The Uniform Conditions for the Hotel and Catering
Industry (UVH)
The Uniform Conditions for the Hotel and
Catering Industry can also be downloaded in rtf-textformat:
uvh1998eng.rtf (~58kB)
01.09.98
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 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 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.
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.
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.
a. In case of Cancellation more than 1
month before the Commencement Date, the Customer is not obliged to pay
any money to Hotel Establishment.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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:
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 NLG 300.- according to the conditions in the
fourth sub clause, then the Catering Establishment may add NLG 25.- 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 NLG 200.- 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.
|
