Article 1 Definitions
The Uniform Conditions for the Hotel and Catering Industry (UVH) are the conditions on which catering establishments established in the Netherlands, such as hotels, restaurants, cafés and related companies (including catering companies, party service companies, etc.), provide catering services and enter into catering agreements. The UVH are registered with the Chamber of Commerce in Woerden and registered there under number 40482082. The following words in the UVH, and in the offers and agreements to which the UVH apply, always mean the following:
1.1 Catering Establishment The natural or legal person or company that makes its business of providing catering services. 1.2 Host The person who represents a Catering Establishment when concluding and implementing Catering Agreements. 1.3 Providing Catering Service (s) Providing accommodation and / or food and / or drinks and / or making available (room) space and / or grounds by a Catering Establishment, all with all associated activities and services, and everything in the broadest sense of the word . 1.4 Customer The natural or legal person or company that has entered into a catering agreement with a Catering Establishment. 1.5 Guest
The natural person (s) to whom one or more Catering Service (s) must be provided pursuant to a Catering Agreement concluded with the Customer. Wherever the guest or customer is referred to in the UVH, both guest and customer are meant, unless the content of the provision and its scope necessarily mean that only one of them can be intended. 1.6 Catering agreement An agreement between a Catering Establishment and a Customer in respect of one or more Catering Services to be provided by the Catering Establishment at a price to be paid by the Customer. The term reservation is sometimes used instead of the term catering agreement. 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. with regard to a Catering Agreement concluded with a customer, which expectation is based on the averages applicable within that Catering Establishment. 1.8 Royal Catering Netherlands The Royal Association of Entrepreneurs in the Horeca and Related Business “Horeca Nederland” or any legal successor thereof. 1.9 No show Non-cancellation by a guest of a Catering Service to be provided on the basis of a Catering Agreement. 1.10 Group A group of 10 or more guests who must be provided by a Catering Establishment with Catering Services under one or more Catering Agreements that are to be regarded as coherent. 1.11 Individual Any person, who falls under 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 consuming drinks and / or food not provided by the Catering Establishment in the premises of a Catering Establishment. 1.13 Cancellation The notification made in writing by the customer to the Catering Establishment that one or more agreed Catering Services will not be used, wholly or in part, or the written notification by the Catering Establishment to the Customer that one or more agreed Catering Services in full or will not be provided in part. 1.14 Turnover guarantee A written statement from the customer that at least one specific amount of turnover will be realized by the Catering Establishment with regard to one or more Catering Agreements.
Article 2 Applicability
2.1 With the exclusion of all other general terms and conditions, the UVH apply to the establishment and content of all catering agreements, as well as to all offers relating to the establishment of these catering agreements. In addition, if other general terms and conditions apply, the UVH prevail in the event of a conflict. 2.2 Deviating from the UVH is only possible in writing and from case to case. 2.3 The UVH also serve all natural and legal persons that the Catering Establishment uses or has used 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 any time refuse the conclusion of a Catering Agreement for any reason whatsoever, unless such a refusal occurs solely on one or more grounds that have been qualified as discrimination in Article 429c of the Criminal Code. 3.2 All offers made by a Catering Establishment with regard to the establishment of a Catering Agreement are without obligation and subject to the reservation "while supplies last (or capacity)." If the Catering Establishment invokes the aforementioned reservation within a reasonable period of time after acceptance by the Customer, the intended Catering Agreement is deemed not to have been concluded. 3.3 A Catering Agreement for (a) guest (s) entered into by intermediaries (agents, travel agencies, Online Travel Agents and other Catering Establishments, etc.), whether or not in the name of their relationship (s), are deemed to be partly at the expense and risk of these intermediaries. to be closed. The Catering Establishment does not owe any commission or commission, whatever its name, to intermediaries, unless expressly agreed otherwise in writing. The guest (s) and the intermediary (s) are jointly and severally liable for the payment of the amount due.
Article 4 Option right
4.1 An option right is the right of a customer to unilaterally establish the Catering Agreement by the 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 specific or indefinite period. The option right expires if the option holder has indicated that he does not want to make use of the option right or if the specified duration has expired without the option holder having indicated that he wants to make use of 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 all or part of the optionally available Catering Services. In such a case, the option holder must be informed of this offer by the Catering Establishment, after which the Option Holder must indicate whether or not he wishes to make use of the option right within a period to be specified by the Catering Establishment. If the option holder does not indicate within the specified period that he wishes to make use of the option right, the option right expires.
Article 5 General rights and obligations of the Catering Establishment
5.1 The Catering Establishment is, without prejudice to the provisions of the following articles, obliged by virtue of the Catering Agreement to provide the agreed Catering Services at the agreed times in the manner customary in that Catering Establishment. 5.2 The Catering Establishment is entitled to terminate the provision of Catering Services to a Guest at any time without notice if the Guest violates the house and / or rules of conduct, or otherwise behaves in such a way that order and peace in the Catering Establishment and / or the normal exploitation thereof. The guest must then leave the Catering Establishment upon first request. If the customer in another way does not fully comply with all his obligations that he has towards the Catering Establishment for whatever reason, then 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 give sufficient reason to do so in the reasonable judgment of the Catering Establishment. 5.3 The Catering Establishment is entitled, after consultation with the competent authority on site, to dissolve the Catering Agreement extrajudicially due to a well-founded fear of disturbance of public order. If the Catering Establishment makes use of this authority, the Catering Establishment will not be obliged to pay any compensation to the Customer. 5.4 The Catering Establishment is not obliged to receive and / or store 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 of the Guest, which the Catering Establishment refused to accept and / or store. 5.5 If the Catering Establishment charges any amount to the Guest for receiving and / or keeping goods in custody, the Catering Establishment must pay attention to those goods as a good family man, without prejudice to the provisions of Article 12. 5.6 The Catering Establishment is not obliged to admit any pet belonging to the guest and may attach conditions to the admission. The legal regulations apply to the admission of assistance dogs, including the exceptions specified therein.
Article 6 General obligations of the guest
6.1 The guest is obliged to abide by the house and conduct rules applicable in the Catering Establishment and to follow the reasonable instructions of the Catering Establishment. The Catering Establishment must disclose the house and conduct rules in a clearly observable place or provide them in writing. Reasonable instructions may be given orally. 6.2 The guest is obliged to cooperate with reasonable requests from the Catering Establishment within the framework of his legal obligations regarding safety, identification, food safety / hygiene and limiting nuisance.
Article 7 Reservation
7.1 If the guest has not arrived within half an hour after the reserved time, the Catering Establishment may consider the reservation canceled, without prejudice to the provisions of Article 9. 7.2 The Catering Establishment may attach conditions to the reservation.
Article 8 Catering service, bestowed by the preparation of the Unterkünften and / or the preparation of (Raum) Räumen and / or Grundstücken
8.1 In the event that the catering can be carried out in the form of catering, it must be served in accordance with the requirements of the contract and the service for which it must be checked. 8.2 In any case, nicht anders vereinbart, who seeks Catering-Einrichtung, who reserves Reservierung für die Unterkunft as a guest, wenn der Gast sich am ersten reservierten Tag nicht um 18.00 Uhr bei ihm reported with hat oder wenn der Gast nicht eitititit mitgeteilt hat, dass erass erass ert zu einem späteren Zeitpunkt anreisen würde. und das Catering-Unternehmen with keine Einwände erhoben. The Vorstehende screams unbeschadet des Artikels 9. 8.3 The Catering-Einrichtung is brought before the other gleichwertige Unterkunft in Bezug auf die Unterkunft or (Raum-) Fläche und / oder das Gelände zu desire, that the Catering-Vertrag zur Verfügung were established. Der Gast can choose Alternative. In letzterem Fall hat of the law, the packaging, on the basis of the previous wording of the law, unbeschadet seiner Verpflichtungen aus others Verpflegungsverträgen unverzüglich zu kündigen.
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. If a customer does not arrive within half an hour after the agreed time, the customer is deemed to have canceled and he owes the cancellation costs. If the customer still arrives after half an hour (or later) after the agreed time, the Catering Establishment can invoke these cancellation costs or still implement the Catering Agreement and demand full compliance of the Customer with regard to the Catering Agreement. 9.1.2 The Catering Establishment can at the latest one month before the first Catering Service has to be provided on the basis of the relevant Catering Agreement to the Customer that they will consider certain individuals together as a group. All the provisions for groups 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 following provisions apply pro rata to the canceled Catering Services. 9.2 Cancellation of a Catering Service consisting of the provision of accommodation 9.2.1 Individuals If a reservation for accommodation only, with or without breakfast, is made for one or more individuals, the following percentages of the reservation value that must be paid by the customer to the Catering Establishment apply for cancellation of that reservation (unless otherwise agreed in writing):
On cancellation: 9.5 Cancellation by the Catering Establishment
The guest pays 100% within 14 days before arrival.
9.5.1 The Catering Establishment is authorized to cancel a Catering Agreement subject to the following, unless agreed otherwise. 9.5.2 If the Catering Establishment cancels a Catering Service for the provision of food and drink, Articles 9.1.1 and 9.3.1 apply mutatis mutandis, with the exchange of customer and Catering Establishment. 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 apply mutatis mutandis, with the exchange of customer and Catering Establishment. 9.5.4 The Catering Establishment is at all times authorized to cancel a Catering Agreement without being obliged to pay the aforementioned amounts, if there are sufficient indications that the meeting to be held in the Catering Establishment on the basis of that Catering Agreement has such a different character than it could be expected on the basis of announcement by the customer or on the basis of the capacity of the customer or guests that the Catering Establishment would not have concluded the agreement if it had been aware of the actual nature of the meeting. If the Catering Establishment makes use of this authority after the relevant meeting has commenced, the Customer is obliged to pay the Catering Services enjoyed up to that time, but his payment obligation for the rest expires. The reimbursement for catering services received is calculated in proportion to time proportionality. 9.5.5 The Catering Establishment is entitled, instead of exercising its authority as referred to in Article 9.5.4, to lay down further requirements with regard to the course of the relevant meeting. If there are sufficient indications that these requirements are not or will not be complied with, the Catering Establishment is still entitled to exercise the authority referred to in Article 9.5.4. 9.5.6 If and insofar as the Catering Establishment also acts as a tour operator within the meaning of the Act, the following applies to travel contracts within the meaning of the Act. The Catering Establishment may change the travel agreement on a material point due to serious circumstances immediately communicated to the traveler. The Catering Establishment may also change the travel agreement other than on a substantial point due to serious circumstances immediately communicated to the traveler. It is allowed up to twenty days before the start of the trip
Catering Establishment to 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 rejects a change as referred to above, 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, serve exclusively as security for the Catering Establishment and explicitly do not count as realized turnover. To provide greater security to the Catering Establishment, the Catering Establishment may require the Customer to cooperate in providing the required information, including making a print or copy of the Customer's credit card, in order to secure the deposit and the option to recover it. secure as much as possible. 10.2 The Catering Establishment can always demand interim payment of Catering Services already provided. 10.3 The Catering Establishment may recover the amount deposited pursuant to the foregoing provisions with regard to all that the customer owes him for whatever reason. The surplus must be immediately repaid to the customer by the Catering Establishment.
Article 11 Turnover guarantee
If a turnover guarantee has been issued, the customer is obliged to pay at least the amount specified in the turnover guarantee to the Catering Establishment with regard to the relevant Catering Agreement (s).
Article 12 Liability of the Catering Establishment
12.1 The Catering Establishment is liable vis-à-vis the Guest for damage resulting from a shortcoming by the Catering Establishment in the performance of the agreement, unless that shortcoming cannot be attributed to the Catering Establishment or to persons whose assistance the Catering Establishment carries out uses 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 to 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 here do not apply insofar as the damage or loss is due to intent or gross negligence 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 directly or indirectly to those to whom or whatever arises as a direct or indirect consequence of any defect or condition or circumstance in, on or on any movable or immovable property of which the Catering Establishment is a holder, leaseholder, tenant or owner or which is otherwise available to the Catering Establishment condition, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the Catering Establishment. 12.5 The liability of the Catering Establishment is limited to the amount that can reasonably be insured. 12.6 If damage occurs to the goods deposited for which a fee as referred to in Article 5.5 is charged, the Catering Establishment is obliged to compensate the damage to these goods as a result of damage or loss. Compensation for damages is not due with regard to other goods present in the goods issued. 12.7 If the Catering Establishment receives goods or if goods are deposited, stored and / or left behind by anyone in any way whatsoever, without the Catering Establishment being required to do so
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 that is and / or will arise for the Catering Establishment and / or any third party as a direct or indirect consequence of an attributable shortcoming and / or unlawful act, including violation of the house rules are understood, committed by the customer and / or the guest and / or those who accompany him, as well as for all damage caused by any animal and / or property which they hold or are under their supervision.
Article 14 Settlement and payment
14.1 The customer owes the price agreed in the Catering Agreement. The prices are stated on lists that have been placed by the Catering Establishment in a place visible to the Guest or are included in a list that is handed to the Customer, if necessary at his request, or that is accessible to the Customer via digital sources. A list is deemed to have been made visible to the customer if it is visible in the normally accessible areas of the Catering Establishment. 14.2 The Catering Establishment may charge an additional fee for special services, such as the use of a cloakroom, garage, safe, laundry or dry cleaning, telephone, internet, wifi, room service, rent and the like. 14.3 All invoices, including cancellation or no-show invoices, are due by the customer at the time they are presented to him. The customer must arrange for cash payment or payment by bank or giro, unless otherwise agreed. 14.4 The guest and the customer are jointly and severally liable for all amounts that one or both of them owes to the Catering Establishment for whatever reason. Catering agreements are deemed to be concluded on behalf of each guest, unless otherwise stipulated. 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 complied with all his obligations towards the Catering Establishment, the Catering Establishment is entitled to take possession of all goods brought by the Customer into the Catering Establishment, until the Customer is satisfied to the satisfaction of the Catering Establishment. obligations towards the Catering Establishment. In addition to a right of retention, the Catering Establishment also has a right of pledge on the relevant goods. 14.6 If payment other than cash has been agreed, all invoices, for whatever amount, must be paid by the customer to the Catering Establishment within fourteen days of the invoice date. If an invoice is sent, it.
Catering Establishment is authorized at all times to charge a credit limitation surcharge of 2% of the invoice amount, which is canceled if the customer pays the invoice within fourteen days. 14.7 If and in so far as timely payment is not made, the customer is in default without any notice of default being required. Only if the customer is a natural person (consumer) does the Catering Establishment send a notice of default with a period of at least 14 days to still pay if payment is not made. 14.8 If the customer is in default, he must compensate the Catering Establishment for all costs that fall on 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 and the customer from whom the Catering Establishment has received the goods is in default for three months, the Catering Establishment is entitled to sell these goods publicly or privately and to rely on the proceeds. to tell about it. The costs associated with the sale are also borne by the customer and the Catering Establishment can also recover the proceeds from the sale. What remains after the story of the Catering Establishment is paid to the customer. 14.10 Every payment, irrespective of any note or remark made by the customer with that payment, will be deemed to be deducted from the customer's debt to the Catering Establishment in the following order:
The costs of execution The judicial and extrajudicial collection costs The interest The damage The principal sum
14.11 Payment is made in Euros. If the Catering Establishment accepts foreign payment methods, the market rate applicable at the time of payment applies. The Catering Establishment can charge an amount in administration costs that corresponds to a maximum of 10% of the amount offered in a foreign currency. The Catering Establishment can achieve this by adjusting the prevailing market rate by a maximum of 10%.
14.12 The Catering Establishment is never obliged to accept payment methods other than cash and may attach conditions to the acceptance of such other payment methods.
Article 15 Force majeure
15.1 Force majeure for the Catering Establishment, which means that any shortcoming caused as a result, cannot be attributed to the Catering Establishment, any anticipated or unforeseen, foreseeable or unforeseeable circumstance that makes it difficult for the Catering Establishment to execute the Catering Establishment becomes objectionable. 15.2 If one of the parties to a Catering Agreement is unable to meet any obligation under that Catering Agreement, he is obliged to inform the other Party thereof as soon as possible.
Article 16 Lost property
16.1 Objects lost or left behind in the building and facilities of the Catering Establishment that are found by the Guest must be returned to the Catering Establishment as soon as possible. 16.2 The Catering Establishment acquires ownership of objects for which the person entitled has not reported to the Catering Establishment within one year after the surrender thereof. 16.3 If the Catering Establishment sends objects left by the Guest to them, this will be entirely at the Guest's expense and risk. 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 beverages brought in by the Catering Establishment, including the terrace. If the Catering Establishment permits the consumption of food and / or drinks that you have brought yourself, the Catering Establishment may attach conditions to this, including the charging of Corks 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 Dutch law applies exclusively to catering agreements. 18.2 In the event of disputes between the Catering Establishment and a Customer (not being a natural person who is not acting in the exercise of a profession or business), the competent court in the domicile of the Catering Establishment is exclusively competent, unless another mandatory court stipulates another court is competent and without prejudice to the competence of the Catering Establishment to have the dispute settled by the judge who would have jurisdiction in the absence of this clause. 18.3 All claims of the customer expire one year after the moment on which they arise. 18.4 The invalidity of one or more of the clauses in these terms and conditions does not affect the validity of all other clauses. If a clause in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed on a valid replacement clause that approximates the invalid clause as far as possible in scope and scope.