Article 1 Definitions
In the Uniform Conditions for the Hotel and Catering Industry (UVH), and in the offers and agreements to which the UVH applies, the following words shall in each case mean the following:
1.1 Catering company
The natural or legal person who makes it his business to provide catering services.
1.2 Provision of catering service(s)
The provision by a catering establishment of accommodation and/or food and/or drink and/or the provision of (hall) space and/or premises, all with all related activities and services, and all in the broadest sense.
1.3 Customer
The natural or legal person who has concluded or shows an intention to conclude a catering agreement with a catering establishment. A distinction can be made between private and business customers. A private Customer is a Customer who is not acting in the name of a profession or business. A business customer is a customer acting on behalf of a profession or company.
1.4 Guest
The natural person(s) to whom one or more Catering Services must be provided on the basis of a Catering Agreement concluded with the Customer. Where the UVH mentions Guest or Customer, both Guest and Customer are meant, unless it necessarily follows from the content of the provision and its purport that only one of the two can be meant.
1.5 Catering agreement/reservation
An agreement between a Catering Establishment and a Customer regarding 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 also used instead of the term Catering Agreement.
1.6 Reservation value
The value of the hospitality agreement, which is equal to the total turnover expectation (turnover for the hospitality company resulting from what is delivered under the hospitality agreement) of
the Catering Establishment including any tourist tax and VAT relating to a Catering Agreement concluded with a Customer. This turnover estimate is based on the quotation and any subsequent written price agreements and/or, if these are not conclusive in this respect or if there is no quotation and subsequent price agreements, the averages applicable within that Catering Establishment.
1.7 No-show
Failure by a Customer, without cancellation, to use a Catering Service to be provided under a Catering Agreement.
1.8 Group
A group of 10 or more guests to whom Catering Services are to be provided by a Catering Establishment under one or more Catering Agreements to be considered connected.
1.9 Individual
Any person, falling under guest or customer, who does not belong to a group according to the above definition.
1.10 Cork Money
The amount due for consuming drink and/or food not provided by a catering establishment on its premises. Corkage money also refers to and includes: dish money and/or kitchen money.
1.11 Cancellation
The written notice 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 by the Catering Establishment to the Customer that one or more agreed Catering Services will not be provided in whole or in part. In this context written also means by e-mail or digital contact form, provided that the sender is sure that the Catering Establishment has received the message.
1.12 Written
In any case, written shall also always mean digital.
1.13 Turnover guarantee
A written declaration by the Customer that in respect of one or more Catering Agreements at least a certain amount of turnover will be realised by the Catering Establishment.
1.14 Effective date
The moment when in accordance with the Catering Agreement the provision of Catering Services commences. Which does not establish that the Catering Establishment does not have to carry out work and/or incur costs in connection with the Catering Agreement prior to the commencement date.
Article 2 Applicability
2.1 The UVH shall apply to the exclusion of all other general terms and conditions to the formation and content of all Catering Agreements, as well as to all offers relating to the formation of these Catering Agreements. If other general terms and conditions should nevertheless apply, the UVH shall prevail in case of conflict.
2.2 Deviations from the UVH are only possible in writing per Catering Agreement. No rights can be derived from amendments for subsequent agreements with the Catering Establishment.
2.3 The UVH are also valid for all natural and legal persons which the Catering Establishment uses or has used in concluding and/or carrying out a Catering Agreement or another agreement or in operating the Catering Establishment.
2.4 If a Customer/Guest uses the services of the Catering Establishment, she thereby accepts that the UVH prevails over the (general) terms and conditions declared applicable by any intermediary - including an (online) sales platform.
Clause 3 Realisation of Catering Agreements
3.1 A Catering Establishment may at all times refuse to enter into a Catering Agreement for any reason, unless such refusal takes place exclusively on one or more grounds classified as discrimination in Article 137c of the Penal Code.
3.2 All offers made by a Catering Establishment in connection with the formation of a Catering Agreement are without obligation. The offers are always made subject to availability. If the Catering Establishment invokes the said reservation within a reasonable period after acceptance by the Customer, then the intended Catering Agreement shall be considered not to have been made.
3.3 A Catering Agreement for (a) Customer/Guest(s) entered into by intermediaries (including shipbrokers, (online) travel agencies or agents, platforms and other Catering Establishments), whether or not in the name of their relation(s), shall be considered to be concluded partly for the account and risk of these intermediaries. The Catering Establishment owes no commission/fee to intermediaries, unless expressly agreed otherwise in writing. The Customer/Guest(s) and the intermediary(s) are severally liable for the payment of the amount owed.
3.4 If the Customer does not fully fulfil all his obligations to the Catering Establishment arising from the Catering Agreement, the Catering Establishment is entitled to suspend the provision of the service without any need to pay compensation.
3.5 If one of the parties to a Catering Agreement is unable to fulfil any obligation under that Catering Agreement, it is obliged to inform the other party as soon as possible.
Article 4 Option right
4.1 An option right is the right of a Customer to conclude the Catering Agreement within an agreed period by accepting a valid offer from the Catering Establishment. An option right can only be granted and exercised in writing. The right of option lapses if the Customer has stated that he does not wish to take up the offer or if the agreed period has lapsed without the Customer having stated that he wishes to take up the right of option.
4.2 An option right can be revoked by the Catering Establishment if another Customer makes the Catering Establishment an offer to conclude a Catering Agreement for (a part of) the optioned Catering Services. In that case the Customer to whom the Catering Establishment has made an offer with right of option must be informed about the offer of the other Customer, after which the first-mentioned Customer must state, within a period set by the Catering Establishment, whether he makes use of the offer under right of option. If no use is made of this or no response is received, this offer and the right of first refusal shall lapse.
Clause 5 Rights and obligations of the Catering Establishment
5.1 The Catering Establishment may declare further house or conduct rules applicable in addition to these UVH by clearly communicating this to the Customer/Guest.
5.2 The Catering Establishment may at any time and with immediate effect terminate Catering Services to or the provision of access to an establishment of a Guest, if the Guest violates the UVH, house and/or conduct rules,
or otherwise behaves in such a way that the order and peace and quiet in the Catering Establishment and/or its normal operation are disturbed. The Guest must then leave the Catering Establishment at the first request. In that case there is no obligation to pay any compensation to the Customer/Guest.
5.3 The Catering Establishment is entitled, after consultation with the competent authority locally, to cancel the Catering Agreement extrajudicially on account of a well-founded fear of a disturbance of public order. In that case there is no obligation to compensate the Customer/Guest.
5.4 The Catering Establishment is not obliged to accept and/or take into safe keeping any property of the Guest. If it does accept Goods and no payment is made for them, this shall take place at the risk of the Guest. If the Catering Establishment makes any charge to the Guest for accepting Goods and/or taking Goods into safe keeping, the Catering Establishment shall look after those Goods with all due care, without prejudice to the other stipulations in these UVH.
5.5 The Catering Establishment is not obliged to admit any pet of a Customer/Guest and may attach conditions to the admission. The admission of assistance dogs shall be subject to the statutory regulation(s), including the exceptions indicated therein.
5.6 The Catering Establishment may inform the Customer, no later than one month before the first Catering Service is to be provided on the basis of the applicable Catering Agreement(s), that several Guests will be considered as a group. In that case, the stipulations for groups apply to those Guests.
Article 6 Rights and obligations of the customer
6.1 The Customer is obliged to observe the house and conduct rules in force in the Catering Establishment and to follow the reasonable instructions of the Catering Establishment. Reasonable instructions may also be given verbally.
6.2 The Customer is obliged to co-operate with reasonable requests from the Catering Establishment within the framework of its legal duties concerning, among other things, safety, identification, food safety/hygiene and limitation of nuisance.
6.3
The Catering Establishment is entitled to require the Customer to settle for a
other accommodation/location than would be provided according to the Catering Agreement, provided that that accommodation/location is equivalent in the opinion of the Catering Establishment or agreement is reached between the Catering Establishment and the Customer. In that case the Customer shall not receive any compensation. If any extra costs are charged to the Customer, the Customer has the option of refusing the alternative and terminating that part of the Catering Agreement to which the change applies with immediate effect.
Article 7 Reservations - table reservation
7.1 If the Catering Establishment offers that possibility, the Customer can make a reservation, for example for lunch or dinner. In that case, a date, time and number of guests are agreed for the reservation.
7.2 The Catering Establishment may attach conditions to the reservation such as payment of an amount as a deposit, a down payment or reconfirmation.
7.3 If the Customer has not arrived with the number of guests agreed within half an hour of the reserved time, the Catering Establishment may regard the reservation as cancelled, without prejudice to the other stipulations in these UVH. The Catering Establishment may attach consequences to this if clearly stated in advance, such as withholding the deposit or down payment. Unless this is not permitted by law or legal regulations.
Article 8 Booking - accommodation
8.1 If a reservation is made for accommodation, the Catering Establishment shall communicate, prior to or at the latest when the reservation is made, when the accommodation will be made available to the Guest and before which time the Guest should leave the accommodation.
8.2 Unless otherwise agreed, the Catering Establishment is entitled to regard the reservation for accommodation as cancelled if the Guest has not reported to the Catering Establishment by 18.00 hours on the first day of the reservation, or the Guest has not given notice of his intention to arrive at a later time without the Catering Establishment having objected. The foregoing applies without prejudice to the further stipulations in this UVH.
Article 9 Consumption and corkage
9.1 Every Guest who participates in an event, makes a reservation, takes a seat at a table in a Catering Establishment or otherwise enters into an agreement with the Catering Establishment is in principle obliged to purchase a consumption/catering service.
9.2 The Catering Establishment may forbid the Customer/Guest to consume in the Catering Establishment - including the terrace - food and/or drink which they have brought along themselves or which is supplied by a meal delivery service. If the Catering Establishment allows the consumption of food and/or drink brought in by the Customer/Guest or supplied by a meal delivery service, the Catering Establishment may attach conditions to such permission, including the charging of a corkage fee fixed in advance, or the method of delivery of food and/or drink by a meal delivery service.
Article 10 deposit and found property
10.1 The Catering Establishment is not responsible for taking custody of Goods left behind or found. After informing the Customer that Goods have been left behind, the Customer must collect the Goods within 14 days. The Catering Establishment is not obliged to send back these Goods. If it does so on request, this shall take place at the risk and expense of the Customer/Guest. If the Goods are not collected or sent back after 14 days, they may be disposed of by the Catering Establishment at the expense of the Customer/Guest. Lost property whose owner is not known is subject to legal regulations.
10.2 Objects lost or left behind in the Catering Establishment, which are found by the Guest, must be handed in to the Catering Establishment as soon as possible.
Article 11 Payment
11.1 The Customer has to pay the price agreed in the Catering Agreement. The prices shall as far as possible be specified on lists displayed by the Catering Establishment in a place visible to the Customer or handed over to the Customer, if necessary at the request of the Customer, or which are digitally accessible to the Customer. A list is considered to be displayed visibly for the Customer if it is visible in the normally accessible areas of the Catering Establishment.
11.2 For special services, such as the use of a cloakroom, garage, safe, laundry or dry cleaning, telephone, internet, Wi-Fi, room service, TV rental and the like, the Catering Establishment may charge an extra fee which will be announced by the Catering Establishment in advance.
11.3 If a Turnover Guarantee is given in the Catering Agreement, the Customer is in all cases obliged to pay at least the amount stated in the Turnover Guarantee to the Catering Establishment. However, in the event of (partial) cancellation of that Catering Agreement by a private Customer, it applies to that private Customer that if there is an agreement that qualifies as a commission contract, it cannot be bound by the turnover guarantee, but only the actual costs incurred and a reasonable wage will be reimbursed by the private Customer.
11.4 All invoices, including those relating to cancellation or no-show, are due by the customer at the time they are presented to him. The Customer must ensure immediate payment in cash or by bank or giro, unless otherwise agreed. The Catering Establishment can always demand interim payment for Catering Services already provided.
11.5 The prices stated in an offer or Catering Agreement are based on the cost factors applicable at the time the offer or Agreement was made. The Catering Establishment reserves the right to
to, if after the date on which the agreement was concluded but before the day of delivery, increases in one or more cost factors occur, charge these increases to the customer. In that case this shall be reported to the Customer in writing. The Catering Establishment is also entitled to apply an annual inflation adjustment in January each year, which will also be notified in writing to the Customer/Guest. This inflation adjustment is calculated on the basis of the latest consumer price index figure (CPI) established by Statistics Netherlands (CBS).
11.6 If it concerns a private Customer and the price increase in the previous paragraph of this clause is implemented within 3 months after the conclusion of the agreement concerning accommodation/rent, the Customer may cancel the agreement after the price increase. If the Customer wishes to cancel the agreement on this ground, this must be communicated in writing to the Catering Establishment within 7 days of receiving the new prices. In that case the Customer shall pay the costs incurred by the Catering Establishment at that time, the Customer shall not receive any compensation.
11.7 As long as the Customer has not entirely fulfilled all his obligations to the Catering Establishment, the Catering Establishment is entitled to suspend its performance under the Catering Agreement. The Catering Establishment can ask for security from the Customer/Guest to guarantee fulfilment of the obligations. In addition to a right of retention, the Catering Establishment shall on request have a right of pledge on Goods handed over by the Customer/Guest to the Catering Establishment in this context.
11.8 If payment other than in cash has been agreed, all invoices for any amount must be paid to the Catering Establishment by the Customer within 14 days of the invoice date. If an invoice is sent out, the Catering Establishment is at all times entitled to charge a credit limitation surcharge of 2% of the invoice amount, which is cancelled if the Customer pays the invoice within 14 days.
11.9 If payment is not made in good time, the Customer is in default without any notice of default being necessary. Only if the Customer is a private Customer shall the Catering Establishment, if payment is overdue, send a notice of default giving the Customer at least 14 days to pay.
11.10 If the Customer is in default he must reimburse the Catering Establishment for all collection costs. For private Customers the extrajudicial collection costs are calculated in accordance with the Collection Costs Act and for business Customers a percentage of 15% of the outstanding invoice amount with a minimum of € 50.
11.11 Every payment shall, regardless of any endorsement or comment made by the Customer at the time of payment, be considered as serving to reduce the Customer's debt to the Catering Establishment in the following order:
The cost of execution
Judicial and extrajudicial collection costs
Interest
The damage
The principal sum
11.12 Payment shall be made in Euros. If it is not clearly stated whether an amount in- or excluding
VAT, an amount including VAT applies to private customers and excluding VAT to business customers. If the Catering Establishment accepts foreign instruments of payment then the market rate in force at the time of payment shall apply. The Catering Establishment may charge an amount corresponding to a maximum of 10% of the amount offered in foreign currency by way of administration costs. The Catering Establishment can achieve this by adjusting the prevailing market exchange rate by up to 10%.
11.13 The Catering Establishment is never obliged to accept means of payment other than cash and may attach conditions to the acceptance of such other means of payment.
Article 12 Security deposit
12.1 If the Catering Establishment requests a deposit from a Customer, this shall be reported in good time before the signing of the Agreement and properly administered. A deposit only serves as security for the Catering Establishment and does not count as already realised turnover. As a further guarantee for the Catering Establishment, it can ask the Customer to cooperate in providing the necessary information to secure the guarantee deposit and the possibility of recovering it as far as possible, including making a copy of the Customer's credit card. In doing so, account shall be taken of privacy regulations.
12.2 If payment by the Customer is not made on time, the Catering Establishment may recover all sums owed by the Customer from the guarantee deposit. If agreed in advance, the Catering Establishment may also offset the amount owed by the Customer on the basis of the Catering Agreement directly against the guarantee deposit. The excess must be repaid to the Customer by the Catering Establishment immediately.
Article 13 Cancellation by business customers
13.1 General
13.1.1 The Business Customer is entitled to cancel a Catering Agreement on payment to the Catering Establishment of the Cancellation Fee specified in this Clause broken down by type of Catering Agreement, unless otherwise agreed in writing with the Customer. In this Clause, Customer always means; the business Customer.
13.1.2 By entering into the Catering Agreement, the Customer consents to deduct cancellation charges from any deposit or guarantee deposit.
13.1.3 If the Catering Agreement is partly cancelled, the provisions below apply pro rata to the cancelled part and the remaining part of the Catering Agreement remains in force.
13.1.4 In case of a cancellation of 1 or more persons belonging to a group, the cancellation fee for groups will be charged for those persons concerned.
13.1.5 Reducing the number of persons of a reservation shall be regarded as partial cancellation. Notwithstanding the provisions (13.2, 13.3 and 13.4), if the number of persons of a reservation is reduced within 14 days before the commencement date, the full agreed reservation value may always be charged in any case.
13.1.6 Changing the date of a reservation is considered a cancellation of the original catering agreement.
13.2 Hospitality agreement relating to accommodation
These provisions cover hospitality agreements whose main purpose is the provision of accommodation.
13.2.1 Individuals
When a reservation for accommodation, with or without breakfast, is made for one or more individuals, the cancellation charges for that reservation shall be the following percentage of the reservation value applicable to that reservation:
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