructions and directions of the Organiser or its authorised representatives at the festival grounds at all times, in order to ensure the public order and safety during the festival.

ARTICLE 11

11.1 For safety reasons the Organiser reserves the right:

to interrupt or discontinue the festival;
to prevent visitors at the Tomorrowland Winter grounds from leaving the festival grounds until further notice;
to ask visitors to leave the Tomorrowland Winter grounds;
to refuse visitors admission to the Tomorrowland Winter grounds, even if they possess a valid admission ticket.

11.2 The Organiser may find itself forced to change or alter the festival programme. In this event the admission ticket will remain valid but no admission tickets will be refunded or exchanged.

ARTICLE 12

12.1 The Organiser herewith informs all festival visitors of the fact that the Organiser also collects personal data in order to impede or detect unlawful conduct or to protect rights or enforce the same and for security reasons. These are the following personal data: given name, surname, date of birth and country of residence. If allowed or required by law, the Organiser may share these personal data (given name, surname, date of birth and country of residence) with government bodies or agencies in order to protect and assert its rights or those of third parties or to detect and prevent fraud or other crimes or attempts to commit crimes. Government bodies or agencies may give the Organiser negative advice regarding the admission of a ticket holder to the festival. In that event, the Organiser is authorised to refuse the ticket holder admission to the festival and/or to remove him/her from the festival grounds. In that event, the ticket holder is not entitled to any damages.

12.2 In order to fill your order, the Organiser must share your data with third parties. By accepting these General Terms and Conditions, you expressly give permission for the sharing of your data with the following parties for the following purposes.

12.2.1 The Organiser may share your data for the following purposes:

  • Booking a hotel, train, bus and flight 
  • Cashless top-ups, cashless payments at Tomorrowland Winter and cashless refunds
  • Check-in procedures and hospitality facilities (to enable you to find your way to your bus or shuttle, to make your festival experience easier, to help you check into your accommodation, the festival or a restaurant)
  • Where allowed by law, government agencies may examine criminal records and in the event of a negative advice from these government agencies, ticket holders may be denied admission to the festival. Tomorrowland itself will never gain access to the criminal records, nor will it participate in profiling
  • Customer service by Tomorrowland and their ticket providers
  • Processing and shipment of Tomorrowland Winter bracelets (to ensure that your ticket/bracelet are sent to you)
  • Printing, among other things, paper tickets (only if you receive paper tickets)
  • Reporting and statistics about visitors to Tomorrowland Winter
  • Security, safety and health measures
  • Ticket and payment processing
  • Transaction-related emails from Tomorrowland Winter (such as emails for the personalisation of your tickets, your e-ticket, your payment confirmation, ...)
  • Transport to and from Tomorrowland Winter or to and from hotels/B&B/flat
  • Booking additional activities for Tomorrowland Winter
  • Renting ski equipment
  • Buying a ski pass
  • Booking ski lessons

12.2.2 The Organiser may share your data with the following partners:

  • Booking agencies
  • Partners of Tomorrowland Winter in cashless payments
  • Handling agents and shipping companies
  • Hospitality personnel at check-in points (including airports, hotels, B&Bs, bus stations, train stations and restaurants on the festival grounds)
  • Ski equipment rental companies
  • Companies that organise additional activities (such as a dogsled, swimming pool, curling, ...)
  • SATA
  • École de Ski Français
  • Local and federal governments
  • Mailing companies
  • Operational staff at the festival
  • Payment processing companies
  • Printing companies
  • Health and safety companies and personnel (such as security and first-aid personnel)
  • Ticket providers: Paylogic and Sunweb Group
  • Carriers

12.2.3 If you wish to exercise your right to be forgotten, the Organiser must delete all your personal data and is thus no longer in a position to offer any services for processing your order, nor is the Organiser in a position to grant you admission to Tomorrowland Winter. In that event, your order will be cancelled without any refund.

12.3 By entering the Tomorrowland Winter grounds, all visitors automatically consent to being photographed or filmed and herewith grant the Organiser permission to use and/or broadcast these digital images. The Organiser may use these digital images for promotional and/or commercial purposes related to Tomorrowland Winter. In addition, commercial and/or media and other partners may use these images. Images may furthermore be recorded and stored by the police and/or Organiser for maintaining and enforcing the security on the festival grounds, and to prevent, investigate and punish crimes and breaches of the General Terms and Conditions by establishing the identity of the perpetrators using these digital images.

12.4 Camera surveillance is in place at the Tomorrowland Winter grounds in accordance with locally applicable laws.

12.5 Visitors have the right, free of charge, to oppose the processing of the data by means of a written notice to the Organiser sent to dpo@tomorrowland.com. Visitors may also ask the Organiser in writing, free of charge, to delete, correct or delete their data.

12.5.1 If the Main Buyer wishes to invoke his right to be forgotten, he acknowledges that the Organiser is no longer in a position to process his order nor to grant the Main Buyer admission to Tomorrowland Winter. The Main Buyer will not be entitled to a refund.

12.5.2 If one of the personalised names of the Main Buyer wishes to invoke his right to be forgotten, he acknowledges that the Organiser is no longer in a position to process his order or to grant him admission to Tomorrowland Winter. The Main Buyer will not be entitled to a refund.

12.6 All photographs and film shot by visitors on the Tomorrowland and/or DreamVille grounds may only be used for commercial or public purposes with the prior written consent of the Organiser.

12.7 Visitors to Tomorrowland Winter are not allowed to make or broadcast (semi-)professional (livestream) video and/or audio recordings at the festival grounds without the prior written consent of the Organiser. This prohibition also applies to the use and/or publication of these (semi-)professional (livestream) video and/or audio recordings after the end of the festival without the prior written consent of the Organiser.

12.8 By buying a Tomorrowland Winter ticket, you confirm that you are familiar with and agree to Tomorrowland’s Privacy Policy.

ARTICLE 13

13.1 The Tomorrowland Winter festival grounds are located on the beautiful mountain Alpe D’Huez and the surrounding villages. All visitors to Tomorrowland Winter are required to cooperate with keeping the site clean and tidy, including by using the waste collection points on the festival grounds, the ski runs, and the parking lots. Violations of this article will be dealt with in accordance with locally applicable laws.

ARTICLE 14

14.1 Tomorrowland Winter Ticket

  • A Tomorrowland Winter admission ticket can only be purchased via the following channels: Sunweb Group, Paylogic, SATA and the official Tomorrowland Winter travel partners (who are expressly stated on the website). Purchasing tickets is only possible via a link in the Tomorrowland account that gives access to the ticket shop of Sunweb Group and Paylogic or via SATA or via the official Tomorrowland Winter travel partners.  Tickets that are obtained in a different manner (either through a different channel, or by evading, in any way, the procedure prescribed in the pre-registration link that provides access to the ticket shop) will at all times be cancelled. In other words, never purchase your Tomorrowland Winter tickets via unofficial channels!
  • Tomorrowland Winter tickets can only be purchased after a Tomorrowland account is created.
  • Automated pre-registrations are not permitted.
  • If the nationality registered during the pre-registration does not correspond to the nationality used during the purchase, the change may be considered fraud. In that event, the Organiser reserves the right to cancel your order. 
  • Each E-ticket must be personalised. Unless otherwise stated by the Organiser, this personalisation must take place during the period stated in the confirmation email. The Organiser may annul any tickets that are not personalised within the stipulated period and offer them for sale again. In that event, the purchase price for the ticket will be refunded to the Main Buyer, after deduction of the full service fee of your order. The Payment Fee is never refunded.
  • After personalisation by the Main Buyer, the personalised guests of the Main Buyer will be invited to create a Tomorrowland account on the Tomorrowland website. The purchase will only be final after all guests have created this Tomorrowland account within the time period stated in the confirmation email. As the Main Buyer is responsible for personalising the tickets in the names of people wishing to come to Tomorrowland Winter and who agree to the General Terms and Conditions and the Privacy Policy, he is also responsible for obtaining their confirmation that they are prepared to create a Tomorrowland account. If one of the guests refuses to create a Tomorrowland account, the Organiser reserves the right to cancel this ticket. In this case, the Main Buyer is not entitled to a refund.
  • Following the personalisation period stipulated by the Organiser, the name or address on the ticket may no longer be changed. If the name on the bracelet/ticket does not correspond with the name on the proof of identity, the Organiser may refuse the bearer admission.
  • If bracelets cannot be delivered due to errors in the data provided during the registration and purchase procedure, or because the parcel for some reason cannot be delivered by mail in the country of destination, the shipping costs will not be refunded. The Organiser will also not be required to provide a new Treasure Case. The Main Buyer will be able to collect new bracelets at Tomorrowland Winter.
  • It is prohibited to trade/resell Tomorrowland Winter tickets or bracelets in any way whatsoever without the express permission of the Organiser, nor may they be used for commercial or promotional purposes. The Organiser and/or the official ticket seller also reserve the right to cancel Tomorrowland tickets if it is established that the tickets were purchased illegally or fraudulently via third parties. All expenses relating to the cancellation will be recovered from the buyer. The Organiser reserves the right to take legal action or to pass the case on to the relevant government agencies. 

ARTICLE 15

15.1 All Tomorrowland Winter tickets are inclusive of accommodation.

15.2    A security deposit must be paid for all accommodation for the compensation of any damage to the accommodation. The amount of this security deposit varies per accommodation. Security deposits must be paid upon arrival and will be released upon departure, subject to deduction for any damage. The security deposit will be blocked on your credit card. When booking your accommodation, you automatically agree to the general terms and conditions or the standing rules of the hotel or the accommodation. 

ARTICLE 16

16.1 It is prohibited to distribute flyers or hang up posters within or outside the Tomorrowland grounds during the festival. Violations of this article will be dealt with in accordance with locally applicable laws. 

ARTICLE 17

17.1 Tomorrowland Winter applies a zero tolerance policy in respect of drugs.

17.2 Using, dealing in, or possessing drugs on the Tomorrowland Winter grounds is strictly prohibited. If proof hereof is found, through strict surveillance and inspection, the person involved will be ejected from the Tomorrowland Winter grounds and denied admission for a period of 5 consecutive years.   

17.3 If a visitor is prescribed certain drugs for health reasons, he/she must present a valid medical certificate before being allowed to bring the specific drugs on the Tomorrowland Winter grounds.

17.4 All directions and instructions given by the security personnel must be obeyed immediately. If possession of banned or dangerous weapons is suspected, the security personnel will be entitled to make a search. Refusal to submit to a search may result in being removed from the event.

17.5    Violations of Article 17 will be dealt with in accordance with the locally applicable laws.

ARTICLE 18

18.1 Official Tomorrowland Fashion & Merchandise is only sold on the festival ground or via the official Tomorrowland webstore (store.tomorrowland.com) and in shops selected by TML by Tomorrowland.

ARTICLE 19

19.1 The Tomorrowland Winter grounds provide means to withdraw cash or to pay with debit cards. In addition, machines will be installed from which ‘Pearls’, the official currency of Tomorrowland, may be bought. All food and drinks purchased on the festival grounds must be paid for in ‘Pearls’.

ARTICLE 20

20.1 Lockers may be rented on the Tomorrowland Winter grounds.

20.2 Ski racks will be available on the Tomorrowland Winter grounds. Tomorrowland is not responsible for any damage to or loss of ski equipment. We advise you to not leave ski equipment unattended.

20.3 All visitors expressly agree to indemnify the Organiser against any liability for damage to and/or theft of goods that are stored in a rented locker.

ARTICLE 21

21.1 There are parking facilities near the Tomorrowland Winter festival grounds. During the voucher sale you may also purchase a parking voucher that allows you to park in one of the parking lots. It is not possible to reserve book a specific parking place. Upon payment you will receive a voucher to be used when parking your car. The period for this voucher sale will be announced on our website. It is also possible to use the parking lot without a voucher, against cash payment.

21.2 All visitors expressly agree to indemnify the Organiser against any liability for damage caused to, theft of, or other accidents involving vehicles or persons on the official Winter parking lots. 

ARTICLE 22

22.1 The Organisers are liable for direct damage suffered by a visitor that is directly and solely caused by a breach on the part of the Organiser, but only damage for which the Organiser is insured and which is compensated by the insurer is eligible for compensation. Excluded from compensation are: (i) consequential damage, (ii) immaterial damage (iii) and intentional damage or damage caused by wilful recklessness of the visitor.

22.2 All visitors enter the Tomorrowland Winter parking lots and grounds at their own risk, in the sense that the Organiser does not accept any liability for damage caused by entering the site and/or attending the concerts, e.g. loss of hearing, loss of vision, or other physical impairments.

ARTICLE 23

23.1 The Organiser may only cancel or postpone Tomorrowland Winter in the event of force majeure or if the Organiser has another demonstrable compelling reason to cancel or postpone Tomorrowland Winter. Force majeure events include but are not limited to: terrorist threats, terrorist attacks, inclement weather, strikes, fire, war, government intervention, pandemics, illness of artists, failure of and/or delays in technical facilities, failure of and/or delays in means of transport, etc.

23.2 In no event is a refund of the purchase price possible if visitors wish to cancel their ticket for Tomorrowland Winter due to concerns over terrorist threats and/or attacks. 

ARTICLE 24

24.1 Cashless - general

“Cashless payments” are the payment method used at Tomorrowland Winter (“the Festival”). The Organisation reserves the right to allow other payment methods, such as cash payments and/or payments via other electronic devices.
“Pearl” is the official currency at Tomorrowland Winter. Visitors can purchase “Pearls” via the Tomorrow Winter Cashless system by an online top-up or a top-up at Tomorrowland Winter. 
Through an online top-up transaction on the website or by entering Tomorrowland Winter, visitors automatically accept the Cashless terms and conditions set herein.
The Organiser cannot be held liable if the cashless system does not work, does not work without defects or only works in part during Tomorrowland Winter. In that event, the Organiser will provide a back-up scenario for Visitors.

24.2 Cashless - transaction disputes

24.2.1 Top-up transactions

All disputes related to online top-up transactions must be reported immediately to cashlessrefunds@tomorrowlandwinter.com. Complaints related to online transactions will be accepted up to three months after Tomorrowland Winter. Visitors are asked to include the necessary supporting documentation when they communicate with the Organiser.
Visitors must report disputes regarding top-up transactions made at Tomorrowland Winter to both a Cashless Customer Service point at Tomorrowland Winter and email these to cashlessrefunds@tomorrowlandwinter.com. The Organiser reserves the right to refuse disputes if neither proof nor documentation regarding the dispute have been submitted. Visitors can track top-up transactions in their online Cashless Account.

24.2.2 Other transactions

All other transaction disputes must be reported to the Cashless Customer Service point at Tomorrowland Winter as soon as possible.

24.3 Support in the case of loss or theft of the value

Visitors are at all times responsible for their cashless support (Bracelet or Cashless Card) onto which the “Pearls” were topped-up. The Organiser cannot be held liable for theft or loss.
In the event of loss or theft, Visitors can deactivate their cashless support via their online Cashless Account or by visiting a Cashless Customer Service point at Tomorrowland Winter.

24.4 Refunds

With the exception of the Bonus Pearls and Pearls pre-loaded by the Organiser, cashless Pearls can only be refunded after the festival. As a result, the Organiser will not refund any Pearls during the Festival (even if a Visitor is denied admission to the Festival).
All refunds are subject to a refund fee.
In the case of a back-up scenario, the Organiser will propose an alternative payment method for Visitors. The Organisation reserves the right not to refund any Pearls.

24.4.1 Automatic refunds

All online top-ups or transactions through the website are subject to automatic refunds if implemented by international brands. The international brands are: Bancontact, iDeal, VISA and Mastercard. The Organisation reserves the right to add or remove payment methods if necessary.
The Organiser will strive to initiate automatic refunds within a period of 7 days following the end of the Festival. That timeframe is subject to possible delays that are beyond the Organiser’s control. The refunds will be paid using the same method as the one used for the online top-up. The time at which the payment is visible on the proof of the electronic payment method depends on the currency, the country and the required processing time where the payment processor is based.
Refunds that qualify for an automatic refund are effected automatically. The Organiser is not able to manually block certain payments, nor is the Organiser authorised to change the payment method of the refund.

24.4.2 Manual refunds

Manual refunds will be applicable to all amounts that are topped-up on the cashless support during the festival.
Manual refunds may be requested until Sunday 31 March 2019, 23h59 CET. No requests for a refund submitted after this date will be taken into account. We advise our Visitors to make maximum use of online top-ups.
The Organiser endeavours to begin the refund process within a period of seven working days after the end of the registration period for these refunds. This timeframe is subject to possible delays beyond the Organiser’s control. The refunds will be conducted using the payment method indicated by the Visitor on the “manual refund form”.
Because manual refunds are processed individually, there is a minimum processing period between the notification from the cashless system and the effective payment. This processing period will take approximately three banking days. The Organiser cannot be held liable within this minimum processing period. The processing period depends on the selected refund method.
Visitors are responsible for providing the correct refund information to the Organiser. If Visitors do not provide the Organiser with the correct information, the Organiser reserves the right to not carry out the refund.
NON SEPA refunds are subject to an additional bank fee of € 7.00, which will be deducted from the amount of the refund. These payments require an additional processing period of at least three banking days and are subject to additional bank charges imposed by the destination bank. Visitors will pay these charges.

24.5 Processing of payment data and privacy statements

24.5.1 Ingenico

For Ingenico’s privacy policy, please see https://payment-services.ingenico.com/be/en/cookie-policy.  

ARTICLE 25 - SUNWEB’S GENERAL TERMS AND CONDITIONS

Sunweb.be acknowledges the general terms and conditions of the Travel Industry Disputes Committee. They can be found here.

25.1 Area of application 

These general terms and conditions are applicable to the sales of travel services that are booked after July 1st2018 and are in accordance with the Legislation concerning the sales of travel packages, linked travel arrangements and travel services of November 21 2017.

25.2 Promotion 
25.2.1 The information in the travel brochure is binding on the tour operator or travel agent that published the brochure, unless: a) changes to this information are notified to the traveller clearly, in writing and prior to the conclusion of the contract; the brochure must clearly state this;
b) subsequent changes occur pursuant to a written agreement between the parties to the contract. 
25.2.2 The tour operator and/or travel agent may discontinue some of their travel promotion in full or in part for a specified or unspecified period. 

25.3 Information to be provided by the tour operator and/or travel agent 
The tour operator and/or travel agent are required: 
25.3.1 to provide to the travellers in writing prior to concluding the contract for organising or mediating travel:
a) the general information pertaining to passports and visas and the formalities related to health care that are necessary for the trip and accommodation, in order to enable the travellers to get the necessary documents in order. Travellers who do not have the Belgian nationality must make inquiries with the relevant embassy/embassies or consulate(s) regarding what administrative formalities they must comply with;
b) information about the taking out and the contents of cancellation and/or assistance insurance;
c) the general and special terms and conditions applicable to the contracts. 
25.3.2. to provide the travellers with the following information in writing no later than seven calendar days before the departure date: 
a) timetables and stops and connections and, if possible, the traveller’s seat;
b) name, address, telephone and fax number and/or email address of either the local representative of the tour operator and/or mediator, or the local bodies that can assist the traveller in the case of difficulties or the travel agent or the tour operator directly;

The aforementioned period of seven calendar days is not applicable in the case of a contract concluded tardily: 

25.4 Information to be provided by the traveller 

The traveller must provide the tour operator and/or travel agent with all useful information expressly requested from the traveller or that could reasonably affect the trip. 
If the traveller provides incorrect information and this leads to additional costs for the tour operator and/or travel agent, such costs may be charged. 

25.5 Formation of the contract 
25.5.1 When the trip is booked, the travel agent or the tour operator is required to give the traveller an order form in accordance with the law.
25.5.2 The contract for organising travel is formed when the traveller receives the written confirmation of the booked trip from the tour operator, whether or not via the travel agent acting on behalf of the tour operator. 

If the contents of the order form deviate from those of the travel confirmation or if there is no confirmation within 21 days after the order form is signed, the traveller may presume that the trip was not booked and is entitled to the immediate refund of all amounts already paid. 

25.6 Price 
25.6.1 The price agreed in the contract cannot be revised unless this is expressly provided for in the contract, along with the precise calculation method, and in so far as the revision is the result of a change in:
a) the exchange rates applied to the travel and/or
b) the transportation costs, including fuel costs, and/or 
c) levies and taxes owed for certain services. 
In that event, a condition is that said changes will also give cause to reduce the price.
25.6.2 In no event may the price set in the contract be increased within the 20 calendar days that precede the departure date. 
25.6.3 If the increase exceeds 10% of the total price, the traveller may terminate the contract without owing compensation. In this event, the traveller is entitled to the immediate refund of all the amounts he has paid to the tour operator. 

25.7 Payment for the trip 
25.7.1 Unless expressly agreed otherwise, when signing the order form the traveller pays part of the total travel sum as provided in the special travel terms and conditions by way of advance.
25.7.2 If, after being notified that he is in default, the traveller fails to pay the advance or travel sum required, the tour operator and/or the travel agent will have the right to automatically terminate the contract with the traveller, with the costs being borne by the traveller.
25.7.3 At the moment of purchase, a prepayment of at least 50% up to a maximum of €2500 with a debit or credit card will become due. Bank transfer is not possible.

 Unless agreed otherwise on the order form, the traveller will pay the balance no later 14 calendar days after the booking date and on condition that he receives the written confirmation of the trip and/or the travel documents in advance or at the same time. In case of non-payment of the remaining amount, prepayment will not be refunded. There will be a 75% cancellation fee up to 30 November 2018 and a 100% cancellation fee from 1 December 2018.

25.8 Transferability of the booking 
25.8.1 The traveller may, prior to December 15 2018, let the travel agent change a name in the package to the name of a third party against for a fixed fee of €350, who must comply with all conditions of the contract for the organisation of the travel. 
25.8.2 The transferring traveller and the transferee are jointly and severally liable for the payment of the total price of the trip and the costs of the transfer.

 
25.9 Other changes by the traveller 
If the traveller requests a different change, the tour operator and/or the travel agent may charge the costs incurred as a result. 

25.10 Change by the tour operator prior to departure 
25.10.1 If, prior to the trip, one of the essential elements of the contract cannot be executed, the tour operator must inform the traveller of that as soon as possible, but in any event prior to departure and inform him of the possibility of terminating the contract free of charge, unless he accepts the tour operator’s proposed change. 
25.10.2 The traveller must inform the travel agent or the tour operator of his decision as soon as possible, but in any event prior to departure.
25.10.3 If the traveller accepts the change, a new contract or an addendum to the contract must be compiled announcing the changes made and the effect thereof on the price.
25.10.4 If the traveller does not accept the change, he may request the application of Article

25.11 Termination by the tour operator prior to departure 
25.11.1 If, prior to the commencement of the trip, the tour operator terminates the contract due to a circumstance that can be attributed to the traveller, the traveller has the choice between:
- either accepting a new trip offered of similar or better quality, without having to pay a surcharge: if the trip offered as a replacement is of a lesser quality, the tour operator must refund the price difference as soon as possible;
- or the refund, as soon as possible, of all amounts he paid pursuant to the contract.
25.11.2 Where applicable, the traveller can also claim compensation for the non-performance of the contract, unless: the tour operator cancels the trip because the minimum number of travellers stipulated in the contract and necessary for the trip, was not reached and the traveller is informed of this in writing within the period stated in the contract and at least 15 calendar days prior to the departure date; the cancellation is the result of force majeure, which does not include overbooking. Force majeure means abnormal and unforeseeable circumstances which independently of the wish of the party invoking it and the consequences of which could not be avoided despite all precautionary measures. 

25.12 Full or partial non-performance of the trip 
25.12.1 If it turns out during the trip that some of the services to which the contract pertains cannot be performed, the tour operator will take all necessary measures to offer the traveller appropriate alternatives free of charge with a view to the continuation of the trip.
25.12.2 If there is a difference between the intended services and those actually provided, the tour operator will compensate the traveller for this difference. 
25.12.3 If such an arrangement proves to be impossible or if the traveller does not accept said alternative for sound reasons, the tour operator must provide the traveller with an equivalent means of transport that takes him to the departure location and, as the case may be, compensate the traveller. 

25.13 Termination by the traveller 
The traveller may terminate the contract in full or in part at all times. If the traveller terminates the contract due to a circumstance that can be attributed to him, he will compensate the damage that the tour operator and/or mediator suffers as a result of the termination. Alternatively, the damages may be stipulated in the special conditions or in the travel schedule, but may not exceed 100% of the price of the trip. 

25.14 Liability of the tour operator 
25.14.1 The tour operator is liable for the proper performance of the contract in accordance with the expectations that the traveller may reasonably have on the basis of the provisions of the tour operator's contract, and for the obligations arising from the contract, irrespective of whether these obligations are to be carried out by the tour operator or by other service providers, without prejudice to the tour operator's right to hold these other service providers liable. 
25.14.2 The tour operator is as liable for omissions by its employees and representatives acting in the performance of their function as it is for its own acts and omissions.
25.14.3 If an international treaty is applicable to a service included in the contract, the tour operator’s liability will be excluded or limited in accordance with that treaty.
25.14.4 In so far as the tour operator itself does not provide the services provided for in the travel contract, its liability for material damage and compensation for the loss of enjoyment of the trip will be limited to twice the travel sum. 
25.14.5 For the rest, Articles 18 and 19 of the Act of 16 February 1994 are applicable. 

25.15 Liability of the traveller 
The traveller is liable for any damage suffered by the tour operator and/or travel agent, their employees and/or their representatives as a result of his error, or if he has failed to fulfil his contractual obligations. The error will be assessed according to the traveller’s ordinary behaviour. 

25.16 Complaints procedure 
Prior to departure: 
25.16.1 If the traveller has a complaint before departure, he must submit it to the travel agent and/or tour operator as soon as possible by registered letter or by recorded delivery. 

During the trip: 
25.16.2 The traveller must report complaints during the execution of the contract as soon as possible on the spot, in an appropriate and evidentiary manner, so that a solution can be sought. 
For this purpose, he must - in this order - contact a representative of the tour operator or a representative of the travel agent, or the travel agent directly or, lastly, the tour operator directly. 

After the trip: 
25.16.3 If a complaint is not satisfactorily solved on the spot or if it was impossible for the traveller to make a complaint on the spot, he must lodge a complaint with the travel agent or, failing that, with the tour operator by registered letter or by recorded delivery no later than one month after the end of the travel contract. 

25.17 Reconciliation procedure 
25.17.1 In the event of a dispute, the parties must first attempt to mutually reach an amicable settlement.
25.17.2 If this attempt to reach an amicable settlement fails within a period of one to three months, each of the parties involved may request the secretariat of the Reconciliation Unit of the Travel Disputes Committee to initiate reconciliation proceedings. All parties must agree to that.
25.17.3 To this end, the secretariat will provide the parties with an information brochure, reconciliation rules and an “agreement for reconciliation". The reconciliation proceedings will commence once the parties involved have completed and signed this contract (jointly or separately), and as soon as each party has paid an amount of € 50.
25.17.4 In accordance with the simple procedure described in the rules, an impartial conciliator will subsequently contact the parties in order to seek a fair reconciliation between the parties.
25.17.5 Any settlement reached will be laid down in a binding written agreement. 

Secretariat of the “Reconciliation Unit”: Koning Albert II laan 16, 1000 Brussels, email: verzoening.gr@skynet.be 

25.18 Arbitration or Court 
25.18.1 If no reconciliation proceedings are instituted or if these fail, the claim will be under the jurisdiction of the competent court of Antwerp.
25.18.2 In respect of claimed amounts starting at € 1,250, each defendant has a period of 10 calendar days to refuse the arbitration proceedings request by the claimant by registered letter, following which the dispute can be brought before the ordinary court. For amounts below € 1,250 the option to refuse the arbitration proceedings is only available to the traveller. 
25.18.3 These arbitration proceedings are regulated by dispute regulations and can only be instituted after no amicable settlement can be reached within a period of four months following the (envisaged) end of the trip (or possibly starting from the performance that gave rise to the dispute). Disputes related to physical injury can only be adjudicated by the courts. 
25.18.4 The arbitral tribunal, comprised equal numbers of representatives, will hand down an award in accordance with the dispute regulations that is binding and conclusive. This award cannot be appealed. 

Secretariat of the arbitral tribunal and general secretariat of the Travel Disputes Committee: Koning Albert II laan 16, 1000 Brussels
e-mail: clv.gr@skynet.be 

 

ARTICLE 26 - SUNWEB SPECIAL TERMS AND CONDITIONS

26.1 Formation and contents of the agreement
26.1.1 Formation
When you have provided all data and agreed to the general and special terms and conditions, Sunweb.be considers this to be a definitive reservation. The special terms and conditions will be applied in the event of changes and cancellations. Sunweb.be also considers a request for a reservation a definitive reservation. After the formation of the agreement, the traveller will receive a written or electronic confirmation, possibly in the form of an invoice.
26.1.2 Revocation
The tour operator’s offer is without obligation and if necessary, may be revoked by it. Revocation must take place as soon as possible, but no later than eight office hours after acceptance, stating reasons. Revocation due to correction of errors in the calculation of the travel sum is permitted. Revocation due to an increase of the travel sum must comply with the requirements in Article 26.4.
26.1.3 Travel time
If, in the event of trips that include transportation, the travel time and duration of the stay is stated in days in the publication, the days of departure and arrival will be considered whole days, regardless of the departure and arrival times. In some instances, the actual duration of the stay at the destination may be fewer days than stated in the publication.

26.2 Travel sum
26.2.1 Prices
The prices stated on the Sunweb.be website (www.sunweb.be) are per person (in the event of travel by air, inclusive of airport tax) and are only valid if the minimum number of travellers is reached. Lockers and the like must be paid on site. The stated prices of these local costs are an indication and may vary at the destination. The prices are determined on the basis of prices, taxes and exchanges rate of October 2010.
The costs of the charter flights are based on a fuel cost of € 520 per megaton. A price revision will be effected in the event of an increase or decrease starting at 15%.
This means that if the fuel cost is higher than € 598 per megaton, the following surcharge will apply. For each additional € 20 that is exceeded, the following surcharge again applies (a second surcharge will be calculated for € 618 per megaton, third surcharge for € 638 per megaton, etc.)
If the fuel is cheaper than € 442 per megaton, the following amount will be applied as a discount. For each additional decrease of the fuel price of € 20, this again applies (a second discount will be granted at € 422 per megaton, third discount at € 402 per megaton, etc.).
26.2.2 Change of travel sum
Sunweb.be has the right to increase the travel sum up to 20 days prior to the departure date (in the case of own transport prices before the date of arrival of the first stay booked) in connection with changes to the transportation costs (including fuel costs), taxes, levies owed and the applicable exchange rates.

26.3 Bookings and payment
26.3.1 Joint and several liability
The person who books the trip is jointly and severally (also for all other people for whom he/she books). In the case of minor travellers, the consent of parents or guardians must be demonstrated. All traffic (including payments) between the traveller(s) and the travel agent is solely between the person who booked the trip.
26.3.2 Changes
After the invoice is prepared, you may ask for a name change before December 15 2018. For each name change € 350 of change-over costs will be charged. A postponement of the departure date or a reduction of the number of paying passengers will be considered a (partial) cancellation to which the cancellation terms and conditions are applicable
26.3.3 Cancellation
Cancellations must be notified in writing within three days after the event as a result of which the trip is cancelled (in full or in part). Bear in mind that a cancellation is never free of charge. This is only the case if you have taken out cancellation insurance and if you have a valid right to a partial refund of the travel sum. Sunweb.be can only process a cancellation if it has been submitted in writing by the person who booked the trip. A fellow traveller is not jointly and severally liable and can therefore not report a cancellation. For a complete overview and specific cancellation terms and conditions, see the special terms and conditions.
26.3.4 Cancellation costs
If an agreement is cancelled, the traveller will owe the following cancellation costs in addition to any reservations costs:
a. in the event of cancellation prior to 1 December 2018: 75%
b. in the event of cancellation from 1 December 2018: 100% of the travel sum.

In the event of a cancellation, the price of the insurance and the policy costs are always charged in addition to the cancellation costs, unless these amount to the entire travel sum.
26.3.5 Payment
The advance is 50% of the travel sum, with a maximum of € 2,500. The balance must be paid to Sunweb.be within 14 calendar days after booking.
If you book within six weeks prior to departure, you must transfer the total amount in one go.
If you fail to pay in a timely fashion, Sunweb.be will inform you of that in writing. You will then have the opportunity to pay the amount owing within seven working days. If payment is still not made, the contract will be deemed to have been cancelled. Sunweb.be has the right to charge the cancellation costs owed for that.
26.3.6 Interest and costs
Each unpaid invoice automatically entails, thus without an obligation to notify default, interest of 12% per annum as from the invoice date.
In addition, damages of 15% will be owed automatically, thus without an obligation to notify default being, with a minimum of € 37,50.
Payments of invoices after the due date will first be allocated to the interest due, then to the damages and lastly to the oldest outstanding invoice.

26.4 Jurisdiction
These conditions are exclusively governed by Belgian law, with the exclusion of conflict rules. All disputes ensuing from the present booking fall under the express jurisdiction of the courts of Antwerp and in particular, the Peace Court of the 12th District.

ARTICLE 27

27.1 These General Terms and Conditions are governed solely by Belgian law, with the exception of rules on the conflict of laws.  

27.2 All disputes will be adjudicated by the competent court in Antwerp to the exclusion of all other courts.

27.3.    However, the Organiser remains entitled to submit a claim to the court that would have jurisdiction pursuant to the statutory rules of jurisdiction.

27.4 If any provision in these General Rules and Conditions, or any part thereof is, or is declared, invalid or unenforceable, the other provisions of these General Rules and Conditions or the remaining part of that provision will remain in full force and this provision will be automatically replaced (by operation of law) by a valid provision that corresponds to the purport of the invalid provision as much as possible.

FAILURE TO COMPLY WITH THE GENERAL RULES AND CONDITIONS WILL RESULT IN ADMISSION BEING REFUSED OR DENIED, OR IN BEING EXPELLED, WITHOUT ANY REFUND OF THE ENTRANCE FEE. ALL VISITORS WHO ARE REFUSED OR DENIED ADMISSION OR ARE EXPELLED ARE OBLIGED TO IMMEDIATELY LEAVE THE FESTIVAL GROUNDS.