Uniform Conditions for the Hospitality Industry
Uniform Conditions for the Hospitality Industry
The Uniform Conditions for the Hotel and Catering Industry (UVH)
are the conditions under which catering establishments established in the Netherlands, such as hotels, restaurants, cafés and related businesses (including catering companies, party service companies, etc.), provide catering services and conclude catering agreements. The UVH are filed with the District Court and the Chamber of Commerce and Industry in The Hague.
Article 1 – Definitions
In the UVH and in the offers and agreements to which the UVH applies, the following words shall have the following meanings.
1.1 Catering company
The natural or legal person or company that makes its business of providing catering services and is a member of the Royal Dutch Hospitality Association.
1.2 Host
The person who represents a catering company in concluding and executing catering agreements.
1.3 Providing catering services
The provision of accommodation and/or food and/or drinks and/or the making available of (hall) space and/or grounds by a catering establishment, all with all associated activities and services, and all in the broadest sense of the word.
1.4 Customer
The natural or legal person or company that has entered into a catering agreement with a catering company.
1.5 Guest
The natural person(s) to whom one or more catering services must be provided on the basis of a catering agreement concluded with the customer. Where the UVH refers to guest or customer, this refers to both guest and customer unless it necessarily follows from the content of the provision and its scope that only one of the two can be intended.
1.6 Catering agreement
An agreement between a catering establishment and a customer concerning one or more catering services to be provided by the catering establishment at a price to be paid by the customer. Instead of the term catering agreement, the term reservation is sometimes used.
1.7 Hotel business
The catering establishment where the provision of catering services consists mainly or exclusively of providing accommodation.
1.8 Reservation value
(the value of the catering agreement) The total expected turnover of the catering company, including service charges, (tourist tax) and VAT in respect of a catering agreement concluded with a customer, which expectation is based on the averages applicable within that catering company.
1.9 Royal Dutch Hospitality Association
The Royal Association of Entrepreneurs in the Hospitality Industry and Related Industries "Horeca Nederland" or its possible legal successor.
1.10 Cancellation
The written notification made 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 notification made by the catering establishment to the customer that one or more agreed catering services will not be provided in whole or in part.
1.11 No-show
Failure by a guest to use a catering service to be provided under a catering agreement without cancellation.
1.12 Group
A group of 10 or more persons to whom one or more catering services must be provided by a catering establishment under one or more catering agreements that must be regarded as coherent.
1.13 Individuals
Any person who does not belong to a group according to the above definition.
1.14 Goods
All goods, including money, monetary instruments and negotiable instruments.
1.15 Turnover guarantee
A written statement from the customer that the catering company will realise a minimum amount of turnover in respect of one or more catering agreements. Article titles are for reference purposes only. No rights can be derived from them.
Article 2 - Applicability
2.1 The UVH apply to the conclusion and content of all catering agreements, as well as to all offers regarding the conclusion of these catering agreements, to the exclusion of all other general terms and conditions. If other general terms and conditions apply in addition, the UVH shall prevail in the event of a conflict.
2.2 Deviation from the UVH is only possible in writing and on a case-by-case basis.
2.3 The UVH also apply to all natural and legal persons that the catering company uses or has used when concluding and/or executing a catering agreement or another agreement or when operating the catering company.
2.4 Once the UVH have been declared legally applicable to a specific catering agreement, the latest applicable version of the UVH will be deemed applicable to all subsequent catering agreements between the same parties, unless otherwise agreed in writing. Uniform Conditions for the Catering Industry (UVH)
Article 3 – Establishment of catering agreements
3.1 A catering establishment may at any time and for any reason refuse to enter into a catering agreement, unless such refusal is made solely on one or more grounds stated in Article 429 quater of the Criminal Code (discrimination).
3.2 All offers made by a catering company with regard to the conclusion of a catering agreement are without obligation and subject to the proviso "while stocks (or capacity) last". If the catering company invokes the said proviso within a reasonable period to be determined depending on the circumstances after acceptance by the customer, the intended catering agreement is deemed not to have been concluded.
3.3 If the catering company has granted the customer (option holder) an option right, this right cannot be revoked, except if and insofar as another potential customer makes the catering company an offer to conclude a catering agreement regarding all or part of the catering services outstanding in the option. The option holder must then be informed of this offer by the catering company, after which the option holder must indicate whether or not he wishes to make use of the option right. If the option holder does not indicate that he wishes to make use of the option right, the option right will lapse. An option right can only be granted in writing.
3.4 Catering agreements for (a) guest(s) entered into by intermediaries (cargadoors, travel agencies, other catering companies, etc.), whether or not in the name of their relationship(s), are deemed to have been concluded partly for the account and risk of these intermediaries. The catering company does not owe any commission or provision, of whatever name, to intermediaries, unless expressly agreed otherwise in writing. Full or partial payment of the amount owed by the guest will release the intermediary to the same extent.
Article 4 - General obligations of the catering company
4.1 The obligations mentioned in this article apply to every catering company. All obligations that arise from the special nature of the catering company and the nature of the catering services to be provided are included in the following articles.
4.2 In the event that the special arrangement referred to in Articles 5 et seq. deviates from a general provision in Articles 4.3 to 4.7, the special arrangement shall apply.
4.3 Without prejudice to the provisions of the following articles, the catering company is obliged under the catering agreement to provide the agreed catering services at the agreed times in the manner customary in that catering company.
4.4 The obligation referred to in Article 4.3 does not apply:
a. in the event of force majeure on the part of the catering company as referred to in Article 15;
b. if the guest does not appear or appears more than half an hour late;
c. if the customer does not pay the security deposit/interim payment referred to in Article 10 on time;
d. if the customer, despite a request to that effect, does not provide a turnover guarantee in a timely manner;
e. if the customer in any other way fails to fully comply with all his obligations towards the catering company for whatever reason.
4.5 The catering company is not obliged to receive and/or store any property belonging to the guest.
4.6 If the catering establishment charges the guest any amount for receiving and/or storing goods, the catering establishment must take care of those goods as a good father would, without prejudice to the provisions of Article 12 of the Uniform Conditions for the Catering Industry (UVH).
4.7 The catering company is never obliged to admit any pet of the guest and may attach conditions to admission.
Article 5 - Obligations of the hotel company
5.1 The hotel company is obliged to provide the guest with accommodation of the quality customary in its hotel during the agreed period, taking into account the provisions of the third paragraph.
5.2 The hotel company is also obliged to be able to provide the associated catering services customary in its hotel and to provide the facilities customary there.
5.3 The accommodation must be available to the guest from 2:00 p.m. on the day of arrival until 12:00 p.m. on the day of departure.
5.4 The hotel company must hang up or affix or place the house rules for the guest to be informed of in a clearly visible place, or provide the house rules to the guest in writing. The guest is obliged to comply with the house rules.
5.5 The hotel company is entitled to terminate the provision of catering services to a guest at any time without notice if the guest repeatedly violates the house rules or otherwise behaves in such a way that order and peace in the catering company and/or the normal operation thereof can be or is disturbed. The guest must then leave the hotel at the first request. The hotel company may only exercise its present authority if the nature and seriousness of the violations committed by the guest give sufficient reason to do so in the reasonable opinion of the hotel company.
5.6 Unless otherwise agreed, the hotel company is entitled to consider the reservation as cancelled if the guest has not reported to him by 6 p.m. on the first day of the reservation, without prejudice to the provisions of Article 9.
5.7 The hotel company is entitled to request the guest to accept accommodation other than that which should be made available according to the catering agreement, unless such a request is clearly unfair and must be considered too inconvenient for the guest. In the latter case, the guest/customer has the right to terminate the catering agreement to which the aforementioned request of the catering company relates with immediate effect, without prejudice to his obligations under other catering agreements. If the catering company saves expenses by making accommodation available other than that which should be made available according to the catering agreement, the guest and/or customer is entitled to the amount of that saving. For the rest, the catering company will never be liable for any damages.
Article 6 – Obligations of the café company
6.1 The café company is obliged to provide the guest with drinks that it has in stock upon request. In addition, the café company must be able to provide the catering services customary in its company.
6.2 The cafe company is entitled to refrain from providing catering services or to discontinue them at any time if the guest does not behave in accordance with the position and operation of his cafe. The cafe company may, among other things, impose requirements regarding the appearance of the guest. The guest must leave the cafe at the first request.
Article 7 - Cancellations
7.1 Cancellation by customers, general
7.1.1 The customer is not entitled to cancel a catering agreement, unless he simultaneously irrevocably offers to pay the amounts specified below. Every cancellation is deemed to include such an offer. Such an offer is deemed to have been accepted if the catering company does not reject the offer without delay. Cancellation must be made in writing and dated. The customer cannot derive any rights from an oral cancellation. The provisions of article 6 apply without prejudice to the provisions of other articles.
7.1.2 The catering company may declare to the customer, at the latest one month before the first catering service is to be provided on the basis of the relevant catering agreement, that it will regard certain individuals as a group. All provisions for groups shall then apply to those persons.
7.1.3 The provisions of Articles 13.1 and 14.6 also apply to cancellations.
7.1.4 In case of no-show, the customer will in all cases be obliged to pay the reservation value. Uniform Conditions for the Hotel and Catering Industry (UVH)
7.1.5 If not all agreed catering services are cancelled, the following provisions apply pro rata to the cancelled catering services.
7.1.6 If one or more agreed catering services are cancelled in whole or in part, the terms in the following articles will be increased by 4 months if the reservation value of the cancelled catering service(s) exceeds the correspondingly calculated value of the other catering services that the catering establishment could have provided in the period in which the cancelled catering services should have been provided.
7.1.7 Amounts that the catering company has already become liable to pay to third parties at the time of cancellation in view of the cancelled catering agreement must at all times be fully reimbursed by the customer to the catering company, provided that the catering company has not acted unreasonably by entering into the relevant obligations. The amounts in question shall be deducted from the reservation value referred to in the following provisions.
7.2 Cancellation of hotel accommodation/lodging
7.2.1 Groups
If a reservation for hotel accommodation only, with or without breakfast, has been made for a group, the following applies to the cancellation of that reservation.
a. In the event of cancellation more than 3 months before the time at which the first catering service must be provided under the catering agreement, hereinafter referred to as: "the commencement date", the customer is not obliged to pay any compensation to the hotel company.
b. In case of cancellation more than 2 months before the start date, the customer is obliged to pay 15% of the reservation value to the hotel company.
c. In case of cancellation more than 1 month before the start date, the customer is obliged to pay 35% of the reservation value to the hotel company.
d. In case of cancellation more than 14 days before the commencement date, the customer is obliged to pay 60% of the reservation value to the hotel company.
e. In case of cancellation more than 7 days before the start date, the customer is obliged to pay 85% of the reservation value to the hotel company.
f. In case of cancellation 7 days or less before the commencement date, the customer is obliged to pay 100% of the reservation value to the hotel company.
7.2.2 Individuals
If a reservation for hotel accommodation only, with or without breakfast, has been made for one or more individuals, the following applies to the cancellation of that reservation:
a. In case of cancellation more than 1 month before the commencement date, the customer is not obliged to pay any amount to the hotel company.
b. In case of cancellation more than 14 days before the start date, the customer is obliged to pay 15% of the reservation value to the hotel company.
c. 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 company.
d. In case of cancellation more than 3 days before the start date, the customer is obliged to pay 60% of the reservation value to the hotel company.
e. In case of cancellation more than 24 hours before the start date, the customer is obliged to pay 85% of the reservation value to the hotel company.
f. In case of cancellation 24 hours or less before the start date, the customer is obliged to pay 100% of the reservation value to the hotel company.
7.5 Cancellation by the catering company
7.5.1 The catering company is authorised to cancel a catering agreement, subject to the following, unless the customer has given written notice within seven days after the conclusion of the catering agreement in question that he wishes the catering company to waive its cancellation authority, provided that the customer has also unambiguously stated that he waives his own cancellation authority.
7.5.2 If the catering company cancels a catering agreement for the provision of food and accompanying drinks, Articles 6.1.1 apply accordingly, with the customer and catering company being interchanged.
7.5.3 If the catering company cancels a catering agreement other than that referred to in Article 6.5.2, Articles 6.1.1 and 6.2.2 apply accordingly, with the customer and catering company being interchanged.
7.5.4 The catering company is at all times entitled to cancel a catering agreement without being obliged to pay the amounts referred to above, if there are sufficient indications that the meeting to be held in the catering company on the basis of that catering agreement is of such a different nature than could be expected on the basis of the announcement by the customer or on the basis of the capacity of customer or guests, that the catering company would not have concluded the agreement if it had been aware of the actual nature of the meeting. If the catering company exercises this authority after the meeting in question has started, the customer is obliged to pay for the catering services received up to that time, but his payment obligation for the remainder lapses. The compensation for catering services received is calculated in proportion to the time, where applicable.
7.5.5 The catering company is entitled, instead of exercising its authority referred to in Article 6.5.4, to impose additional requirements regarding the course of the meeting in question. If there are sufficient indications that these requirements are not (or will not be) complied with, the catering company is still entitled to exercise its authority referred to in Article 6.5.4.
7.5.6 If and to the extent that the catering company also acts as a tour operator within the meaning of the law, the following applies with regard to travel agreements within the meaning of the law. The catering company may change the travel agreement on a material point due to important circumstances that are immediately communicated to the traveller. The catering company may also change the travel agreement other than on a material point due to important circumstances that are immediately communicated to the traveller. Up to twenty days before the start of the trip, the catering company may increase the travel sum in connection with changes in the transport costs including fuel costs, the levies due or the applicable exchange rates. If the traveller rejects a change as referred to above, the catering company may terminate the travel agreement.
Article 8 - Security deposit and interim payment
8.1 The catering company may at any time require the customer to deposit or have deposited with the catering company a security deposit amounting to a maximum of the reservation value minus any interim payments already made. Received security deposits are properly administered in accordance with the Uniform Conditions for the Catering Industry (UVH), serve exclusively as security for the catering company and are expressly not considered as turnover already achieved.
8.2 The catering company may request interim payment for catering services already provided.
8.3 The catering company may recover from the amount deposited in accordance with the preceding provisions all that the customer owes to him for whatever reason. The surplus must be repaid to the customer by the catering company without delay.
Article 9 - Turnover guarantee
9.1 If a turnover guarantee has been issued, the customer is obliged to pay the catering company at least the amount specified in the turnover guarantee in respect of the relevant catering agreement(s).
Article 10 – Liability of the catering company
10.1 The exclusion of liability in this article does not apply to the extent that the catering company has received compensation from an insurance company or another third party in respect of the risk that has materialised.
10.2 Without prejudice to the provisions of Article 4.6, the hotel company is not liable for damage to or loss of goods brought to the hotel by a guest who has taken up residence there. The customer indemnifies the hotel company against claims from guests in this regard. The provisions herein do not apply insofar as the damage or loss is due to intent or gross negligence on the part of the hotel company.
10.3 Without prejudice to the provisions of Articles 9.7 and 9.8, the catering company shall never be liable for any damage whatsoever suffered by the customer, the guest and/or third parties unless the damage is the direct result of intent or gross negligence on the part of the catering company. This exclusion of liability applies in particular to damage resulting from the consumption of food prepared or served by the catering company and to damage resulting from automation problems. If mandatory law only permits a less far-reaching limitation of liability, that less far-reaching limitation shall apply.
10.4 Under no circumstances is the catering company obliged to pay a higher amount in compensation than:
1. the reservation value or, if higher.
2a. the amount paid by the catering establishment's insurer to the catering establishment in respect of the damage, or;
2b. the compensation received in respect of the damage from another third party.
10.5 The catering company is never liable for damage caused to or with vehicles of the guest, except if and to the extent that the damage is the direct result of intent or gross negligence on the part of the catering company.
10.6 The catering company shall never be liable for damage, direct or indirect, to anyone or anything whatsoever, arising as a direct or indirect result of any defect or any quality or circumstance to, in or on any movable or immovable property of which the catering company is the holder, (hereditary) lessee, tenant or owner or which is otherwise at the disposal of the catering company, except if and to the extent that the damage is the direct result of intent or gross negligence on the part of the catering company.
10.7 If the guest suffers damage to the goods given in custody, for which a fee as referred to in article 4.6 is charged, the catering company is obliged to compensate for the damage to these goods as a result of damage or loss. Compensation is never due for other goods present in the goods given. Uniform Conditions for the Hotel and Catering Industry (UVH)
10.8 If the catering company receives goods or if goods are deposited, stored and/or left behind in any way whatsoever, anywhere, by anyone, without the catering company charging any compensation for this, the catering company shall never be liable for damage to or in connection with those goods, however caused, unless the catering company has deliberately caused this damage, or the damage is the result of gross negligence on the part of the catering company.
10.9 The customer (not being a natural person who is not acting in the exercise of a profession or business) fully indemnifies the catering company against any claim, of whatever name, which the guest and/or any third party may assert against the catering company, if and insofar as this claim can be related in the broadest sense to any (catering) service to be provided or provided by the catering company under any agreement with the customer or to the accommodation in which such (catering) service was provided or had to be provided.
10.10 The indemnity obligation referred to in Article 9.9 also applies if the catering agreement with the customer and/or the guest has been terminated in whole or in part for any reason whatsoever.
Article 11 Liability of the guest and/or customer
11.1 The customer and the guest and those accompanying them are jointly and severally liable for all damage that has occurred and/or will occur to the catering establishment and/or any third party as a direct or indirect result of non-performance (attributable shortcoming) and/or unlawful act, including 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 item of which they are the holder or which is under their supervision.
Article 12 - Settlement and payment
12.1 The customer owes the price specified in the catering agreement or, insofar as the catering agreement was concluded more than three months before the time at which the catering services to be provided under that agreement must be provided, the prices applicable at the time the catering service(s) (must) be provided, which also includes the prices stated on lists which are displayed by the catering company in a place visible to the guest or are included in a list which is handed over to the customer/guest, if necessary at his/her request. Changes in the VAT rate will always be passed on to the customer. A list is deemed to be displayed in a place visible to the guest if it is visible in the normally accessible areas of the catering company. For special services, such as the use of a cloakroom, garage, safe, laundry, telephone, telex, TV rental, etc., the catering company may charge an additional fee.
12.2 All invoices, including invoices for cancellation or no-show, are due by the customer and/or guest at the time they are presented to him. The customer must ensure cash payment unless otherwise agreed in writing or unless otherwise agreed.
12.3 If an invoice is sent for an amount lower than ? ? ? 300,-- pursuant to the provisions of the fourth paragraph, the catering company may additionally charge ? ? ? 25,-- in administration costs. The provisions of this article apply accordingly to that amount.
12.4 The guest and the customer are jointly and severally liable for all amounts that one or both of them owe to the catering company for whatever reason. Neither of them can invoke any privilege of execution. Catering agreements are deemed to have been concluded on behalf of each guest, unless otherwise agreed. By appearing, the guest indicates that the customer was authorized to represent him when concluding the catering agreement in question. Uniform Conditions for the Catering Industry (UVH)
12.5 As long as the guest and/or customer has not fully met all his obligations towards the catering company, the catering company is entitled to take and keep all goods brought to the catering company by the guest and/or customer, until the guest and/or customer has met all his obligations towards the catering company to the satisfaction of the catering company. In addition to a right of retention, the catering company is entitled to a lien on the goods in question, if applicable.
12.6 If payment other than in cash has been agreed, all invoices, for whatever amount, must be paid by the customer to the catering company within fourteen days of the invoice date. If an invoice is sent, the catering company is at all times entitled to charge a credit restriction surcharge of 2% of the invoice amount, which will lapse if the customer pays the invoice within fourteen days.
12.7 If and to the extent that timely payment is not made, the customer will be in default without any notice of default being required.
12.8 If the customer is in default, he must reimburse the catering company for all costs incurred in the collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal amount due with a minimum of ? ? ? 200,--, all to be increased by the VAT due thereon
12.9 In addition, if the customer is in default, he owes an amount of interest which is 2% above the statutory interest. A part of a month is counted as a whole month when calculating the interest due.
12.10 If the catering company has goods as referred to in article 11.5 in its possession and the customer from whom the catering company has received the goods is in default for three months, the catering company is entitled to sell these goods publicly or privately and to recover the proceeds thereof. The costs associated with the sale shall also be borne by the customer and the catering company may also recover these from the proceeds of the sale. Any amount remaining after the catering company has recovered the goods shall be paid to the customer.
12.11 Every payment, regardless of any note or comment made by the customer with that payment, will be deemed to be applied to the customer's debt to the catering company in the following order:
1. the costs of execution;
2. the judicial and extrajudicial collection costs;
3. of rent;
4. the damage;
5. the principal sum.
12.12 Payment is made in Dutch currency. If the catering company accepts foreign payment methods, the market rate applicable at the time of payment will apply. The catering company may charge an amount by way of administration costs that corresponds to a maximum of 10% of the amount offered in foreign currency. The catering company can achieve this by adjusting the applicable market rate by a maximum of 10%.
12.13 The catering company is never obliged to accept cheques, giro payment cards and other such means of payment and may attach conditions to the acceptance of such means of payment. The same applies to other means of payment not mentioned here.
Article 13 – Force Majeure
13.1 Force majeure for the catering company, which means that any shortcoming caused by it cannot be attributed to the catering company, shall be deemed to be any foreseeable or unforeseen, foreseeable or unforeseeable circumstance that makes the execution of the catering agreement by the catering company so difficult that the execution of the catering agreement becomes impossible or difficult.
13.2 Such circumstances also include such circumstances involving persons and/or services and/or institutions that the catering company wishes to use in the performance of the catering agreement, as well as anything that applies to the aforementioned as force majeure or a suspensive or resolutive condition, as well as default by the aforementioned.
13.3 If one of the parties to a catering agreement is unable to fulfil any obligation under that catering agreement, he is obliged to inform the other party of this as soon as possible.
Article 14 – Lost and found
14.1 Any objects lost or left behind in the building and its appurtenances of the catering establishment and found by the guest must be returned to the catering establishment by the guest as soon as possible.
14.2 The catering company shall acquire ownership of any objects whose rightful owner has not reported to the catering company within one year of their return.
14.3 If the catering company sends objects left behind by the guest to the guest, this will be done entirely at the guest's expense and risk. The catering company is never obliged to send.
Article 15 – Applicable law and disputes
Dutch law applies exclusively to catering agreements.
15.1 In the event of disputes between the catering establishment and a customer (other than a natural person who is not acting in the exercise of a profession or business), the competent court in the place of residence of the catering establishment shall have exclusive jurisdiction, unless another court has jurisdiction by virtue of a mandatory statutory provision and without prejudice to the authority of the catering establishment to have the dispute settled by the court that would have been competent in the absence of this provision.
15.2 If and as soon as a disputes committee has been established under the auspices of Koninklijk Horeca Nederland and any other organisations involved, the disputes for the settlement of which the disputes committee has been established will be settled in accordance with the regulations drawn up for this purpose.
15.3 All claims of the customer shall expire after one year from the moment at which they arose.
15.4 The invalidity of one or more of the provisions in these general terms and conditions does not affect the validity of all other provisions. If a provision in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed on a valid replacement provision that approximates the invalid provision as closely as possible in purport and scope.