GENERAL TRAVEL TERMS AND CONDITIONS
THE GATHERING
The Gathering Events BV
Van Eyckpark 70/101
9250 Waasmunster
Belgium
VAT BE1032870648
Hereinafter referred to as: the “Organizer”.
ARTICLE 1 – SCOPE AND LEGAL QUALIFICATION
1.01 These General Travel Terms and Conditions apply to all agreements relating to participation in The Gathering, organized by The Gathering Events BV.
1.02 The Gathering qualifies as a package travel agreement within the meaning of the Belgian Act of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services, as applicable at the time the agreement is concluded, and is subject to the applicable Belgian and European legislation, including Directive (EU) 2015/2302 and the relevant provisions of the Belgian Code of Economic Law.
1.03 These General Travel Terms and Conditions, together with the individual booking confirmation, quotation, official program and pre-contractual information, form part of the agreement between the Organizer and the traveller.
1.04 In the event of any conflict, the following order of precedence shall apply:
a) mandatory legal provisions;
b) the individual booking confirmation or special agreement;
c) the official program;
d) these General Travel Terms and Conditions.
1.05 All agreements shall be exclusively governed by Belgian law.
ARTICLE 2 – NATURE OF THE CONCEPT
2.01 The Gathering is an organized international luxury roadtrip / automotive Grand Tour with a recreational and tourism-oriented character.
2.02 The Gathering is expressly not a speed event, regularity rally, competition, race, sporting event or performance-based contest. There is no ranking, no timekeeping and no speed-related performance obligation.
2.03 Depending on the official program and the individual confirmation, the trip may include, among other things, accommodation, meals, hospitality, transfers, route guidance, roadbook, coordination, logistical support and related organizational services.
2.04 Any description in a brochure, quotation, website or presentation shall apply only insofar as it has been expressly confirmed in writing by the Organizer in the pre-contractual information and/or the individual booking confirmation.
ARTICLE 3 – DEFINITIONS
For the purposes of these Terms and Conditions:
3.01 “Traveller” means any natural person who is party to the package travel agreement or on whose behalf such agreement is concluded.
3.02 “Team” means the travellers participating together with one vehicle, as described in the individual agreement.
3.03 “Driver” means any traveller who drives the participating vehicle during the trip.
3.04 “Vehicle” means the vehicle used by the team to participate in the roadtrip.
3.05 “Official Program” means the itinerary communicated by the Organizer, including destinations, hotels, meals, events, transfers, route information and other included services.
3.06 “Durable Medium” means any instrument enabling the traveller or the Organizer to store information addressed personally to them in a way accessible for future reference for a period adequate to the purposes of the information, such as email or pdf.
ARTICLE 4 – APPLICATION, SELECTION AND FINAL BOOKING
4.01 Participation in The Gathering may be subject to prior selection or approval by the Organizer, including for reasons relating to concept curation, limited capacity, group composition, safety, reputation, suitability of the vehicle or non-compliance with participation requirements.
4.02 An application to participate shall not constitute final acceptance by the Organizer.
4.03 The agreement shall only become final after:
a) written confirmation by the Organizer; and
b) receipt of the required deposit or, where applicable, full payment as stated in the individual booking confirmation.
4.04 The Organizer reserves the right to refuse an application prior to final confirmation, without being liable for any damages, except for the reimbursement of amounts already received if no agreement has been concluded.
4.05 The Organizer may limit the maximum number of participating vehicles or teams as stated in the brochure, quotation or booking confirmation.
ARTICLE 5 – PARTICIPATION REQUIREMENTS
5.01 Each driver must be at least 21 years old on the departure date and hold a valid driving licence recognized in all countries included in the official program.
5.02 Each traveller must hold valid identity and travel documents, including identity card, passport, visas, insurance documents, vehicle registration documents and any other documentation required for entry into or transit through the relevant countries.
5.03 Each traveller is solely responsible for checking and complying in due time with all applicable passport, visa, customs, health and entry formalities.
5.04 The vehicle must, throughout the entire trip, be legally registered, technically suitable for the planned route and equipped with all documents and equipment required by law in the relevant countries.
5.05 The vehicle must be covered by a valid third-party liability insurance policy providing coverage in all countries where the trip takes place.
5.06 The Organizer may request proof of driving licence, identity documents, insurance coverage, vehicle registration and other necessary documentation before departure or during the trip.
5.07 If a traveller or vehicle does not comply with the participation requirements, the Organizer may refuse or terminate participation without being obliged to issue any refund, except where mandatory law provides otherwise.
ARTICLE 6 – TRAFFIC RULES, DRIVING CONDUCT AND PERSONAL RESPONSIBILITY
6.01 Travellers participate with their own vehicle and remain at all times solely responsible for their driving behaviour, route choices, speed, traffic infringements and compliance with all applicable laws and regulations.
6.02 The traveller undertakes to strictly comply with all traffic rules, administrative obligations and legal requirements of the countries visited.
6.03 The Organizer shall not be liable for traffic violations, fines, administrative penalties, towing charges, seizures, driving bans, criminal proceedings or any other consequences resulting from the acts or omissions of the traveller.
6.04 The traveller remains exclusively responsible for the technical condition, use and parking of the vehicle.
6.05 The traveller shall be responsible for fuel, tolls, vignette fees, charging costs, traffic fines, parking fees, roadside assistance, tyres, maintenance, repairs and any damage caused by or with the vehicle, unless expressly confirmed otherwise in writing.
ARTICLE 7 – PRICE
7.01 The total price of the package trip shall be stated in the individual booking confirmation and may apply per person, per team and/or per vehicle, as expressly specified therein.
7.02 Unless expressly agreed otherwise in writing, the price includes only those travel services expressly listed in the individual booking confirmation and the official program.
7.03 To the extent confirmed in the official program, the price may include, among other things:
accommodation in selected hotels;
breakfast;
selected lunches and/or dinners;
welcome drink(s);
opening event and closing event;
transfers in accordance with the official program;
organized car transport where applicable and expressly included;
route concept and roadbook;
event coordination and support;
professional photo and video coverage;
aftermovie.
7.04 Unless expressly confirmed in writing, the following are not included:
fuel;
tolls, vignettes, parking fees and charging costs;
traffic fines and administrative penalties;
personal insurance policies;
minibar, spa, room service, upgrades and other personal expenses;
additional nights outside the official program;
any costs not expressly stated as included.
7.05 If a traveller chooses not to use an included service, no automatic right to reimbursement, discount or replacement service shall arise, unless the Organizer expressly agrees otherwise in writing or mandatory law provides otherwise.
ARTICLE 8 – PAYMENT
8.01 Unless otherwise stated in the individual booking confirmation, the following standard payment schedule shall apply:
a) 30% of the total travel price upon confirmation;
b) 40% of the total travel price no later than 60 days before departure;
c) the remaining 30% no later than 30 days before departure.
8.02 For short-notice bookings, trips for which suppliers require full or accelerated prepayment, or specific arrangements, the Organizer may provide for a different payment schedule or 100% payment upon confirmation in the individual booking confirmation.
8.03 The traveller is required to comply strictly with all invoices and payment due dates.
8.04 In the event of late payment, the Organizer may first place the traveller in default by means of a durable medium. If payment remains outstanding after the reasonable deadline stated therein, the Organizer may terminate the agreement, in which case the cancellation or termination provisions shall apply, to the extent permitted by law.
8.05 The Organizer may withhold travel documents, hotel vouchers, roadbook or other travel documents until full payment has been received.
ARTICLE 9 – PRICE CHANGES
9.01 The agreed price is fixed, except for price revisions permitted by applicable law.
9.02 A price revision shall only be possible if expressly provided for in the agreement and exclusively in the event of changes in:
a) the price of passenger transport resulting from fuel or other energy costs;
b) taxes or fees imposed by third parties not directly involved in the performance of the package trip;
c) exchange rates relevant to the package trip.
9.03 Both price increases and price decreases shall be calculated according to the same method communicated contractually.
9.04 No price increase may be applied within the last 20 days before departure.
9.05 If the price increase exceeds 8% of the total travel price, the traveller shall be entitled to terminate the agreement without charge, in accordance with the applicable legal provisions.
ARTICLE 10 – CHANGES MADE BY THE ORGANIZER BEFORE DEPARTURE
10.01 Before departure, the Organizer may make only insignificant changes, provided that it has reserved this right and informs the traveller clearly by means of a durable medium.
10.02 If, before departure, the Organizer is constrained to significantly alter any main characteristic of the travel services, it shall inform the traveller as soon as possible and offer the traveller the choice between:
a) accepting the proposed change;
b) accepting a substitute package, if offered;
c) terminating the agreement without charge.
10.03 If the traveller accepts a modification or substitute package involving lower quality or lower cost, the traveller shall be entitled to an appropriate price reduction in accordance with the law.
10.04 Changes to route, hotel, restaurant, lunch, transfer or timing that are necessary for operational, safety, weather, traffic, hospitality or logistical reasons may be considered insignificant changes, provided that the overall nature of the trip is not substantially affected.
ARTICLE 11 – TRANSFER OF THE PACKAGE BY THE TRAVELLER
11.01 The traveller may transfer the package trip to another person who satisfies all applicable contractual, practical and legal participation requirements.
11.02 The transfer must be communicated on a durable medium within a reasonable period before departure and in any event no later than 7 days before departure.
11.03 The transferor and the transferee shall be jointly and severally liable for payment of the outstanding balance and any actual costs arising from the transfer.
11.04 Any transfer fees charged by the Organizer shall not be unreasonable and shall not exceed the actual costs incurred as a result of the transfer.
ARTICLE 12 – CANCELLATION / TERMINATION BY THE TRAVELLER
12.01 The traveller may terminate the agreement in writing at any time before the start of the package trip.
12.02 In the event of termination by the traveller, the following standard termination fees shall be due, without prejudice to proof of higher or lower actual damage and without prejudice to Article 12.04:
a) from booking until and including 120 days before departure: 30% of the total travel price;
b) from 119 to and including 90 days before departure: 50% of the total travel price;
c) from 89 to and including 60 days before departure: 70% of the total travel price;
d) from 59 to and including 30 days before departure: 85% of the total travel price;
e) from 29 days before departure or in case of no-show: 100% of the total travel price.
12.03 These termination fees constitute a reasonable advance estimate of the Organizer’s losses, taking into account the nature of the trip, its exclusivity, limited capacity, pre-booked hotels, hospitality, logistical costs and the difficulty of reselling cancelled places. Upon request by the traveller, the Organizer shall substantiate the termination fee in accordance with applicable law.
12.04 Any costs already incurred and non-recoverable from third parties, including but not limited to flights, specific hotel conditions, private transfers, tailor-made services, vehicle transport, personalized material or other immediately confirmed services, shall remain payable to the extent that the Organizer can demonstrate their non-recoverable nature and to the extent permitted by law.
12.05 Any cost savings and income from alternative deployment of the released travel services shall, where legally required, be deducted from the termination fee payable.
12.06 If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity and significantly affect the performance of the package trip or the carriage of passengers to the destination, the traveller may terminate the agreement without paying a termination fee, in accordance with the applicable legal provisions.
ARTICLE 13 – TERMINATION BY THE ORGANIZER
13.01 The Organizer may terminate the agreement before departure:
a) if the minimum number of participants or vehicles stated in the agreement or pre-contractual information is not reached within the period specified therein;
b) in the event of unavoidable and extraordinary circumstances preventing performance of the package trip;
c) if the traveller does not comply with essential participation requirements and, despite a reasonable opportunity to regularize the situation, fails to do so in time;
d) in the event of serious non-payment in accordance with Article 8.
13.02 In the cases referred to in Article 13.01 a) and b), amounts paid by the traveller shall be reimbursed in accordance with the law, without additional compensation, except where mandatory law provides otherwise.
ARTICLE 14 – PERFORMANCE OF THE TRIP AND ASSISTANCE
14.01 The Organizer is responsible for the performance of the travel services included in the contract in accordance with package travel legislation.
14.02 If a significant proportion of the travel services cannot be performed as agreed, the Organizer shall, where possible, offer suitable alternative arrangements at no extra cost to the traveller, in accordance with the legal provisions.
14.03 If the traveller is in difficulty during the trip, the Organizer shall provide appropriate assistance without undue delay, including by providing useful information on health services, local authorities and consular assistance, as well as practical help with communication and alternative arrangements, to the extent required by law.
14.04 The Organizer may charge a reasonable fee for such assistance if the difficulty is caused intentionally or through negligence by the traveller, to the extent permitted by law.
ARTICLE 15 – LIABILITY
15.01 The Organizer shall not be liable for damage caused exclusively by:
a) acts or omissions of the traveller;
b) unforeseeable or unavoidable acts of a third party unconnected with the performance of the travel services included in the contract;
c) unavoidable and extraordinary circumstances.
15.02 The Organizer shall in no event be liable for:
a) traffic accidents;
b) mechanical defects or breakdowns of the vehicle;
c) loss, theft or damage to the vehicle;
d) loss, theft or damage to personal belongings;
e) fines, sanctions, driving bans or administrative measures imposed on the traveller;
f) damage caused by the traveller to third parties.
15.03 Except in the event of personal injury, fraud, wilful misconduct or gross negligence to the extent such liability cannot be excluded by law, the liability of the Organizer may be limited contractually to a maximum of three times the total travel price, to the extent permitted by applicable law.
15.04 The traveller shall indemnify and hold the Organizer harmless against all third-party claims resulting from the traveller’s own fault, negligence, breach of law or improper use of the vehicle.
ARTICLE 16 – INSURANCE
16.01 Each traveller is required to have a valid third-party liability insurance policy for the participating vehicle.
16.02 The Organizer strongly recommends that each traveller also take out appropriate travel assistance insurance, medical expenses insurance and cancellation insurance.
16.03 The traveller remains solely responsible for checking territorial coverage, exclusions and limits under his or her insurance policies.
16.04 The Organizer may request proof of insurance at any time.
ARTICLE 17 – HOTELS, ROOMS, MEALS AND PROGRAM ELEMENTS
17.01 The Organizer undertakes to provide the category and nature of accommodation and hospitality elements confirmed in the official program, subject to changes in accordance with these Terms and Conditions or the law.
17.02 Room allocation, bed configuration, upgrades, late check-out, parking facilities, spa access and other hotel facilities are included only if expressly confirmed in writing.
17.03 Meals and drinks are included only insofar as stated in the official program and, with respect to drinks, within the limits of the agreed menus or arrangements.
17.04 Organized car transport, flight transfers and other logistical services are included only if and to the extent expressly stated in the booking confirmation or official program.
17.05 Non-use of meals, transfers, hospitality or other included services at the traveller’s own initiative shall not entitle the traveller to any automatic refund.
ARTICLE 18 – MEDIA, PHOTO AND VIDEO
18.01 During the trip, photographs, video recordings and other visual material may be created for reporting, atmosphere footage, archiving, aftermovie and promotional communication relating to The Gathering.
18.02 The Organizer may use such material for communication and promotional purposes within the framework of its legitimate interests, subject to compliance with applicable privacy and portrait/image rights rules.
18.03 Travellers wishing to make a reasoned objection to the recognizable individual use of their image for promotional purposes must notify the Organizer in writing before departure.
18.04 Professional photo and video coverage and an aftermovie form part of the overall experience where stated in the program, but the Organizer does not guarantee that each traveller, team or vehicle will appear individually, recognizably or to any particular extent in the final output.
ARTICLE 19 – CONDUCT, SAFETY AND EXCLUSION DURING THE TRIP
19.01 The traveller must behave as a careful and respectful participant, with due regard for fellow travellers, staff, hotels, restaurants, local partners, legislation and the image of The Gathering.
19.02 The Organizer may exclude a traveller or team from further participation without refund in case of, among other things:
a) reckless or dangerous driving behaviour;
b) driving under the influence of alcohol, drugs or any other substance affecting driving ability;
c) aggressive, insulting, discriminatory or otherwise inappropriate behaviour;
d) serious breaches of traffic legislation;
e) damage to property or reputational harm to the Organizer or its partners;
f) failure to comply with reasonable safety instructions.
19.03 Such exclusion shall not affect the traveller’s obligation to pay the full travel price and any additional damage, except where mandatory law provides otherwise.
ARTICLE 20 – COMPLAINTS AND LACK OF CONFORMITY
20.01 If the traveller identifies any lack of conformity during the performance of the package trip, the traveller must inform the Organizer as soon as possible so that an appropriate solution can be sought.
20.02 Unless this would be useless or an immediate solution is required, the traveller must grant the Organizer a reasonable period to remedy the lack of conformity.
20.03 Complaints that were not reported during the trip, although this could reasonably have been done, may be taken into account when assessing any subsequent claim for damages or reimbursement.
20.04 Without prejudice to the traveller’s statutory rights, written complaints should preferably be submitted no later than 7 days after return, together with all relevant supporting documents.
ARTICLE 21 – INSOLVENCY PROTECTION
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ARTICLE 22 – CONTACT PERSON AND EMERGENCY NUMBER
22.01 No later than before departure, the traveller shall receive the necessary contact details of the Organizer and/or a local contact person or emergency number that can be used during the trip.
22.02 For The Gathering, the following general contact point shall apply for the time being, subject to later specific communication before departure:
Email: info@thegatheringofficial.com
Telephone / Emergency Number: +32479868676
ARTICLE 23 – PRIVACY
23.01 Personal data shall be processed in accordance with the General Data Protection Regulation (EU) 2016/679 and applicable Belgian privacy legislation.
23.02 The Organizer shall process personal data solely for purposes such as customer management, booking administration, performance of the agreement, communication with suppliers and partners, compliance with legal obligations, safety purposes and, where applicable, marketing communication.
23.03 The traveller shall have the rights granted under privacy legislation, including the right of access, rectification, restriction and, where applicable, objection.
23.04 Further information shall be set out in the Organizer’s privacy policy.
ARTICLE 24 – DISPUTES, COMPLAINT BODIES AND JURISDICTION
24.01 The parties undertake to first seek an amicable settlement of any dispute.
24.02 Where applicable, the traveller may refer the matter to a competent out-of-court dispute resolution body, including the Travel Disputes Committee, in accordance with the applicable rules.
24.03 Without prejudice to mandatory law, the competent courts of the judicial district of East Flanders shall have exclusive jurisdiction.
24.04 Any legal action by the traveller must be brought within the applicable statutory limitation period.
ARTICLE 25 – FINAL PROVISIONS
25.01 If any provision of these General Travel Terms and Conditions is held to be wholly or partially invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
25.02 The invalid or unenforceable provision shall, where possible, be replaced by a valid provision that reflects as closely as possible its intended legal and economic purpose.
25.03 These General Travel Terms and Conditions enter into force on 1/02/2026 and apply to all agreements concluded as from that date, unless expressly agreed otherwise in writing.