Uniform Conditions for the Hotel and Catering Industry.
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
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 declared legally applicable to a certain Catering
Agreement, then the latest valid version of the UVH is considered to apply
to all subsequent Catering Agreements between the same parties, unless
agreed 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 subclauses 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:
1. in the event of force majeure on the side of the Catering Establishment
as defined in Clause 15;
2. if the Guest fails to arrive or arrives more than half an hour late;
3. if the Customer's payment of the guarantee deposit/interim payment
referred to in Clause 10 is not made in good time;
4. if the Customer fails to provide a Turnover Guarantee in good time,
despite a request to do so;
5. if the Customer in any other way fails to fulfil 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 subclause.
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 Clause 6.1.
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
9.2.2 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.
1. In case of Cancellation more than 1 month before the Commencement Date,
the Customer is not obliged to pay any money to Hotel Establishment.
2. In case of Cancellation more than 14 days before the Commencement Date,
the Customer is obliged to pay 15% of the Reservation Value to the Hotel
Establishment.
3. In case of Cancellation more than 7 days before the Commencement Date,
the Customer is obliged to pay 35% of the Reservation Value to the Hotel
Establishment.
4. In case of Cancellation more than 3 days before the Commencement Date,
the Customer is obliged to pay 60% of the Reservation Value to the Hotel
Establishment.
5. In case of Cancellation more than 24 hours before the Commencement Date,
the Customer is obliged to pay 85% of the Reservation Value to the Hotel
Establishment.
6. In case of Cancellation 24 hours or less before the Commencement Date,
the Customer is obliged to pay 100% of the Reservation Value to the Hotel
Establishment.
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:
1. in case of Cancellation more than 14 days before the reserved time no
payment is due;
2. 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;
3. in case of Cancellation 7 days or less before the reserved time the
Customer shall pay 50% of the Reservation Value;
4. 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:
1. in case of Cancellation more than twice 24 hours before the reserved time
no payment is due;
2. 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:
1. in case of Cancellation more than four times 24 hours before the reserved
time no payment is due;
2. 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:
1. in case of Cancellation more than twice 24 hours before the reserved time
no payment is due;
2. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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,
2.
1. the amount paid out by the Catering Establishment's insurer to the
Catering Establishment for the damage, or
2. 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 e 150,-
according to the conditions in the fourth subclause, then the Catering
Establishment may add e 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 e 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
