The Uniform Conditions for the Hotel and Catering Industry, UCHCI, are filed with
the Registry of the District Court and the Chamber of Commerce and Industry in
The Hague.
ARTICLE 1 DEFINITIONS
For the purpose of the UCHCI and in the offers and agreements to which the
UCHCI are applicable the following words are each time understood as follows:
1.1 Hospitality business
The natural or legal person or company that carries on a business, engaged in
the provision of hospitality business and is a member of the ‘Koninklijke Horeca
Nederland (KNH)’, the Dutch Royal Association of Businesses in the Catering and
Related Industry.
1.2 Host
The person who represents a hospitality business upon the conclusion and
implementation of hospitality agreements.
1.3 Provision of hospitality services
The provision by a hospitality business of accommodation and/or food and/or
beverages and/or the availability of (meeting) space and/or premises, all with the
thereto-pertaining activities and services, and all in the broadest sense of the
word.
1.4 Customer
The natural or legal person or company that concluded a hospitality agreement
with a hospitality business.
1.5 Guest
The natural person(s) to whom one or more hospitality services must be provided
in pursuance of a hospitality agreement concluded with the customer. Where the
UCHCI refer to guest or customer this is understood as both guest and customer,
unless the content of the provision and its scope necessarily imply that only one
of both can be meant.
1.6 Hospitality agreement
An agreement between a hospitality business and a customer regarding one or
more hospitality services to be provided by the hospitality business at a price
payable by the customer. Instead of the term hospitality agreement the term
reservation is occasionally used.
1.7 Hotel business
The hospitality business in which the provision of hospitality services consists
mainly or exclusively of providing accommodation.
1.8 Restaurant business
The hospitality business in which the provision of hospitality services consists
mainly or exclusively of providing food and accompanying drinks.
1.9 Cafe business
The hospitality business in which the provision of hospitality services consists
mainly or exclusively of providing drinks.
1.10 Function room business
The hospitality business in which the provision of hospitality services consists
mainly or exclusively of providing function rooms.
1.11 Reservation value (the value of the hospitality agreement)
The value of the hospitality agreement that equals the total expected turnover of
the hospitality business, including potential tourist tax and VAT, regarding a
hospitality agreement concluded with a customer, which expectation is based on
the average numbers applicable within the relevant hospitality business.
1.12 Royal Association of Businesses in The Catering and Related
Industry in The Netherlands
The Royal Association of Businesses in the Catering and Related Industry
“Hospitality Netherlands” and/or its potential legal successor Royal Association of
Businesses in the Catering and Related Industry.
1.13 Cancellation
The notification in written form by the customer to the hospitality business that
one or more agreed hospitality services will not be used in whole or in part or the
notification in written form that one or more agreed hospitality services will not
be provided in whole or in part.
1.14 No-show
A guest not making use of the hospitality service to be provided in pursuance of a
hospitality agreement without cancellations.
1.15 Group
A group of 10 or more guests to whom hospitality services must be provided in
pursuance of one or more hospitality agreements to be qualified as a coherent
whole.
1.16 Individual
Each and every person, falling under guest or customer, who is not part of a
group according to the aforementioned definition.
1.17 Goods
All goods, including money, monetary values and valuable papers.
1.18 Corkage
The amount payable for the consumption of beverages in the premises of a
hospitality business that were not supplied by the hospitality business.
1.19 Food service charge
The amount owed with regard to the consumption of food, consumed in the
premises of the hospitality when the food has not been provided by that
hospitality business.
1.20 Turnover guarantee
A written declaration of the customer that with regard to one or more hospitality
agreements the hospitality business shall at least realise a certain amount of
turnover.
Article titles are for reference only. No rights may be derived from them.
ARTICLE 2 APPLICABILITY
2.1 The UCHCI are applicable, with the exclusion of any and all other general
terms and conditions, to the conclusion and the content of any and all hospitality
agreements as also to any and all offers regarding the conclusion of the said
hospitality agreements. If other general terms and conditions are nonetheless
applicable then the UCHCI shall prevail in the event of a discrepancy.
2.2 It is only possible to deviate from the UCHCI in writing and on a case by case
basis.
2.3 The UCHCI also extend to the benefit of any and all natural and legal persons
that the hospitality business relies on or relied on upon the conclusion and/or the
implementation of a hospitality agreement or upon the exploitation of the
hospitality business.
2.4 Once the UCHCI have been declared legally valid with regard to a specific
hospitality agreement, the most recent current version of the UCHCI is applicable
to all following hospitality agreements between the same parties, unless agreed
otherwise in written form.
ARTICLE 3 CONCLUSION OF HOSPITALITY AGREEMENTS
3.1 A hospitality business may always, for any reason whatsoever, reject the
conclusion of a hospitality agreement, unless this kind of rejection exclusively
takes place on one or more grounds that are qualified as discrimination in section
429 quarter of the Dutch Criminal Code (discrimination).
3.2 Any and all offers made by a hospitality business regarding the conclusion of
a hospitality agreement are subject to contract and the proviso “whilst stocks
(and/or capacity) last”. If the hospitality business relies on the aforementioned
proviso within a reasonable period of time after acceptance by the customer then
the intended hospitality agreement is deemed not to have been concluded.
3.3 When the hospitality business has granted the customer (option holder) an
option, this right cannot be revoked, unless another potential customer makes an
offer to the hospitality business to conclude a hospitality agreement regarding
the total or a part of the hospitality services included in the option. The holder of
the option must, as the occasion arises, be informed of the said offer by the
hospitality business after which the holder of the option must state within a time
limit to be imposed by the hospitality business whether or not the holder of the
option intends to rely on the option right. If the holder of the option does not
state within the imposed time limit to rely on the option right then the option
right expires. An option right can only be granted in written form.
3.4 Hospitality agreements concluded for a guest (guests) by intermediaries
(shipbrokers, travel agencies, online travel agents and other hospitality
businesses and the like), whether or not in the name of their business relation(s),
are deemed to also have been concluded at the risk and expense of the said
intermediaries. The hospitality business is not liable to pay a commission or
bonus, by any name whatsoever, unless expressly stipulated otherwise in writing.
The guest (guests) and the intermediary (intermediaries) are jointly and severally
liable for the payment of the amount due.
ARTICLE 4 GENERAL RIGHTS AND OBLIGATIONS OF THE HOSPITALITY
BUSINESS
4.1 The obligations, specified in this article apply to every hospitality business.
All obligations arising from the special nature of the hospitality business and the
type of hospitality business to be performed are contained in the following
articles.
4.2 In the event that the special regulation referred to in articles 5 et seq. Is at
variance with a general stipulation in sub articles 4.3 – 4.7, he special regulation
shall apply.
4.3 Under the terms of the hospitality agreement, the hospitality business is,
without prejudice to the stipulations in the following articles, bound to provide
the agreed hospitality services at the agreed times in the manner, customary for
that hospitality business.
4.4 The obligation, mentioned in article 4.3 does not apply:
- in the event of force majeure on the side of the hospitality business, as defined in article 15; ;
- if the guest fails to arrive or arrives more than half an hour late;
- if de customer’s payment of the deposit/interim payment referred to in article 10 is made on time;
- if the customer fails to provide a turnover guarantee on time, despite a request to do so;
- if the customer in any other way fails to fulfil all his obligations towards the hospitality business in whatever respect.
4.5 The hospitality business is not obliged to accept and/or take into safe keeping
any property of the guest.
4.6 If the hospitality business charges the guest for accepting goods and/or
taking good into safe keeping, the hospitality business is obliged to take
reasonable care of those goods, without prejudice to the stipulations in article 12.
4.7 The hospitality business is never obliged to admit any domestic animal
belonging the guest and may attach conditions to such admission.
ARTICLE 5 OBLIGATIONS OF THE HOTEL BUSINESS
5.1 During the agreed period the hotel business is obliged to provide the guest
with accommodation of the standard customary for that hotel, subject to the
stipulations in the third paragraph.
5.2 The hotel business must also be able to provide the associated hotel services,
customary for that hotel and to supply the amenities and facilities, customary
there.
5.3 The accommodation should be available to the guest from 14.00h on the day
of arrival until 12.00h/noon on the day of departure.
5.4 The hotel business 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 business is authorised to terminate the provision of hotel services
to a guest at any time without prior notice if the guest repeatedly acts in breach
of the internal rules and/or the rules of conduct or otherwise acts in such a
manner that the order and the rest within the hospitality business and/or the
normal exploitation thereof are disrupted. As the occasion arises the guest must
leave the hospitality business on demand. The hospitality business can only
exercise the present authorities if the nature and the seriousness of the
violations committed by the guest give, at the reasonable discretion of the
hospitality business, sufficient cause to the same.
5.6 Unless agreed otherwise, the hotel business is entitled to consider the
reservation cancelled if the guest has not checked in by 18.00h on the first day
of the reservation, without prejudice to the stipulations in article 9.
5.7 The hospitality business is authorized to require of the guest that the latter
accepts a different, similar accommodation than would need to be made
available according to the hospitality agreement, except if such a request is
clearly unreasonable and must be considered obviously too inconvenient for the
guest. In the latter instance the guest is entitled to terminate the hospitality
agreement, to which the said request of the hospitality business is related with
immediate effect, without prejudice to his obligations on account of other
hospitality agreements. If the hospitality business saves money under the above
circumstances by providing accommodation that differs from what is described in
the hospitality agreement, the guest and/or customer is entitled to the amount
that is saved. Beyond that the hospitality business shall never be obliged to pay
any compensation.
ARTICLE 6 OBLIGATIONS OF THE RESTAURANT BUSINESS
6.1 Pursuant to the hospitality agreement the hospitality business is, without
prejudice to the provisions set forth in the following articles, held to provide the
stipulated food and beverages at the stipulated times in the manner common for
the said hospitality business.
6.2 If nothing has been agreed in advance with regard to food and beverages, the
restaurant business shall on request provide whatever food and beverages are
available at that moment, without prejudice to the other stipulations in article 6.1.
6.3 The restaurant business is authorised to refrain from providing hospitality
services or to terminate these at any time if the guest’s behaviour does not fit in
with the position and operation of the restaurant. The restaurant business may,
among other things, set requirements with regard to the appearance of the
guest. The guest must leave the restaurant at the first request.
6.4 If the guest has not arrived within half an hour after the reserved time, the
restaurant business may cancel the reservation, without prejudice to the
stipulations in article 9.
ARTICLE 7 OBLIGATIONS OF THE CAFE BUSINESS
7.1 The cafe business is obliged, if requested, to provide the guest with drinks, it
has in stock. In addition, the cafe business must be able to provide the hospitality
services, customary for that business.
7.2 The cafe business is authorised to refrain from providing hospitality services
or to terminate these at any time if the guest’s behaviour does not fit in with the
position and operation of the café business. The cafe business may, among other
things, set requirements with regard to the guest’s appearance. The guest must
leave the cafe at the first request.
ARTICLE 8 OBLIGATIONS OF THE HOSPITALITY BUSINESS REGARDING
(MEETING) SPACE
8.1 The hospitality business is authorised to provide (meeting) space that differs
from the one described in the hospitality agreement, except if such a request is
clearly unreasonable and must be considered obviously too inconvenient for the
guest. In the latter instance, the guest/costumer is entitled to terminate the
hospitality agreement, to which the said request of the hospitality business is
related, with immediate effect, without prejudice to his obligations on account of
other hospitality agreements. If the hospitality business saves money under the
above circumstances by providing (meeting) space that differs from the one,
described in the hospitality agreement, the guest and/or customer is entitled to
the amount that is saved. Beyond that, the hospitality business shall never be
obliged to pay any compensation.
8.3 The hospitality business is authorised to refrain from providing hospitality
services or to terminate these at any time if the guest’s behaviour does not fit in
with the position and operation of the hospitality business. The hospitality
business may, among other things, set requirements with regard to the guest’s
appearances. The guest must leave the hospitality business at the first request.
8.4 After consultation with the local, competent authorities, the hospitality
business is authorised to cancel the hospitality agreements on grounds of
reasonable fear that the public order may be disrupted. If the hospitality business
makes use of this power, the hospitality business will not be liable to pay any
compensation.
ARTICLE 9 CANCELLATIONS
9.1 Cancellations by customers, general
9.1.1 The customer is not entitled to cancel a hospitality agreement, unless he
makes an instant irrevocable offer to pay the amounts specified below. Every
cancellation is considered to include such an offer. This offer is considered to be
accepted if the hospitality business does not reject the offer forthwith.
Cancellation must be dated and in writing. The customer cannot derive any rights
from a verbal cancellation. The stipulations in article 9 apply without prejudice to
the stipulations in other articles.
9.1.2 Within one month, at most, before the first hospitality services must be
provided in pursuance of the relevant hospitality agreement, the hospitality
business can inform the customer that certain individuals together qualify as a
group. Any and all group provision then apply to the said persons.
9.1.3 The provisions set forth in articles 13.1 and 14.4 also apply to cancellations.
9.1.4 In the event of a no-show the customers is in all instances held to pay the
reservation value.
9.1.5 If not all stipulated hospitality services are cancelled, the following
provisions apply pro rata to the cancelled hospitality services.
9.1.6 If one or more agreed hospitality services are completely or partly
cancelled, the terms in the following articles shall be increased by 4 months, if
the reservation value of the cancelled hospitality services amounts to more than
the correspondingly calculated value of the other hospitality services that the
hospitality business could have provided during the period of time, in which the
cancelled hospitality services were to have been provided.
9.1.7 Any amounts, the hospitality business already owes to third parties at the
time of cancellation based on the cancelled hospitality agreement must be fully
reimbursed by the costumer to the hospitality business at all times, provided the
hospitality business 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 articles.
9.2 Cancellation of hotel accommodation/lodgings
9.2.1 Groups If a reservation for accommodation alone, whether or not with breakfast included,
was made for a group then in case of cancellation of the said reservation the
following applies
- In the event of cancellation more than 3 months before the time, the first hospitality service should be provided under the terms of the hospitality agreement, hereinafter called ‘the start date’, the customer is not obliged to make any payments to the hotel business.
- In the event of cancellation more than 2 months before the start date, the customer is obliged to pay 15% of the reservation value to the hotel business.
- In the event of cancellation more than 1 month before the start date, the customer is obliged to pay 35% of the reservation value to the hotel business.
- In the event of cancellation more than 14 days before the start date, the customer is obliged to pay 60% of the reservation value to the hotel business.
- In the event of cancellation more than 7 days before the start date, the customer is obliged to pay 85% of the reservation value to the hotel business.
- In the event of cancellation more than 7 days or less before the start date, the customer is obliged to pay 100% of the reservation value to the hotel business.
9.2.2 Individuals
If a reservation for accommodation alone, whether or not with breakfast included,
was made for one more individuals then in the event of cancellation of the said
reservation the following percentages of the reservation value apply that must be
paid to the hospitality business by the customer.
- Cancellations up to 24 hours before arrival do not involve any costs.
9.3 Cancellation of restaurant/table reservation
9.3.1 Groups
If a reservation for a restaurant (table reservation) alone for a group was made,
the following applies in the event of a cancellation of the said reservation:
1. If a menu was agreed on:
- In the event of cancellation more than 14 days before the reserved time nothing will be charged;
- In the event of cancellation 14 days or less but more than 7 days before the reserved time, the customer will be charged 25% of the reservation value;
- In the event of cancellation 7 days or less before the reserved time, the customer will be charged 50% of the reservation value.
- In the event of cancellation 3 days or less before the reserved time, the customer will be charged 75% of the reservation value.
2. if a menu was not agreed on:
- In the event of cancellation more than two times 24 hours before the reserved time nothing will be charged;
- In the event of cancellation two times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value.
9.3.2 Individuals
If a reservation for a restaurant (table reservation) alone, for one or more
individuals was made, the following applies in the event of a cancellation of the
said reservation:
1. if a menu was agreed on:
- In the event of cancellation more than four times 24 hours before the reserved time, nothing will be charged;
- In the event of cancellation four times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value.
2. if a menu was not agreed on:
- In the event of cancellation more than two times 24 hours before the reserved time, nothing will be charged;
- In the event of cancellation two times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value.
9.4 Cancellation of other hospitality agreements
9.4.1 For cancellations of any and all reservations that do not fall under articles
9.2 and 9.3 the following applies:
9.4.2 If a reservation was made for a group, the following applies in the event of
a cancellation of the said reservation.
- In the event of cancellation more than 6 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is not obliged to make any payments to the hospitality business.
- In the event of cancellation more than 3 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 10% of the reservation value.
- In the event of cancellation more than 2 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 15% of the reservation value.
- In the event of cancellation more than 1 month before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hotel business 35% of the reservation value.
- In the event of cancellation more than 14 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 60% of the reservation value.
- In the event of cancellation more than 7 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 85% of the reservation value.
- In the event of cancellation 7 days or less before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 100% of the reservation value.
9.4.3. If a reservation was made for one or more individuals then the following
applies to cancellation of the said reservation:
- In the event of cancellation more than 1 month before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is not obliged to make any payments to the hospitality business.
- In the event of cancellation more than 14 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 15 % of the reservation value.
- In the event of cancellation more than 7 days before the time when under the terms of the hospital agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 35% of the reservation value.
- In the event of cancellation more than 3 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 60% of the reservation value.
- In the event of cancellation more than 24 hours before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 85% of the reservation value.
- In the event of cancellation 24 hours or less before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 100% of the reservation value.
9.5 Cancellation by the hospitality business
9.5.1 In consideration of the following the hospitality business is authorised to
cancel a hospitality agreement, unless the customer has given written notice
within seven days after the signing of the said hospitality agreement, requiring
the hospitality business to waive its powers to cancel the agreement, provided
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 hospitality business cancels a hospitality service, comprising the
provision of food and beverages, articles 9.1.1 and 9.3.2 are equally applicable
where customer is to be read as hospitality business..
9.5.3 If the hospitality business cancels a hospitality agreement other than
intended in article 9.5.2., the articles 9.1.1 and 9.2.2. are equally applicable
where customer is to be read as hospitality business.
9.5.4 The hospitality business is always authorised to cancel a hospitality
agreement without payment of the aforementioned amounts if there are
sufficient indications that the meeting to be held at the hospitality business in
pursuance of the hospitality agreement is of such different nature than could be
expected on the basis of the information supplied by the customer or on the
basis of capacity of the customer or guests that the hospitality business would
not have concluded the agreement had it been informed of the actual nature of
the meeting. If the hospitality business relies on this authority after the relevant
meeting has already started, then the customer is held to pay the hospitality
serviced enjoyed thus far, however the payment obligation in respect of the
remainder expires. The fee for enjoyed hospitality services is, as the occasion
arises, calculated in a time proportionate manner
9.5.5 Instead of exercising its right referred to in article 9.4.3, he hospitality
business is authorised to impose further requirements for the course of the
relevant meeting. If there are sufficient indications that these requirements are
not being (or will not be) fulfilled, the hospitality business shall still be entitled to
exercise the right as intended in article 9.5.4.
9.5.6 If and insofar as the hospitality business also acts as tour operator in the
legal sense, the following applies with regard to travel agreements in the legal
sense. The hospitality business may change the travel agreement on an essential
point on account of compelling circumstances that are forthwith communicated
to the traveller. Up to twenty days before the start of the trip the hospitality
business can increase the travel sum in connection with changes in the transport
costs, including the fuel charges, the payable duties or the applicable exchange
rates. If the traveller rejects a change as intended above then the hospitality
business can terminate the travel agreement.
ARTICLE 10 DEPOSIT AND INTERIM PAYMENT
10.1 The hospitality business can at any time require the customer to deposit or
arrange to have deposited an amount with the hospitality business with a
maximum of the reservation value minus any interim payments already made.
Deposits received shall be subject to proper accounting procedures, serve
exclusively as security for the hospitality business and definitely do not count as
already realised turnover.
10.2 The hospitality business can always require interim payment for already
provided hospitality services.
10.3 The hospitality business may recover all sums, the customer is liable to pay
on any account out of the amount deposited in accordance with the previous
articles. The surplus must forthwith be repaid to the customer by the hospitality
business.
ARTICLE 11 TURNOVER GUARANTEE
11.1 If a turnover guarantee was issued, the customer is obliged to pay the
hospitality business at least the sum determined in the turnover guarantee in
respect of the relevant hospitality agreement.
Article 12 Liability of the hospitality business
12.1 The exclusion of liability in this article does not apply insofar as the
hospitality business has received a payment from the insurance company or from
another third party relating to the risk that has materialised.
12.2 Without prejudice to the provisions set forth in article 4.6 the hospitality
business shall not be liable for damage to or loss of goods that were taken to the
hospitality business by a guest who is staying there. The customer indemnifies
the hospitality business against claims of guests in connection therewith. The
provisions set forth here are not applicable to the extent that the damage or the
loss can be blamed on intent or gross negligence of the hospitality business.
12.3 Without prejudice to the conditions in articles 12.7 and 12.8, the hospitality
business 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
hospitality business is grossly at fault. This liability exclusion also applies in
particular to damage resulting from consuming foods prepared or served by the
hospitality business, 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 The hospitality business is under no circumstances obliged to pay a higher
sum in compensation than:
- the reservation value or, if that is more.
- the amount paid out by the hospitality business’s insurer to the hospitality business for the damage, or
- the compensation for the damage received from another third party.
12.5 The hospitality business is never liable for damage to or caused by vehicles
belonging to the guest, except if and insofar as the damage is the direct result of
the hospitality business’s intent or gross negligence
12.6 The hospitality business 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 property or immoveable
property, the hospitality business is looking after, holding on a long or short
lease, hiring or owns in any other wat at the disposal of the hospitality business,
except if and insofar as the damage is caused intentionally or the hospitality
business is grossly at fault.
12.7 If the guest finds there has been any damage to the goods placed in
safekeeping, in exchange for payment as referred to in article 4.6, the hospitality
business is obliged to reimburse the guest for the damage to these goods,
resulting from their being damaged or lost. Compensation is never due in
connection with other goods that are inside goods, presented for safekeeping.
12.8 If the hospitality business takes receipt of goods or if goods are deposited,
left in safe keeping and/or left behind in any way, anywhere or by anyone without
the hospitality business charging any money for this, the hospitality business is
never liable for damage to or in connection with those goods, however this may
arise, unless the hospitality business intentionally inflicted the said damage or if
the damage is the result of intent or gross negligence on the part of the
hospitality business.
12.9 The customer (not being a natural person and not acting in his professional
capacity) indemnifies the hospitality business in full against any claim, however
named, the guest and/or any third party may assert against the hospitality
business, if and insofar as this claim has any connection in the broadest sense
with any (hospitality) services to be provided or which has been provided by the
hospitality business under the terms of any agreement with the customer or has
any connection with the accommodation, in which such (hospitality) services
were provided or were to be provided.
12.10 The indemnity against liability referred to in article 12.0 also applies if the
hospitality agreement with the customer and/or the guest is cancelled in full or in
part for whatever reason.
ARTICLE 13 LIABILITY OF THE GUEST AND/OR CUSTOMER
13.1 The customer and the guest and anyone accompanying them are severally
liable for any and alle damages that are and/or shall be inflicted on the
hospitality business and/or a third party as a direct or indirect result of an
imputable failure to comply (culpable deficiency) and/or an unlawful act,
including a violation of the internal rules, committed by the customer and/or
anyone accompanying them, as well as for all for all damage caused by any
animal and/or any substance and/or any article of which they are the holder or
that falls under their supervision
ARTICLE 14 SETTLEMENT AND PAYMENT
14.1 The customer is liable to pay the price stipulated in the hospitality
agreement, or, insofar as the hospitality agreement was signed more than three
months before the time when the hospitality services, as stated in the agreement
have to be provided, the prices which apply at the time that the hospitality
services has/have to be provided, including the listed prices that are displayed by
the hospitality business in a location visible to the guest or handed to the
customer/guest, if necessary at the request of said customer/guest. VAT-rate
changes will at all times passed on to the customer.
14.2 A list should be published in a manner visible to the customer if it is visible in the
commonly accessible areas within the hospitality business
14.3 The hospitality business can apply an extra charge for special services, including
the use of a cloakroom, garage, safe-deposit box, laundry and dry cleaning,
telephone, telex, TV rental, etc.,
14.4 All accounts payable, including accounts relating to cancellation or no-show,
are due for payment by the customer/guest at the time these are presented to
him. The customer is responsible for paying in cash, unless agreed otherwise in
writing or agreed otherwise.
14.5 If an invoice is sent out for an account below E 150, pursuant to the
conditions in the fourth paragraph, the hospitality business may add E 15 for
administration costs. The stipulations in this article apply accordingly to that sum.
14.6 The guest and the customer are jointly and severally liable for any and all
amounts that one of them or both of them are liable to pay to the hospitality
business on any account whatsoever. Neither of them may claim benefit of
warranty. Except if stipulated otherwise, hospitality agreements are considered
to be concluded jointly on behalf of every guest. By showing up, the guest
acknowledges that the customer was competent to represent him in concluding
the relevant hospitality agreement.
14.7 As long as the guest and/or customer has not complied with all his
obligations to the hospitality business, the latter is entitled to take possession of
and keep any and all goods that the customer brought along to the hospitality
business until the customer has complied, to the satisfaction of the hospitality
business regarding all his obligations to the hospitality business. When the
occasion arises, the hospitality business has a right of lien besides a right of
retention on the relevant goods.
14.8 If payment other than in cash was agreed, all invoice for any amount, must
be paid to the hospitality business by the customer within fourteen days after the
date of the invoice. If an invoice is sent, the hospital business is always
authorised to charge a late payment surcharge of 2%, which expires if the
customer pays the invoice within fourteen days.
14.9 If and insofar as timely payment fails to materialise, the customer shall be in
default without any notice of default being required.
14.10 If the customer is in default, he must reimburse the hospitality for all, both
judicial and extrajudicial, costs, associated with the collection. The set level of
extrajudicial collection costs is at least 15% of the principal amount owed, with a
minimum of E 100, increased by VAT due on that amount.
14.11 Furthermore, if the customer is in default he will be charged interest at 2%
above the legal interest rate. When the interest due is calculated, part of a month
is counted as a full month.
14.12 If the hospitality business has goods in its possession as referred to in
article 14.7 and the customer, whose goods the hospitality business has in its
possession has been in default for a period of three months, the hospitality
business is entitled to sell these good publicly or privately and to recover its costs
form the proceeds. The costs associated with the sale are also at the expense of
the customer and the hospitality business can also recover these from the
proceeds. After the hospitality business has recovered everything it is owed, any
remaining money shall be paid to the customer.
14.13 Each and every payment shall, regardless of any note or comments made
with the said payment by the customer, be considered as serving to reduce the
debt of the customer to the hospitality business in the following order:
- the costs of execution;
- the judicial and extrajudicial collection costs;
- the interest;
- the damages;
- the principal sum
14.14 Payment shall take place in euros. If the hospitality business accepts
foreign currencies, the market exchange rate at the time of payment shall apply.
The hospitality business may charge administration costs at a maximum of 10%
of the amount offered in foreign currency. The hospitality business can effectuate
this by revising the market rate by a maximum of 10%.
14.15 The hospitality business is never obliged to accept cheques, giro cheques
and other similar means of payment and may impose conditions on the
acceptance of these kinds of other means of payment.
ARTICLE 15 FORCE MAJEURE
15.1 Each and every foreseen or unforeseen, foreseeable or unforeseeable
circumstance that hinders the implementation of the hospitality agreement by
the hospitality business to such an extent that the implementation of the
hospitality agreement becomes impossible or burdensome, shall be qualified as
force majeure on the part of the hospitality business which implies that a
potential thus occurring shortcoming of the hospitality business cannot be
blamed on the same.
15.2 Such circumstances are also understood to include such circumstances
involving persons and/or services and/or institutions, the hospitality business is
planning to use in fulfilling the hospitality 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
party.
15.3 If one of the parties to a hospitality agreement is unable to comply with an
obligation by virtue of the said hospitality agreement, this party is obliged to
forthwith inform the other party accordingly.
ARTICLE 16 LOST AND FOUND
16.1 Objects lost or left behind in the building and appurtenances of the
hospitality business that are found by the guest must forthwith be handed in to
the hospitality business.
16.2 Any objects which the rightful owner has not claimed from the hospitality
business within one year after these being handed in become the property of the
hospitality business.
16.3 If the hospitality business sends the guest any objects, left behind by the
guest, this shall take place entirely at the risk and expense of the guest. The
hospitality business is never obliged to send such objects.
ARTICLE 17 CORKAGE
17.1 If the guest and/or customer consumes a drink on the premises of a
hospitality business and the drink has not been provided by that hospitality
business, the customer has to pay corkage for each consumed bottle.
17.2 If the guest and/or customer consume food on the premises of a hospitality
business and the food has not been provided by that hospitality business, the
customer has to pay a food charge.
17.3 The amounts referred to in articles 17.1 and 17.2 shall be agreed in
advance, or in the absence of prior agreement, be fixed at a reasonable level by
the hospitality business.
ARTICLE 18 APPICABLE LAW AND DISPUTES
Dutch law is exclusively applicable to hospitality agreements.
18.2 Any dispute between the hospitality business and a customer (not being a
natural person and not acting in his professional capacity) shall be exclusively
subject to the jurisdiction of the court in the hospitality business’s domicile,
unless another court is competent under the strictly binding provisions of the law
and without prejudice to the authority of the hospitality business to settle the
dispute through the court that would have been competent in the absence of this
condition.
18.3 If and as soon as an arbitration board is established under the auspices of
Koninklijke Horeca Nederland and any other organisations that may be involved,
the disputes, the arbitration board 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, they originated.
18.5 The invalidity of one or more of the provisions of these general terms and
conditions shall not affect the validity of all other provisions. If a provision of
these general terms and conditions appears to be invalid, for any reason
whatsoever, then the parties are deemed to have stipulated a valid alternative
provision that best approaches the scope and application of the invalid provision.