The Uniform Conditions for the Hotel and Catering Industry (UVH)
are the terms and conditions on which catering establishments set
up in the Netherlands, such as hotels, restaurants, bars and
related businesses (including catering firms, party service firms,
etc.), provide catering services and enter into catering
agreements.
The UVH are registered with the District Court and the Chamber
of Commerce and Industry in The Hague.
Clause 1 -
Definitions
Please, Click here in order to download the text
below (pdf)
In the UVH and in the offers and agreements to which the UVH
applies, the words below shall have the meanings assigned to them
in this clause.
1.1 Catering Establishment
The natural person or legal entity or partnership which is in
the business of providing hotel and/or catering services and is a
member of Koninklijk Horeca Nederland (Dutch trade association for
hotel and catering industry).
1.2 Host
Whoever represents a Catering Establishment in entering into and
carrying out catering agreements.
1.3 Provision of Catering Services
The provision by a Catering Establishment of accommodation
and/or food and/or drink and/or the supplying of halls and/or rooms
and/or grounds, all these with all the associated work and
services, and all in the broadest sense of the word.
1.4 Customer
The natural person or legal entity or partnership which has
entered into an agreement with a Catering Establishment.
1.5 Guest
The natural person(s) entitled to one or more Catering Services
based on a catering agreement entered into with the Customer.
Wherever the UVH speak of Guest, or Customer, this refers to both
Guest and Customer, unless it is clear from the content and
implication of the clause that only one of the two can be
intended.
1.6 Catering Agreement
An agreement between a Catering Establishment and a Customer
involving one or more Catering Services to be provided by the
Catering Establishment at a price to be paid by the Customer. The
term Reservation is sometimes used in place of the term Catering
Agreement.
1.7 Hotel Establishment
The Catering Establishment where the provision of Catering
Services consists mainly or exclusively of supplying
accommodation.
1.8 Restaurant Establishment
The Catering Establishment where the provision of Catering
Services consists mainly or exclusively of supplying food and
accompanying drink.
1.9 Bar Establishment
The Catering Establishment where the provision of Catering
Services consists mainly or exclusively of supplying drink.
1.10 Room Rental Establishment
The Catering Establishment where the provision of Catering
Services consists mainly or exclusively of providing rooms or
halls.
1.11 Reservation Value (the value of the
Catering Agreement)
The total expected turnover of the Catering Establishment
including service charges, (tourist tax) and VAT relating to a
Catering Agreement concluded with a Customer, which expected
turnover is based on the averages applicable to that Catering
Establishment.
1.12 Koninklijk Horeca Nederland
Het Koninklijk Verbond van Ondernemers in het Horeca- en
Aanverwante Bedrijf (The Royal Association of Businesses in the
Catering and Related Industries) known as "Horeca Nederland" or any
legal successor to this.
1.13 Cancellation
The written notice by the Customer to the Catering Establishment
that one or more of the agreed Catering Services is no longer
required in part or in full, or the written notice by the Catering
Establishment to the Customer that one or more of the agreed
Catering Services shall no longer be provided in part or in
full.
1.14 No-show
The failure of a Guest, without prior Cancellation, to make use
of one of the Catering Services provided on the basis of a Catering
Agreement.
1.15 Group
A group of 10 or more persons entitled to one or more Catering
Services from a Catering Establishment under the terms of a
Catering Agreement or more than one agreement regarded as
connected.
1.16 Individual
Every person that does not form part of a Group as defined
above.
1.17 Goods
All Goods, including money, valuables and papers of value.
1.18 Corkage
The price charged when drink not provided by a Catering
Establishment is consumed on the premises of that Catering
Establishment.
1.19 Food Charge
The price charged when food not provided by a Catering
Establishment is consumed on the premises of that Catering
Establishment.
1.20 Turnover Guarantee
A written declaration from the Customer that the Catering
Establishment will realise a certain minimum turnover from one or
more Catering Agreements.
Clause headings are used exclusively for reference purposes. No
rights may be derived from these.
Clause 2
Scope
2.1 The UVH apply to the making and content of all Catering
Agreements, as well as all offers relating to the making of such
Catering Agreements, to the exclusion of all other general terms
and conditions. If other general terms and conditions besides these
are actually in force, the UVH shall prevail where any conflict
arises.
2.2 Departure from the UVH is only possible if set down in
writing and on a case by case basis.
2.3 The UVH also cover all natural persons and legal entities
which the Catering Establishment uses or has used in concluding
and/or carrying out a Catering Agreement or a different agreement
or in running the Catering Establishment.
2.4 Once the UVH have been legally declared applicable to a
certain Catering Agreement, the latest valid version of the UVH is
considered legally valid to all following Catering Agreements
between the same parties, unless stated otherwise in writing.
Clause 3 - The making of Catering
Agreements
3.1 A Catering Establishment can at any time and for any reason
refuse to enter into a Catering Agreement, except where such a
refusal is based purely on one or more of the grounds specified in
Clause 429 of the Criminal Code (discrimination).
3.2 All offers presented by a Catering Establishment in
connection with the making of a Catering Agreement are without
obligation and conditional "on the supply (or capacity) being
adequate". If the Catering Establishment invokes the said
restriction within a period which can be considered reasonable in
the circumstances following the Customer's acceptance of the offer
then the intended Catering Agreement shall be considered not to be
made.
3.3 If the Catering Establishment has granted the Customer
(option holder) a right of first refusal, this right cannot be
revoked, except if and insofar as another potential Customer makes
an offer to the Catering Establishment to enter into a Catering
Agreement concerning all or part of the Catering Services due in
the option. In that case the option holder must be informed of this
offer by the Catering Establishment, whereupon the option holder
must state whether or not he wishes to take up the right of first
refusal. If the option holder does not give notice that he wishes
to take up the right of first refusal then this right shall lapse.
A right of first refusal can only be granted in writing.
3.4 Catering Agreements for one or more Guests entered into by
intermediaries (shipbrokers, travel agencies, other Catering
Establishments, etc.), whether or not in the name of their business
connection(s), shall be considered to be concluded partly for
account and risk of this intermediary. The Catering Establishment
shall not owe any commission or percentage, by whatever name, to
the intermediary unless specifically agreed otherwise in writing.
Payment by the Guest of the whole or part of the amount due shall
release the intermediary to the same extent.
Clause 4 - General obligations of the Catering
Establishment
4.1 The obligations specified in this clause apply to every
Catering Establishment. All obligations arising from the special
nature of the Catering Establishment and the type of Catering
Services to be performed are contained in the following
clauses.
4.2 In the event that the special regulation referred to in
Clauses 5 et seq. is at variance with a general stipulation in sub
clauses 4.3 - 4.7, the special regulation shall apply.
4.3 Under the terms of the Catering Agreement, the Catering
Establishment is, without prejudice to the stipulations in the
following clauses, bound to provide the agreed Catering Services at
the agreed times in the manner customary in that Catering
Establishment.
4.4 The obligation mentioned in Clause 4.3 does not apply:
a. in the event of force majeure on the side
of the Catering Establishment as defined in
Clause 15;
b. if the Guest fails to arrive or arrives
more than half an hour late;
c. if the Customer's payment of the guarantee deposit/interim
payment referred to in Clause 10 is not made in good time;
d. if the Customer fails to provide a Turnover Guarantee in good
time, despite a request to do so;
e. if the Customer in any other way fails to fulfill all his
obligations towards the Catering Establishment in whatever
respect.
4.5 The Catering Establishment is not obliged to accept and/or
take into safe keeping any property of the Guest.
4.6 If the Catering Establishment makes any charge to the Guest
for accepting Goods and/or taking Goods into safe keeping, the
Catering Establishment is obliged to take reasonable care of those
Goods, without prejudice to the stipulations in Clause 12.
4.7 The Catering Establishment is never obliged to admit any
domestic animal belonging to the Guest and may attach conditions to
such admission.
Clause 5 - Obligations of the Hotel
Establishment
5.1 The Hotel Establishment is during the agreed period obliged
to provide the Guest with accommodation of the standard customary
in that hotel, subject to the stipulations in the third sub
clause.
5.2 The Hotel Establishment must also be able to provide the
associated Catering Services customary in that hotel and to supply
the facilities customary there.
5.3 The accommodation should be available to the Guest from
14.00 hours on the day of arrival until 12 noon on the day of
departure.
5.4 The Hotel Establishment should hang or affix or deposit the
house rules in a clearly visible place for the information of the
Guest, or hand over the house rules in writing to the Guest. The
Guest is obliged to observe the house rules.
5.5 The Hotel Establishment is entitled to terminate the
provision of Catering Services to a Guest at any time without prior
notice if the Guest repeatedly breaks the house rules, or otherwise
behaves in such a way that the order and peace and quiet in the
Catering Establishment and/or the normal running of the place may
be or is disturbed. In that case the Guest must leave the hotel at
the first request. The Hotel Establishment may only exercise this
right if the nature and seriousness of the breaches of the house
rules by the guest give sufficient cause, in the reasonable opinion
of the Hotel Establishment.
5.6 Unless otherwise agreed, the Hotel Establishment is entitled
to regard the reservation as cancelled if the Guest has not checked
in on the first day of the reservation by 18.00 hours, without
prejudice to the stipulations in Clause 9.
5.7 The Hotel Establishment is entitled to ask the Guest to
accept accommodation that differs from what is described in the
Catering Agreement, except if such a request is clearly
unreasonable and must be considered obviously too inconvenient for
the Guest. In the latter case, the Guest/Customer has the right to
cancel the Catering Agreement to which the aforementioned request
of the Catering Establishment applies, with immediate effect,
without prejudice to his obligations based on other Catering
Agreements. If the Catering Establishment saves money in the above
circumstances by providing accommodation that differs from what is
described in the Catering Agreement, the Guest and/or Customer is
entitled to the amount that is saved. Beyond that the Catering
Establishment shall never be obliged to pay any compensation.
Clause 6 - Obligations of the Restaurant
Establishment
6.1 The Restaurant Establishment is obliged to provide the Guest
with the agreed facilities at the agreed time and to supply the
agreed food and drink in the quantity, quality and in the manner
customary in that restaurant.
6.2 If no food and drink are agreed in advance then the
Restaurant Establishment shall on request provide whatever food and
drink is available at that moment, without prejudice to the other
stipulations in
6.3 The Restaurant Establishment is entitled to refrain from
providing Catering Services or to terminate these at any time if
the Guest does not behave in a way that is fitting to the class and
operation of that restaurant. The Restaurant Establishment may,
among other things, lay down rules concerning the outward
appearance of the Guest. The Guest must leave the restaurant at the
first request.
6.4 If the Guest has not arrived by half an hour after the
reserved time, the Restaurant Establishment may consider the
reservation cancelled, without prejudice to the stipulations in
Clause 9.
Clause 7 - Obligations of the Bar
Establishment
7.1 The Bar Establishment is obliged on request to provide the
Guest with the drinks which it has in stock. In addition the Bar
Establishment must be able to provide the Catering Services
customary in that establishment.
7.2 The Bar Establishment is entitled to refrain from providing
Catering Services or to terminate these at any time if the Guest
does not behave in a way that is fitting to the class and operation
of that bar. The Bar Establishment may, among other things, lay
down rules concerning the outward appearance of the Guest. The
Guest must leave the bar at the first request.
Clause 8 - Obligations of the Catering Establishment
concerning room rental
8.1 The Catering Establishment is entitled to provide rooms that
differ from what is described in the
Catering Agreement, except if such a request is clearly
unreasonable and must be considered obviously too inconvenient for
the Guest. In the latter case, the Guest/Customer has the right to
cancel the Catering Agreement to which the aforementioned request
of the Catering Establishment applies, with immediate effect,
without prejudice to his obligations based on other Catering
Agreements. If the Catering Establishment saves money in the above
circumstances by providing rooms that differ from what is described
in the Catering Agreement, the Guest and/or Customer is entitled to
the amount that is saved. Beyond that the Catering Establishment
shall never be obliged to pay any compensation.
8.2 The Catering Establishment must in addition be able to
provide the Guests with the Catering Services customary in that
establishment.
8.3 The Catering Establishment is entitled to refrain from
providing Catering Services or to terminate these at any time if
the Guest does not behave in a way that is fitting to the class and
operation of that Catering Establishment. The Catering
Establishment may, among other things, lay down rules concerning
the outward appearance of the Guest. The Guest must leave the
Catering Establishment at the first request.
8.4 The Catering Establishment is entitled, after consultation
with the competent authorities locally, to cancel the Catering
Agreement on the grounds of justifiable fear that the public order
may be disturbed. If the Catering Establishment makes use of this
power, then the Catering Establishment shall not be liable to pay
any compensation.
Clause 9 - Cancellations
9.1 Cancellation by Customers, general
9.1.1 The Customer is not entitled to cancel a Catering
Agreement, unless he at the same time makes a binding offer to pay
the amounts fixed below. Every Cancellation is considered to
include such an offer. Such an offer is considered to be accepted
if the Catering Establishment does not reject the offer forthwith.
Cancellation should take place in writing and be dated. The
Customer cannot derive any rights from a verbal Cancellation. The
stipulations in Clause 9 apply without prejudice to the
stipulations in other clauses.
9.1.2 The Catering Establishment may inform the Customer at the
latest one month before the first Catering Service based on the
relevant Catering Agreement is due to be provided that it will
regard certain Individuals as a Group. In that case all the
conditions for Groups apply to those persons.
9.1.3 The stipulations in Clauses 13.1 and 14.6 also apply to
Cancellations.
9.1.4 In the event of No-show, the Customer is in all cases
required to pay the Reservation Value.
9.1.5 In the event that not all the agreed Catering Services are
cancelled, the conditions below apply pro rata to the Catering
Services that are cancelled.
9.1.6 If one or more agreed Catering Services are completely or
partly cancelled, the periods in the following clauses shall be
increased by 4 months, if the Reservation Value of the cancelled
Catering Services amounts to more than the correspondingly
calculated value of the other Catering Services that the Catering
Establishment could have provided during the period in which the
cancelled Catering Services were to have been provided.
9.1.7 Any amounts which the Catering Establishment already owes
to third parties at the time of Cancellation based on the cancelled
Catering Agreement must at all times be fully reimbursed by the
Customer to the Catering Establishment, provided the Catering
Establishment has not acted unreasonably in entering into the
commitments in question. The amounts involved shall go towards a
reduction of the Reservation Value referred to in the following
clauses.
9.2 Cancellation of hotel
accommodation/lodgings
9.2.1 Groups
If a reservation for only hotel accommodation is made, either
with or without breakfast, for a Group then the following applies
to the Cancellation of this reservation.
a. In case of Cancellation more than 3 months before the time
when the first Catering Service should be provided under the terms
of the Catering Agreement, hereinafter called "the Commencement
Date", the Customer is not obliged to make any payment to the Hotel
Establishment.
b. In case of Cancellation more than 2 months before the
Commencement Date, the Customer is obliged to pay 15% of the
Reservation Value to the Hotel Establishment.
c. In case of Cancellation more than 1 month before the
Commencement Date, the Customer is obliged to pay 35% of the
Reservation Value to the Hotel Establishment.
d. In case of Cancellation more than 14 days before the
Commencement Date, the Customer is obliged to pay 60% of the
Reservation Value to the Hotel Establishment.
e. In case of Cancellation more than 7 days before the
Commencement Date, the Customer is obliged to pay 85% of the
Reservation Value to the Hotel Establishment.
f. In case of Cancellation 7 days or less before the
Commencement Date, the Customer is obliged to pay 100% of the
Reservation Value to the Hotel Establishment.
Individuals
If a reservation for only hotel accommodation is made, either
with or without breakfast, for a one or more Individuals then the
following applies to the Cancellation of this reservation.
-
Cancellation can be done free of charge until 24 hours prior to
arrival.
9.3 Cancellation of restaurant/table
reservation
9.3.1 Groups
If a reservation for only a restaurant (table reservation) is
made for a Group then the following applies to the Cancellation of
that reservation:
1. if a menu has been agreed:
a. in case of Cancellation more than 14 days before the reserved
time no payment is due;
b. in case of Cancellation 14 days or less but more than 7 days
before the reserved time the
Customer shall pay 25% of the Reservation Value;
c. in case of Cancellation 7 days or less before the reserved
time the Customer shall pay 50% of
the Reservation Value;
d. in case of Cancellation 3 days or less before the reserved
time the Customer shall pay 75% of
the Reservation Value.
2. if no menu has been agreed:
a. in case of Cancellation more than twice 24 hours before the
reserved time no payment is due;
b. in case of Cancellation twice 24 hours or less before the
reserved time the Customer shall pay 50% of the Reservation
Value.
9.3.2 Individuals
If a reservation for only a restaurant (table reservation) is
made for one or more Individuals then the following applies to the
Cancellation of that reservation:
1. if a menu has been agreed:
a. in case of Cancellation more than four times 24 hours before
the reserved time no payment is due;
b. in case of Cancellation four times 24 hours or less before
the reserved time the Customer shall pay 50% of the Reservation
Value.
2. if no menu has been agreed:
a. in case of Cancellation more than twice 24 hours before the
reserved time no payment is due;
b. in case of Cancellation twice 24 hours or less before the
reserved time the Customer shall pay 50% of the Reservation
Value.
9.4 Cancellation of other Catering
Agreements
9.4.1 The following shall apply to the Cancellation of any
reservations not covered by Clauses 9.2 and 9.3.
9.4.2 The Cancellation of a Reservation made for a group shall
be subject to the following.
a. In case of Cancellation more than 6 months before the time
when under the terms of the Catering Agreement the first Catering
Service should be provided, the Customer is not obliged to make any
payment to the Catering Establishment.
b. In case of Cancellation more than 3 months before the said
time, the Customer is obliged to pay 10% of the Reservation Value
to the Catering Establishment.
c. In case of Cancellation more than 2 months before the said
time, the Customer is obliged to pay 15% of the Reservation Value
to the Catering Establishment.
d. In case of Cancellation more than 1 month before the said
time, the Customer is obliged to pay 35% of the Reservation Value
to the Catering Establishment.
e. In case of Cancellation more than 14 days before the said
time, the Customer is obliged to pay 60% of the Reservation Value
to the Catering Establishment.
f. In case of Cancellation more than 7 days before the said
time, the Customer is obliged to pay 85% of the Reservation Value
to the Catering Establishment.
g. In case of Cancellation 7 days or less before the said time,
the Customer is obliged to pay 100% of the Reservation Value to the
Catering Establishment.
9.4.3 The Cancellation of a Reservation made for one or more
individuals shall be subject to the following.
a. In case of Cancellation more than 1 month before the time
when under the terms of the Catering Agreement the first Catering
Service should be provided, the Customer is not obliged to make any
payment to the Catering Establishment.
b. In case of Cancellation more than 14 days before the said
time, the Customer is obliged to pay 15% of the Reservation Value
to the Catering Establishment.
c. In case of Cancellation more than 7 days before the said
time, the Customer is obliged to pay 35% of the Reservation Value
to the Catering Establishment.
d. In case of Cancellation more than 3 days before the said
time, the Customer is obliged to pay 60% of the Reservation Value
to the Catering Establishment.
e. In case of Cancellation more than 24 hours before the said
time, the Customer is obliged to pay 85% of the Reservation Value
to the Catering Establishment.
f. In case of Cancellation 24 hours or less before the said
time, the Customer is obliged to pay 100% of the Reservation Value
to the Catering Establishment.
9.5 Cancellation by the Catering
Establishment
9.5.1 The Catering Establishment is entitled to cancel a
Catering Agreement subject to the following, unless the Customer
has given written notice within seven days after the signing of the
said Catering Agreement requiring the Catering Establishment to
waive its powers to cancel the agreement, provided that the
Customer at the same time clearly states that he is also waiving
his own powers to cancel the agreement.
9.5.2 If the Catering Establishment cancels a Catering Agreement
to provide food and accompanying drink, the Clauses 9.1.1 and 9.3.2
apply correspondingly, transposing Customer and Catering
Establishment.
9.5.3 If the Catering Establishment cancels a Catering Agreement
other than the one referred to in Clause 9.5.2, then Clauses 9.1.1
and 9.2.2 apply correspondingly, transposing Customer and Catering
Establishment.
9.5.4 The Catering Establishment is at all times entitled to
cancel a Catering Agreement, without being obliged to pay the
aforementioned amounts, if there are sufficient indications that
the gathering to be held in the Catering Establishment on the
grounds of the Catering Agreement is of such a different character
from what might have been expected on the grounds of the Customer's
statement or on the grounds of the capacity of the Customer or
Guests, that the Catering Establishment would not have concluded
the agreement, if it had been aware of the actual nature of the
gathering. If the Catering Establishment exercises this right after
the gathering in question has started, the Customer shall be
obliged to pay for the Catering Services provided up to that point
in time, but the Customer's obligation to pay for the rest shall
cease to apply. In such an event, the payment for the Catering
Services provided shall be calculated in proportion to the time the
gathering was due to last.
9.5.5 Instead of exercising its right referred to in 9.5.4, the
Catering Establishment is entitled to set additional
requirements for the course of the gathering in question. If
there are sufficient indications that these requirements are not
being (or will not be) fulfilled, the Catering Establishment shall
still be entitled to exercise the right referred to in 9.5.4.
9.5.6 If and insofar as the Catering Establishment also acts as
a tour operator in the legal sense, the following shall apply with
regard to travel agreements in the legal sense. The Catering
Establishment may change an essential point in the travel
agreement, owing to important circumstances that are immediately
reported to the Customer. The Catering Establishment may also
change a non-essential point in the travel agreement, owing to
important circumstances that are immediately reported to the
Customer. Up to twenty days before the commencement of travel, the
Catering Establishment may increase the cost of the trip in
connection with changes in the cost of transport, including fuel
costs, the levies that are due, or the applicable exchange rates.
If the traveller refuses to accept any such change, the Catering
Establishment may cancel the travel agreement.
Clause 10 - Guarantee deposit and interim
payment
10.1 The Catering Establishment can at any time require the
Customer to deposit or arrange to have deposited with the Catering
Establishment a guarantee deposit amounting at most to the
Reservation Value less any interim payments already made. Guarantee
deposits received shall be subject to proper accounting procedures,
shall serve exclusively as security for the Catering Establishment
and definitely do not count as already realised turnover.
10.2 The Catering Establishment can in each case ask for an
interim payment for Catering Services already provided.
10.3 The Catering Establishment may recover all sums owed by the
Customer on any account out of the amount deposited in accordance
with the previous clauses. The balance must be repaid to the
Customer by the Catering Establishment immediately.
Clause 11 - Turnover Guarantee
11.1 If a Turnover Guarantee is issued, the Customer is obliged
to pay the Catering Establishment at least the sum determined in
the Turnover Guarantee in respect of the Catering Agreements
concerned.
Clause 12 - Liability of the Catering
Establishment
12.1 The exclusion of liability in this clause does not apply
insofar as the Catering Establishment has received a payment from
an insurance company or from another third party relating to the
risk that has materialised.
12.2 Without prejudice to the conditions in Clause 4.6, the
Hotel Establishment is not liable for damage or loss of Goods which
have been brought into the hotel by a Guest who is staying there.
The Customer indemnifies the Hotel Establishment against claims
from Guests in this respect. These stipulations do not apply
insofar as the damage or loss is caused intentionally or the hotel
is grossly at fault.
12.3 Without prejudice to the conditions in Clauses 12.7 and
12.8, the Catering Establishment is never liable for any damage
whatsoever suffered by the Customer, the Guest and/or third parties
unless the damage is caused intentionally or the Catering
Establishment is grossly at fault. This liability exclusion also
applies in particular to damage resulting from consuming foods
prepared or served by the Catering Establishment, and to damage
resulting from computer-related problems. If imperative law only
permits a less extensive liability restriction, that less extensive
restriction shall apply.
12.4 In no case is the Catering Establishment obliged to pay a
higher sum in compensation than:
1. the Reservation Value or, if that is more, 2a. the amount
paid out by the Catering Establishment's insurer to the Catering
Establishment for the
damage, or
2b. the compensation for the damage received from another third
party.
12.5 The Catering Establishment is never liable for damage to or
caused by vehicles of the Guest, except if and insofar as the
damage is caused intentionally or the Catering Establishment is
grossly at fault.
12.6 The Catering Establishment is never liable for damage
caused directly or indirectly to any persons or property as a
direct or indirect result of any defect or any feature or
circumstance on or in any moveable or immoveable property which the
Catering Establishment is looking after, holding on a long or short
lease, hiring or which it owns or which is in any other way at the
disposal of the Catering Establishment, except if and insofar as
the damage is caused intentionally or the Catering Establishment is
grossly at fault.
12.7 If the Guest finds there has been any damage to the Goods
placed in safe keeping, in exchange for payment as referred to in
Clause 4.6, the Catering Establishment is obliged to make good the
damage to these Goods resulting from their being damaged or lost.
Compensation is never due in connection with other Goods contained
inside the Goods which are handed in.
12.8 If the Catering Establishment accepts Goods or if Goods are
deposited, left in safe keeping and/or left behind in any way,
anywhere or by anyone without the Catering Establishment charging
any money for this, then the Catering Establishment is never liable
for damage to or in connection with those Goods however this may
arise unless the Catering Establishment deliberately caused this
damage, or the Catering Establishment is grossly to blame for the
damage.
12.9 The Customer (not being a natural person who is not acting
in the exercise of a profession or business) indemnifies the
Catering Establishment in full against any claim, by whatever name,
which the Guest and/or any third party may lodge against the
Catering Establishment, if and insofar as this claim has any
connection in the broadest sense with any (Catering) Service to be
provided or which has been provided by the Catering Establishment
under the terms of any agreement with the Customer or has any
connection with the accommodation where such a (Catering) Service
was provided or was to be provided.
12.10 The liability to indemnify referred to in Clause 12.9 also
applies if the Catering Agreement with the Customer and/or the
Guest is cancelled in full or in part for any reason.
Clause 13 - Liability of the Guest and/or
Customer
13.1 The Customer and the Guest and anyone accompanying them are
severally liable for all damage which has occurred and/or may occur
to the Catering Establishment and/or to any third party as a direct
or indirect result of any non-fulfilment of obligations (culpable
deficiency) and/or wrongful action, including breaking the house
rules, committed by the Customer and/or the Guest and/or anyone
accompanying them, as well as for all damage caused by any animal
and/or any substance and/or any article which is in their
possession or which is under their supervision.
Clause 14 - Settlement of accounts and
payment
14.1 The Customer has to pay the price fixed in the Catering
Agreement or, insofar as the Catering Agreement was signed more
than three months before the time when the Catering Services
arising out of that Agreement have to be provided, the prices which
apply at the time that the Catering Service(s) has/have to be
provided, which are understood to be the prices stated on the lists
displayed by the Catering Establishment in a place visible to the
Guest or which are included in a list which is handed to the
Customer/Guest, if necessary at the request of said
Customer/Guest.
14.2 A list is considered to be displayed in a place visible to
the Guest if the list is visible in rooms which are normally
accessible in the Catering Establishment.
14.3 An extra charge can be made by the Catering Establishment
for special services, such as the use of a cloakroom, garage, safe,
laundry, telephone, telex, TV rental, etc.
14.4 All accounts, including accounts relating to Cancellation
or No-show, are due for payment by the Customer and/or Guest at the
time they are presented to him. The Customer is responsible for
paying in cash unless otherwise agreed in writing or unless agreed
otherwise.
14.5 If an invoice is sent out for an account which is below €
150,- according to the conditions in the fourth sub clause, then
the Catering Establishment may add €15,- for administration costs
to the account. The stipulations in this clause correspondingly
apply to that amount.
14.6 The Guest and the Customer are severally liable for all
amounts which one or both of them may owe the Catering
Establishment on any account. Neither of them may appeal to benefit
of excussion. Except where stipulated otherwise, Catering
Agreements are considered to be concluded jointly on behalf of
every Guest. By turning up the Guest acknowledges that the Customer
was competent to represent him in concluding the relevant Catering
Agreement.
14.7 As long as the Guest and/or Customer has not entirely
fulfilled all his obligations to the Catering Establishment, the
Catering Establishment is entitled to take over and keep all Goods
which the Guest and/or Customer has brought with him to the
Catering Establishment, until the Guest and/or Customer has
fulfilled all his obligations to the Catering Establishment to the
satisfaction of the Catering Establishment. Should this situation
arise, the Catering Establishment has a right of lien as well as a
right of retention on the Goods in question.
14.8 If payment otherwise than in cash is agreed, all invoices
for any amount must be paid by the Customer to the Catering
Establishment within fourteen days of the invoice date. If an
invoice is sent out, the Catering Establishment is at all times
entitled to add an extra 2% to the invoice to cover the restriction
of its credit, which is removed if the Customer pays the invoice
within fourteen days.
14.9 If and insofar as payment is not made in good time, the
Customer is in default without any notice of default being
necessary.
14.10 If the Customer is in default he must reimburse the
Catering Establishment for all costs, both judicial and
extrajudicial, arising from collection. The set level of
extrajudicial collection costs is at least 15% of the principal
amount owed, with a minimum of € 100.- all to be increased by the
VAT due on that amount.
14.11 Over and above this, if the Customer is in default he will
be charged interest at 2% above the legal interest rate. When the
amount of interest due is calculated, part of a month is counted as
a full month.
14.12 If the Catering Establishment has in its keeping Goods as
referred to in Clause 14.7 and if the Customer from whom the
Catering Establishment has received the Goods into keeping is in
default for three months, the Catering Establishment is entitled to
sell these Goods publicly or privately and to recover the amount
owed from the proceeds. The costs associated with the sale are also
the responsibility of the Customer, and the Catering Establishment
can also recover these costs from the proceeds of the sale. After
the Catering Establishment has recovered everything it is owed, any
remaining money shall be paid to the Customer.
14.13 Every payment shall, regardless of any endorsements or
observations made by the Customer at the time of payment, be
considered as serving to reduce the debt of the Customer to the
Catering Establishment in the following order:
1. the costs of execution
2. the judicial and extrajudicial collection costs
3. the interest
4. the damage
5. the principal amount.
14.14 Payment shall take place in Dutch currency. If the
Catering Establishment accepts foreign instruments of payment then
the market exchange rate in force at the time of payment shall
apply. The Catering Establishment may charge administration costs
amounting to a maximum of 10% of the amount offered in foreign
currency. The Catering Establishment can effectuate this by
adjusting the market exchange rate then in force by a maximum of
10%.
14.15 The Catering Establishment is never obliged to accept
cheques, giro payment cards and other such instruments of payment
and may attach conditions to the acceptance of such instruments of
payment. The same applies to other instruments of payment not
referred to here.
Clause 15 - Force majeure
15.1 Force majeure for the Catering Establishment, which means
that any deficiency caused by this cannot be attributed to the
Catering Establishment, shall be defined as every foreseen or
unforeseen, foreseeable or unforeseeable circumstance which
interferes with the fulfilment of the Catering Agreement by the
Catering Establishment to such an extent that the fulfilment of the
Catering Agreement becomes impossible or difficult.
15.2 Such circumstances are also understood to include such
circumstances involving persons and/or services and/or institutions
which the Catering Establishment is planning to use in fulfilling
the Catering Agreement, as well as everything that applies to the
aforementioned in terms of force majeure or reasons for
postponement or cancellation, as well as non-fulfilment by the
aforementioned.
15.3 If one of the parties to a Catering Agreement is not in a
position to fulfil any obligation in that Catering Agreement, he is
obliged to inform the other party of this as soon as possible.
Clause 16 - Lost and found
16.1 Any objects which are lost or left behind in the building
and appurtenances of the Catering Establishment and which are found
by the Guest, must be handed in to the Catering Establishment by
the Guest with all convenient speed.
16.2 Any objects which the rightful owner has not claimed from
the Catering Establishment within a year of their being handed in
become the property of the Catering Establishment.
16.3 If the Catering Establishment sends the Guest any objects
that have been left behind, this shall take place entirely for
account and risk of the Guest. The Catering Establishment is never
obliged to send on such objects.
Clause 17 - Corkage
17.1 If the Guest and/or Customer consumes drink that has not
been provided by a Catering Establishment on the premises of that
Catering Establishment, the Customer has to pay Corkage for each
bottle consumed.
17.2 If the Guest and/or Customer consumes food that has not
been provided by a Catering Establishment on the premises of that
Catering Establishment, the Customer has to pay a Food Charge.
17.3 The amounts referred to in Clauses 17.1 and 17.2 shall be
agreed in advance or, in the absence of prior agreement, shall be
fixed at a reasonable level by the Catering
Establishment.
Clause 18 - Applicable law and disputes
18.1 Catering Agreements shall be governed exclusively by the
laws of the Netherlands.
18.2 Any dispute between the Catering Establishment and the
Customer (not being a natural person who is not acting in the
exercise of a profession or business) shall be exclusively subject
to the jurisdiction of the court in the domicile of the Catering
Establishment, unless another court is competent under the strictly
binding provisions of the law and without prejudice to the
authority of the Catering Establishment to settle the dispute
through the court which would have jurisdiction in the absence of
this condition.
18.3 If and as soon as an arbitration committee is established
under the auspices of Koninklijk Horeca Nederland and any other
organisations which may be involved, the disputes which the
arbitration committee is set up to mediate shall be settled in
accordance with the regulations drawn up for this purpose.
18.4 All claims from the Customer become barred after one year
has elapsed from the time of their origination.
18.5 The nullity of one or more clauses in these general terms
and conditions does not affect the validity of all the other
clauses. If a clause in these general terms and conditions turns
out to be invalid for any reason, then the parties are assumed to
have agreed a valid replacement clause which comes as close as
possible to the meaning and scope of the invalid clause.
September 1998