The Uniform Conditions for the Hotel and Catering Industry (UVH) are the terms and conditions on which hospitality businesses established in the Netherlands, such as hotels, restaurants, cafes and related businesses (including catering companies, party service companies, etc.), provide hospitality services and conclude hospitality agreements. The UVH have been filed with the District Court and the Chamber of Commerce and Industry in The Hague.

Source: Koninklijke Horeca Nederland >>

  • Smoking is not allowed in the hotel, if you as a guest do not abide by this rule we will charge for it. The fine is: €150.
  • Incidents that cause a fire alarm or damage on the premises with obvious negligence caused by the guest will be charged.
  • Please respect other guests in the hotel by not making disruptive noise/nuisance.
  • The guest is responsible for the room key until check-out. The lost key will be charged.
  • It was agreed that the specified credit card would be charged.

English version

For our terms and conditions in English, please check The Uniform Conditions for the Hotel and Catering Industry (UVH).

  • No smoking inside the building is allowed, the guest will be charged if the rule is not followed.
  • Incident that cause a fire alarm or damage in the property with obvious carelessness caused by guest, will be charged.
  • Please respect other hotel guests by not making disturbing noise.
  • The guest is responsible for the room key until check out. Lost key will be charged.
  • The specified credit card has been agreed to be charged.

Article 1 Definitions

In the 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 establishment
The natural or legal person or company that makes it its business to provide catering services and is a member of Koninklijk Horeca Nederland.
1.2 Host
The person who represents a hospitality company in entering into and executing hospitality agreements.
1.3 Provision of hospitality services.
The provision by a catering company 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.
1.4 Customer
The natural or legal person or company that has entered into a hospitality agreement with a hospitality company.
1.5 Guest
The natural person(s) to whom one or more catering service(s) is to be provided pursuant to a catering agreement entered into with the customer. Where the UVH speaks of 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.
1.6 Hospitality Agreement
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. Instead of the term hospitality agreement, the term reservation is sometimes used.
1.7 Hotel business
The hospitality business in which the provision of hospitality services consists primarily or exclusively of the provision of lodging.
1.8 Restaurant business
The catering business in which the provision of catering services consists primarily or exclusively of the provision of food and accompanying drink.
1.9 Café business
The hospitality business in which the provision of hospitality services consists primarily or exclusively of the provision of liquor.
1.10 Hall rental business
The hospitality business in which the provision of hospitality services consists primarily or exclusively of the provision of room space.
1.11 Reservation value (the value of the catering agreement)
The total expected turnover of the Catering Establishment including service charges, (tourist tax) and b.t.w. in respect of a Catering Agreement concluded with a Customer, which expectation is based on the averages applicable within that Catering Establishment.
1.12 Koninklijk Horeca Nederland
The Royal Association of Entrepreneurs in the Horeca and Related Business “Horeca Nederland” or any legal successor thereof.
1.13 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.
1.14 No-show
The non-use without cancellation by a guest of a catering service to be provided under a hospitality agreement.
1.15 Group
A group of 10 or more persons to whom one or more hospitality services are to be provided by a hospitality establishment pursuant to one or more hospitality agreements to be considered related.
1.16 Individual
Any person who does not belong to a group according to the above definition.
1.17 Goods
All goods, including monies, cash equivalents and monetary instruments.
1.18 Corkscrew money
The amount due in connection with the consumption on the premises of a Catering Establishment of beverages not provided by that Catering Establishment.
1.19 Kitchen fee
The amount due in connection with the consumption on the premises of a Catering Establishment of food not provided by that Catering Establishment.
1.20 Turnover guarantee 01.09.98
A written declaration by the Customer that, in respect of one or more catering agreements, at least a certain amount of turnover will be realized by the Catering Establishment. Article titles are for reference only. No rights can be derived from it.

Article 2 Applicability

2.1 The UVH 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, in addition, other general terms and conditions do apply, the UVH shall prevail in case of conflict.
2.2 Deviations from the UVH are possible only by writ and on a case-by-case basis.
2.3 The UVH also cover all natural persons and legal entities which the Catering Establishment uses or has used in concluding and/or carrying out a Catering Agreement or another agreement or in running the Catering Establishment.
2.4 Once the UVH has been validly declared applicable to a particular Catering Agreement, the latest version of the UVH shall be deemed applicable to all subsequent Catering Agreements between the same parties, unless otherwise agreed in writing.

Clause 3 Establishment of Catering Agreements

3.1 A Catering Establishment may at any time refuse to enter into a Catering Agreement for any reason whatsoever, except if such a refusal is made purely on one or more of the grounds listed in Article 429 quater of the Penal Code (discrimination).
3.2 All offers made by a Catering Establishment in connection with the formation of a Catering Agreement are without obligation and subject to “as long as stocks (or capacity) last”. If the Catering Establishment invokes the said reservation within a reasonable period to be determined according to the circumstances after acceptance by the Customer, then the intended Catering Agreement shall be considered not to have been made.
3.3 Where the Catering Establishment has granted an option right to the Customer (option holder), this right cannot be revoked, except if and insofar as another potential Customer makes the Catering Establishment an offer to conclude a Catering Agreement concerning all or part of the Catering Services outstanding at option. The option holder must then be informed of this offer by the Catering Establishment, after which the option holder must indicate whether or not he wishes to exercise the right of option. If the option holder does not indicate that he or she wishes to exercise the option right, the option right expires. An option right can only be granted in writing. 01.09.98
3.4 Catering Agreements for (a) Guest(s) entered into by intermediaries (shipbrokers, travel agencies, other catering companies, etc.), 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 or commission, by whatever name, to intermediaries, unless expressly agreed otherwise in writing. Full or partial payment of the amount due by the guest will release the intermediary to the same extent.

Clause 4 General obligations of the Catering Establishment

4.1 The obligations in this clause apply to every Catering Establishment. All obligations arising from the special nature of the catering business and the nature of the catering services to be provided are included in the following articles.
4.2 In the event that the special regulation referred to in Articles 5 et seq. differs from a general provision in Articles 4.3 to 4.7, the special regulation shall apply.
4.3 The Catering Establishment is, without prejudice to the stipulations in the following clauses, obliged under the terms of the Catering Agreement to provide the agreed Catering Services at the agreed times in the manner customary in that Catering Establishment.
4.4 The obligation in Article 4.3 does not apply:
a. in case of force majeure on the part of the Catering Establishment as referred to in Clause 15;
b. if the guest fails to appear or appears more than half an hour late;
c. if the customer fails to pay the deposit/interim payment referred to in Article 10 on time;
d. if the customer, despite a request to that effect, fails to issue a turnover guarantee in a timely manner;
e. if the Customer in any other way fails to fulfil all his obligations towards the Catering Establishment in whatever respect.
4.5 The Catering Establishment is not obliged to accept and/or take into safe keeping any property of the Guest.
4.6 If the Catering Establishment makes any charge to the Guest for receiving and/or keeping Goods in safe custody, the Catering Establishment shall look after those Goods with all due care, without prejudice to the stipulations in Clause 12.
4.7 The Catering Establishment is never obliged to admit any domestic animal of the Guest and may attach conditions to admission.

Article 5 Obligations of the hotel company

5.1 The Hotel Establishment is obliged to provide the Guest with accommodation of the standard customary within its hotel for the agreed period, subject to the stipulations of the third subclause.
5.2 The Hotel Establishment shall also be obliged to be able to provide the associated catering services customary in its hotel and to provide the facilities customary there.
5.3 The accommodation must be at the guest’s disposal from 3 p.m. on the day of arrival until 10 a.m. on the day of departure.
5.4 The Hotel Establishment shall hang or affix or deposit the house rules in a clearly visible place for the information of the Guest, or hand over the house rules in writing to the Guest. The guest is obliged to observe the house rules.
5.5 The Hotel Establishment is entitled to terminate the provision of Catering Services to a Guest at any time without notice if the Guest repeatedly violates the house rules, or otherwise behaves in such a way that the order and peace and quiet in the Catering Establishment and/or the normal operation thereof may be or is disturbed. The guest must then leave the hotel upon first request. The hotel company may exercise its present authority only if, in the reasonable judgment of the hotel company, the nature and seriousness of the violations committed by the guest provide sufficient cause.
5.6 Unless otherwise agreed, the Hotel Establishment is entitled to consider the reservation cancelled if the Guest has not checked in with it by 6 p.m. on the first day of the reservation, without prejudice to the provisions of Clause 9.
5.7 The Hotel Establishment is entitled to require the Guest to be satisfied with accommodation other than that which should be provided in accordance with the Catering Agreement, except if such a requirement is to be considered manifestly unreasonable and obviously too inconvenient for the Guest. In the latter case, the Guest/Customer has the right, with immediate effect, to terminate the Catering Agreement to which the aforementioned wish of the Catering Establishment relates, without prejudice to his obligations under other Catering Agreements. The Guest and/or Customer, if the Catering Establishment saves expenses by providing accommodation on the basis of the foregoing other than that which should be provided according to the Catering Agreement, is entitled to the amount of those savings. Otherwise, the Catering Establishment shall never be liable for any compensation.
5.8 The Hotel Establishment is never obliged to admit any pet of the Guest and may attach conditions to admission.

Article 6 Obligations of the restaurant company

6.1 The Restaurant Establishment is obliged to make the agreed facilities available to the Guest at the agreed time and to provide the agreed food and drink of a quantity, quality and in a manner customary in its restaurant.
6.2 If no food or beverages have been agreed upon in advance, the Restaurant Establishment shall on request provide such of the food and beverages as it is able to provide at that time, without prejudice to the other provisions in Clause 6.1.
6.3 The Restaurant Establishment is entitled to refrain from providing Catering Services or to cease providing Catering Services at any time if the Guest does not behave in a manner consistent with the standing and operation of its restaurant. Among other things, the restaurant company may impose requirements regarding the guest’s appearance. The guest must leave the restaurant upon first request.
6.4 If the Guest has not arrived within half an hour of the reserved time, the Restaurant Establishment may consider the reservation cancelled, without prejudice to the provisions of Clause 9.

Article 7 Obligations of the café company

7.1 The bar company is obliged to provide to the guest on request the drinks which it has in stock. In addition, the café business must be able to provide the catering services customary in its business.
7.2 The Bar Establishment is entitled to withhold or at any time cease providing Catering Services if the Guest does not behave in a manner consistent with the standing and operation of its bar. Among other things, the café company may impose requirements regarding the guest’s appearance. The guest must leave the café upon first request.

Clause 8 Obligations of the Catering Establishment concerning room hire

8.1 The Catering Establishment is entitled to make available a room other than that which should be provided in accordance with the Catering Agreement, except if this is to be considered manifestly unreasonable and too inconvenient for the Guest. In the latter case, the Guest/Customer has the right, with immediate effect, to terminate the Catering Agreement to which the aforementioned wish of the Catering Establishment relates, without prejudice to his obligations under other Catering Agreements. The Guest and/or Customer, if the Catering Establishment saves expenses by providing a different room on the basis of the foregoing than should be provided according to the Catering Agreement, is entitled to the amount of those savings. Otherwise, the Catering Establishment shall never be liable for any compensation. The Catering Establishment is further obliged to be able to provide guests with the catering services customary to it.
8.3 The Catering Establishment is entitled to refrain from providing Catering Services or to stop providing Catering Services at any time if the Guest does not behave in a manner befitting the standing and operation of its Catering Establishment. Among other things, the hospitality company may impose requirements regarding the guest’s appearance. The guest must leave the hospitality establishment upon first request.
8.4 The Catering Establishment, after consultation with the local competent authority, is entitled to cancel the Catering Agreement on the grounds of a well-founded fear of disturbance of public order. If the Catering Establishment exercises this authority, the Catering Establishment shall not be liable for any compensation.

Article 9 Cancellations

9.1 Cancellation by customers, general
9.1.1 The Customer is not authorized to cancel a Catering Agreement unless at the same time he irrevocably offers to pay the amounts specified below. Any cancellation shall be deemed to include such an offer. Such an offer shall be deemed accepted if the Catering Establishment does not immediately reject the offer. Cancellation must be in writing and dated. The customer cannot derive any rights from a verbal cancellation. The provisions of Article 9 apply without prejudice to the provisions of other articles.
9.1.2 The Catering Establishment may declare to the Customer no later than one month before the first Catering Service under the relevant Catering Agreement is to be provided, that it will consider certain individuals as a Group. Such persons shall then be subject to all provisions for groups.
9.1.3 The provisions of Articles 13.1 and 14.6 also apply to cancellations.
9.1.4 In case of no-show, the customer will in all cases be obliged to pay the reservation value.
9.1.5 If not all agreed Catering Services are cancelled, the following provisions apply pro rata to the cancelled Catering Services.
9.1.6 If one or more agreed Catering Services are cancelled in whole or in part, the periods in the following clauses shall be increased by 4 months if the Reservation Value of the cancelled Catering Service(s) exceeds the correspondingly calculated value of the other Catering Services that the Catering Establishment could have provided in the time frame in which the cancelled Catering Services should have been provided.
9.1.7 Amounts which the Catering Establishment has already owed to third parties for the purpose of the cancelled Catering Agreement at the time of Cancellation shall at all times be repaid in full to the Catering Establishment by the Customer, provided that the Catering Establishment has not acted unreasonably in assuming the obligations in question. The amounts in question shall be deducted from the reserve value referred to in the following provisions.

9.2 Cancellation of hotel accommodation/lodging
9.2.1 Groups.
When a reservation for hotel accommodation only, with or without breakfast, is made for a group the following applies to cancellation of that reservation.
a. In the event of cancellation more than 7 days before the time at which, pursuant to the
hospitality agreement the first hospitality service will have to be provided, to be further referred to as:
“the effective date,” the customer shall not be required to pay any compensation to the hotel company
pay.
b. In case of cancellation 7 days or less before the effective date, the customer is required to pay 50% of the reservation value to the hotel company.
c. In case of cancellation within 24 hours before the effective date, the customer is required to pay 100% of the reservation value to the hotel company.

9.2.2 Individuals
When a reservation for hotel accommodation only, with or without breakfast, is
made for one or more individuals the following applies to cancellation of that reservation
a. For cancellation more than 7 days prior to the effective date, the customer is not required to pay any
amount to be paid to the hotel company.
b. In case of cancellation less than 7 days before the effective date, the customer is required to pay 30% of the reservation value to the hotel company.
c. In case of cancellation 24 hours or less before the effective date, the customer is bound to pay 100% of the
reservation value to the hotel company.

9.3 Cancellation of restaurant/table reservation
9.3.1 Groups
When a restaurant-only reservation (table reservation) is made for a
group then the following applies to cancellation of that reservation:
1. if a menu is agreed upon:
a. in case of cancellation more than 14 days before the reserved time, no fee will be due;
b. in case of Cancellation 14 days or less but more than 7 days before the reserved time the Customer shall pay 25% of the Reservation Value;
c. in case of cancellation 7 days or less before the reserved time the customer will owe 50% of the reservation value.
d. in case of cancellation 3 days or less before the reserved time the customer will owe 75% of the reservation value.
2. if no menu has been agreed upon:
a. in case of cancellation more than twice 24 hours before the reserved time, no compensation will be due;
b. in case of Cancellation twice 24 hours or less before the reserved time the Customer shall owe 50% of the Reservation Value.
9.3.2 Individuals
When a restaurant-only reservation (table reservation) is made for one or more individuals then the following applies to cancellation of that reservation:
1. if a menu is agreed upon:
a. in case of cancellation more than four times 24 hours before the reserved time, no fee will be due;
b. in case of Cancellation four times 24 hours or less before the reserved time 50% of the Reservation Value will be due.
2. if no menu has been agreed upon:
a. in case of cancellation more than twice 24 hours before the reserved time, no compensation will be due;
b. in case of Cancellation twice 24 hours or less before the reserved time the Customer shall owe 50% of the Reservation Value.

9.4 Cancellation of other hospitality agreements.
9.4.1 For cancellation of all reservations not covered by Articles 9.2 and 9.3, the following will apply.
9.4.2 If a reservation is made for a group then the following applies to cancellation of that reservation.
a. In case of Cancellation more than 6 months before the time when under the terms of the relevant Catering Agreement the first Catering Service should be provided, the Customer is not obliged to pay any compensation to the Catering Establishment.
b. In case of Cancellation more than 3 months before said time, the Customer is obliged to pay 10% of the Reservation Value to the Catering Establishment.
c. In case of Cancellation more than 2 months before said time, the Customer is obliged to pay 15% of the Reservation Value to the Catering Establishment.
d. In case of Cancellation more than 1 month before said time, the Customer is obliged to pay 35% of the Reservation Value to the Catering Establishment.
e. In case of Cancellation more than 14 days before said time, the Customer is obliged to pay 60% of the Reservation Value to the Catering Establishment.
f. In case of Cancellation more than 7 days before intended time, the Customer is obliged to pay 85% of the Reservation Value to the Catering Establishment.
g. In case of Cancellation 7 days or less before intended time, the Customer is obliged to pay 100% of the Reservation Value to the Catering Establishment.
9.4.3 When a reservation is made for one or more individuals, the following applies to cancellation of that reservation.
a. In case of Cancellation more than 1 month before the time when under the terms of the relevant Catering Agreement the first Catering Service should be provided, the Customer is not obliged to pay any compensation to the Catering Establishment.
b. In case of Cancellation more than 14 days before said time, the Customer is obliged to pay 15% of the Reservation Value to the Catering Establishment.
c. In case of Cancellation more than 7 days before said time, the Customer is obliged to pay 35% of the Reservation Value to the Catering Establishment.
d. In case of Cancellation more than 3 days before said time, the Customer is obliged to pay 60% of the Reservation Value to the Catering Establishment.
e. In case of Cancellation more than 24 hours before intended time, the Customer is obliged to pay 85% of the Reservation Value to the Catering Establishment.
f. In case of Cancellation 24 hours or less before intended time, the Customer is obliged to pay100% of the Reservation Value to the Catering Establishment.

9.5 Cancellation by the Catering Establishment
9.5.1 The Catering Establishment is entitled, subject to the following, to cancel a Catering Agreement, unless the Customer has given written notice within seven days after the signing of the said Catering Agreement requiring the Catering Establishment to waive its powers to cancel, provided that the Customer has also unambiguously stated in the same notice that he is waiving his own powers to cancel.
9.5.2 If the Catering Establishment cancels a Catering Agreement to provide food and accompanying drink, Clauses 9.1.1 and 9.3.2 apply mutatis mutandis, with Customer and Catering Establishment being swapped.
9.5.3 If the Catering Establishment cancels a Catering Agreement other than that referred to in Clause 9.5.2, Clauses 9.1.1 and 9.2.2 shall apply mutatis mutandis, with Customer and Catering Establishment being interchanged.
9.5.4 The Catering Establishment is at all times entitled to cancel a Catering Agreement without being obliged to pay the aforementioned amounts, if there are sufficient indications that the gathering to be held in the Catering Establishment on the grounds of that Catering Agreement is of such a different character from what might have been expected on the grounds of the Customer’s statement or on the grounds of the capacity of the Customer or Guests, that the Catering Establishment would not have entered into the Agreement if it had been aware of the actual character
had been aware of the meeting. If the Catering Establishment exercises this right after the gathering in question has started, then the Customer is obliged to pay for the Catering Services provided up to that point in time, but the Customer’s obligation to pay for the rest lapses. Compensation for catering services rendered shall be calculated on a time-proportional basis where appropriate.01.09.98
9.5.5 The Catering Establishment is entitled, instead of exercising its authority referred to in Clause 9.5.4, to set further requirements regarding the conduct of the meeting in question. If there are sufficient indications that these requirements are not or will not be complied with, the Catering Establishment shall still be entitled to exercise its authority referred to in Clause 9.5.4.
9.5.6 If and insofar as the Catering Establishment also acts as a tour operator in the sense of the law, the following shall apply with regard to travel agreements in the sense of the law. The Catering Establishment may change the travel agreement in an essential point due to weighty circumstances communicated immediately to the traveler. The Catering Establishment may also change the travel agreement other than on an essential point due to weighty circumstances that are immediately communicated to the traveler. Up to twenty days before the start of the trip, the
hospitality company increase the cost of travel in connection with changes in transportation costs including fuel costs, taxes payable or applicable exchange rates. If the traveler rejects a change as referred to above, the hospitality company can cancel the travel agreement.

Article 10 Security deposit and interim payment

10.1 The Catering Establishment can at any time require the Customer to deposit or arrange to have deposited with the Catering Establishment a guarantee deposit amounting at most to the Reservation Value less any interim payments already made. Deposits received shall be properly administered, shall serve exclusively as security for the Catering Establishment and shall expressly not count as revenue already realized.
10.2 The Catering Establishment can in each case ask for an interim payment for Catering Services already provided.
10.3 The Catering Establishment may recover from the amount deposited in accordance with the previous clauses all that which is owed to it by the Customer on any account. The excess shall be refunded to the customer by the hospitality company without delay.

Article 11 Turnover Guarantee

11.1 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 in respect of the relevant Catering Agreement(s).

Clause 12 Liability of the Catering Establishment

12.1 The exclusion of liability in this clause does not apply insofar as the Catering Establishment has received compensation from an insurance company or another third party for the risk that has materialised.
12.2 Without prejudice to the provisions of Clause 4.6, the Hotel Establishment shall not be liable for damage or loss of property brought into the Hotel by a Guest who has taken up residence there. The customer indemnifies the hotel company against claims by guests in this regard. The provisions herein shall not apply to the extent that the damage or loss is due to intent or gross negligence of the hotel company.
12.3 Without prejudice to the conditions in Clauses 12.7 and 12.8, the Catering Establishment is never liable for any damage whatsoever suffered by the Customer, the Guest and/or third parties unless the damage is caused intentionally or the Catering Establishment is grossly at fault. This exclusion of liability also applies in particular to damage arising from the consumption of food prepared or served by the Catering Establishment and to damage arising from automation problems. If mandatory law permits only a lesser limitation of liability, that lesser limitation shall apply.
12.4 Under no circumstances is the Catering Establishment obliged to pay a higher amount in compensation than:
1. the reservation value or, if greater.
2a. The amount paid by the Catering Establishment’s insurer to the Catering Establishment in respect of the damage, or;
2b. the compensation obtained in respect of the loss from another third party.
12.5 The Catering Establishment is never liable for damage to or caused by vehicles of the Guest, except if and insofar as the damage is caused intentionally or the Catering Establishment is grossly at fault.
12.6 The Catering Establishment is never liable for damage caused directly or indirectly to anyone or anything as a direct or indirect result of any defect or any feature or circumstance on or in any moveable or immoveable property of which the Catering Establishment is the holder, leaseholder, lessee or owner or which is otherwise at the disposal of the Catering Establishment, except if and insofar as the damage is the direct result of the Catering Establishment’s wilful misconduct or gross negligence.
12.7 If the Guest incurs damage to the Goods given for safe keeping, for which a payment as referred to in Clause 4.6 is charged, the Catering Establishment is obliged to compensate the damage to these Goods resulting from damage or loss. Compensation shall never be due in respect of other goods present in the issued goods.
12.8 If the Catering Establishment accepts Goods or if Goods are deposited, kept and/or left anywhere by anyone in any way without the Catering Establishment stipulating any payment for them, then the Catering Establishment is never liable for damage to or in connection with those Goods in any way caused unless the Catering Establishment has deliberately caused this damage, or the damage is the result of gross negligence on the part of the Catering Establishment. 01.09.98
12.9 The Customer (not being a natural person who is not acting in the exercise of a profession or business) indemnifies the Catering Establishment in full against any claim, by whatever name, which the Guest and/or any third party may lodge against the Catering Establishment, if and insofar as this claim has any connection in the broadest sense with any (Catering) Service to be provided or which has been provided by the Catering Establishment under the terms of any agreement with the Customer or with the accommodation where such a (Catering) Service was provided or was to be provided.
12.10 The obligation to indemnify referred to in Clause 12.9 also applies if the Catering Agreement with the Customer and/or the Guest is cancelled in full or in part for any reason.

Article 13 Liability of the guest and/or customer

13.1 The Customer and the Guest and those accompanying them are jointly and severally liable for all damage that has occurred and/or will occur to the Catering Establishment and/or any third party as a direct or indirect result of non-performance (culpable failure to perform) and/or wrongful act, which includes violation of the house rules, committed by the Customer and/or the Guest and/or those accompanying them, as well as for all damage caused by any animal and/or any substance and/or any matter in their possession or under their supervision.

Article 14 Settlement and payment

14.1 The Customer has to pay the price fixed in the Catering Agreement or, insofar as the Catering Agreement was signed more than three months before the time when the Catering Services arising out of that Agreement have to be provided, the prices which apply at the time that the Catering Service(s) has/have to be provided, which also includes the prices stated on lists displayed by the Catering Establishment in a place visible to the Guest or included in a list which is handed to the Customer/Guest, if necessary at the request of said Customer/Guest. Changes in the
VAT rate are passed on to the customer at all times. A list is considered to be visibly displayed to the guest if it is visible in the normally accessible areas of the hospitality establishment. For special services, such as the use of safe, telephone, telex, TV rental, etc., an additional fee may be charged by the Catering Establishment.
14.4 All bills, including bills relating to cancellation or no-show, are payable by the customer and/or guest at the time they are presented to them. The customer must arrange for cash payment unless otherwise agreed in writing or unless otherwise agreed.
14.5 If an invoice is sent out for an account for an amount lower than ε 100,- under the terms of the fourth subclause, then the Catering Establishment may add ε 7.50,- for administration costs. The provisions of this article shall apply mutatis mutandis to that amount.
14.6 The Guest and the Customer are severally liable for all sums which one or both of them owe the Catering Establishment on any account. None of them can claim any privilege of extraction. Hospitality agreements are deemed to be concluded on behalf of each guest in part unless otherwise stipulated. By appearing, the guest indicates that the customer was authorized to represent him at the conclusion of the relevant catering agreement.
14.7 As long as the Guest and/or Customer has not entirely fulfilled all his obligations to the Catering Establishment, the Catering Establishment is entitled to take over and keep all Goods which the Guest and/or Customer has brought with him to the Catering Establishment, until the Guest and/or Customer has fulfilled all his obligations to the Catering Establishment to the satisfaction of the Catering Establishment. In addition to a lien, the hospitality company shall, where appropriate, have a lien on the goods in question.
14.8 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 fourteen days of the invoice date. If an invoice is sent out, the Catering Establishment is authorized at all times to charge a credit limitation surcharge of 2% of the invoice amount, which expires if the Customer pays the invoice within fourteen days.
14.9 If and insofar as timely payment is not made, 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 Catering Establishment for all costs, both judicial and extrajudicial, arising from collection. The extrajudicial collection costs will be set at a minimum of 15% of the principal sum due, with a minimum of ε 100,- all to be increased by the VAT due on this.
14.11 In addition, if the customer is in default, he shall be liable for interest in the amount of 2% above the legal interest rate. A portion of a month shall be counted as a whole month when calculating interest due.
14.12 If the Catering Establishment has in its keeping Goods as referred to in Clause 14.7 and the Customer from whom the Catering Establishment has received the Goods into keeping is in default for three months, the Catering Establishment is entitled to sell these Goods publicly or privately and to recover the proceeds from them. The costs associated with the sale shall also be borne by the customer, and the hospitality company may recover the proceeds of the sale for that purpose as well. Whatever remains after the hospitality company’s recourse is paid to the customer. 01.09.98
14.13 Every payment shall, regardless of any endorsement or comment made by the Customer at the time of that payment, be deemed to be deducted from the Customer’s debt to the Catering Establishment in the following order:
1. the cost of foreclosure;
2. judicial and extrajudicial collection costs;
3. interest;
4. the damage;
5. the principal amount.
14.14 Payment shall be made in Dutch currency. If the Catering Establishment accepts foreign means of payment then the market rate in force at the time of payment shall apply. In doing so, the Catering Establishment may charge an amount corresponding to a maximum of 10% of the amount offered in foreign currency as an administration fee. The hospitality company can achieve this by adjusting the prevailing market rate by up to 10%.
14.15 The Catering Establishment is never obliged to accept cheques, giro payment cards and other such means of payment and may attach conditions to the acceptance of such means of payment. The same applies to other means of payment not mentioned here.

Article 15 Force majeure

15.1 Force majeure for the Catering Establishment, which means that any deficiency caused by it cannot be attributed to the Catering Establishment, shall be considered to be any foreseen or unforeseen, foreseeable or unforeseeable circumstance which interferes with the fulfilment of the Catering Agreement by the Catering Establishment to such an extent that the fulfilment of the Catering Agreement becomes impossible or difficult.
15.2 Such circumstances are also understood to include such circumstances involving persons and/or services and/or institutions which the Catering Establishment wishes to use in fulfilling the Catering Agreement, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive conditions, as well as non-fulfilment by the aforementioned.
15.2 If either party 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 Found property

16.1 Any objects lost or left behind in the building and appurtenances of the Catering Establishment which are found by the Guest must be handed in to the Catering Establishment by the Guest with all convenient speed.
16.2 Ownership of objects, which the rightful owner has not reported to the Catering Establishment within a year of their being handed in, is acquired by the Catering Establishment.
16.3 If the Catering Establishment sends any objects left behind by the Guest, this shall take place entirely for account and risk of the Guest. The Catering Establishment is never obliged to send.

Article 17 Corkage

17.1 If the Guest and/or Customer consumes drinks on the premises of a Catering Establishment which have not been provided by that Catering Establishment, the Customer shall owe a corkage fee per bottle consumed.
17.2 If the Guest and/or Customer consumes food on the premises of a Catering Establishment which has not been provided by that Catering Establishment, the Customer shall be liable for a kitchen fee in that connection.
17.3 The amounts referred to in Clauses 17.1 and 17.2 shall be agreed in advance or, in the absence of prior agreement, reasonably determined by the Catering Establishment.

Article 18 Applicable law and disputes

Catering agreements are exclusively governed by Dutch law.
18.2 In the event of a dispute between the Catering Establishment and a Customer (not being a natural person, not acting in the exercise of a profession or business), the competent court in the domicile of the Catering Establishment shall have exclusive jurisdiction, unless another court has jurisdiction under mandatory statutory provision, and without prejudice to the authority of the Catering Establishment to have the dispute settled by the court which would have jurisdiction in the absence of this clause.
18.3 If and as soon as an arbitration committee is established under the auspices of Koninklijk Horeca Nederland and any other organizations concerned, the disputes for the settlement of which the arbitration committee is set up shall be settled in accordance with the regulations drawn up for that purpose.
18.4 All claims of the customer shall expire one year from the time they arose.
18.5 The invalidity of one or more of the clauses in these general terms and conditions shall not affect the validity of all other clauses. Should a clause in these general terms and conditions prove to be invalid for any reason, the parties shall be deemed to have agreed on a valid replacement clause that approaches the invalid clause as closely as possible in scope and purport.

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