Article 1 Definitions
The Uniformed Conditions Horeca (UVH) are the conditions on which catering companies established in the Netherlands, such as hotels, restaurants, cafes and related companies (including catering companies, party service companies, etc.), provide catering services and conclude catering agreements. The UVH are filed with the Chamber of Commerce in Woerden and registered there under number 40482082. In the UVH, and in the offers and agreements to which the UVH apply, the following words are understood to mean the following:
1.1 Catering company
The natural or legal person or company that makes its business of providing catering services.
The person who represents a Catering Establishment when concluding and executing Catering Agreements.
1.3 Provision of catering service(s)
The provision by a catering company of accommodation and/or food and/or drinks and/or the provision of (room) space and/or grounds, everything with all associated activities and services, and everything in the broadest sense of the word.
The natural or legal person or company that has a Catering Agreement with a Catering Establishment
The natural person(s) to whom, on the basis of a catering agreement concluded with the customer, one or more catering service(s) must be provided. Where in the UVH is spoken of guest or customer, both guest as a customer, unless it necessarily follows from the content of the provision and its purport that only one of the two can be intended.
1.6 Catering agreement
An agreement between a Catering Establishment and a Customer with regard to one or more Catering Services to be provided by the Catering Establishment at a price to be paid by the Customer. Instead of the term Catering Agreement, sometimes uses the term reservation.
1.7 Reservation Value
The value of the Catering Agreement, which is equal to the total turnover expectation of the Catering Establishment, including any tourist tax and VAT. in respect of a catering agreement concluded with a customer, which expectation is based on the averages applicable within that catering establishment.
1.8 Koninklijke Horeca Nederland
The Royal Confederation of Entrepreneurs in the Catering and Related Business “Horeca Nederland” or the any legal successor thereof.
1.9 No show
Failure by a guest to make use of a catering agreement pursuant to a catering agreement without cancellation provide catering service.
A group of 10 or more guests to whom catering services must be provided by a catering company pursuant to one or more Catering Agreements to be regarded as related.
Any person, belonging to a guest or customer, who does not belong to a group according to the above definition.
1.12 Cork and kitchen fees
The amount owed for the consumption of food not supplied by that catering business in the premises of a Catering Establishment provided drinks and/or food.
The written notification by the customer to the Catering Establishment that one or more agreed Catering Services will not be used in whole or in part, or the written notice form of notification made by the Catering Establishment to the Customer that one or more agreed Catering Services will not be provided in whole or in part.
1.14 Revenue guarantee
A written statement from the customer that with regard to one or more Catering Agreements by the Catering Establishment at least a certain amount of turnover will be realized by the Catering Establishment.
Article 2 Applicability
2.1 The UVH apply to the conclusion and the agreement to the exclusion of all other general terms and conditions content of all Catering Agreements, as well as on all offers with regard to the conclusion of this
catering agreements. If, in addition, other general terms and conditions apply, then prevail in case of contradiction the UVH.
2.2 Deviation from the UVH is only possible in writing and on a case-by-case basis.
2.3 The UVH also apply to all natural and legal persons that the Catering Establishment uses makes or has made when concluding and/or executing a Catering Agreement or another agreement or when operating the Catering Establishment.
Article 3 Establishment of Catering Agreements
3.1 A Catering Establishment can at all times for whatever reason refuse to enter into a Catering Agreement, unless such refusal is made solely on one or more grounds set out in Article 429c of the Criminal Code as discrimination.
3.2 All offers made by a Catering Establishment with regard to the conclusion of a Catering Agreement are without obligation and subject to “as long as stocks (or capacity) last”. Does the catering company within a reasonable period after acceptance by the customer invokes the said reservation, the intended Catering Agreement is deemed not to have been concluded.
3.3 A catering agreement for (a) guest(s) entered into by intermediaries (shipbrokers, travel agencies, Online Travel Agents and other catering companies, etc.), whether or not in the name of their relation(s), are deemed to be partly for the account and risk of these intermediaries. The catering company is not obliged to intermediaries commission or commission, by whatever name, unless expressly agreed otherwise in writing. The guest(s) and the intermediary(s) are jointly and severally liable for the payment of the amount owed.
Article 4 Right of option
4.1 An option right is the right of a customer to unilaterally conclude the Catering Agreement by mere acceptance of a valid offer from the Catering Establishment.
4.2 An option right can only be granted in writing. An option right can be agreed for a definite or indefinite period. The option right lapses if the option holder has indicated not wishing to make use of the option right or if the specified term has expired without the option holder has indicated that he wishes to exercise the option right.
4.3 An option right cannot be revoked by the Catering Establishment, unless another potential customer makes an offer to the Catering Establishment to conclude a Catering Agreement with regard to the total or part of the the optional catering services. In such a case, the option holder must be informed by the Catering Establishment of this offer be informed, after which the option holder within a period to be set by the Catering Establishment must indicate whether or not they wish to exercise the option right. If the option holder does not gives notice within the set term that it wishes to use the option right, the option right lapses.
Article 5 General rights and obligations of the Catering Establishment
5.1 Without prejudice to the provisions of the following articles, the Catering Establishment is obliged by virtue of the Catering Agreement to provide the agreed Catering Services at the agreed times at the specified times. that catering business in the usual way.
5.2 The Catering Establishment is entitled at any time without notice to provide Catering Services to to terminate a guest when the guest violates the house rules and/or rules of conduct, or otherwise becomes so behaves in a way that disrupts the order and tranquility of the Catering Establishment and/or its normal operation. The guest must then leave the Catering Establishment on first request. If the customer does not otherwise fully complies with all his obligations that he has towards the Catering Establishment for whatever reason then is the Catering Establishment is entitled to suspend the service. The Catering Establishment may only exercise these powers if the nature and seriousness of the violations committed by the Guest provide sufficient reason for the reasonable judgment of the Catering Establishment.
5.3 The Catering Establishment is entitled, after consultation with the locally competent authority, to terminate the Catering Agreement on account of well-founded fear of disturbance of public order out of court. Makes the catering company use of this authority, the Catering Establishment will not pay any compensation to the Customer have been held.
5.4 The Catering Establishment is not obliged to receive and/or take into custody any good from the Guest. The foregoing means that the Catering Establishment is not responsible and/or liable for damage, loss or theft of any property belonging to the guest, which the Catering Establishment has refused to accept and/or keep take.
5.5 If the Catering Establishment pays the guest any amount for the receipt and/or custody of goods, charges, the Catering Establishment must keep an eye on those goods with due care, without prejudice to the stipulated in article 12.
5.6 The Catering Establishment is not obliged to admit any pet of the guest and cannot comply with the admission conditions to connect. The legal regulation(s) apply to the admission of assistance dogs, including the exceptions indicated therein.
Article 6 General obligations of the guest
6.1 The guest is obliged to adhere to the house rules and rules of conduct applicable in the Catering Establishment and to to follow reasonable instructions from the Catering Establishment. The catering company must follow the house rules and rules of conduct make known or provide in writing a clearly observable location. Reasonable indications are allowed be given orally.
6.2 The guest is obliged to cooperate with reasonable requests from the Catering Establishment in the context of its legal obligations regarding, among other things, safety, identification, food safety/hygiene and limitation of nuisance.
Article 7 Reservation
7.1 If the guest has not arrived within half an hour after the reserved time, the Catering Establishment may regard the reservation as cancelled, without prejudice to the provisions of Article 9.
7.2 The Catering Establishment may attach conditions to the reservation.
Article 8 Catering service consisting of the provision of accommodation and/or the provision of (hall) space and/or terrains
8.1 In the case of accommodation, the Catering Establishment will communicate in advance about the time when the accommodation will be available is made available to the guest and by what time the guest must have checked out.
8.2 Unless otherwise agreed, the Catering Establishment is entitled to cancel the reservation for accommodation as consider if the guest has not reported to him on the first reserved day by 6 p.m., or the guest has not indicated in time that he will arrive at a later time and the Catering Establishment has not objected to this objected. The foregoing applies, without prejudice to the provisions of Article 9.
8.3 The Catering Establishment is entitled to require the Guest to be satisfied with a different, equivalent accommodation with regard to accommodation or (hall) space and/or grounds than should be made available according to the Catering Agreement. The guest can refuse this alternative. The guest has in that In the latter case, the right to terminate with immediate effect the Catering Agreement to which the aforesaid the Catering Establishment, without prejudice to its obligations under other Catering Agreements.
Article 9 Cancellations
9.1 Cancellation by customers, general
9.1.1 The customer is authorized to cancel a Catering Agreement against payment of the cancellation costs. Like a customer does not arrive within half an hour after the agreed time, the customer is deemed to have canceled and then he owes the cancellation costs. If the customer still has half an hour (or later) after the arrives at the agreed time, the Catering Establishment can invoke these cancellation costs due or still implement the Catering Agreement and demand full compliance from the Customer with regard to the Catering Agreement.
9.1.2 The Catering Establishment may declare to the Customer that it will consider certain individuals together as a group no later than one month before the first Catering Service is to be provided under the relevant Catering Agreement. All provisions for groups will then apply to those persons.
9.1.3 The provisions of Articles 13.1 and 14.4 also apply to cancellations.
9.1.4 In the event of a no-show, the customer is in all cases obliged to pay the reservation value.
9.1.5 If not all agreed catering services are canceled, the canceled catering services the following provisions apply pro rata.
9.2 Cancellation of a catering service consisting of the provision of accommodation
When a reservation for accommodation only, with or without breakfast, has been made for one or more individuals for cancellation of that reservation, the following percentages of the reservation value apply that Customer must pay to the Catering Establishment (unless otherwise agreed in writing):
In case of cancellation:
When a reservation for accommodation only, with or without breakfast, has been made for a group, then applies for cancellation of that reservation the following (unless otherwise agreed in writing). In the event of cancellation before the time at which the first catering service will have to be provided pursuant to the Catering Agreement, are granted, hereinafter referred to as ‘the effective date’, the customer is obliged to pay the following percentages of the reservation value to be paid by the customer in the event of cancellation to be paid to the Catering Establishment:
9.3 Cancellation of a catering service consisting of the provision of food and/or drinks
When a reservation for only a catering service consisting of the provision of food and/or drinks (table reservation) has been made for a group, the following percentages apply for cancellation: reservation value that must be paid by the customer to the Catering Establishment in the event of cancellation:
9.4 Cancellation of other Catering Agreements
9.4.1 For cancellation of all reservations not covered by articles 9.2 and 9.3, the following percentages of the reservation value apply, which must be paid by the customer to the Catering Establishment in the event of cancellation:
9.4.2 When a reservation is made for a group, the following applies to cancellation of that reservation:
9.4.3 When a reservation is made for one or more individuals, cancellation of that reservation is subject to the following:
9.5 Cancellation by the Catering Establishment
9.5.1 The Catering Establishment is authorized to cancel a Catering Agreement with due observance of the following, unless otherwise agreed.
9.5.2 If the Catering Establishment cancels a Catering Service for the provision of food and drinks, the articles
9.1.1 and 9.3.1 apply mutatis mutandis, with customer and Catering Establishment being exchanged.
9.5.3 If the Catering Establishment cancels a Catering Agreement other than that referred to in Article 9.5.2, Articles 9.1.1 and 9.2.2 shall apply mutatis mutandis, with exchange of customer and Catering Establishment.
9.5.4 The Catering Establishment is at all times entitled to cancel a Catering Agreement without paying the amounts referred to above, if there are sufficient indications that the of that Catering Agreement, the meeting to be held in the Catering Establishment has such a different character than could be expected on the basis of the announcement by the customer or on the basis of the capacity of customer or guests, that the Catering Establishment would not have concluded the agreement if it were of the actual character had been aware of the meeting. Does the Catering Establishment make use of this authority after the relevant meeting has started, the customer is obliged to pay for the amount enjoyed up to that time catering services, but his payment obligation for the rest lapses. Where appropriate, the compensation for catering services enjoyed is calculated on a time-proportionate basis.
9.5.5 The Catering Establishment is entitled, instead of exercising its authority referred to in Article 9.5.4, to to set further requirements with regard to the course of the meeting in question. If there are sufficient indications that these requirements are not (or will not be) complied with, the Catering Establishment is still entitled to to exercise the power referred to in Article 9.5.4.
9.5.6 If and insofar as the Catering Establishment also acts as a travel organizer within the meaning of the law, the following applies with regard to travel agreements within the meaning of the law. The catering company may cancel the travel agreement change on an essential point due to important circumstances, which have been communicated to the traveler without delay. It Catering Establishment may also change the travel agreement other than on an essential point due to important, circumstances communicated to the traveler without delay. It is allowed up to twenty days before the start of the trip the Catering Establishment increase the travel sum in connection with changes in the transport costs, including fuel costs, the levies due or the applicable exchange rates. If the traveler makes a change as If you reject the aforementioned, the Catering Establishment can cancel the travel agreement.
Article 10 Deposit and interim payment
10.1 The Catering Establishment may require the Customer to deposit a deposit under the Catering Establishment. Deposits received are properly administered and serve exclusively as security for the catering business and expressly do not count as turnover already realized. To the greater certainty of the Catering Establishment, it may require the Customer to cooperate in providing the necessary data, including making a printout or copy of the customer’s credit card, in order to secure the deposit and the possibility of extracting it as much as possible.
10.2 The Catering Establishment may at all times require interim payment for Catering Services already provided.
10.3 The Catering Establishment may recover from the amount deposited pursuant to the foregoing provisions all that which the customer owes him for whatever reason. The surplus must be repaid to the customer by the Catering Establishment without delay.
Article 11 Turnover guarantee
If a turnover guarantee has been issued, the customer is obliged with regard to the relevant catering agreement(s) to pay to the Catering Establishment at least the amount specified in the turnover guarantee.
Article 12 Liability of the Catering Establishment
12.1 The Catering Establishment is liable to the Guest for damage resulting from a shortcoming by the Catering Establishment in the fulfillment of the agreement, unless that shortcoming cannot be attributed to the Catering Establishment or to persons whose assistance the Catering Establishment makes use of in the execution of the Agreement.
12.2 Without prejudice to the provisions of Article 5.5, the Catering Establishment is not liable for damage or loss of goods brought into the Catering Establishment by a guest who has taken up residence there. The customer indemnifies the Catering Establishment against claims from guests in this regard. The provisions herein do not apply insofar as the damage or loss is due to intent or gross negligence on the part of the Catering Establishment.
12.3 The Catering Establishment is not liable for damage to or with vehicles of the guest, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the Catering Establishment.
12.4 The Catering Establishment is not liable for damage, direct or indirect, to anyone or anything that arises as a direct or indirect result of any defect or any quality or circumstance in, in or on any movable or immovable property of which the Catering Establishment is the holder, leaseholder, tenant or owner or that is otherwise is at the disposal of the Catering Establishment, except if and insofar as the damage is the direct consequence of of intent or gross negligence on the part of the Catering Establishment.
12.5 The Catering Establishment’s liability is limited to the amount that can reasonably be insured.
12.6 If for the guest the goods given in custody, for which a fee as referred to in Article 5.5 is charged, damage occurs, the Catering Establishment is obliged to pay the damage to these goods at least as a result of damage or loss. Compensation is not due in respect of the issued goods present other goods.
12.7 If the Catering Establishment takes receipt of goods or if goods in any way deposited, stored and/or left behind by anyone without the Catering Establishment stipulates any compensation, then the Catering Establishment is not liable for damage to or in connection with that goods arise in any way whatsoever unless the Catering Establishment has intentionally caused this damage, whether the damage is the result of intent or gross negligence on the part of the Catering Establishment. In all cases, the Catering Establishment cannot be held liable for compensation for damage to goods contained in goods that are deposited, kept or left behind, regardless of whether the Catering Establishment pays any compensation for this stipulates.
Article 13 Liability of the guest and/or customer
13.1 The customer and the guest and those accompanying him are jointly and severally liable for all damage caused to the hospitality business and/or any third party is and/or will arise as a direct or indirect result of an attributable shortcoming and/or tort, including violation of the house rules, committed by the customer and/or the guest and/or those accompanying him, as well as for any damage caused by any animal and/or any property they hold or are under their control.
Article 14 Settlement and payment
14.1 The customer owes the price agreed in the Catering Agreement. Prices are listed on lists that have been placed by the Catering Establishment in a place visible to the guest or that have been included in a list that is handed over to the customer, if necessary at the customer’s request, or that is accessible to the customer via digital sources. A list is deemed to be visible to the customer if it is visible in the normally accessible areas of the Catering Establishment.
14.2 For special services, such as the use of cloakroom, garage, safe, laundry or dry cleaning, telephone, internet, Wi-Fi, room service, TV rental, etc. may be charged an additional fee by the catering company.
14.3 All invoices, including invoices in respect of cancellation or no-show, are paid by the customer due at the time they are presented to him. The customer must pay in cash or payment by bank or giro, unless otherwise agreed.
14.4 The guest and the customer are jointly and severally liable for all amounts owed by one or both of them to the Catering Establishment for whatever reason. Catering agreements will be made unless otherwise clause is deemed to have been concluded also on behalf of each guest. By appearing, the guest indicates that the customer was authorized to represent him at the conclusion of the relevant Catering Agreement.
14.5 As long as the customer has not fully fulfilled all his obligations towards the Catering Establishment, the Catering Establishment entitled to take possession of all goods that the customer has brought into the Catering Establishment and until the customer has fulfilled all his obligations towards the Catering Establishment to the satisfaction of the Catering Establishment. In addition to a right of retention, the Catering Establishment is also entitled to a right of pledge on the goods concerned.
14.6 If payment other than cash has been agreed, all invoices, for whatever amount, must be customer must be paid to the Catering Establishment within fourteen days of the invoice date. If an invoice is sent, the Catering Establishment is at all times authorized to charge a credit restriction surcharge of 2% of the invoice amount, which lapses if the customer pays the invoice within fourteen days.
14.7 If and insofar as timely payment is not made, the customer is in default without any notice of default being required will be required. Only if the customer is a natural person (consumer), the Catering Establishment will adjust failure to pay, a one-off notice of default with a term of at least 14 days to still to pay.
14.8 If the customer is in default, he must reimburse the Catering Establishment for all costs incurred in the collection. The extrajudicial collection costs are charged according to the law.
14.9 If the Catering Establishment has goods as referred to in Article 14.5 in its possession and the customer from whom the Catering Establishment has received the goods is in default for a period of three months, the Catering Establishment is entitled to sell these goods publicly or privately and rely on the proceeds to tell about it. The costs associated with the sale are also borne by the customer and the catering business can also for this on the proceeds of the sale. What remains after the story of the catering company, is paid to the customer.
14.10 Every payment, regardless of any note placed or made by the customer with that payment note, are deemed to be deducted from the customer’s debt to the Catering Establishment in the following order:
14.11 Payment is made in Euros. If the Catering Establishment accepts foreign payment methods, the market price prevailing at the time of payment. The Catering Establishment may, by way of administration costs charge an amount that corresponds to a maximum of 10% of the amount in foreign currency offered. The Catering Establishment can achieve this by increasing the prevailing market price by a maximum of 10% to adjust.
14.12 The Catering Establishment is never obliged to accept payment methods other than cash and may accept conditions for such other payment methods.
Article 15 Force majeure
15.1 As force majeure for the Catering Establishment, which means that any shortcoming caused thereby cannot be attributed to the Catering Establishment, every foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes the performance of the Catering Agreement by the Catering Establishment so difficult that the performance of the Catering Agreement becomes impossible or difficult.
15.2 If one of the parties to a Catering Agreement is unable to fulfill any obligation under that Catering Agreement, it is obliged to inform the other party of this as soon as possible.
Article 16 Lost and Found
16.1 Objects lost or left behind in the building and appurtenances of the Catering Establishment, which the guest are found, they must be returned to the Catering Establishment as soon as possible.
16.2 The Catering Establishment acquires ownership of objects of which the entitled party has not reported to the Catering Establishment within one year of their return.
16.3 If the Catering Establishment sends objects left behind by the Guest, this will be done entirely before account and risk of the guest. The Catering Establishment is never obliged to send.
Article 17 Cork and kitchen fees
17.1 The Catering Establishment may prohibit the Guest from consuming food and/or drinks brought in by the Catering Establishment, including the terrace. If the Catering Establishment allows the consumption of food and/or or permits drinking, the Catering Establishment may attach conditions to its permitting, including charging cork and/or kitchen fees.
17.2 The amounts referred to in Articles 17.1 are agreed in advance or, in the absence of a prior agreement, reasonably determined by the Catering Establishment.
Article 18 Applicable law and disputes
18.1 Catering agreements are exclusively governed by Dutch law.
18.2 In the event of disputes between the Catering Establishment and a customer (other than a natural person who does not act in the exercise of a profession or business) the competent court in the place of residence of the Catering Establishment, unless another court has jurisdiction pursuant to a mandatory statutory provision and without prejudice to the authority of the Catering Establishment to have the dispute settled by the court which, in the absence of this would be competent.
18.3 All claims of the customer become time-barred after one year from the moment they arose.
18.4 The invalidity of one or more of the stipulations in these general terms and conditions does not affect the validity of all other stipulations unaffected. If a clause in these general terms and conditions turns out to be invalid for any reason, then parties are deemed to have agreed on a valid replacement clause that the invalid clause in scope and scope as closely as possible.