Clause 1 – Definitions
In the UVH and in the offers and agreements to which the UVH applies, the words below shall have the meanings assigned to them in this clause.
1.1 Catering Establishment – The natural person or legal entity or partnership which is in the business of providing hotel and/or catering services and is a member of Koninklijk Horeca Nederland (Dutch trade association for hotel and catering industry).
1.2 Host – Whoever represents a Catering Establishment in entering into and carrying out catering agreements.
1.3 Provision of Catering Services – The provision by a Catering Establishment of accommodation and/or food and/or drink and/or the supplying of halls and/or rooms and/or grounds, all these with all the associated work and services, and all in the broadest sense of the word.
1.4 Customer – The natural person or legal entity or partnership which has entered into an agreement with a Catering Establishment.
1.5 Guest – The natural person(s) entitled to one or more Catering Services based on a catering agreement entered into with the Customer. Wherever the UVH speak of Guest, or Customer, this refers to both Guest and Customer, unless it is clear from the content and implication of the clause that only one of the two can be intended.
1.6 Catering Agreement – An agreement between a Catering Establishment and a Customer involving one or more Catering Services to be provided by the Catering Establishment at a price to be paid by the Customer. The term Reservation is sometimes used in place of the term Catering Agreement.
1.7 Hotel Establishment – The Catering Establishment where the provision of Catering Services consists mainly or exclusively of supplying accommodation.
1.11 Reservation Value (the value of the Catering Agreement) – The total expected turnover of the Catering Establishment including service charges, (tourist tax) and VAT relating to a Catering Agreement concluded with a Customer, which expected turnover is based on the averages applicable to that Catering Establishment.
1.12 Koninklijk Horeca Nederland – Het Koninklijk Verbond van Ondernemers in het Horeca- en Aanverwante Bedrijf (The Royal Association of Businesses in the Catering and Related Industries) known as "Horeca Nederland" or any legal successor to this.
1.13 Cancellation – The written notice by the Customer to the Catering Establishment that one or more of the agreed Catering Services is no longer required in part or in full, or the written notice by the Catering Establishment to the Customer that one or more of the agreed Catering Services shall no longer be provided in part or in full.
1.14 No-show – The failure of a Guest, without prior Cancellation, to make use of one of the Catering Services provided on the basis of a Catering Agreement.
1.15 Group – A group of 10 or more persons entitled to one or more Catering Services from a Catering Establishment under the terms of a Catering Agreement or more than one agreement regarded as connected.
1.16 Individual – Every person that does not form part of a Group as defined above.
1.17 Goods – All Goods, including money, valuables and papers of value.
1.20 Turnover Guarantee – A written declaration from the Customer that the Catering Establishment will realise a certain minimum turnover from one or more Catering Agreements. Clause headings are used exclusively for reference purposes. No rights may be derived from these.
Clause 2 – Scope
2.1 The UVH apply to the making and content of all Catering Agreements, as well as all offers relating to the making of such Catering Agreements, to the exclusion of all other general terms and conditions. If other general terms and conditions besides these are actually in force, the UVH shall prevail where any conflict arises.
2.2 Departure from the UVH is only possible if set down in writing 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 a different agreement or in running the Catering Establishment.
2.4 Once the UVH have been declared legally applicable to a certain Catering Agreement, then the latest valid version of the UVH is considered to apply to all subsequent Catering Agreements between the same parties, unless agreed otherwise in writing.
Clause 9 – Cancellations
9.1 Cancellation by Customers, general
9.1.1 The Customer is not entitled to cancel a Catering Agreement, unless he at the same time makes a binding offer to pay the amounts fixed below. Every Cancellation is considered to include such an offer. Such an offer is considered to be accepted if the Catering Establishment does not reject the offer forthwith. Cancellation should take place in writing and be 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.
9.1.4 In the event of No-show, the Customer is in all cases required to pay the Reservation Value.
9.2 Cancellation of hotel accommodation/lodgings
If a reservation for only hotel accommodation is made, either with or without breakfast, for a one or more Individuals then the following applies to the Cancellation of this reservation:
- In case of Cancellation more than 1 month before the Commencement Date, the Customer is not obliged to pay any money to Hotel Establishment.
- In case of Cancellation more than 14 days before the Commencement Date, the Customer is obliged to pay 15% of the Reservation Value to the Hotel Establishment.
- In case of Cancellation more than 7 days before the Commencement Date, the Customer is obliged to pay 35% of the Reservation Value to the Hotel Establishment.
- In case of Cancellation more than 3 days before the Commencement Date, the Customer is obliged to pay 60% of the Reservation Value to the Hotel Establishment.
- In case of Cancellation more than 48 hours before the Commencement Date, the Customer is obliged to pay 85% of the Reservation Value to the Hotel Establishment.
- In case of Cancellation 48 hours or less before the Commencement Date, the Customer is obliged to pay 100% of the Reservation Value to the Hotel Establishment.
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 a payment from an insurance company or from another third party relating to the risk that has materialised.
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 liability exclusion also applies in particular to damage resulting from consuming foods prepared or served by the Catering Establishment, and to damage resulting from computer-related problems. If imperative law only permits a less extensive liability restriction, that less extensive restriction shall apply.
Clause 13 – Liability of the Guest and/or Customer
13.1 The Customer and the Guest and anyone accompanying them are severally liable for all damage which has occurred and/or may occur to the Catering Establishment and/or to any third party as a direct or indirect result of any non-fulfilment of obligations (culpable deficiency) and/or wrongful action, including breaking the house rules, committed by the Customer and/or the Guest and/or anyone accompanying them, as well as for all damage caused by any animal and/or any substance and/or any article which is in their possession or which is under their supervision.
Clause 14 – Settlement of accounts 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.
14.4 All accounts, including accounts relating to Cancellation or No-show, are due for payment by the Customer and/or Guest at the time they are presented to him. The Customer is responsible for paying in cash unless otherwise agreed in writing or unless agreed otherwise.
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 appeal to benefit of excussion. Except where stipulated otherwise, Catering Agreements are considered to be concluded jointly on behalf of every Guest. By turning up the Guest acknowledges that the Customer was competent to represent him in concluding the relevant Catering Agreement.