General Terms and Conditions 

General Terms and Conditions Tomorrowland Winter 2022

  • Annex 1: Festival admittance
  • Annex 2: House Rules
  • Annex 3: Cashless payments
  • Annex 4: Voucher sales / add-on sales
  • Annex 5: General travel conditions of the travel disputes committee for package travel agreements.
  • Annex 6: Sunweb special terms & conditions
  • Annex 7: Standard information form for package travel contracts

These general terms and conditions apply to the purchase by the Customer of Festival Products and/or Services via the Official Sales Channels and the subsequent use of those Festival Products and/or Services by the Festival Visitor (all as defined herein).

1.         Definitions

1.1       Agreement: the agreement between the Customer and the Official Sales Channel (as applicable) for the purchase of Festival Products and/or Services. Such agreement consists of theConditions, the purchase confirmation and all other provisions annexed or referred to in these Conditions and/or the purchase confirmation and the general terms and conditions of Sunweb and/or the Travel Partner (as applicable). 

1.2       Conditions: the present general terms and conditions, including its annexes.

1.3       Consumer: the natural person who does not act for the purposes relating to his or her commercial, business, craft or professional activity.

1.4       Customer, You, Your: the Consumer, the legal entity or the actual association who enters into the Agreement for the purchase of the Festival Products and/or Services as provided for herein. 

1.5       Festival: the 2022 edition of the electronic dance music festival known as “Tomorrowland Winter”, currently held in Alphe D’Huez, France, taking place from March 19th up to and including March 26st 2022.

1.6       Festival Organizer: TL Winter bv, a limited liability company duly existing and organized under the laws of Belgium, with registered offices at Korte Vlierstraat 6, 2000 Antwerp, Belgium, and VAT number BE 0695.403.787, the organizer and producer of the Festival. 

1.7       Festival Travel Package: the various packages offered for sale by Sunweb and the Travel Partner, including (depending on the specific package) Festival admission ticket, lift&ski pass, lodging, flights and transport.

1.8       Festival Products and/or Services: the products and/or services relating to the Festival, as offered to and purchased by the Customer via the Official Sales Channels, meaning (i) the Festival Organizer for the purchase of Festival admittance tickets (and lift&ski passes) and (ii) Sunweb or the Travel Partner for the purchase of Festival Travel Packages. Festival Products and/or Services always include a Festival admittance ticket. Vouchers can be added to such purchase and vary per Official Sales Channel, subject to the Specific Terms and Conditions set forth in Annex 4. Pearls can be purchased via the Tomorrowland Account and at the Festival, subject to the Specific Terms and Conditions for Cashless Payments set forth in Annex 3.

1.9       Festival Visitor: The natural person who has a validly registered Tomorrowland Winter Bracelet in his/her name (as determined herein) and ultimately consumes the Festival Products and/or Services under the Agreement (e.g. the employees or customers of B2B Customers or the natural persons who privately purchase a Festival ticket). 

1.10     Force Majeure: Any of the following events the occurrence of which makes performance of obligations (excluding payment obligations) under the Agreement and/or the Festival impossible, impracticable or unsafe: an act of God (including without limitation avalanches), inevitable accident, fire, strike or other labor dispute, war or threat of war, act of public enemy, act of terrorism or threats thereof, riot or civil commotion, national state of emergency, enactment, rule, order or act of any government or governmental instrumentality, failure of technical facilities, epidemic (including a health epidemic), interruption in, or substantial delay of necessary transportation services, or any event or condition beyond a party’s reasonable control, as applicable. Inclement weather shall, in principle, not be deemed Force Majeure, provided however that should such weather conditions be severe or threatening enough to render a declaration by the applicable public authorities that conditions threaten public safety, then such weather condition shall be deemed Force Majeure hereunder.

1.11     Official Sales Channel: Festival Products and/or Services can only be purchased via the Festival Organizer, Sunweb or the Travel Partner. The Festival Products and/or Services offered via the Festival Organizer are processed via the Festival Organizer’s service provider Paylogic.

1.12     Paylogic: Paylogic Holding B.V. operates an online platform for tickets sales and access management and is engaged by the Festival Organizer as a supplier to make its platform available for the Festival Organizer to enter into an Agreement with the Consumer for the sale of certain Festival Products and Services as mentioned herein.

1.13     Pearls: the official currency of the Festival, which can be purchased via the Tomorrowland Account and at the Festival. After purchase, Pearls are loaded onto the Tomorrowland Winter Bracelet. The purchase and use of Pearls are subject to the Specific Terms and Conditions for Cashless Payments set forth in Annex 3.

1.14     Sunweb: Sunweb Group GmbH, a travel organization and ski touroperator offering various holidays around the world. Sunweb is the exclusive partner of the Festival Organizer for the sale of Festival Travel Packages via its Belgian branch www.sunweb.be.

1.15     Tomorrowland Account: by creating an online account on www.tomorrowland.com you are able to pre-register for ticket sales and stay up-to-date on all Tomorrowland related news.

1.16     Tomorrowland Winter Bracelet:  the Festival Visitor can only access the Festival and consume his/her lift&ski pass and purchased Pearls via a personalized and activated bracelet.

1.17     Travel Partner: the official Tomorrowland Winter travel partners expressly stated on www.tomorrowland.com having the right to purchase Festival Travel Packages from Sunweb and sell them via their own sales channels by supplementing the Festival Travel Package with a travel service within the meaning of the EU Package Travel Directive.

1.18     Treasure Case: the Festival case holding the Tomorrowland Winter Bracelet, which can be bought by Customer in line with these Conditions.

1.19     Voucher: a Tomorrowland Winter voucher represents an additional purchase made with an independent third party (e.g. ski material provider, locker provider, shuttle provider, wellness and other service/activities providers active on or around the Festival premises). Vouchers are promoted and offered for sale by the Festival Organizer and Sunweb.
 

2.         Scope of the Conditions

2.1       The annexes attached hereto form an integral part of these Conditions. The Customer is asked to accept these Conditions during the purchase process and at the latest upon entering into an Agreement via the Official Sales Channels. You can always consult a these Conditions on our website www.tomorrowland.com or on request from the Festival’s customer service.

2.2       Should You not only purchase Festival Products and/or Services for yourself but also for others, we remind you that You are and remain solely responsible for providing such people with the present Conditions and any other terms and conditions which may apply to Your purchase (including those mentioned under Article 2.3 below) and obtaining their consent with such terms prior to Your purchase. For the avoidance of doubt, insofar and to the extent that a direct relationship between the Festival Organizer and any of the said persons would be established in the course of the execution of the Agreement (e.g. in the context of the creation of a Tomorrowland Account or the purchase of Pearls and Vouchers), such person will be asked to read and accept the relevant terms and conditions of the Festival Organizer.

2.3       When You purchase Festival Products and/or Services via Sunweb or a Travel Partner, these parties (and not the Festival Organizer) qualify as your contracting party. You enter into an Agreement with them and are subject to their own terms and conditions for the purchase made. To this end, Sunweb or the Travel Partner (as applicable) are and remain solely responsible for providing you with a copy of the applicable terms and conditions (including these Conditions) during the purchase process and no later than at the conclusion of the Agreement between them and You. Note that those terms prevail over these Conditions in case of conflict or ambiguity. The Festival Organizer is exempt from any contractual liability towards You.
 

3.         Festival Products and/or Services: general provisions

3.1       No right of withdrawal

3.1.1    The right of withdrawal is expressly excluded on the basis of article VI.53, 12° of the Belgian Code on Economic Law (“Wetboek Economisch Recht – Code de Droit Economique”). This means that You do not have a cooling-off period of fourteen (14) days to cancel / return the Festival Products and/or Services You have purchased online.

3.2       Age requirement

3.2.1    The minimum age for Festival admission is eighteen (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. The Festival Organizer will deny admission to the Festival if, e.g. as a result of the identity control mentioned hereunder, the Festival Visitor hasn’t reached such age at the latest upon the start of the Festival.

3.3       Official Sales Channels

3.3.1    Festival Products and/or Services can only be purchased via the Official Sales Channels.

3.3.2    Festival Products and/or Services that are obtained in a different manner (either through a different sales channel, or by evading, in any way, the procedure prescribed in the pre-registration link that provides access to the online ticket shop) will not be deemed valid by the Festival Organizer and the Festival Organizer reserves the right to deny the holder of the Festival ticket access to the Festival.

3.4       Tomorrowland account and pre-registration

General

3.4.1    Unless otherwise indicated by the Festival Organizer, Festival Products and/or Services can only be sold to those who have a Tomorrowland Account, which can be created on www.tomorrowland.com.  The Festival Organizer in any event advises to create a Tomorrowland Account.

3.4.2    When creating a Tomorrowland Account, you will be asked to read and accept the Festival Organizer’s terms and conditions and Privacy Policy for the Tomorrowland Account.

Pre-registration

3.4.3    Only a Tomorrowland Account can give access to Festival pre-registration. The Festival Organizer will inform the account holders about the start of pre-registrations via the Tomorrowland Account and the contact details provided during the account registration. Automated pre-registrations are not permitted.

3.4.4    As soon as the official sale of Festival Products and/or Services starts, the account holder will be able to access the online ticket shop of Paylogic and Sunweb via an automated link in the Tomorrowland Account. Purchased tickets and bracelets are not exchangeable for another type of ticket/package.

3.5     Festival admittance ticket

3.5.1    Your purchase of Festival Products and/or Services, regardless of the Official Sales Channels, always includes the purchase of a Festival admittance ticket.

Personalization

3.5.2    Each Festival admittance ticket must be personalized by entering the Festival Visitor’s name, e-mail address and nationality. The Festival Visitor can be You and/or other people you purchase tickets for. 

3.5.3    Unless otherwise stated by the Festival Organizer, this personalization of the Festival admittance ticket must take place during the time period stated in the ticket confirmation e-mail sent to You. After this period, the personalization is final and the provided personal data can no longer be changed.

3.5.4 Should you buy a Festival admittance ticket not only for yourself but also for others (your “Guests”) You are and remain solely responsible for obtaining - as far as required by law – these people’s permission to provide their personal data to the Festival Organizer as part of the personalization of such ticket as mentioned herein. The provisions of Article 2.2. equally apply.

3.5.5 After personalization of the Festival admittance ticket, Your personalized Guests will be invited by the e-mail address You provided us with in order for each guest to be invited to create a Tomorrowland Account. Your purchase of a Festival admittance tickets will only be final after all Your guests have created their proper Tomorrowland Account within the time periods stated in the confirmation e-mail sent to You. The provisions of Article 3.4.2 above shall equally apply.

3.5.6 The Festival Organizer reserves the right to cancel Festival admittance tickets that do not comply with the provisions of this Article and offer them for sale again. In that event, the purchase price for the relevant ticket(s) will be refunded to You (and only you) after deduction of a cancellation fee of EUR 10 per cancelled ticket.

3.6       Tomorrowland Winter Bracelet

3.6.1    For each purchased and personalized Festival admittance ticket, the Festival Organizer will provide You with a Tomorrowland Winter Bracelet which must be registered before access to the Festival can be granted to the Festival Visitor. A Tomorrowland Winter Bracelet is personal and can only give one (1) person access to the Festival.

3.6.2    The Festival Organizer will provide You with Your Tomorrowland Winter Bracelets at the location of the festival.

3.6.3   You will, upon availability, be able to buy a Treasure Case as an add-on to your Festival admittance ticket. In that case the Treasure Case will be sent (by default) to the delivery address mentioned in Your Tomorrowland Account unless You indicate otherwise during the purchase process. You can only enter one (1) delivery address for Your purchase. It is not possible to change the delivery addresses for Your Tomorrowland Winter Treasure Case after You have completed Your purchase.

3.6.4    The Festival Organizer will not provide a Treasure Case in case the Tomorrowland Winter Bracelet would be picked up at the Festival.

Festival access and identity check

3.6.5    Only a legitimate and registered Tomorrowland Winter Bracelet can grant the Festival Visitor access to the Festival premises. One must always be in possession of a valid Tomorrowland Winter Bracelet registered in his/her name to be admitted to the Festival. You enter the Festival premises at your own risk.

3.6.6    All Tomorrowland Winter Bracelets will be scanned and validated upon entering the Festival premises.

3.6.7    The Festival Organizer reserves the right to verify (or to have verified by appointed representatives) the identity of everyone entering the Festival premises. If one cannot identify him/herself or the name on the Tomorrowland Winter Bracelet does not match the identity of the Festival Visitor provided in the proof of identity, the Festival Visitor will be refused admission to the Festival. A valid proof of identity can be a valid non-expired identity card, passport or driving license. The name on the proof of identity must be the same as the name in which the Tomorrowland Winter Bracelet is registered. Copies of identity papers are not accepted. 

3.6.8    A refused admission in the context of Article 3.6.7 will not give You and/or your Guest right to a refund.

 Other services

3.6.9    The Tomorrowland Winter Bracelet not only serves as a Festival admittance ticket. Purchased lift&ski pass and Pearls are also uploaded on this bracelet. The Festival Visitor is required to scan his/her Tomorrowland Winter Bracelet to enter the Festival premises and access/use the lift&ski pass and purchased Pearls. 

Loss or theft of Your Tomorrowland Winter Bracelet

3.6.10 You are solely responsible for the loss or theft of Your Tomorrowland Winter Bracelet after it has been delivered to You by the Festival Organizer (in conformity with Article 3.6.2 of these Conditions).

3.6.11 If, for any reason whatsoever that is beyond the Festival Organizer’s reasonable control the treasure Case with the Tomorrowland Winter Bracelet cannot be delivered to the indicated address (including errors in the personal data You provide during the registration and purchase procedure, or because the postage parcel with the Treasure Case holding your Tomorrowland Winter Bracelet cannot be delivered by the postal services in the country of destination), You must contact the Festival Organizer so that the Festival Organizer can arrange for Your collection of the Tomorrowland Winter Bracelet at the Will Call Box Office at the Festival. Only You as the Customer and purchaser of the Tomorrowland Winter Bracelet can pick up these bracelets, not Your Guest/the Festival Visitor. A Tomorrowland Winter Bracelet must always be activated before it can grant the Festival Visitor access to the Festival and provide the services as mentioned herein.

3.6.12 In case of loss or theft under Article 3.6.10 the Festival Organizer will never be required to provide You with a new Treasure Case and/or Tomorrowland Winter Bracelet. No refund can be claimed either.

4.         Liability 

4.1       Liability of the Customer and Festival Visitor

Refused admission

4.1.1    Who fails to comply with these Conditions can immediately be refused admission to or be removed from the Festival premises. No refund will be granted unless when mentioned otherwise herein.

4.1.2    The Festival Organizer reserves the right to refuse admission for multiple editions of the Festival or any other events organized by the Festival Organizer and its affiliated companies depending on the nature of the failure to comply with these Conditions (e.g. when you sell drugs on the Festival).

Prosecution

The Festival Organizer reserves the right to prosecute any holder of forged Festival tickets and Festival bracelets.

4.2       Liability of the Festival Organizer

Direct damages

4.2.1    The Festival Organizer is only liable for the damages that are directly and solely caused by a breach on the part of the Festival Organizer. Excluded from compensation are (i) damage/losses due to Force Majeure, (ii) consequential damages and (iii) damages caused by misconduct, recklessness or serious shortcoming of the damage suffering party. 

4.2.2    Ski racks will be available outside the Festival premises. The Festival Organizer is not responsible for any damage to or loss of ski equipment. The Festival Visitor is advised not to leave ski equipment unattended.

Cancellation, relocation, or postponement of the Festival

4.2.3    The Festival Organizer may cancel, relocate or postpone the Festival for any reason including Force Majeure. You have the right to compensation of your Ticket value in accordance with the applicable law. No further (direct or indirect) damages can be claimed.
 

5.         Festival Products and/or Services purchased with the Festival Organizer

5.1       Paylogic platform

5.1.1    Festival Products and Services can be bought directly from the Festival Organizer, via a Tomorrowland Account (except for Vouchers, which can be purchased without such account) and through the Paylogic platform. A purchase can only be processed after the purchase price has been paid in full:

  • Festival admittance ticket (and lift/ski pass)
  • Vouchers issued by the Festival Organizer (e.g. restaurant and recreation vouchers such as sledging, paragliding and wellness, depending on the seasonal offer)

5.1.2    The Conditions and Privacy Policy of the Festival Organizer and the general terms and conditions and privacy policy of Paylogic are made available in full text and must be accepted before making a purchase.

5.2       Pearls

5.2.1    Pearls can be purchased via a Tomorrowland Account and at the Festival and loaded onto a Tomorrowland Winter Bracelet. The purchase and use of Pearls are subject to the Specific Terms and Conditions for Cashless Payments set forth in Annex 3, which are made available in full text and must be accepted before making an online top-up purchase. The Terms and Conditions for Cashless Payments will also be made available at the Festival top-ups. Who purchases his/her first Pearls via such Festival top-up will be deemed to have accepted such Terms and Conditions.

6.         Festival Products and/or Services purchased with Sunweb

6.1       General

6.1.1    Sunweb is the Festival Organizer’s exclusive partner for the sale of Festival Travel Packages. You can also buy Vouchers with Sunweb. These Vouchers are only offered for sale by Sunweb and include for example (depending on the seasonal offer) the following: ski material, ski lessons, travel insurance, bedlinen, towels and shuttles.

6.1.2    When You purchase Festival Products and/or Services via Sunweb it is Sunweb (and not the Festival Organizer) who qualifies as your contracting party. You enter into an Agreement with them and are subject to their own terms and conditions for the purchase made. To this end, Sunweb is and will remain solely responsible for providing You with a copy of the applicable terms and conditions (including these Conditions) during the purchase process and no later than at the conclusion of the Agreement between them and You. Note that those terms prevail over these Conditions in case of conflict or ambiguity. The Festival Organizer is exempt from any contractual liability towards You.

6.1.3    The combination of travel services offered to You by Sunweb is a package travel within the meaning of the Directive (EU) 2015/2302. In the event of any conflict between the provisions of the terms and conditions of Sunweb and the Directive, the Directive shall prevail.

6.2       Festival Travel Package Guarantee

6.2.1    In order to promote the diversity of the Festival, the first five (5) pre-registered Customers per nationality are guaranteed to be able to purchase a Festival Travel Package from Sunweb. The nationality of the Customer is registered via the account settings of the Tomorrowland Account.

6.2.2    If the nationality registered during the pre-registration does not correspond to the nationality used during the purchase of the Festival Travel Package via Sunweb, the change may be considered fraud. In that event, Sunweb reserves the right to cancel Your purchase.

7.         Festival Products and/or Services purchased with a Travel Partner

7.1       When You purchase Festival Products and/or Services via a Travel Partner, the Travel Partner (and not the Festival Organizer) qualifies as your contracting party. You enter into an Agreement with them and are subject to their own terms and conditions for the purchase made. To this end, Sunweb or the Travel Partner (as applicable) are and remain solely responsible for providing you with a copy of the applicable terms and conditions (including these Conditions) during the purchase process and no later than at the conclusion of the Agreement between them and You. Note that those terms prevail over these Conditions in case of conflict or ambiguity. The Festival Organizer is exempt from any contractual liability towards You.

7.2       The combination of travel services offered to You by the Travel Partner is a package travel within the meaning of the Directive (EU) 2015/2302. In the event of any conflict between the provisions of the terms and conditions of the Travel Partner and the Directive, the Directive shall prevail.

 

8          Privacy

8.1       When purchasing and/or using the Festival Products and/or Services, personal data is processed according to the Privacy Policy of the Event
Organizer, available on www.tomorrowland.com

8.2       When making your purchase via Sunweb or a Travel Partner, You are also subject to their privacy policy. The Festival Organizer has no control over the information You place there and how it is processed, nor are we responsible for it. It is up to you to handle this information wisely and to read the privacy policies of these third parties carefully.

 

9          Applicable law and competent court

9.1       These Conditions are governed solely by Belgian law, and no effect shall be given to any other rules on the conflict of laws.  

9.2       All disputes will be adjudicated by the competent court in Antwerp to the exclusion of all other courts. However, the Festival Organizer remains entitled to submit a claim to the court that would have jurisdiction pursuant to the statutory rules of jurisdiction.

9.3       The Festival Organizer hereby informs You about the existence of the European Union’s “Online Dispute Resolution” platform. A request for out-of-court dispute resolution in respect of purchases You have made online can be requested via http://ec.europa.eu/odr.
 

10.       Miscellaneous

10.1     If any provision in these Conditions, or any part thereof is, or is declared, invalid or unenforceable, the other provisions of these 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

 

Annex 1: Festival admittance

1.         Festival opening hours

1.1       The Festival opening hours are as follows (subject to change):

  • Saturday March 19th 2022:                                        12h00 – 00h00
  • Sunday March 20th 2022:                                          12h00 – 00h00                      
  • Monday March 21st 2022:                                         12h00 – 00h00
  • Tuesday March 22nd 2022:                                        12h00 – 00h00
  • Wednesday March 23rd 2022:                                   09h00 – 02h00
  • Thursday March 24th 2022:                                       09h00 – 02h00
  • Friday March 25th 2022:                                            09h00 – 02h00
  • Saturday March 26th 2022:                                        09h00 – 02h00

1.2       The artist line-up will determine the accessibility of the number of stages and the opening hours of each stage. Outside the opening hours of a stage, the stage area will not be accessible to the public.

1.3       With a validated Tomorrowland Winter Bracelet, the Festival Visitor can check-in and access the Festival premises until 23h30. If he/she exits the Festival premises after 23h30, re-entry on that same day is not possible for security reasons. The Festival admission ticket and Tomorrowland Winter Bracelet will not be reactivated until the next Festival day. 

2.         Festival program

2.1       The Festival Organizer may find itself forced by compelling reasons (e.g. weather circumstances, safety, artist cancellations) to change or alter the Festival program and close Festival stages. In this event, the Festival admission ticket will remain valid and no admission tickets will be refunded or exchanged.
 

Annex 2: House rules Tomorrowland Winter 2022

When visiting Tomorrowland Winter 2022, the following house rules apply to all visitors (the “House Rules”). The House Rules form an integral part of the Conditions and are also posted at the entrance of the Festival.

The House Rules are always carried out in accordance with the locally applicable rules and regulations.

TICKETS AND BRACELETS

  • Tomorrowland Winter tickets and/or bracelets are neither refundable nor exchangeable.
  • In the event of loss or theft of Tomorrowland Winter tickets and/or Bracelets they will neither be replaced nor refunded.
  • Persons under the age of 18 will not be allowed to enter, not even when accompanied by a parent, guardian and/or other adolescents.
  • The Festival Organizer and/or the official ticket vendor reserve the right to verify the identity of the Festival Visitor upon checking the ticket and/or scanning of the Tomorrowland Winter Bracelet. If you fail to present a valid proof of identity, security is authorized to refuse your access to the Festival. The following will be considered valid identification documents: identity card, passport or a driving license. Copies will not be accepted. In case you are caught with a fake identification document this will be considered identity fraud and you will be refused access to the Festival. You may also face criminal charges.
  • Tickets and/or bracelets for Tomorrowland Winter may not be used for commercial nor promotional purposes without the prior consent of the Festival Organizer.
  • Tickets and/or bracelets for Tomorrowland Winter cannot be resold without the explicit and written consent of the official ticket vendor or Festival Organizer. The festival tickets that are resold without this explicit and written consent of the official ticket vendor and/or the Festival Organizer do not give any right to enter the Festival. The Organizer and/or the official ticket vendor also reserve the right to cancel tickets for Tomorrowland Winter once it has been established that despite this prohibition Tomorrowland Winter tickets have been offered for sale. The costs resulting from this cancellation will be recovered from the buyer.
  • Changes in the line-up do not lead to a full or even partial refund of the Festival ticket.
  • Forgery of the ticket or bracelet of Tomorrowland Winter will be prosecuted.
  • You are not allowed to enter zones to which your bracelet does not allow admission (for example the Comfort zone, press zones, backstage, front of house, stages, etc.);
     

ACCESS CONTROL

  •  Access control is based on the applicable legislation for this purpose aimed at tracking weapons and dangerous items. If these items were to be present on the Festival premises, they could have a negative impact on the smooth operation of the event or jeopardize the safety of the Festival Visitors.
  • It is forbidden to enter the Festival grounds under the influence of alcohol and/or drugs. In case it becomes apparent you are under influence, you will be denied access or will be removed from the Festival grounds, without being entitled to a refund of the entrance ticket.

 

SAFETY CONTROL

  • Access to the Festival premises implies acceptance of all prevention and control measures taken by the Festival Organizer or the security team, including searches of persons and bags.
  • Anyone wishing to enter the Tomorrowland Winter grounds may be searched or patted down by security personnel before being allowed admission to the Festival premises, always in accordance with the locally applicable laws and regulations.
  • Security personnel may ask people of the same sex to subject themselves to a pat down and/or search of their clothes and luggage in order to intercept the banned objects set forth in the Festival House Rules (as included herein). If any banned objects are found, the security personnel will be entitled to confiscate the object(s) and to refuse the holder of the said objects admission to the Festival. There will be no refund.
  • •Anyone who is present at the Tomorrowland Winter grounds must obey the instructions and directions of the Festival Organizer or its authorized representatives at the Festival grounds at all times, in order to ensure the public order and safety during the Festival.
  • For safety reasons the Festival Organizer reserves the right:
    • to interrupt or discontinue the Festival;
    • to prevent Festival Visitors from leaving the Festival grounds until further notice;
    • to ask Festival Visitors to leave the Festival grounds;
    • to refuse Festival Visitors admission to the Tomorrowland Winter grounds, even if they possess a valid admission ticket.

PROHIBITED ITEMS

  • The following items are forbidden on the Festival grounds: animals (guide-dogs for people who are visually impaired excepted), own food and beverages, drugs, glass, cans, plastic bottles, weapons, flags of football clubs, sticks, walking sticks (medical crutches and devices excepted), banners, items with discriminating and/or provocative texts and/or expressions, drones, ski- and snowboard material, blunt, stab or thrust weapons or firearms or other items that might be used as a weapon, items that might have a negative effect on the safety, health or well- being of the Festival Visitors, spray cans, sprays, fireworks, liquids, flammable objects, torches and any other item which may be considered as dangerous by the Festival Organizer. When in doubt, go to www.tomorrowland.com.  
  • It is prohibited to have a bon fire.
  • To preserve the safety of Tomorrowland Winter and the other Festival Visitors, you cannot disguise yourself to make yourself unrecognizable. For the sake of clarity, you can wear a medical if you are obliged to wear this for medical reasons.
  • ALLOWED ON THE FESTIVAL GROUNDS:
 Guide-dogs for people who are visually impaired are allowed, as well as simple disposable or pocket cameras, prescription medicines, folding umbrellas without pin (no parasols), plastic film and blankets to sit/lie on, sunscreen lotion, perfume flasks, deodorant, refreshment water in a sprayer (in containers of max. 100ML) and small backpacks or other bags.
  • Directions and instructions of the (security) personnel should be followed immediately. In case of suspicion or actual possession of illegal or dangerous weapons, security is authorized to stop and search you.


DRUGS POLICY = ZERO TOLERANCE

  • Tomorrowland Winter has an absolute zero tolerance policy regarding drugs! It is prohibited to use, deal in or possess drugs on the Festival grounds. In case you are observed doing this, you will be removed from the Festival and You will be denied admission for a period of 5 consecutive years. Our policy is rigorously enforced and incidents will be handed over to the police. 
  • It is prohibited to deal drugs on the Festival grounds. If such infringement becomes apparent you will be removed from the Festival grounds and handed over to the police.
     

THE FESTIVAL GROUNDS – DAMAGE TO MATERIALS

  • The village of Alpe d’Huez, the venue for Tomorrowland Winter, is a winter resort. Hence, all visitors are requested to do their part to keep the area clean as much as possible. On the Festival grounds, ski slopes and the parking lot the locations where you can deposit your waste are clearly marked. Please put them to good use. Please ‘Love Tomorrow’.
  • The Festival Organizer invests a great deal of effort and manpower to turn Tomorrowland Winter into a magical world. We ask of every Festival Visitor to show proper respect! Tearing, breaking or any other form of destruction to the materials of the Festival Organizer, including stealing, will result in the removal from the Festival. Access will be denied for the remainder of the Festival and may be denied for the following years.
  • Visitors to Tomorrowland Winter are not allowed to climb on tents, constructions, fences, light bridges, benches, or any other structures on the Festival grounds.
     

MERCHANDISE

Official TML by Tomorrowland merchandise is only available for purchase on the Festival grounds, the official Tomorrowland webstore (store.tomorrowland.com) and in selected selling points.

 

PHOTOS AND VIDEO RECORDINGS – CAMERA SURVEILLANCE

  • There will be photo and video recordings during the Festival. Chances are that you will be filmed. By entering the Festival grounds you agree to the processing of this footage by TL Winter BV and its partners.
  •  Camera surveillance on Tomorrowland Winter is operated in accordance with local applicable legislation. These recordings will only be used for safety purposes during the Festival and will not be transferred to third parties except for the competent authority after the receipt of a formal request.
  •  The Festival Organizer and/or the official ticket vendor reserve the right to verify the identity of the Festival Visitor.
  • Digital photo cameras and/or video cameras are allowed on the Festival grounds with the exception of (semi-)professional equipment. Our advice: make as many movies as possible and put loads onto YouTube, Instagram, Twitter, Flickr, etc.!

TOILETS

Using the toilets is free of charge on Tomorrowland Winter. It is strictly prohibited to urinate in public. If caught urinating in public, you run the risk of being removed from the Festival grounds.

SMOKING

It is prohibited to smoke inside and/or in indoor stages. Designated smoking areas are provided.


PROMOTION

It is prohibited to distribute flyers or hang posters during the Festival! No flyers in the streets, on the ski slopes or on the Festival grounds.

SAFETY IN FRONT OF AND AROUND THE STAGE

CROWD SURFING IS PROHIBITED

Crowd surfing is prohibited at Tomorrowland Winter. Removal from the Festival grounds in the event of non-compliance with this rule will be the logical outcome.

Visitors to Tomorrowland Winter are not allowed to block entrances, exits and emergency exits.

LOSS OR DAMAGE

The artists and the organizers of Tomorrowland Winter cannot be held accountable for damage, loss or theft nor for any other accident/incident.
 

Annex 3: Cashless payments

The Tomorrowland Winter 2022 festival is a cashless festival.

1.         Cashless - general

1.1       “Cashless payments” are the payment method used at the Festival. The Festival Organizer reserves the right to allow other payment methods, such as cash payments and/or payments via other electronic devices.

1.2       “Pearl” is the official currency at the Festival. Festival Visitors can purchase “Pearls” via the Tomorrow Winter Cashless system by an online top-up through the Tomorrowland Account or a top-up at the Festival. Pearls will then be activated on the Tomorrowland Winter Bracelet. The value of one (1) Pearl will be made available to the Festival Visitor (on www.tomorrowland.com and the Tomorrowland Account) as soon as Pearls can be purchased. 

1.3       The Festival Organizer 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 Festival Organizer will provide a back-up scenario for Festival Visitors, e.g. via the provision of payment tokens. 
 

2.         Cashless - transaction disputes

2.1       Top-up transactions

2.1.1    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 the end of the Festival. Festival Visitors are asked to include the necessary supporting documentation when they communicate with the Festival Organizer.

2.1.2    Festival Visitors must report disputes regarding top-up transactions made at the Festival to both a Cashless Customer Service point at the Festival and e-mail these to cashlessrefunds@tomorrowlandwinter.com. The Festival Organizer reserves the right to refuse disputes if neither proof nor documentation regarding the dispute have been submitted. Festival Visitors can track top-up transactions in their Tomorrowland Account.

2.2       Other transactions

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

2.3       Support in the case of loss or theft of the value support

2.3.1    The Festival Organizer cannot be held liable for theft of loss of the cashless support (Tomorrowland Winter Bracelet or Cashless Card) onto which the “Pearls” are topped-up after such support has been delivered to the Festival Visitor.

2.3.2    In the event of loss or theft, Festival Visitors can deactivate their cashless support via their Tomorrowland Account or by visiting a Cashless Customer Service point at the Festival.

2.4       Refunds

2.4.1    With the exception of the Bonus Pearls and Pearls pre-loaded by the Festival Organizer, cashless Pearls can only be refunded after the Festival. As a result, the Festival Organizer will not refund any Pearls during the Festival (even if a Festival Visitor is denied admission to the Festival).

2.4.2    All refunds are subject to a refund fee, which will be will be made available to the Festival Visitor (on www.tomorrowland.com and the Tomorrowland Account) as soon as Pearls can be purchased. 

Automatic refunds

2.4.3    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 Festival Organizer reserves the right to add or remove payment methods if necessary.

2.4.4    The Festival Organizer 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 Festival Organizer’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.

2.4.5    Refunds that qualify for an automatic refund are effected automatically. The Festival Organizer is not able to manually block certain payments, nor is the Festival Organizer authorized to change the payment method of the refund.

Manual refunds

2.4.6    Manual refunds will be applicable to all amounts that are topped-up on the cashless support during and at the Festival.

2.4.7    Manual refunds may be requested until April 5th 2022, 23h59 CET. No requests for a refund submitted after this date will be taken into account. Festival Visitors are advised to make maximum use of online top-ups.

2.4.8    The Festival Organizer endeavors 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 Festival Organizer’s control. The refunds will be conducted using the payment method indicated by the Festival Visitor on the “manual refund form”.

2.4.9    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 Festival Organizer cannot be held liable within this minimum processing period. The processing period depends on the selected refund method.

2.4.10 Festival Visitors are responsible for providing the correct refund information to the Festival Organizer. If Festival Visitors do not provide the Festival Organizer with the correct information, the Festival Organizer reserves the right to not carry out the refund.

2.4.11 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. Festival Visitors will pay these charges.
 

3.         Third party service providers

3.1       The Tomorrowland Winter cashless payment system services are offered to the Festival Visitors with the support of 2 suppliers/payment providers: Intellitics and Ingenico.

 

Annex 4: Voucher Sales/ add on sales

A Tomorrowland Winter voucher represents an additional purchase made with an independent third party (e.g. ski material provider, locker provider, shuttle provider, wellness and other service/activities providers active on or around the Festival Premises). The Vouchers are promoted and offered for sale by the Festival Organizer and Sunweb.

The Festival Organizer offers (non-limitative and subject to change) the following Vouchers: restaurant and recreation vouchers such as sledging, paragliding and wellness.

Sunweb offers (non-limitative and subject to change) the following Vouchers: ski material, ski lessons, travel insurance, bedlinen, towels and shuttles.

When You purchase Vouchers from Sunweb or any other third party, these parties (and not the Festival Organizer) qualify as your contracting party. You enter into an Agreement with them and are subject to their own terms and conditions for the purchase made. To this end, Sunweb or the Travel Partner (as applicable) are and remain solely responsible for providing you with a copy of the applicable terms and conditions (including these Conditions) during the purchase process and no later than at the conclusion of the Agreement between them and You. Note that those terms prevail over these Conditions in case of conflict or ambiguity. The Festival Organizer is exempt from any contractual liability towards You.

All Tomorrowland Voucher purchases are final. It is not possible to cancel a Tomorrowland Winter Voucher. The right of withdrawal for online purchases is expressly excluded on the basis of Article VI.53, 12° of the Belgian Code on Economic Law.

The services included in the Vouchers may be cancelled, relocated or postponed for any reason including Force Majeure. You have the right to compensation of the Voucher value in accordance with the applicable law. No further (direct or indirect) damages can be claimed.

Annex 5: General travel conditions of the Travel Disputes Committee for package travel agreements.

Article 1: Scope

These general terms and conditions apply to package travel agreements that are booked from 1 July 2018 and are regulated by the Act on the sale of package travel, linked travel arrangements and travel services of 21 November 2017.

 

Article 2: Information from the organiser and retailer for the conclusion of the package travel agreement

2.1 The organiser and also the retailer provides the traveller before he or she is bound by a package travel contract, with the legally prescribed standard information, as well as, insofar as this applies to the package travel:

1 ° the main characteristics of the travel services:

a) the travel destination (s), the route and the periods of stay, with the dates and the number of nights;

b) the means of transport, their characteristics and categories, the places and dates and times of departure and return, the duration and place of stops and connections; if the exact time is not yet determined, this will be communicated approximately

c) the location, main characteristics and category of the accommodation according to the rules of the country of destination;

d) the meals provided;

e) the visits, excursions or other services included in the total price agreed for the package tour;

f) if it is not clear, whether the travel services are provided to the traveller as a member of a group;

g) the language in which other tourist services are provided;

h) whether the journey is generally suitable for people with reduced mobility;

2 ° the total price of the package, and where applicable, a statement of the type of additional costs that may be for the account of the traveller;

3 ° the payment modalities;

4 ° the minimum number of persons required for the execution of the package and the deadline for the possible termination of the contract if this number is not achieved;

5 ° general information about the requirements in the country of destination regarding passport and visa requirements, including the approximate time required for obtaining a visa and information on health formalities;

6 ° the statement that the traveller can cancel the agreement against payment of a cancellation fee;

7 ° information about cancellation and/or assistance insurances.

2.2 The professional ensures that the correct standard information form is provided to the traveller.

2.3 The pre-contractual information provided to the traveller forms an integral part of the package travel agreement. It cannot be changed unless the parties mutually agree.

Article 3: information by the traveller

3.1 The person concluding the package travel agreement must provide the organiser and retailer with all useful information about himself and his fellow travellers that may be relevant to the conclusion or performance of the agreement.

3.2 If the traveller provides incorrect information, and this leads to additional costs for the organiser and/or retailer, those costs may be charged.

Article 4: the package travel agreement

4.1 When concluding the package travel agreement or within a reasonable period of time, the organiser or, if a retailer is involved, the latter provides the traveller with a confirmation of the agreement on a durable medium, such as an e-mail, a paper document or a pdf.

In the event that the package travel agreement is concluded in the simultaneous physical presence of the parties, the traveller has the right to request a paper copy.

4.2 The package travel agreement or confirmation thereof contains the full content of the agreement, including all information as stated in Article 2 and the following information:

1 ° the special wishes of the traveller to which the organiser has responded;

2 ° that the organiser is responsible for the proper execution of the package, and has a duty of assistance;

3 ° the name and contact details of the entity that provides protection in the event of insolvency;

4 ° the name, address, telephone number, e-mail address of the local representative of the organiser or of another service in case the traveller is in difficulty or wishes to complain about the possible non-conformity;

5 ° the obligation of the traveller to report the non-conformity during the trip;

6 ° information on the basis of which direct contact can be made with an unaccompanied minor or with the person responsible for him at his place of residence;

7 ° information about the internal complaint handling;

8 ° information about the Travel Disputes Committee and the E.U platform. For online dispute resolution;

9 ° information about the passenger's right to transfer his contract.

4.3 In good time before the start of the package, the organiser provides the traveller with

1 ° the necessary receipts

2 ° the vouchers and tickets

3 ° information about the planned departure times and, if applicable, about the time to check in, the scheduled times of stops, connections and arrival.

Article 5: The price

5.1 After concluding the package travel agreement, the prices can only be increased if the agreement explicitly provides for this. In that case, the package travel agreement will state how the price revision is calculated.

Price increases are only permitted as a direct result of changes in:

1 ° the price of passenger transport due to the increased cost of fuel or other energy sources, or

2 ° the amount of taxes or fees on the travel services included in the contract, which are levied by third parties not directly involved in the execution of the package, including tourist taxes and departure or arrival taxes in ports and airports, or

3 ° the exchange rates that are important for the package.

If a price increase is foreseen, the traveller is entitled to a price reduction in the event of a decrease in the costs listed above.

5.2 If the increase exceeds 8% of the total price, the traveller can cancel the contract without cancellation compensation.

5.3 A price increase is only possible if the organiser informs the traveller no later than twenty days before the start of the package via a durable data carrier, such as an e-mail, a paper document or a PDF, stating the reasons for the price increase and a calculation.

5.4 In the event of a price reduction, the organiser has the right to deduct the administrative costs from the reimbursement due to the traveller. If requested by the traveller, the organiser substantiates these costs.

Article 6: Payment of the travel sum

6.1 Unless otherwise agreed, the traveller pays, when concluding the package travel contract, an advance of part of the total travel sum as stipulated in the special conditions.

6.2 Unless otherwise agreed in the package travel contract, the traveller pays the balance of the price no later than 1 month before the departure date.

6.3 If the traveller, after having been given notice of default in advance, fails to pay the advance or the travel sum demanded of him, the organiser and/or retailer will be entitled to terminate the contract with the traveller by operation of law, with the costs from the traveller.

Article 7: Transferability of the package travel agreement

7.1 The traveller can transfer the package travel agreement to a person who meets all the conditions that apply to that agreement on the condition that he:

1 ° inform the organiser and possibly the retailer as quickly as possible and no later than seven days before the start of the package via a durable data carrier, such as, e.g. an email, a paper document or a pdf, and

2 ° bears any additional costs arising from the transfer.

7.2 The person who transfers the package and the person who takes over the agreement are jointly and severally liable for the payment of the amount still due and for any additional fees that arise from the transfer. The organiser informs the person transferring the agreement of the costs of the transfer.

Article 8: Other changes by the traveller

If the traveller requests a different change, the organiser and/or retailer who can respond to it may charge all costs that are caused thereby.

Article 9: Change by the organiser before departure

9.1 The organization cannot unilaterally change the provisions of the package travel agreement, with the exception of price changes before the start of the package, unless:                           

1 ° the organiser has reserved this right in the agreement, and

2 ° it is an insignificant change, and

3 ° the organiser informs the traveller thereof via a durable data carrier, such as for example an e-mail, a paper document or a PDF.

9.2
1. I journey, the organiser is forced to radically change one of the main characteristics of the travel services or cannot meet the confirmed special wishes of the traveller, or proposes the price of the package by more than 8%, the organiser must inform the traveller and inform him:

1 ° of the proposed changes and their effect on the price of the package tour;

2 ° the possibility of cancelling the agreement without costs, unless he accepts the proposed changes;

3 ° the period within which he must inform the organiser of his decision;

4 ° the fact that if he does not explicitly accept the proposed change within the specified period, the agreements

5 ° if applicable, of the proposed replacement package tour and its price.

9.3 If the changes to the package travel agreement or the replacement package travel have the effect of reducing the quality or costs of the package travel, the traveller is entitled to an appropriate price reduction.

9.4 If the package travel agreement is terminated on the basis of Article 9.2 and the traveller does not accept a replacement package travel, the organiser will reimburse all paid amounts to the traveller no later than fourteen days after the agreement has been cancelled.

Article 10: Cancellation by the organiser before departure

10.1 The organiser can cancel the package travel agreement:

1 ° if the number of persons who have registered for the package is less than the minimum number stated in the agreement and the traveller is informed by the organiser of the cancellation of the agreement within the period specified in the agreement, but at the latest:

(a) twenty days before the start of the package for journeys lasting more than 6 days;

(b) seven days before the start of the package for journeys lasting two to 6 days;                                                                                   

(c) 48 hours before the start of the package for journeys lasting less than two days, or

2 ° if he is unable to perform the contract due to unavoidable and extraordinary circumstances and he informs the traveler before the start of the package that the agreement is being terminated.

10.2 In these cases, the organiser will reimburse the traveller for all amounts that he has received for the package trip without having to pay any additional compensation.

Article 11: Cancellation by the traveller

11.1 The traveler can cancel the package travel agreement at any time before the start of the package trip. In the event of cancellation, the traveller may be required to pay a cancellation fee to the organiser.

In the package travel agreement, standardized cancellation fees can be determined based on the time of cancellation before the start of the package and the expected cost savings and income from alternative use of the travel services.

If no standardized cancellation fees have been set, the amount of the cancellation fee corresponds to the price of the package, less the cost savings and income from alternative use of the travel services.

11.2 However, if unavoidable and extraordinary circumstances occur at the place of destination that has a significant impact on the execution of the package or have a significant effect on passenger transport from the travellers to the place of destination, the traveller is entitled to the package travel contract without payment cancel a cancellation fee. In the event of cancellation of the package travel agreement under this article, the traveller is entitled to a full refund of all amounts paid for the package, but he cannot claim additional compensation.

11.3 The organiser reimburses all amounts paid by or on behalf of the traveller within fourteen days, less the cancellation fee.

Article 12: Non-conformity during the trip

12.1 The traveller informs the organiser without delay of any non-conformity that he has detected during the performance of a travel service included in the package travel agreement.

12.2 If one of the travel services is not performed in accordance with the package travel agreement, the organiser will remedy that non-conformity, unless that:

1 ° is impossible, or

2 ° entails disproportionately high costs, taking into account the degree of non-conformity and the value of the relevant travel services.

If the organiser does not remedy the non-conformity, the traveller is entitled to a price reduction or compensation in accordance with Article 15.

12.3 If the organiser does not remedy the non-conformity within a reasonable period determined by the traveller, the traveller has the option of doing this himself and requesting reimbursement of the necessary expenses. It is not necessary for the traveller to set a deadline if the organiser refuses to remedy the non-conformity, or if an immediate solution is required.

12.4 If a substantial part of the travel services cannot be provided, the organiser offers other arrangements of, if possible, equivalent or higher quality, without additional costs for the traveller.

If the other proposed packages lead to a package tour of a lower quality, the organiser grants the traveller an appropriate price reduction.

The traveller can only reject the other proposed arrangements if they are not comparable with what was agreed in the package travel agreement, or if the price reduction granted is insufficient.

12.5 If the non-conformity has significant consequences for the execution of the package and the organiser has not remedied it within a reasonable period determined by the traveller, the traveller can cancel the package travel agreement without payment of a cancellation fee and, where appropriate, for a price reduction and/or request compensation.

If the package includes passenger transport, the organiser also provides for repatriation of the traveller. If no other arrangements can be proposed or the traveller rejects the other proposed arrangements, the traveller is, where appropriate, also entitled to a price reduction and/or compensation, without cancelling the package travel agreement.

12.6 If due to unavoidable and exceptional circumstances, the return of the traveller cannot be arranged as agreed in the package travel agreement, the organiser bears the costs of the necessary accommodation, for a maximum of three nights per traveller.

12.7 The limitation of the costs referred to in 12.6 does not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors and to persons in need of specific medical assistance, provided that the organiser is at least 48 hours before the informed of their special needs at the start of the package.

12.8 The organiser may not invoke unavoidable and extraordinary circumstances to limit liability if the carrier concerned cannot rely on it under the applicable Union law.

12.9 The traveller can address messages, requests or complaints in connection with the implementation of the package directly to the retailer from whom he has purchased the package. The retailer passes on these messages, requests or complaints to the organiser without delay.

Article 13: Liability of the traveller

The traveller is liable for damage suffered by the organiser and/or retailer, their employees and/or representatives as a result of his mistake, or when he has not fulfilled his contractual obligations.

Article 14: Liability of the organiser and the professional

14.1 The organiser is liable for the performance of the travel services included in the package travel contract, regardless of whether these services are provided by the organiser or by other travel service providers.

14.2 If the organiser is located outside the European Economic Area, the reseller who is established in a Member State is subject to the obligations for organisers, unless the reseller proves that the organiser meets the conditions prescribed by the law of 21 November 2017.

Article 15: Price reduction and compensation

15.1 The traveller is entitled to an appropriate price reduction for each period in which there was non-conformity of the services provided unless the organiser proves that the non-conformity is due to the traveller.

15.2 The traveller is entitled to appropriate compensation from the organiser for all damage that he incurs as a result of non-conformity. The compensation is paid without delay.

15.3 The traveller is not entitled to compensation if the organiser demonstrates that the non-conformity is due to:
1 ° the traveller;
2 ° a third party who is not involved in the implementation of the travel services included in the package travel contract, and the non-conformity could not have been foreseen or prevented, or
3 ° unavoidable and extraordinary circumstances.

Article 16: Obligation to provide assistance

16.1 The organiser offers suitable assistance without delay to the traveller in difficulty, in particular by:
1 ° provide useful information about medical services, local authorities and consular assistance;
2 ° to assist the traveller in the use of remote communication and in finding other travel arrangements.

16.2 If the difficulties are the result of intent or negligence on the part of the traveller, the organiser may request compensation for this assistance. Under no circumstances does this reimbursement exceed the actual costs borne by the organiser.

Article 17: Complaints

17.1 If the traveller has a complaint before departure, he must report it to the organiser or retailer as quickly as possible in a substantive manner.

17.2 Complaints during the execution of the package travel agreement must be reported by the traveller to the organiser or retailer as quickly as possible on site, in an appropriate and evidential manner, so that a solution can be found.

17.3 If a complaint was not satisfactorily resolved on the spot or it was impossible for the traveller to formulate a complaint on the spot, he must submit a complaint to the organiser or retailer without delay after the end of the travel agreement in a probable manner.

Article 18: Reconciliation procedure

18.1 In the event of a dispute, the parties must first pursue an amicable settlement between themselves.

18.2 If this attempt to reach an amicable settlement fails, each of the parties involved may request the Travel Disputes Committee to start a conciliation procedure. All parties must agree.

18.3 To this end, the Secretariat will provide the parties with a conciliation regulation and a "conciliation agreement".

18.4 In accordance with the procedure described in the rules, an impartial conciliator will then contact the parties to pursue a fair reconciliation between the parties.

18.5 Any agreement reached will be recorded in a binding written agreement.

Article 19: Arbitration or court

19.1 If no conciliation procedure is instituted or if it fails, the claimant may, if desired, initiate arbitration proceedings for the Travel Disputes Committee or bring proceedings before the court.

19.2 The traveller can never be obliged to accept the competence of the Travel Disputes Committee, either as a claimant or as a defendant.

19.3 The organiser or retailer who is the defendant can only refuse the arbitration if the amount demanded by the claimant amounts to more than 1,250 euros. He has a period of 10 calendar days for this after receipt of the registered letter or e-mail with the acknowledgement that a file with a claim from 1,251 euros was opened with the Travel Disputes Committee

19.4 This arbitration procedure is governed by dispute rules and can only be started after submitting a complaint to the company itself and as soon as it is established that the dispute could not be settled amicably or as soon as 4 months have passed after the (anticipated) end of the trip (or possibly from the performance that gave rise to the dispute). Disputes concerning physical injuries can only be settled by the courts.

19.5 The jointly appointed arbitral tribunal, in accordance with the dispute regulations, makes a binding and definitive decision on the travel dispute. No appeal is possible against this.

Secretariat of the Travel Disputes Committee: Telephone: 02 277 62 15 or 02 277 61 80 (9-12 o’clock) ; fax: 02 277 91 00 City Atrium, Vooruitgangstraat 50, 1210 Brussel e-mail: reisgeschillen@clv-gr.be

1/2/2018

 

Annex 6: Sunweb Special Terms and Conditions

When you finalise your booking with Sunweb, you are confirming that you agree with our booking conditions. It is important to read these terms and conditions carefully before finalising your booking. Sunweb assumes that in addition to below special terms and conditions, you are also aware of the general terms and conditions of the Travel Disputes Committee and the general terms of the insurance company and other options added if these apply to your booking. In addition, Sunweb assumes that you have read all information on the website relevant to your trip.

Apart from the general terms and conditions of the Travel Disputes Committee, Sunweb applies the following special terms and conditions.

1          Formation and contents of the agreement

1.1       Formation

When you have provided all data and agreed to the general and special terms and conditions, Sunweb considers this to be a definitive reservation. The special terms and conditions will be applied in the event of changes and cancellations. Sunweb 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.

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 as provided in article 5 of the general terms and conditions of the Travel Disputes Committee.

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. Sunweb has no influence on this and is not liable for any adverse arrival and departure times. Sunweb is not liable for delays due to force majeure.

1.4       Publication

The photos shown on the website have been made available by the accommodation providers, local tourist offices and professional photographers. The photos shown with the accommodations serve only to give you an idea. As individual apartments or hotel rooms are not identical, it can occur that the accommodation provided on location differs from the photos on the website. For any typographical mistakes, Sunweb cannot be held responsible.

Sunweb reserves the right to unilaterally change the package holiday, insofar as it concerns an insignificant change. If Sunweb intends to make such an insignificant change, we will notify you accordingly.

1.5       Privacy

If you book a holiday, Sunweb requires your personal details. Your details will be handled with care by Sunweb. For further information, please see our Privacy Policy.

2          Travel sum

2.1       Prices

The prices listed on the website are always quoted per person (in the event of travel by air inclusive of airport tax), including tourist tax and on the basis of minimum occupancy.

2.2       Local costs

For a studio, apartment and chalet a deposit is required. You will get your deposit back as long as your apartment is left undamaged, tidy and clean. Lockers, parking and the like must be paid on site. The stated prices of these local costs are an indication and may vary at the destination. Sunweb is not responsible for any clash of opinions between you and the accommodation provider about matters relating to local costs.

2.3       Change of travel sum

           Sunweb reserves the right to change prices 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) as a result of a change in the transportation costs
          (including fuel costs), taxes, levies owed and the applicable exchange rates.

The prices are determined on the basis of prices, taxes and exchange rates as on March 15, 2021. If changes occur in said components after this time, Sunweb reserves the right to pass on these costs. The change is calculated based on the difference between the current price compared to the price on the date of determination. You are entitled to a price reduction (less the actual administrative costs incurred) if costs decrease for the same reasons.

2.4       Fuel Surcharge

Our prices are based on the fuel cost price level of September 14, 2020. Some fluctuation has been taken into account, but this is not the case for huge price increases as we want to offer you a package holiday against a sharp price. Article 5 of the general sales conditions gives Sunweb the opportunity to charge price increases to the consumer up to 20 days before departure. At that moment, this surcharge is applicable to all bookings already made and yet to be made.

The costs of the charter flights are based on a fuel cost of € 254 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 € 313 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 € 333 per megaton, third surcharge for € 353per megaton, etc.)
           If the fuel is cheaper than € 195 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 € 175 per megaton,
           third discount at € 155 per megaton, etc.).

The calculation will be based on the average fuel price of the 3rd month before the departure date and is calculated at the average exchange rate of that month. Example: any revision for the departures of the month of March will be calculated on the average cost of the fuel price for the month of December and be adjusted from the month of January.
 

3          Bookings and payment

3.1      Main Booker

The person who books the trip is solely accountable (also for all other people for whom he/she books). All traffic (including payments) between the traveller(s) and the travel agent is solely between the person who booked the trip. You and your fellow travellers must be at least 18 years of age to book a Tomorrowland Winter package with Sunweb.

            You are obliged to comply with all instructions given by or on behalf of Sunweb and you are liable for damage caused by your actions. If you cause or can cause such nuisance that the proper execution of the travel agreement is or can be made more difficult or if your behavior poses a danger to yourself, your fellow travellers or parties that deliver to you (part of) the trip, Sunweb can exclude you from (continuation of) (part of) the trip. The resulting costs are at your own expense.

3.2       Changes

After the invoice is prepared you can personalize your order. Until November 30th 2021 the personalization can be done free of charge in your account. From Dec 1st 2021, the traveller can request the travel agent to change a name in the ordered package to the name of a third party. 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. Name changes can be requested up to one week before departure. Within 7 days prior to arrival, we do not accept any changes anymore.

3.3       Cancellation

Cancellations must be made in writing within three days after the event that caused the trip to be cancelled (in full or in part). Bear in mind that a cancellation is never free of charge. Sunweb 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.

If an agreement is cancelled, the traveller will owe the following cancellation costs:

70% till November 1st 
80% till December 1st
90% till February 1st
100% from February 1st

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. Extra’s bought in the voucher sale should be paid immediately and the cancellation fee is always 100%. 

3.4     Payment

The advance is 30% of the travel sum, with a maximum of € 2.500. The outstanding balance must be paid to Sunweb within 30 calendar days after booking. If you book within six weeks prior to departure, you must transfer the total amount upon placing your order. If you fail to pay in a timely fashion, Sunweb will inform you of that in writing. You will then have the opportunity to pay the amount owed within seven working days. If payment is still not made, the contract will be deemed to have been cancelled. Sunweb has the right to charge the cancellation costs owed for that. Extra’s bought in the voucher sale should be paid immediately and the cancellation fee is always 100%.

3.5       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.

4          Before your trip

4.1       Travel documents

It is forbidden to travel with an expired passport or identity card. In some countries, your passport must be valid for a certain number of months after returning home. You must check this yourself with the relevant authorities. You should always check with the embassy of the country where you want to travel if you need a visa. Having the correct travel documents is and remains your own responsibility at all times.

4.2       Health & medical

You must inquire yourself with the relevant authorities whether there are health recommendations for your destination. You can think of vaccinations and other preventive measures to prevent diseases. This also applies to any cross-border excursions. For up-to-date information on vaccinations and other health and travel data, we advice you to check your country’s foreign travel advice. Any damage or costs that arise if you do not get sufficient information or if you do not take preventive measures are for your own account.

4.3       Travel advice

You must take note of the travel advice for a specific destination with the relevant authorities.

5          At destination

5.1       Tour guides

Our team of tour guides are internationally oriented. They all speak English (and their own native language).

5.2       Ski lessons

The ski instructors of ski lessons speak English (and their native language). Ski lessons are generally offered as part of a group. The size of the group depends on the number of participants.

6          Complaints and disputes

If you have a complaint about your holiday with Sunweb, you must first contact the Sunweb guide at your destination. Please check your travel documents for their contact information. If you are not satisfied with your accommodation in any way, in addition to contacting your Sunweb guide, please also report this immediately to the reception of your accommodation. Our guide is ready for you to resolve your complaints at destination. Due to this approach it is usually possible to immediately resolve your complaint according to your wishes. Afterwards, when you get home, it is of course no longer possible to solve the problem.

If your complaint has not been dealt with to meet your satisfaction, then it is essential that you fill in a Customer Care form with our guide. This form, accompanied by motivation in writing, should then be reported via email or postal mail. At the latest Sunweb must receive this within 2 months after your holiday has finished. Sending the Customer Care form without any further evidence will not be sufficient to handle your complaint. After receiving the form and motivation, we will send you an acknowledgment of receipt. We will provide a substantive response to your comments within 1 month.

You can address your correspondence to:

Sunweb Group GmbH

Service point Belgium
Address up to October, 1st 2021:
Brusselstraat 59/3
2018 Antwerp
Belgium

Address from October, 1st 2021:
Uitbreidingstraat 66
2600 Antwerp
Belgium
E-mail: tomorrowlandwinter@sunweb.com

Please note that complaints at the destination which have not been reported and for which no Customer Care form has been completed will not be handled by our Customer Support Department in Belgium.

If your complaint relates to Sunweb or to the establishment of the booking, you can submit your complaint via the contact form on the website. After receipt of a complaint, before departure, we will not send an acknowledgment of receipt. This is because within 4 weeks or sooner at earlier departures, we want to handle your complaint.

For further information about travel conditions and your rights as a traveler, please refer to the general terms and conditions of the Travel Disputes Committee and the complaints page on our website.

All agreements concluded with our customers, regardless of their place of residence, are exclusively governed by Belgian law. In the event of disputes, only the competent Belgian courts are competent. In the event that, based on international law, another law applies, for the interpretation of the current general terms and conditions, primary reference should be made to the Belgian Market Practices and Consumer protection Act.

In the event of an out-of-court settlement of the dispute, the Consumer Mediation Service of the FOD Economics Belgium is competent to receive any request for out-of-court settlement of consumer disputes. On her tern, the Consumer Mediation Service will either handle the request itself or forward it to a qualified entity. You can reach the Consumer Mediation Service via this link: Consumer Mediation Service | (consumerombudsman.be)

In case of disputes of a cross-border nature, you can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.

 

COMPANY INFORMATION

Your tour operator:

Sunweb Group GmbH

Schützengasse 4

CH-8001 Zürich

Switzerland

Phone: +41-(0)44-2666274

E-mail: sgi@sunwebgroup.com

CH-020.4.049.544-0

CHE-178.977.909 MWST

SGR: 3609

Servicepoint in Belgium:
Address up to October, 1st 2021:
Brusselstraat 59/3
2018 Antwerp
Belgium

Address from October, 1st 2021:
Uitbreidingstraat 66
2600 Antwerp
Belgium

Registered company no: 0861423049
E-mail: tomorrowlandwinter@sunweb.com
Webpage: www.sunweb.be

Sunweb reserves the right to change these terms and conditions.

Date of last change made: 11/08/2021

 

Annex 7: Standard information form for package travel contracts

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applying to packages. Sunweb Group GmbH will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Sunweb Group GmbH has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. More information on key rights under Directive (EU) 2015/2302.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&from=EN

Following the hyperlink the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302

—  Travellers will receive all essential information about the package before concluding the package travel contract.

—  There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

—  Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

—  Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

—  The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

—  Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

—  Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

—  Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

—  If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

—  Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.

—  The organiser has to provide assistance if the traveller is in difficulty.

—  If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Sunweb Group GmbH has taken out insolvency protection with the Stichting Garantiefonds Reisgelden (SGR). Travellers may contact these entities (Stichting Garantiefonds Reisgelden, Admiraliteitskade 73, 3063 ED Rotterdam Nederland, telefoon nr. +31- 104146377, email: sgr@sgr.nl) if services are denied because of Sunweb Group GmbH's insolvency.

Directive (EU) 2015/2302 as transposed into The Package Travel and Linked Travel Arrangements Regulations 2018:

LOI - WET (fgov.be)