General conditions Hotel Old Dutch
General Terms and Conditions Hotel Old Dutch Bergen op Zoom , or download it (.doc 87kb).
The General Terms and Conditions have been filed with the Breda Chamber of Commerce.
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 who makes it his business to provide catering services and is a member of Koninklijk Horeca Nederland, in this h.o.d.n. Hotel Old Dutch
Bergen op Zoom
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) has to be provided on the basis of a Catering Agreement concluded with the Customer. Where the UVH mentions Guest, or Customer, both Guest and Customer are meant unless it necessarily follows from the content of the provision and its purport that only one of the two can be meant.
1.6 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 Catering 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 hospitality service to be provided pursuant to a hospitality agreement.
1.15 Group
A group of 2 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 connected.
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
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 purposes only. No rights can be derived from them.
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 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 making of a Catering Agreement are without obligation and subject to "as long as stocks (or capacity) last". If the Catering Establishment invokes the said condition within a reasonable period after acceptance by the Customer, to be determined according to the circumstances, then the intended Catering Agreement shall be considered not to be made.
3.3 Where the Catering Establishment has granted the Customer (option holder) a right of first refusal, this right may not be revoked, except if and insofar as another potential Customer makes the Catering Establishment an offer to conclude a Catering Agreement relating to all or part of the outstanding Catering Services which are subject to an option. In that case the option holder must be informed of this offer by the Catering Establishment, whereupon the option holder must state whether or not he wishes to take up the right of first refusal. If the option holder does not give notice that he wishes to take up the right of first refusal, the right of first refusal shall lapse. An option 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 business relation(s), shall be considered to be concluded partly for the account and risk of these intermediaries. The Catering Establishment does not owe any 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 shall release the intermediary to the same extent.
Clause 4 General obligations of the Catering Establishment
4.1 The obligations set out in this clause 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 performed are contained in the following clauses.
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:
o in case of force majeure on the part of the Catering Establishment as referred to in Clause 15;
o If the guest fails to appear or appears more than half an hour late;
o if the customer fails to pay the deposit/interim payment referred to in Article 10 on time;
o If, despite a request to that effect, the customer fails to issue a turnover guarantee in a timely manner;
o 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 is available to the guest from 1 p.m. on the day of arrival until 10 a.m. on the day of departure, unless otherwise agreed.
5.4 The Hotel Establishment should 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 at any time and without prior notice to terminate the provision of Catering Services to a Guest, if the Guest repeatedly breaks 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 running of the establishment may be or is disturbed. In that case the Guest must leave the Hotel at the first request. The Hotel Establishment may only exercise this right if the nature and seriousness of the breaches of the house rules by the Guest give sufficient cause, in the reasonable opinion of the Hotel Establishment.
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 6:00 p.m. on the first reserved day, without prejudice to the provisions of Clause 9.
5.7 The Hotel Establishment is entitled to ask the Guest to accept accommodation that differs from what is described in the Catering Agreement, except if such a request is clearly unreasonable and must be considered obviously too inconvenient for the Guest. In the latter case the Guest/Customer is entitled to immediately terminate the Catering Agreement to which the aforementioned wish of the Catering Establishment relates, without prejudice to his obligations under other Catering Agreements. If the Catering Establishment saves money in the above circumstances by providing accommodation that differs from what is described in the Catering Agreement, the Guest and/or Customer is entitled to the amount that is saved. Otherwise the Catering Establishment shall never be liable for any compensation.
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 Establishment may impose requirements concerning the appearance of the Guest. 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 Establishment is obliged to provide the Guest on request with the drinks it has in stock. In addition, the Bar Establishment shall provide the catering services customary in its business.
7.2 The Bar Establishment is entitled to refrain from providing Catering Services or to discontinue them at any time if the Guest does not behave in a manner consistent with the standing and operation of its bar. Among other things, the Café Establishment may impose requirements concerning the appearance of the Guest. 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 provide rooms that differ from what is described in the Catering Agreement, except if such a request is clearly unreasonable and must be considered obviously too inconvenient for the Guest. In the latter case, the Guest/Customer has the right to cancel the Catering Agreement to which the aforementioned wish of the Catering Establishment applies, with immediate effect, without prejudice to his obligations under other Catering Agreements. If the Catering Establishment saves money in the above circumstances by providing rooms that differ from what is described in the Catering Agreement, the Guest and/or Customer is entitled to the amount that is saved. Beyond that the Catering Establishment shall never be liable to pay any compensation.
The Catering Establishment is further obliged to be able to provide the Guests with the Catering Services customary in that establishment.
8.3 The Catering Establishment is entitled to refrain from providing Catering Services or to terminate these at any time if the Guest does not behave in a way that is fitting to the class and operation of that Catering Establishment. The Catering Establishment may, among other things, lay down requirements concerning the outward appearance of the Guest. The Guest must leave the Catering Establishment at the first request.
8.4 The Catering Establishment is entitled, after consultation with the competent authorities locally, to cancel the Catering Agreement on the grounds of justifiable fear that the public order may be disturbed. If the Catering Establishment makes use of this authority, then the Catering Establishment shall not be liable to pay 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. Every Cancellation is considered to include such an offer. Such an offer is deemed to be 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 stipulations in Clause 9 apply without prejudice to the stipulations in other clauses.
9.1.2 The Catering Establishment may inform the Customer at least one month before the first Catering Service based on the relevant Catering Agreement is due to be provided that it will regard certain individuals as a Group. In that case all the conditions for Groups apply to those individuals.
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 during the period in which the cancelled Catering Services should have been provided.
9.1.7 Any amounts which the Catering Establishment has already owed to third parties in connection with the cancelled Catering Agreement at the time of Cancellation must at all times be repaid to the Catering Establishment by the Customer in full, provided that the Catering Establishment has not acted unreasonably in entering into the obligations in question. The amounts involved shall be deducted from the Reservation Value referred to in the following clauses.
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.
o In case of Cancellation more than 3 months before the time when under the terms of the Catering Agreement the first Catering Service is to be provided, further referred to as: "the Commencement Date", the Customer is not obliged to pay any compensation to the Hotel Establishment.
o In case of cancellation more than 2 months before the effective date, the customer is required to pay 15% of the reservation value to the hotel company.
o For cancellation more than 1 month before the effective date, the customer is required to pay 35% of the reservation value to the hotel company.
o For cancellation more than 14 days before the effective date, the customer is required to pay 60% of the reservation value to the hotel company.
o In case of cancellation more than 7 days before the effective date, the customer is required to pay 85% of the reservation value to the hotel company.
o For cancellation 7 days or less before the effective date, the customer is required to pay 100% of the reservation value to the hotel company.
In addition to this, the following also applies:
If during the reservation dates there is (a) cancellation(s) of hotel accommodation by the customer, due to early departure (or any other reason) and as a result there is a deviation of >10% on the total nights reserved, we will apply a subsequent calculation based on our standard room rate. This will be calculated on the total number of nights enjoyed.
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:
Cancellation is free of charge up to 24 hours before arrival. After this, 50% of the reservation value will be charged to the guest.
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:
o In case of cancellation more than 14 days before the reserved time, no compensation will be due;
o 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;
o In case of cancellation 7 days or less before the reserved time, the customer will owe 50% of the reservation value.
o 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:
o In case of cancellation more than twice 24 hours before the reserved time, no compensation will be due;
o in case of Cancellation twice 24 hours or less before the reserved time the Customer will 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:
o In case of cancellation more than four times 24 hours before the reserved time, no fee will be due;
o If cancelled 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:
o In case of cancellation more than twice 24 hours before the reserved time, no compensation will be due;
o In case of cancellation twice 24 hours or less before the reserved time, the customer will 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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 at the same time unambiguously states that he is also 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 concluded the agreement, if it had been aware of the actual nature of the gathering. 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. Where appropriate, the payment for Catering Services provided shall be calculated on a time-proportional basis.
9.5.5 The Catering Establishment is entitled, instead of exercising its right referred to in Clause 9.5.4, to set further requirements concerning the course of the gathering in question. If there are sufficient indications that these requirements are not or will not be fulfilled, the Catering Establishment shall still be entitled to exercise the right 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 legal sense, the following shall apply with regard to travel agreements in the legal sense. The Catering Establishment may change an essential point in the travel agreement, owing to important circumstances that are immediately reported to the traveller. The Catering Establishment may also change the travel agreement, other than in an essential respect, because of important circumstances that are immediately reported to the Traveler. Up to twenty days before the commencement of the trip, the Catering Establishment may increase the cost of the trip in connection with changes in the cost of transport including fuel costs, the levies payable or the applicable exchange rates. If the traveler rejects a change as referred to above, the Catering Establishment may 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. Guarantee deposits received shall be properly administered, shall serve exclusively as security for the Catering Establishment and shall expressly not count as already realised turnover.
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 all sums owed by the Customer on any account out of the amount deposited in accordance with the previous clauses. The excess must be repaid to the Customer by the Catering Establishment immediately.
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 in Clause 4.6, the Hotel Establishment is not liable for damage or loss of property brought into the Hotel by a Guest who has taken up residence there. The guest indemnifies the Hotel Establishment against claims from guests in this respect. This does not apply insofar as the damage or loss is due to intent or gross negligence on the part of the Hotel Establishment.
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 resulting from consuming food prepared or served by the Catering Establishment and to damage resulting from computer-related problems. If mandatory law allows only a less far-reaching limitation of liability, that less far-reaching limitation shall apply.
12.4 Under no circumstances is the Catering Establishment obliged to pay a higher amount in compensation than:
o The reservation value or, if more.
o The amount paid by the Catering Establishment's insurer to the Catering Establishment in respect of the damage, or;
o 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 any persons or property as a direct or indirect result of any defect or any feature or circumstance on or in any moveable or immoveable property which the Catering Establishment is looking after, holding on a long or short lease, hiring or which it owns or which is in any other way at the disposal of the Catering Establishment, except if and insofar as the damage is caused intentionally or the Catering Establishment is grossly at fault.
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 made, the Catering Establishment is obliged to compensate the damage to these Goods caused by damage or loss. Compensation is never due in connection with other Goods contained in the Goods handed in.
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.
12.12.1 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 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) (should) be provided, which are understood to be the prices stated on the lists displayed by the Catering Establishment in a place visible to the Guest or which are 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 shall at all times be passed on to the Customer.
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 checkroom, garage, safe, laundry, telephone, telex, TV rental and the like, 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 which is below € 150,- according to the conditions in the fourth subclause, then the Catering Establishment may add € 15,- for administration costs to the account. The provisions of this clause apply mutatis mutandis to that amount.
14.6 The Guest and the Customer are severally liable for all amounts which one or both of them may owe the Catering Establishment on any account. Neither of them may claim any right of recovery. Except where stipulated otherwise, Catering Agreements are considered to be concluded jointly on behalf of each Guest. By appearing, the Guest indicates that the Customer was authorized to represent him in concluding 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 right of retention, the Catering Establishment shall in appropriate cases have a right of pledge 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 ten days of the invoice date. If an invoice is sent out, the Catering Establishment is at all times entitled to charge a credit limitation surcharge of 2% of the invoice amount, which is cancelled if the Customer pays the invoice within 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 are set at a minimum of 15% of the principal amount owed, with a minimum of € 100.
14.11 In addition, if the customer is in default, he shall be liable for interest at 2% above the legal interest rate. Part of a month shall be counted as a whole month when calculating the interest due.
14.12 If the Catering Establishment has in its keeping Goods as referred to in Clause 14.7 and if 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 amount owed from the proceeds. The costs associated with the sale shall also be borne by the Customer, and the Catering Establishment can also recover these from the proceeds of the sale. Whatever remains after the Catering Establishment has recovered its money shall be paid to the Customer.
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:
- costs of foreclosure;
- judicial and extrajudicial collection costs;
- interest;
- the damage;
- the principal sum.
14.14 Payment shall take place in Dutch currency. If the Catering Establishment accepts foreign instruments of payment then the market exchange rate in force at the time of payment shall apply. The Catering Establishment may charge administration costs amounting to a maximum of 10% of the amount offered in foreign currency. The Catering Establishment can effectuate this by adjusting the prevailing market exchange rate by up to 10%.
14.15 The Catering Establishment is never obliged to accept cheques, giro payment cards and other such instruments of payment and may attach conditions to the acceptance of such instruments of payment. The same applies to other instruments of payment not listed 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 defined as every 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.
15.3 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 the Guest any objects that have been left behind, this shall take place entirely for account and risk of the Guest. The Catering Establishment is never obliged to send objects.
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 any dispute 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 shall have exclusive jurisdiction, unless another court has jurisdiction under any compelling legal 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.
