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The Uniform Conditions for the Hotel and Catering Industry (UVH)
are the conditions on which hospitality establishments based in the Netherlands, such as hotels, restaurants, cafés and related businesses (including catering companies, party service companies etc.), provide catering services and conclude catering agreements. The UVH have been filed with the district court and the Chamber of Commerce and Industry in The Hague.
Article 1 - Definitions
Under the following words, the following is understood in the UVH, and in the offers and agreements to which the UVH apply.
1.1 Catering company
The natural or legal person or company that makes its business of providing hospitality services and is a member of Koninklijk Horeca Nederland.
The person who represents a catering company when concluding and executing catering agreements.
1.3 Providing hospitality services
The provision by a catering company of lodging and / or food and / or drink and / or the provision of (room) space and / or grounds, everything with all the associated work and services, and everything in the broadest sense of the word.
The natural or legal person or company that has entered into a Catering Agreement with a Catering Establishment.
The natural person (s) to whom one or more catering service (s) must be provided on the basis of a catering agreement concluded with the customer. Where in the UVH of guest, or customer, is spoken, both guest and customer is meant unless the content of the provision and its scope necessarily means 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. Instead of the term catering agreement, the term reservation is sometimes used.
1.7 Hotel business
The Catering Establishment where the provision of Catering Services consists mainly or exclusively of providing accommodation.
1.8 Reservation value
(the value of the Catering Agreement) The total turnover forecast of the Catering Establishment including service fees, (tourist tax) and, for example, in connection with a Catering Agreement concluded with a customer, which expectation is based on the averages applicable within that Catering Establishment.
1.9 Royal Catering Netherlands
The Royal Association of Entrepreneurs in the Horeca and Related Company "Horeca Nederland" or the possible legal successor thereof.
The notice given by the customer to the Catering Establishment in writing by the customer that one or more agreed Catering Services will not be used in whole or in part, or the notice given to the Customer by the Catering Establishment in writing that one or more agreed Catering Services wholly or partly partially will not be provided.
1.11 No show
Not using a guest of a catering service to be provided on the basis of a Catering Agreement without cancellation.
A group of 10 or more persons to whom one or more catering services must be provided by a Catering Establishment pursuant to one or more Catering Agreements to be regarded as coherent.
Any person who does not belong to a group according to the above definition.
All goods, including money, monetary values and money worthy papers.
1.15 Sales guarantee
A written statement from the customer that at least one specific amount of turnover will be realized by the Catering Establishment in relation to one or more Catering Agreements. Article titles are for reference only. No rights can be derived from it.
Article 2 - Applicability
2.1 With the exclusion of all other general terms and conditions, the UVH apply to the creation and content of all Catering Agreements, as well as to all offers with regard to the realization of these Catering Agreements. If, in addition, other general terms and conditions apply, the UVH prevail in case of contradiction.
2.2 Deviation from the UVH is only possible in writing and on a case-by-case basis.
2.3 The UVH also serves for the benefit of all natural and legal persons that the Catering Establishment uses or has made when concluding and / or executing a Catering Agreement or another agreement or when operating the Catering Establishment.
2.4 Once the UVH have been validly declared applicable to a certain Catering Agreement, the latest valid version of the UVH is deemed to apply to all subsequent Catering Agreements between the same parties, unless otherwise agreed in writing. Uniform Conditions for the Hotel and Catering Industry (UVH)
Article 3 - Establishment of catering agreements
3.1 A Catering Establishment can at any time, for whatever reason, refuse to conclude a Catering Agreement, except if such a refusal is made solely on one or more grounds stated in Article 429 quater of the Dutch Penal Code (Discrimination).
3.2 All offers made by a Catering Establishment with regard to the establishment of a Catering Agreement are free of obligation and subject to the proviso "as long as the stock (or capacity) lasts". If the Catering Establishment appeals to the aforementioned reservation within a reasonable period to be determined according to the circumstances, the Catering Agreement is deemed not to have been realized.
3.3 If the Catering Establishment has granted an option right to the customer (option holder), this right can not be revoked, unless and insofar as another potential customer makes an offer to the Catering Establishment to enter into a Catering Agreement with respect to the total or part of the Catering Agreement. optional catering services. 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 make use of the option right. If the option holder does not indicate that he wants to make use of the option right, the option right will lapse. An option right can only be granted in writing.
3.4 Catering agreements for (a) guest (s) entered into by intermediaries (shipbrokers, travel agencies, other catering establishments, etc.), whether or not in the name of their relationship (s), are deemed to have been entered into at the expense and risk of these intermediaries. The Catering Establishment shall not owe any commission or commission to intermediaries, however named, unless expressly agreed otherwise in writing. Partial or partial payment of the amount owed by the guest will free the intermediary to the same extent.
Article 4 - General obligations of the Catering Establishment
4.1 The obligations mentioned in this article apply to every Catering Establishment. All obligations arising from the special nature of the Catering Establishment 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 as referred to in articles 5 et seq. Deviates from a general provision in articles 4.3 up to and including 4.7, the special regulation applies.
4.3 Under the Catering Agreement, the Catering Establishment is obliged, subject to the provisions in the following articles, to provide the agreed Catering Services at the agreed times in the manner that is customary in that Catering Establishment.
4.4 The obligation mentioned in article 4.3 does not apply:
a. in the event of force majeure on the part of the Catering Establishment as referred to in Article 15;
b. if the guest does not appear late or more than half an hour late;
c. if the customer does not timely pay the deposit / interim payment referred to in Article 10; d. if the customer does not issue a turnover guarantee in time, despite a request to that effect;
e. if the customer in any other way does not fully meet all his obligations which he also has towards the Catering Establishment.
4.5 The Catering Establishment is not obliged to accept and / or take into custody any good of the Guest.
4.6 If the Catering Establishment pays any amount to the guest for the reception and / or safekeeping of goods, the Catering Establishment must pay attention to these goods as a good family man, without prejudice to the provisions of Article 12. Uniform Conditions for the Hotel and Catering Industry (UVH)
4.7 The Catering Establishment is never obliged to admit any pet of the guest and can attach conditions to admission.
Article 5 - Obligations of the hotel business
5.1 The hotel company is obliged to provide the guest during the agreed period with accommodation of the usual quality within his hotel, with due observance of the provisions of the third paragraph.
5.2 The hotel company is also obliged to be able to provide the associated hospitality services in its hotel and to provide the usual facilities there.
5.3 The accommodation must be available to the guest from 2 pm on the day of arrival until 12 noon on the day of departure.
5.4 The hotel company must place the house rules for the guest in a clearly observable place for inspection, or affix or lay down, or hand over the house rules to the guest in writing. The guest is obliged to comply with the house rules.
5.5 The hotel company is entitled at any time without notice to terminate the provision of catering services to a guest if the guest repeatedly violates the house rules, or otherwise behaves in such a way that the order and the rest in the Catering Establishment and / or the normal exploitation thereof can be or is disrupted. The guest must then leave the hotel on first request. The hotel business may only exercise its present authority if the nature and severity of the violations committed by the guest provide sufficient cause for this in the reasonable opinion of the hotel business.
5.6 Unless otherwise agreed, the hotel company is entitled to consider the reservation to be canceled if the guest has not reported to him on the first day reserved at 6:00 pm, without prejudice to the provisions of article 9.
5.7 The hotel company is entitled to require the guest to settle for accommodation other than that which should be made available in accordance with the Catering Agreement, unless such a wish is obviously unfair and for the guest apparently too objectionable. In the latter case, the guest / customer has the right to terminate with immediate effect the Catering Agreement to which the aforementioned desire of the Catering Establishment applies, without prejudice to his obligations under other Catering Agreements. The guest and / or customer, if the Catering Establishment saves expenses by making available on the basis of the foregoing other accommodation than would be made available in accordance with the Catering Agreement, is entitled to the amount of that saving. For the rest, the Catering Establishment will never be obliged to pay any compensation.
Article 6 - Obligations of the café company
6.1 The cafeteria is obliged to provide drinks to the guest on request which it has in stock. In addition, the cafeteria company must be able to provide the hospitality services customary in its company.
6.2 The cafeteria is entitled to refrain from providing catering services or to cease them at any time if the guest does not behave as an agreement with the stand and the exploitation of his cafe. The cafeteria can, among other things, impose requirements with regard to the appearance of the guest. The guest must leave the cafe on first request.
Article 7 - Cancellations
7.1 Cancellation by customers, generally
7.1.1 The customer is not authorized to cancel a Catering Agreement, unless he at the same time irrevocably offers to pay the amounts specified below. Any cancellation is deemed to include such an offer. Such an offer is deemed to have been accepted if the Catering Establishment does not immediately reject the offer. Cancellation must be made in writing and dated. The customer can not derive any rights from an oral cancellation. The provisions of article 6 apply without prejudice to the provisions in other articles.
7.1.2 The Catering Establishment can declare to the customer at the latest one month before the first Catering Service will have to be performed on the basis of the relevant Catering Agreement to regard certain individuals as a group. In that case, all provisions for groups apply.
7.1.3 The provisions in Articles 13.1 and 14.6 also apply to cancellations.
7.1.4 In case of no-show, the customer will in all cases be obliged to pay the reservation value. Uniform Conditions for the Hotel and Catering Industry (UVH)
7.1.5 If not all agreed Catering Services are canceled, the following provisions apply pro rata to the canceled Catering Services.
7.1.6 If one or more agreed Catering Services are canceled in whole or in part, the periods in the following articles shall be increased by 4 months if the Reservation Value of the canceled Catering Service (s) exceeds the corresponding value of the other Catering Services that are calculated accordingly. the Catering Establishment could have provided in the timeframe in which the canceled Catering Services should have been provided.
7.1.7 Amounts that the Catering Establishment has already owed to third parties in view of the canceled Catering Agreement at the time of the cancellation must be fully reimbursed by the Customer at all times to the Catering Establishment, provided the Catering Establishment has not acted unreasonably by the relevant party. to enter into commitments. The relevant amounts are deducted from the reservation value referred to in the following provisions.
7.2 Cancellation of hotel accommodation / accommodation
If a reservation for only hotel accommodation, with or without breakfast, is made for a group, then the following applies to the cancellation of that reservation.
a. In the event of cancellation more than 3 months before the time at which the first Catering Service will have to be provided under the Catering Agreement, hereinafter referred to as "the commencement date", the Customer is not obliged to pay any compensation to the Hotel Establishment.
b. In the event of cancellation more than 2 months before the commencement date, the client is obliged to pay 15% of the reservation value to the hotel company.
c. In case of cancellation more than 1 month before the commencement date, the customer is obliged to pay 35% of the reservation value to the hotel company.
d. In the event of cancellation more than 14 days before the commencement date, the client is obliged to pay 60% of the reservation value to the hotel company.
e. In the event of cancellation more than 7 days before the commencement date, the client is obliged to pay 85% of the reservation value to the hotel company.
f. In case of cancellation 7 days or less before the commencement date, the client is obliged to pay 100% of the reservation value to the hotel company.
If a reservation for only hotel accommodation, with or without breakfast, is made for one or more individuals, the following applies to the cancellation of that reservation:
a. If canceled more than 1 month before the commencement date, the customer is not obliged to pay any amount to the hotel company.
b. In the event of cancellation more than 14 days before the commencement date, the client is obliged to pay 15% of the reservation value to the hotel company.
c. In the event of cancellation more than 7 days before the commencement date, the customer is obliged to pay 35% of the reservation value to the hotel company.
d. In case of cancellation more than 3 days before the commencement date, the client is obliged to pay 60% of the reservation value to the hotel company.
e. In the event of cancellation more than 24 hours before the commencement date, the client is obliged to pay 85% of the reservation value to the hotel company.
f. In case of cancellation 24 hours or less before the commencement date, the client is obliged to pay 100% of the reservation value to the hotel company.
7.3 Cancellation by the Catering Establishment
7.3.1 With due observance of the following, the Catering Establishment is entitled to cancel a Catering Agreement, unless the Customer has given written notice within seven days after the conclusion of the relevant Catering Agreement that the Catering Establishment renounces its cancellation authority, provided the Customer also unambiguously stated to waive his own cancellation authority.
7.3.2 If the Catering Establishment cancels a Catering Agreement for the provision of food and accompanying drink, Articles 6.1.1 shall apply mutatis mutandis, with the change of customer and Catering Establishment.
7.3.3 If the Catering Establishment cancels another Catering Agreement than referred to in Article 6.5.2, Articles 6.1.1 and 6.2.2 apply mutatis mutandis, with the change of customer and Catering Establishment.
7.3.4 The Catering Establishment shall be entitled at all times 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 is of such a different nature as the Catering Agreement. expected on the basis of a notice 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 started, the Customer is obliged to pay for the Catering Services that have been received until that time, but his payment obligation will no longer apply. The remuneration for hospitality services provided is calculated according to time proportion as appropriate.
7.3.5 The Catering Establishment is entitled, instead of exercising its authority as referred to in Article 6.5.4, to impose further requirements with regard to the progress of the relevant meeting. If there are sufficient indications that these requirements are not (will be) complied with, the Catering Establishment is still entitled to exercise its authority as referred to in Article 6.5.4.
7.3.6 If and insofar as the Catering Establishment also acts as a travel organizer within the meaning of the Act, the following applies to travel agreements within the meaning of the Act. The Catering Establishment may change the travel agreement on a substantial point because of important circumstances communicated to the traveler without delay. The Catering Establishment may also change the travel agreement, other than on a substantial point, because of important circumstances communicated to the traveler without delay. Up to 20 days before the start of the trip, the Catering Establishment may increase the travel sum in connection with changes in the transport costs including fuel costs, the fees 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 8 - Deposit and interim payment
8.1 The Catering Establishment can at all times require the Customer to deposit or place a deposit under the Catering Establishment with a deposit of no more than the Reservation Value minus any interim payments already made. Received guarantees are Uniform Conditions for the Hotel and Catering Industry (UVH) properly administered, serve only as security for the Catering Establishment and explicitly do not apply as already realized turnover.
8.2 The Catering Establishment can each time demand interim payment from hospitality services already provided.
8.3 The Catering Establishment may recover from the amount deposited pursuant to the foregoing provisions in respect of all that which the Customer owes to him for whatever reason. The surplus must be repaid to the customer immediately by the Catering Establishment.
Article 9 - Sales guarantee
9.1 If a turnover guarantee has been issued, the customer is obliged to pay the Catering Establishment (s) at least the amount specified in the turnover guarantee to the Catering Establishment.
Article 10 - Liability of the Catering Establishment
10.1 The exclusion of liability in this article does not apply insofar as the Catering Establishment has received compensation in respect of the risk that has arisen from an insurance company or from another third party.
10.2 Without prejudice to the provisions of article 4.6, the hotel business is not liable for damage or loss of goods that have been brought into the hotel by a guest who has taken up residence there. The customer indemnifies the hotel company against claims from guests in this respect. The provisions here do not apply insofar as the damage or loss is due to intent or gross negligence of the hotel business.
10.3 Without prejudice to the provisions of articles 9.7 and 9.8, the Catering Establishment is never liable for any damage whatsoever suffered by the Customer, the Guest and / or third parties unless the damage is the direct consequence of intent or gross negligence on the part of the Catering Establishment. This exclusion of liability also applies in particular to damage arising as a result of consumption of food prepared or served by the Catering Establishment and for damage arising as a result of automation problems. If mandatory law only allows for a less extensive limitation of liability, this less restrictive restriction applies.
10.4 In no case is the Catering Establishment obliged to pay a higher amount of claims settlement than: 1. the reservation value or, if that is more. 2a. the amount paid out by the Catering Establishment's insurer to the Catering Establishment in respect of the damage, or; 2b. the compensation received from another third party in respect of the damage.
10.5 The Catering Establishment shall never be liable for damage to or with vehicles of the Guest unless and insofar as the damage is the direct consequence of intent or gross negligence of the Catering Establishment.
10.6 The Catering Establishment shall never be liable for damage directly or indirectly to whom or whatever originated as a direct or indirect consequence of any defect or any capacity or circumstance in, in or on any movable or immovable property of which the Catering Establishment holder, (erf) tenant, tenant or owner or otherwise is at the disposal of the Catering Establishment, unless and insofar as the damage is the direct consequence of intent or gross negligence of the Catering Establishment.
10.7 If for the guest the goods in custody, for which a fee as referred to in Article 4.6 is charged, damage occurs, the Catering Establishment is obliged to compensate the damage to these goods as a result of damage or loss. Damage compensation is never due in respect of other goods present in the delivered goods. Uniform Conditions for the Hotel and Catering Industry (UVH)
10.8 If the Catering Establishment accepts goods or if goods are deposited, stored and / or left by anyone in any way whatsoever without the Catering Establishment making any payment for them, then the Catering Establishment is never liable for damage to or in connection with those goods in any way whatsoever unless the Catering Establishment deliberately caused such damage, or the damage is the result of gross negligence on the part of the Catering Establishment.
10.9 The customer (not being a natural person, who does not act in the exercise of a profession or company) fully indemnifies the Catering Establishment with regard to every claim, whatever the name, which the guest and / or any third party may assert vis-à-vis the Catering Establishment, if and insofar as this claim can in the broadest sense relate to any (catering) service provided or provided by the Catering Establishment under any agreement with the Customer or with the accommodation in which such a (catering) service was provided or should be granted .
10.10 The indemnification obligation referred to in Article 9.9 also applies if the Catering Agreement with the Customer and / or the Guest is dissolved in whole or in part for whatever reason.
Article 11 Liability of the guest and / or customer
11.1 The customer and the guest and those accompanying him are jointly and severally liable for all damage to the Catering Establishment and / or any third party and / or will arise as a direct or indirect consequence of breach of contract (attributable shortcoming) and / or unlawful act, including Violation of the house rules is understood, committed by the customer and / or the guest and / or those accompanying him, as well as for all damage caused by any animal and / or any substance and / or any matter of which they are holders or those under their supervision.
Article 12 - Settlement and payment
12.1 The customer shall owe the price stipulated in the Catering Agreement or, insofar as the Catering Agreement was concluded more than three months before the time when the Catering Services to be provided pursuant to that Agreement are to be provided, the prices that apply at the time the Catering Service ( and) (must be issued), including the prices as stated on lists which have been affixed by the Catering Establishment in a place visible to the Guest or are included in a list to the customer / guest. , if necessary at his request, is handed over. Changes in the VAT rate are charged to the customer at all times. A list is deemed to be visible for the guest if it is visible in the normally accessible areas of the Catering Establishment. For special services, such as the use of cloakroom, garage, safe, laundry, telephone, telex, for example rental and the like, an additional fee may be claimed by the Catering Establishment.
12.2 All bills, including bills for cancellation or no-show, are due by the customer and / or guest at the time they are presented to him. The customer must provide cash payment unless otherwise agreed in writing or unless otherwise agreed.
12.3 When for an account for a lower amount? ? ? 300, - pursuant to the provisions of the fourth paragraph an invoice is sent, then can the Catering Establishment? ? ? 25, - to charge administration costs. The provisions of this article apply accordingly to this amount.
12.4 The guest and the customer are jointly and severally liable for all amounts that one of them or both of them owe to the Catering Establishment for whatever reason. None of them can rely on any privilege of enforcement. Catering agreements shall be deemed to be concluded on behalf of each guest, unless otherwise stipulated. By appearing, the guest indicates that the client was authorized to represent him at the conclusion of the relevant Catering Agreement. Uniform Conditions for the Hotel and Catering Industry (UVH)
12.5 As long as the guest and / or customer have not fully met all his obligations towards the Catering Establishment, the Catering Establishment is entitled to take and keep all goods brought by the guest and / or customer in the Catering Establishment until the guest and / or customer to the satisfaction of the Catering Establishment has fulfilled all his obligations to the Catering Establishment. In addition to a right of retention, the Catering Establishment also grants a right of pledge on the goods in question, if applicable.
12.6 If other than cash payment 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, the Catering Establishment is at all times entitled to charge a credit limitation surcharge of 2% of the invoice amount, which will lapse if the Customer meets the invoice within fourteen days.
12.7 If and to the extent that timely payment is not made, the customer is in default without any notice of default being required.
12.8 If the customer is in default, he must reimburse the Catering Establishment all costs arising from the collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the owed principal sum with a minimum of? ? ? 200, - to be multiplied with the B.T.W.
12.9 In addition, if the client is in default, he owes an amount of interest which is 2% above the statutory interest. A part of a month is taken into account for the calculation of the interest due for an entire month.
12.10 If the Catering Establishment possesses goods as referred to in Article 11.5 and the Customer of whom the Catering Establishment has received the Goods has been in default for three months, the Catering Establishment shall be entitled to sell these goods publicly or privately and on the proceeds. of that. The costs associated with the sale are also borne by the customer and the Catering Establishment can also claim the proceeds from the sale. What remains after the story of the catering company is paid to the customer.
12.11 Any payment will be deemed to be deducted from the customer's debt to the Catering Establishment in the following order, irrespective of any note made or remark made by the Customer for that payment:
1. the costs of execution;
2. the judicial and extrajudicial collection costs;
3. the interest;
4. the damage;
5. the principal amount
12.12 Payment is made in Dutch currency. If the Catering Establishment accepts foreign payment methods, the market rate applicable at the time of payment will apply. The Catering Establishment can thereby charge an amount of administration that is up to a maximum of 10% of the amount that is offered in foreign currency. The Catering Establishment can achieve this by adjusting the current market rate by a maximum of 10%.
12.13 The Catering Establishment shall never be obliged to accept checks, 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 payment instruments not mentioned here.
Article 13 - Force majeure
13.1 Force majeure for the Catering Establishment, which means that any shortcomings caused by this can not be attributed to the Catering Establishment, will apply to any foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes the execution of the Catering Agreement such that the Catering Establishment makes it difficult to carry out the Catering Agreement. impossible or inconvenient.
13.2 Such circumstances also include such circumstances with persons and / or services and / or institutions that the Catering Establishment wishes to make use of when executing the Catering Agreement, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive condition, as well as breach of contract. from aforesaid.
13.3 If one of the parties to a Catering Agreement is not able to fulfill any obligation under that Catering Agreement, he is obliged to notify the other party as soon as possible.
Article 14 - Lost objects
14.1 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 with due speed.
14.2 The Catering Establishment shall acquire ownership of objects, of which the entitled party has not reported to the Catering Establishment within a year after the delivery thereof.
14.3 If the Catering Establishment sends objects left behind by the Guest, this will be entirely at the expense and risk of the Guest. The Catering Establishment is never obliged to send.
Article 15 - Applicable law and disputes
Exclusively Dutch law applies to catering agreements.
15.1. Inversion of a in the context of a Catering Establishment and a customer is not in the exercise of a legal relationship. is authorized and without prejudice to the jurisdiction of the Catering Establishment to settle the dispute by the court that would be competent in the absence of this stipulation.
15.2 If there is an end to a life of an official committee, the Disputes Committee is instructed to regularize the case.
15.3 All claims of the customer shall lapse after a period of one year after the date on which they arose.
15.4 The invalidity of one or more of the non-profit clauses of all other stipulations is unimpeded. If a clause in these general terms and conditions becomes invalid for any reason, then the parties are deemed to have agreed a bias clause that may possibly approach the invalid clause to purport and reachable.