Algemene voorwaarden
TERMS OF CANCELLATION
Should a booking for a hotel accommodation, with or without breakfast, have been made for one or more individuals, the following with regard to the cancellation of that booking applies:
Until when can I cancel free of charge?
You can cancel your flexible reservation free of charge until 48 hours prior to your booked arrival date.
What is a non-refundable reservation?
This is a reservation that you must pay online immediately during booking and which can then no longer be canceled or changed. Please note, if cancelled or in case of a no-show, the total price of the reservation will be charged.
Why should I opt for the non-refundable rate?
Because you waive flexible cancellation and pay for the reservation directly online, we give you a discount. The non-refundable rate is therefore always the cheapest rate available.
Why should I opt for a flexible reservation?
In this way you are flexible to change or cancel your reservation (within 48 hours prior to arrivaldate).
GENERAL TERMS AND CONDITIONS
The Uniform Conditions for the Hotel and Catering Industry, UCHCI, are filed with the Registry of the District Court and the Chamber of Commerce and Industry in The Hague.
ARTICLE 1 DEFINITIONS
For the purpose of the UCHCI and in the offers and agreements to which the UCHCI are applicable the following words are each time understood as follows:
1.1 Hospitality business
The natural or legal person or company that carries on a business, engaged in the provision of hospitality business and is a member of the ‘Koninklijke Horeca Nederland (KNH)’, the Dutch Royal Association of Businesses in the Catering and Related Industry.
1.2 Host
The person who represents a hospitality business upon the conclusion and implementation of hospitality agreements.
1.3 Provision of hospitality services
The provision by a hospitality business of accommodation and/or food and/or beverages and/or the availability of (meeting) space and/or premises, all with the thereto-pertaining activities and services, and all in the broadest sense of the word.
1.4 Customer
The natural or legal person or company that concluded a hospitality agreement with a hospitality business.
1.5 Guest
The natural person(s) to whom one or more hospitality services must be provided in pursuance of a hospitality agreement concluded with the customer. Where the UCHCI refer to guest or customer this is understood as both guest and customer, unless the content of the provision and its scope necessarily imply that only one of both can be meant.
1.6 Hospitality agreement
An agreement between a hospitality business and a customer regarding one or more hospitality services to be provided by the hospitality business at a price payable by the customer. Instead of the term hospitality agreement the term reservation is occasionally used.
1.7 Hotel business
The hospitality business in which the provision of hospitality services consists mainly or exclusively of providing accommodation.
1.8 Restaurant business
The hospitality business in which the provision of hospitality services consists mainly or exclusively of providing food and accompanying drinks.
1.9 Cafe business
The hospitality business in which the provision of hospitality services consists mainly or exclusively of providing drinks.
1.10 Function room business
The hospitality business in which the provision of hospitality services consists mainly or exclusively of providing function rooms.
1.11 Reservation value (the value of the hospitality agreement)
The value of the hospitality agreement that equals the total expected turnover of the hospitality business, including potential tourist tax and VAT, regarding a hospitality agreement concluded with a customer, which expectation is based on the average numbers applicable within the relevant hospitality business.
1.12 Royal Association of Businesses in The Catering and Related Industry in The Netherlands
The Royal Association of Businesses in the Catering and Related Industry “Hospitality Netherlands” and/or its potential legal successor Royal Association of Businesses in the Catering and Related Industry.
1.13 Cancellation
The notification in written form by the customer to the hospitality business that one or more agreed hospitality services will not be used in whole or in part or the notification in written form that one or more agreed hospitality services will not be provided in whole or in part.
1.14 No-show
A guest not making use of the hospitality service to be provided in pursuance of a hospitality agreement without cancellations.
1.15 Group
A group of 10 or more guests to whom hospitality services must be provided in pursuance of one or more hospitality agreements to be qualified as a coherent whole.
1.16 Individual
Each and every person, falling under guest or customer, who is not part of a group according to the aforementioned definition.
1.17 Goods
All goods, including money, monetary values and valuable papers.
1.18 Corkage
The amount payable for the consumption of beverages in the premises of a hospitality business that were not supplied by the hospitality business.
1.19 Food service charge
The amount owed with regard to the consumption of food, consumed in the premises of the hospitality when the food has not been provided by that hospitality business.
1.20 Turnover guarantee
A written declaration of the customer that with regard to one or more hospitality agreements the hospitality business shall at least realise a certain amount of turnover.
Article titles are for reference only. No rights may be derived from them.
ARTICLE 2 APPLICABILITY
2.1 The UCHCI are applicable, with the exclusion of any and all other general terms and conditions, to the conclusion and the content of any and all hospitality agreements as also to any and all offers regarding the conclusion of the said hospitality agreements. If other general terms and conditions are nonetheless applicable then the UCHCI shall prevail in the event of a discrepancy.
2.2 It is only possible to deviate from the UCHCI in writing and on a case by case basis.
2.3 The UCHCI also extend to the benefit of any and all natural and legal persons that the hospitality business relies on or relied on upon the conclusion and/or the implementation of a hospitality agreement or upon the exploitation of the hospitality business.
2.4 Once the UCHCI have been declared legally valid with regard to a specific hospitality agreement, the most recent current version of the UCHCI is applicable to all following hospitality agreements between the same parties, unless agreed otherwise in written form.
ARTICLE 3 CONCLUSION OF HOSPITALITY AGREEMENTS
3.1 A hospitality business may always, for any reason whatsoever, reject the conclusion of a hospitality agreement, unless this kind of rejection exclusively takes place on one or more grounds that are qualified as discrimination in section 429 quarter of the Dutch Criminal Code (discrimination).
3.2 Any and all offers made by a hospitality business regarding the conclusion of a hospitality agreement are subject to contract and the proviso “whilst stocks (and/or capacity) last”. If the hospitality business relies on the aforementioned proviso within a reasonable period of time after acceptance by the customer then the intended hospitality agreement is deemed not to have been concluded.
3.3 When the hospitality business has granted the customer (option holder) an option, this right cannot be revoked, unless another potential customer makes an offer to the hospitality business to conclude a hospitality agreement regarding the total or a part of the hospitality services included in the option. The holder of the option must, as the occasion arises, be informed of the said offer by the hospitality business after which the holder of the option must state within a time limit to be imposed by the hospitality business whether or not the holder of the option intends to rely on the option right. If the holder of the option does not state within the imposed time limit to rely on the option right then the option right expires. An option right can only be granted in written form.
3.4 Hospitality agreements concluded for a guest (guests) by intermediaries (shipbrokers, travel agencies, online travel agents and other hospitality businesses and the like), whether or not in the name of their business relation(s), are deemed to also have been concluded at the risk and expense of the said intermediaries. The hospitality business is not liable to pay a commission or bonus, by any name whatsoever, unless expressly stipulated otherwise in writing. The guest (guests) and the intermediary (intermediaries) are jointly and severally liable for the payment of the amount due.
ARTICLE 4 GENERAL RIGHTS AND OBLIGATIONS OF THE HOSPITALITY BUSINESS
4.1 The obligations, specified in this article apply to every hospitality business. All obligations arising from the special nature of the hospitality business and the type of hospitality business to be performed are contained in the following articles.
4.2 In the event that the special regulation referred to in articles 5 et seq. Is at variance with a general stipulation in sub articles 4.3 – 4.7, he special regulation shall apply.
4.3 Under the terms of the hospitality agreement, the hospitality business is, without prejudice to the stipulations in the following articles, bound to provide the agreed hospitality services at the agreed times in the manner, customary for that hospitality business.
4.4 The obligation, mentioned in article 4.3 does not apply: in the event of force majeure on the side of the hospitality business, as defined in article 15;
- if the guest fails to arrive or arrives more than half an hour late;
- if de customer’s payment of the deposit/interim payment referred to in article 10 is made on time;
- if the customer fails to provide a turnover guarantee on time, despite a request to do so;
- if the customer in any other way fails to fulfill all his obligations towards the hospitality business in whatever respect.
4.5 The hospitality business is not obliged to accept and/or take into safekeeping any property of the guest.
4.6 If the hospitality business charges the guest for accepting goods and/or taking good into safekeeping, the hospitality business is obliged to take reasonable care of those goods, without prejudice to the stipulations in article 12.
4.7 The hospitality business is never obliged to admit any domestic animal belonging to the guest and may attach conditions to such admission.
ARTICLE 5 OBLIGATIONS OF THE HOTEL BUSINESS
5.1 During the agreed period the hotel business is obliged to provide the guest with accommodation of the standard customary for that hotel, subject to the stipulations in the third paragraph.
5.2 The hotel business must also be able to provide the associated hotel services, customary for that hotel and to supply the amenities and facilities, customary there.
5.3 The accommodation should be available to the guest from 14.00h on the day of arrival until 12.00h/noon on the day of departure.
5.4 The hotel business 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 business is authorised to terminate the provision of hotel services to a guest at any time without prior notice if the guest repeatedly acts in breach of the internal rules and/or the rules of conduct or otherwise acts in such a manner that the order and the rest within the hospitality business and/or the normal exploitation thereof are disrupted. As the occasion arises the guest must leave the hospitality business on demand. The hospitality business can only exercise the present authorities if the nature and the seriousness of the violations committed by the guest give, at the reasonable discretion of the hospitality business, sufficient cause to the same.
5.6 Unless agreed otherwise, the hotel business is entitled to consider the reservation cancelled if the guest has not checked in by 18.00h on the first day of the reservation, without prejudice to the stipulations in article 9.
5.7 The hospitality business is authorized to require of the guest that the latter accepts a different, similar accommodation than would need to be made available according to the hospitality agreement, except if such a request is clearly unreasonable and must be considered obviously too inconvenient for the guest. In the latter instance the guest is entitled to terminate the hospitality agreement, to which the said request of the hospitality business is related with immediate effect, without prejudice to his obligations on account of other hospitality agreements. If the hospitality business saves money under the above circumstances by providing accommodation that differs from what is described in the hospitality agreement, the guest and/or customer is entitled to the amount that is saved. Beyond that the hospitality business shall never be obliged to pay any compensation.
ARTICLE 6 OBLIGATIONS OF THE RESTAURANT BUSINESS
6.1 Pursuant to the hospitality agreement the hospitality business is, without prejudice to the provisions set forth in the following articles, held to provide the stipulated food and beverages at the stipulated times in the manner common for the said hospitality business.
6.2 If nothing has been agreed in advance with regard to food and beverages, the restaurant business shall on request provide whatever food and beverages are available at that moment, without prejudice to the other stipulations in article 6.1.
6.3 The restaurant business is authorised to refrain from providing hospitality services or to terminate these at any time if the guest’s behaviour does not fit in with the position and operation of the restaurant. The restaurant business may, among other things, set requirements with regard to the appearance of the guest. The guest must leave the restaurant at the first request.
6.4 If the guest has not arrived within half an hour after the reserved time, the restaurant business may cancel the reservation, without prejudice to the stipulations in article 9.
ARTICLE 7 OBLIGATIONS OF THE CAFE BUSINESS
7.1 The cafe business is obliged, if requested, to provide the guest with drinks, it has in stock. In addition, the cafe business must be able to provide the hospitality services, customary for that business.
7.2 The cafe business is authorised to refrain from providing hospitality services or to terminate these at any time if the guest’s behaviour does not fit in with the position and operation of the café business. The cafe business may, among other things, set requirements with regard to the guest’s appearance. The guest must leave the cafe at the first request.
ARTICLE 8 OBLIGATIONS OF THE HOSPITALITY BUSINESS REGARDING (MEETING) SPACE
8.1 The hospitality business is authorised to provide (meeting) space that differs from the one described in the hospitality agreement, except if such a request is clearly unreasonable and must be considered obviously too inconvenient for the guest. In the latter instance, the guest/costumer is entitled to terminate the hospitality agreement, to which the said request of the hospitality business is related, with immediate effect, without prejudice to his obligations on account of other hospitality agreements. If the hospitality business saves money under the above circumstances by providing (meeting) space that differs from the one, described in the hospitality agreement, the guest and/or customer is entitled to the amount that is saved. Beyond that, the hospitality business shall never be obliged to pay any compensation.
8.3 The hospitality business is authorised to refrain from providing hospitality services or to terminate these at any time if the guest’s behaviour does not fit in with the position and operation of the hospitality business. The hospitality business may, among other things, set requirements with regard to the guest’s appearances. The guest must leave the hospitality business at the first request.
8.4 After consultation with the local, competent authorities, the hospitality business is authorised to cancel the hospitality agreements on grounds of reasonable fear that the public order may be disrupted. If the hospitality business makes use of this power, the hospitality business will not be liable to pay any compensation.
ARTICLE 9 CANCELLATIONS
9.1 Cancellations by customers, general
9.1.1 The customer is not entitled to cancel a hospitality agreement, unless he makes an instant irrevocable offer to pay the amounts specified below. Every cancellation is considered to include such an offer. This offer is considered to be accepted if the hospitality business does not reject the offer forthwith. Cancellation must be dated and in writing. The customer cannot derive any rights from a verbal cancellation. The stipulations in article 9 apply without prejudice to the stipulations in other articles.
9.1.2 Within one month, at most, before the first hospitality services must be provided in pursuance of the relevant hospitality agreement, the hospitality business can inform the customer that certain individuals together qualify as a group. Any and all group provision then apply to the said persons.
9.1.3 The provisions set forth in articles 13.1 and 14.4 also apply to cancellations.
9.1.4 In the event of a no-show the customers is in all instances held to pay the reservation value.
9.1.5 If not all stipulated hospitality services are cancelled, the following provisions apply pro rata to the cancelled hospitality services.
9.1.6 If one or more agreed hospitality services are completely or partly cancelled, the terms in the following articles shall be increased by 4 months, if the reservation value of the cancelled hospitality services amounts to more than the correspondingly calculated value of the other hospitality services that the hospitality business could have provided during the period of time, in which the cancelled hospitality services were to have been provided.
9.1.7 Any amounts, the hospitality business already owes to third parties at the time of cancellation based on the cancelled hospitality agreement must be fully reimbursed by the costumer to the hospitality business at all times, provided the hospitality business has not acted unreasonably in entering into the commitments in question. The amounts involved shall go towards a reduction of the reservation value referred to in the following articles.
9.2 Cancellation of hotel accommodation/lodgings
9.2.1 Groups
If a reservation for accommodation alone, whether or not with breakfast included, was made for a group then in case of cancellation of the said reservation the following applies:
- In the event of cancellation more than 3 months before the time, the first hospitality service should be provided under the terms of the hospitality agreement, hereinafter called ‘the start date’, the customer is not obliged to make any payments to the hotel business.
- In the event of cancellation more than 2 months before the start date, the customer is obliged to pay 15% of the reservation value to the hotel business.
- In the event of cancellation more than 1 month before the start date, the customer is obliged to pay 35% of the reservation value to the hotel business.
- In the event of cancellation more than 14 days before the start date, the customer is obliged to pay 60% of the reservation value to the hotel business.
- In the event of cancellation more than 7 days before the start date, the customer is obliged to pay 85% of the reservation value to the hotel business.
- In the event of cancellation more than 7 days or less before the start date, the customer is obliged to pay 100% of the reservation value to the hotel business.
9.2.2 Individuals
If a reservation for accommodation alone, whether or not with breakfast included, was made for one more individuals then in the event of cancellation of the said reservation the following percentages of the reservation value apply that must be paid to the hospitality business by the customer. Cancellations up to 24 hours before arrival do not involve any costs.
9.3 Cancellation of restaurant/table reservation
9.3.1 Groups
If a reservation for a restaurant (table reservation) alone for a group was made, the following applies in the event of a cancellation of the said reservation:
- if a menu was agreed on:
• In the event of cancellation more than 14 days before the reserved time nothing will be charged;
• In the event of cancellation 14 days or less but more than 7 days before the reserved time, the customer will be charged 25% of the reservation value;
• In the event of cancellation 7 days or less before the reserved time, the customer will be charged 50% of the reservation value.
• In the event of cancellation 3 days or less before the reserved time, the customer will be charged 75% of the reservation value. - if a menu was not agreed on:
• In the event of cancellation more than two times 24 hours before the reserved time nothing will be charged;
• In the event of cancellation two times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value.
9.3.2 Individuals
If a reservation for a restaurant (table reservation) alone, for one or more individuals was made, the following applies in the event of a cancellation of the said reservation:
- if a menu was agreed on:
• In the event of cancellation more than four times 24 hours before the reserved time, nothing will be charged;
• In the event of cancellation four times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value. - if a menu was not agreed on:
• In the event of cancellation more than two times 24 hours before the reserved time, nothing will be charged;
• In the event of cancellation two times 24 hours or less before the reserved time, the customer will be charged 50% of the reservation value.
9.4 Cancellation of other hospitality agreements
9.4.1 For cancellations of any and all reservations that do not fall under articles 9.2 and 9.3 the following applies:
9.4.2 If a reservation was made for a group, the following applies in the event of a cancellation of the said reservation:
- In the event of cancellation more than 6 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is not obliged to make any payments to the hospitality business.
- In the event of cancellation more than 3 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 10% of the reservation value.
- In the event of cancellation more than 2 months before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 15% of the reservation value.
- In the event of cancellation more than 1 month before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hotel business 35% of the reservation value.
- In the event of cancellation more than 14 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 60% of the reservation value.
- In the event of cancellation more than 7 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 85% of the reservation value.
- In the event of cancellation 7 days or less before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 100% of the reservation value.
9.4.3 If a reservation was made for one or more individuals then the following applies to cancellation of the said reservation:
- In the event of cancellation more than 1 month before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is not obliged to make any payments to the hospitality business.
- In the event of cancellation more than 14 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 15 % of the reservation value.
- In the event of cancellation more than 7 days before the time when under the terms of the hospital agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 35% of the reservation value.
- In the event of cancellation more than 3 days before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 60% of the reservation value.
- In the event of cancellation more than 24 hours before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 85% of the reservation value.
- In the event of cancellation 24 hours or less before the time when under the terms of the hospitality agreement the first hospitality services should be provided, the customer is obliged to pay the hospitality business 100% of the reservation value.
9.5 Cancellation by the hospitality business
9.5.1 In consideration of the following the hospitality business is authorised to cancel a hospitality agreement, unless the customer has given written notice within seven days after the signing of the said hospitality agreement, requiring the hospitality business to waive its powers to cancel the agreement, provided the customer at the same time clearly states that he is also waiving his own powers to cancel the agreement.
9.5.2 If the hospitality business cancels a hospitality service, comprising the provision of food and beverages, articles 9.1.1 and 9.3.2 are equally applicable where customer is to be read as hospitality business.
9.5.3 If the hospitality business cancels a hospitality agreement other than intended in article 9.5.2., the articles 9.1.1 and 9.2.2. are equally applicable where customer is to be read as hospitality business.
9.5.4 The hospitality business is always authorised to cancel a hospitality agreement without payment of the aforementioned amounts if there are sufficient indications that the meeting to be held at the hospitality business in pursuance of the hospitality agreement is of such different nature than could be expected on the basis of the information supplied by the customer or on the basis of capacity of the customer or guests that the hospitality business would not have concluded the agreement had it been informed of the actual nature of the meeting. If the hospitality business relies on this authority after the relevant meeting has already started, then the customer is held to pay the hospitality serviced enjoyed thus far, however the payment obligation in respect of the remainder expires. The fee for enjoyed hospitality services is, as the occasion arises, calculated in a time proportionate manner.
9.5.5 Instead of exercising its right referred to in article 9.4.3, he hospitality business is authorised to impose further requirements for the course of the relevant meeting. If there are sufficient indications that these requirements are not being (or will not be) fulfilled, the hospitality business shall still be entitled to exercise the right as intended in article 9.5.4.
9.5.6 If and insofar as the hospitality business also acts as tour operator in the legal sense, the following applies with regard to travel agreements in the legal sense. The hospitality business may change the travel agreement on an essential point on account of compelling circumstances that are forthwith communicated to the traveller. Up to twenty days before the start of the trip the hospitality business can increase the travel sum in connection with changes in the transport costs, including the fuel charges, the payable duties or the applicable exchange rates. If the traveller rejects a change as intended above then the hospitality business can terminate the travel agreement.
ARTICLE 10 DEPOSIT AND INTERIM PAYMENT
10.1 The hospitality business can at any time require the customer to deposit or arrange to have deposited an amount with the hospitality business with a maximum of the reservation value minus any interim payments already made. Deposits received shall be subject to proper accounting procedures, serve exclusively as security for the hospitality business and definitely do not count as already realised turnover.
10.2 The hospitality business can always require interim payment for already provided hospitality services.
10.3 The hospitality business may recover all sums, the customer is liable to pay on any account out of the amount deposited in accordance with the previous articles. The surplus must forthwith be repaid to the customer by the hospitality business.
ARTICLE 11 TURNOVER GUARANTEE
11.1 If a turnover guarantee was issued, the customer is obliged to pay the hospitality business at least the sum determined in the turnover guarantee in respect of the relevant hospitality agreement.
ARTICLE 12 LIABILITY OF THE HOSPITALITY BUSINESS
12.1 The exclusion of liability in this article does not apply insofar as the hospitality business has received a payment from the insurance company or from another third party relating to the risk that has materialised.
12.2 Without prejudice to the provisions set forth in article 4.6 the hospitality business shall not be liable for damage to or loss of goods that were taken to the hospitality business by a guest who is staying there. The customer indemnifies the hospitality business against claims of guests in connection therewith. The provisions set forth here are not applicable to the extent that the damage or the loss can be blamed on intent or gross negligence of the hospitality business.
12.3 Without prejudice to the conditions in articles 12.7 and 12.8, the hospitality business 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 hospitality business is grossly at fault. This liability exclusion also applies in particular to damage resulting from consuming foods prepared or served by the hospitality business, and to damage resulting from computer-related problems. If imperative law only permits a less extensive liability restriction, that less extensive restriction shall apply.
12.4 The hospitality business is under no circumstances obliged to pay a higher sum in compensation than:
- the reservation value or, if that is more.
- the amount paid out by the hospitality business’s insurer to the hospitality business for the damage, or
- the compensation for the damage received from another third party.
12.5 The hospitality business is never liable for damage to or caused by vehicles belonging to the guest, except if and insofar as the damage is the direct result of the hospitality business’s intent or gross negligence.
12.6 The hospitality business 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 property or immoveable property, the hospitality business is looking after, holding on a long or short lease, hiring or owns in any other wat at the disposal of the hospitality business, except if and insofar as the damage is caused intentionally or the hospitality business is grossly at fault.
12.7 If the guest finds there has been any damage to the goods placed in safekeeping, in exchange for payment as referred to in article 4.6, the hospitality business is obliged to reimburse the guest for the damage to these goods, resulting from their being damaged or lost. Compensation is never due in connection with other goods that are inside goods, presented for safekeeping.
12.8 If the hospitality business takes receipt of goods or if goods are deposited, left in safe keeping and/or left behind in any way, anywhere or by anyone without the hospitality business charging any money for this, the hospitality business is never liable for damage to or in connection with those goods, however this may arise, unless the hospitality business intentionally inflicted the said damage or if the damage is the result of intent or gross negligence on the part of the hospitality business.
12.9 The customer (not being a natural person and not acting in his professional capacity) indemnifies the hospitality business in full against any claim, however named, the guest and/or any third party may assert against the hospitality business, if and insofar as this claim has any connection in the broadest sense with any (hospitality) services to be provided or which has been provided by the hospitality business under the terms of any agreement with the customer or has any connection with the accommodation, in which such (hospitality) services were provided or were to be provided.
12.10 The indemnity against liability referred to in article 12.0 also applies if the hospitality agreement with the customer and/or the guest is cancelled in full or in part for whatever reason.
ARTICLE 13 LIABILITY OF THE GUEST AND/OR CUSTOMER
13.1 The customer and the guest and anyone accompanying them are severally liable for any and alle damages that are and/or shall be inflicted on the hospitality business and/or a third party as a direct or indirect result of an imputable failure to comply (culpable deficiency) and/or an unlawful act, including a violation of the internal rules, committed by the customer and/or anyone accompanying them, as well as for all for all damage caused by any animal and/or any substance and/or any article of which they are the holder or that falls under their supervision.
ARTICLE 14 SETTLEMENT AND PAYMENT
14.1 The customer is liable to pay the price stipulated in the hospitality agreement, or, insofar as the hospitality agreement was signed more than three months before the time when the hospitality services, as stated in the agreement have to be provided, the prices which apply at the time that the hospitality services has/have to be provided, including the listed prices that are displayed by the hospitality business in a location visible to the guest or handed to the customer/guest, if necessary at the request of said customer/guest. VAT-rate changes will at all times passed on to the customer.
14.2 A list should be published in a manner visible to the customer if it is visible in the commonly accessible areas within the hospitality business.
14.3 The hospitality business can apply an extra charge for special services, including the use of a cloakroom, garage, safe-deposit box, laundry and dry cleaning, telephone, telex, TV rental, etc.,
14.4 All accounts payable, including accounts relating to cancellation or no-show, are due for payment by the customer/guest at the time these are presented to him. The customer is responsible for paying in cash, unless agreed otherwise in writing or agreed otherwise.
14.5 If an invoice is sent out for an account below E 150, pursuant to the conditions in the fourth paragraph, the hospitality business may add E 15 for administration costs. The stipulations in this article apply accordingly to that sum.
14.6 The guest and the customer are jointly and severally liable for any and all amounts that one of them or both of them are liable to pay to the hospitality business on any account whatsoever. Neither of them may claim benefit of warranty. Except if stipulated otherwise, hospitality agreements are considered to be concluded jointly on behalf of every guest. By showing up, the guest acknowledges that the customer was competent to represent him in concluding the relevant hospitality agreement.
14.7 As long as the guest and/or customer has not complied with all his obligations to the hospitality business, the latter is entitled to take possession of and keep any and all goods that the customer brought along to the hospitality business until the customer has complied, to the satisfaction of the hospitality business regarding all his obligations to the hospitality business. When the occasion arises, the hospitality business has a right of lien besides a right of retention on the relevant goods.
14.8 If payment other than in cash was agreed, all invoice for any amount, must be paid to the hospitality business by the customer within fourteen days after the date of the invoice. If an invoice is sent, the hospital business is always authorised to charge a late payment surcharge of 2%, which expires if the customer pays the invoice within fourteen days.
14.9 If and insofar as timely payment fails to materialise, 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 hospitality for all, both judicial and extrajudicial, costs, associated with the collection. The set level of extrajudicial collection costs is at least 15% of the principal amount owed, with a minimum of E 100, increased by VAT due on that amount.
14.11 Furthermore, if the customer is in default he will be charged interest at 2% above the legal interest rate. When the interest due is calculated, part of a month is counted as a full month.
14.12 If the hospitality business has goods in its possession as referred to in article 14.7 and the customer, whose goods the hospitality business has in its possession has been in default for a period of three months, the hospitality business is entitled to sell these good publicly or privately and to recover its costs form the proceeds. The costs associated with the sale are also at the expense of the customer and the hospitality business can also recover these from the proceeds. After the hospitality business has recovered everything it is owed, any remaining money shall be paid to the customer.
14.13 Each and every payment shall, regardless of any note or comments made with the said payment by the customer, be considered as serving to reduce the debt of the customer to the hospitality business in the following order:
- the costs of execution;
- the judicial and extrajudicial collection costs;
- the interest;
- the damages;
- the principal sum
14.14 Payment shall take place in euros. If the hospitality business accepts foreign currencies, the market exchange rate at the time of payment shall apply. The hospitality business may charge administration costs at a maximum of 10% of the amount offered in foreign currency. The hospitality business can effectuate this by revising the market rate by a maximum of 10%.
14.15 The hospitality business is never obliged to accept cheques, giro cheques and other similar means of payment and may impose conditions on the acceptance of these kinds of other means of payment.
ARTICLE 15 FORCE MAJEURE
15.1 Each and every foreseen or unforeseen, foreseeable or unforeseeable circumstance that hinders the implementation of the hospitality agreement by the hospitality business to such an extent that the implementation of the hospitality agreement becomes impossible or burdensome, shall be qualified as force majeure on the part of the hospitality business which implies that a potential thus occurring shortcoming of the hospitality business cannot be blamed on the same.
15.2 Such circumstances are also understood to include such circumstances involving persons and/or services and/or institutions, the hospitality business is planning to use in fulfilling the hospitality agreement, as well as everything that applies to the aforementioned in terms of force majeure or reasons for postponement or cancellation, as well as non-fulfilment by the aforementioned party.
15.3 If one of the parties to a hospitality agreement is unable to comply with an obligation by virtue of the said hospitality agreement, this party is obliged to forthwith inform the other party accordingly.
ARTICLE 16 LOST AND FOUND
16.1 Objects lost or left behind in the building and appurtenances of the hospitality business that are found by the guest must forthwith be handed in to the hospitality business.
16.2 Any objects which the rightful owner has not claimed from the hospitality business within one year after these being handed in become the property of the hospitality business.
16.3 If the hospitality business sends the guest any objects, left behind by the guest, this shall take place entirely at the risk and expense of the guest. The hospitality business is never obliged to send such objects.
ARTICLE 17 CORKAGE
17.1 If the guest and/or customer consumes a drink on the premises of a hospitality business and the drink has not been provided by that hospitality business, the customer has to pay corkage for each consumed bottle.
17.2 If the guest and/or customer consume food on the premises of a hospitality business and the food has not been provided by that hospitality business, the customer has to pay a food charge.
17.3 The amounts referred to in articles 17.1 and 17.2 shall be agreed in advance, or in the absence of prior agreement, be fixed at a reasonable level by the hospitality business.
ARTICLE 18 APPICABLE LAW AND DISPUTES
Dutch law is exclusively applicable to hospitality agreements.
18.2 Any dispute between the hospitality business and a customer (not being a natural person and not acting in his professional capacity) shall be exclusively subject to the jurisdiction of the court in the hospitality business’s domicile, unless another court is competent under the strictly binding provisions of the law and without prejudice to the authority of the hospitality business to settle the dispute through the court that would have been competent in the absence of this condition.
18.3 If and as soon as an arbitration board is established under the auspices of Koninklijke Horeca Nederland and any other organisations that may be involved, the disputes, the arbitration board is set up to mediate, shall be settled in accordance with the regulations drawn up for this purpose.
18.4 All claims from the customer become barred after one year has elapsed from the time, they originated.
18.5 The invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity of all other provisions. If a provision of these general terms and conditions appears to be invalid, for any reason whatsoever, then the parties are deemed to have stipulated a valid alternative provision that best approaches the scope and application of the invalid provision.