Skip to contentSkip to footer
Hotel Schiphol
Hotel name
Hotel Schiphol
Address
Rijksweg A 4 Nr.3
Zipcode and city
2132MA Hoofddorp - Schiphol
Location
Open in Google Maps
Contact

UNIFORM CONDITIONS FOR THE HOTEL AND CATERING INDUSRTY: MOTEL HAARLEMMERMEER B.V.

The Uniform Conditions for the Hotel and Catering Industry (UCHCI) have been filed with the District Court and the Chamber of Commerce and Industry in The Hague

Section 1 Definitions

In the UCHCI, the definitions of the following words are stated below. This also applies to the offers and agreements to which the general terms & conditions apply.

1.1 Catering Industry
The natural or legal person or company that makes his business from providing catering services is a member of the Royal Catering Industry in the Netherlands.

1.2 Host
The person who represents the catering establishment when concluding and executing catering contracts.

1.3 Providing catering services
Catering services as provided by the catering establishment in terms of overnight stays and/or food and/or beverages and/or the provision of conference rooms and hall spaces and/or grounds by the catering establishment, all with associated activities and services, and everything in the broadest sense of word.

1.4 Customer
The natural of legal person or company that has concluded a catering agreement with the catering establishment.

1.5 Guest
The natural person (s) to whom one or more catering service (s) must be provided on the basis of a catering agreement concluded with the customer. Where guest, or customer, are used in the UCHCI, both guest and customer are meant, unless it necessarily follows from the content of the provision and its purport that only one of these can be meant.

1.6 Catering 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. The term reservation is sometimes used instead of the catering agreement.

1.7 Catering business
The catering establishment where the provision of catering services consists mainly or exclusively of providing overnight stays.

1.8 Restaurant business

The catering establishment where the provision of catering services consists mainly or exclusively of providing food and accompanying beverages.

1.9 Café business

The catering establishment where the provision of catering services consists mainly or exclusively of providing drinks.

1.10 Room rental company

The catering establishment where the provision of catering services consists mainly or exclusively of making conference rooms and/or hall space and/or grounds available.

1.11 Reservation value (the value of the catering agreement)

The total expected turnover of the catering business including service charge, tourist tax and VAT. With regard to a catering agreement concluded with a customer, which expectation is based on the averages applicable within that catering company.

1.12 Royal Catering Industry in the Netherlands

The Royal Association of Entrepreneurs in the Hotel and Catering Industry "Horeca Nederland" or any legal successor thereof.

1.13 Cancellation

The written notification 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 statement from the catering establishment to the customer that one or more agreed catering services are wholly or partially will not be provided.

1.14 No-show

Failure to use a catering service without cancellation by a guest provided by the catering company based on the catering agreement.

1.15 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 are to be considered coherent.

1.16 Individual

Any person who does not belong to a group according to the above definition.

1.17 Goods

All goods, including money, monetary values and monetary papers.

1.18 Corkage

The amount due in respect of consuming beverages not provided by that catering company in the premises of a catering business.

1.19 Kitchen money

The amount due is respect of consuming food not provided by that catering company in the premises of a catering business.

1.20 Turnover guarantee

A written statement from the customer that the catering company will realize at least a certain amount of turnover in respect of one or more catering agreements.

Article titles are for reference only. No right can be derived from it.

Section 2 applicability

2.1 With the exclusion of all other general terms and conditions, the UCHCI apply to the establishment and content of all catering agreements, as well as to all offers relating to the conclusion of these catering agreements. If, in addition, other general terms and conditions apply, the UCHCI will prevail in the event of a conflict.

2.2 Deviation from the UCHCI is only possible in writing and on a case-by-case basis.

2.3 The UCHCI also serve to benefit all natural and legal persons that the catering establishment uses or has made when concluding and / or executing a catering agreement or other agreement or when operating the catering establishment.

2.4 Once the UCHCI has been declared legally applicable to a particular catering agreement, the latest valid version of the UCHCI will be deemed applicable to all subsequent catering agreements between the same parties, unless agreed otherwise in writing.

Section 3 formation of catering agreements

3.1 A catering establishment may at any time refuse to conclude a catering agreement for any reason, except if such a refusal occurs purely on one or more grounds stated in Article 429 quater Penal Code (discrimination).

3.2 All offers made by a catering establishment with regard to the conclusion of a catering agreement are without obligation and subject to the proviso "as long as stock (or capacity) lasts". If the catering establishment invokes the aforementioned reservation within a reasonable period to be determined according to the circumstances, the intended catering agreement is deemed not to have been concluded.

3.3 If the catering establishment has granted option rights to the customer (option holder), this right cannot be revoked, with an exception if and insofar as another potential customer makes an offer to the catering establishment to conclude a catering agreement in respect of all or part of the option outstanding catering services. The option holder must then be informed of this offer by the catering establishment, after which the option holder must indicate whether or not he wishes to make us the options rights. If the option holder does not indicate that he wishes to make use of these rights, they will lapse. Option rights can only be granted in writing.

3.4 Catering contracts for (a) guest (s) entered into by intermediaries (shipbrokers, travel agencies, other catering companies, etc.), whether or not in the name of their relationship (s), are deemed to have been concluded at the expense and risk of these intermediaries. The catering establishment does not owe any commission, by whatever name, to intermediaries, unless expressly agreed otherwise in writing. Payment in full or in part of the amount due by the guest will release the intermediary to the same extent.

Section 4 general obligations of the catering establishment

4.1 The obligations referred to in this article apply to every catering company. All obligations arising from the special nature of the catering business 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 as referred to in Articles 5 et seq. deviates from a general provision in Article 4.3 to 4.7, the special arrangement applies.

4.3 The catering company is, without prejudice to the provisions of the following articles, obliged by the catering agreement to provide the agreed catering services at the agreed times in the manner customary in that catering company.

4.4 The obligations stated in section 4.3 do not apply:

  • In case of force majeure on the part of the hospitality business as referred to in section 15;
  • If the guest does not arrive at all or more than half an hour late;
  • If the customer fails to pay the deposit / interim payment referred to in Article 10 on time;
  • If the customer, despite a request to that effect, does not provide a turnover guarantee in time;
  • If the customer in any other way does not fully comply with all his obligations which he has towards the hospitality business for whatever reason.

4.5 The catering establishment is not obliged to receive and/or keep any personal belongings from the guest.

4.6 If the catering establishment charges any amount to the guest for the receipt and/or safekeeping of personal belongings, the catering establishment must pay very close attention to those belongings, without prejudice to the provisions of section 12.

4.7 The catering establishment is never obliged to admit any pet of the guest and may affix conditions to admission.

Section 5 general obligations of the hotel company

5.1 The hotel company is obliged to provide the guest with accommodation of the usual quality within his hotel for the agreed period of time, with due observance of the provisions of the third paragraph.

5.2 The hotel company is also obliged to be able to provide the associated catering services customary in its hotel and to be able to provide the usual facilities there.

5.3 The accommodation must be available to the guest from 2 pm on the day of arrival to 12 noon on the day of departure.

5.4 The hotel company must place the house rules for the guest in a clearly visible place for information purposes, or to put them down, or to hand 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 tranquillity in the catering company and /or the normal operation thereof can be maintained or is disturbed. The guest must then leave the hotel on first request. The hotel company may only exercise its present authority if the nature and seriousness of the offenses 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 to have lapsed if the guest does not report to reception on the first reserved day at 6 pm, without prejudice to the provisions of Article 9.

5.7 The hotel company is entitled to require the guest to settle for accommodation other than that which should be made available under the catering agreement, except if such a wish is to be regarded as manifestly unfair and apparently too objectionable for the guest. In the latter case, the guest / customer has the right to immediately terminate the catering agreement to which the aforementioned wish of the catering company relates, without prejudice to his obligations under other catering agreements. The guest and / or customer, if the catering company saves expenses by making other accommodation available on the basis of the previous one than should be made available according to the catering agreement, is entitled to the amount of that saving. For the rest, the hotel company will never be obliged to pay any compensation.

Section 6 obligations of the restaurant company

6.1 The restaurant company is obliged to provide the agreed facilities to the guest at the agreed time and to provide the agreed food and beverages of an amount, quality and in a manner that is customary in his restaurant.

6.2 If no food or beverages have been agreed in advance, the restaurant company will provide, on request, that of the food and beverages that it can provide at that time, without prejudice to the other provisions of Article 6.1.

6.3 The restaurant company is entitled to refrain from or to discontinue the provision of catering services at any time if the guest does not behave in accordance with the status and operation of his restaurant. The restaurant company can, among other things, make demands regarding the appearance of the guest. The guest must leave the restaurant on first request when violating these demands.

6.4 If the guest has not arrived within half an hour after the reserved time, the restaurant company can consider the reservation as cancelled, without prejudice to the provisions of Article 9.

Section 7 obligations of the café company

7.1 The café company is obliged to provide the guest on request with the beverages it has in stock. In addition, the café company must be able to provide the usual catering services in its company.

7.2 The café company is entitled to refrain from or to discontinue the provision of catering services at any time if the guest does not behave in accordance with the position and operation of his café. The café company can, among other things, make demands regarding the appearance of the guest. The guest must leave the café on first request when violating these demands.

Section 8 obligations of the Horeca company for conference room rental an provision of grounds

8.1 The catering establishment is entitled to provide another space than it should be provided in accordance with the catering agreement, except if this is to be regarded as evidently unfair and apparently too inconvenient for the guest. In the latter case, the guest / customer has the right to immediately terminate the catering agreement to which the aforementioned wish of the catering company relates, without prejudice to his obligations under other catering agreements. If the catering establishment saves expenditure by providing another space on the basis of the above, the guest and / or customer is entitled to the amount of that saving. For the rest, the catering establishment will never be obliged to pay any compensation.

8.2 The catering establishment is furthermore obliged to provide the catering services customary to its guests.

8.3 The catering establishment is entitled to omit the provision of catering services or to discontinue it at any time if the guest does not behave in accordance with the position and operation of his catering establishment. The catering company can, among other things, make demands regarding the appearance of the guest. The guest must leave the catering establishment on first request when violating these demands.

8.4 The catering establishment is entitled, after consultation with the local authority, to dissolve the catering agreement due to well-founded fears of disturbing public order. If the catering establishment makes use of this authority, the catering establishment will not be obliged to pay any compensation.

Section 9 cancellations

9.1 Cancellation by customers, general

9.1.1 The customer is not authorized to cancel a catering agreement, unless he simultaneously irrevocably offers to pay the amounts set out below. Any cancellation is deemed to include such an offer. Such an offer will be deemed to have been 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 an oral cancellation. The provisions of Article 9 apply without prejudice to the provisions of other Articles.

9.1.2 The catering establishment may, no later than one month before the first catering service is to be performed under the relevant catering agreement, declare to the customer that it will regard certain individuals as a group. In that case, all provisions for groups apply.

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 provisions below will 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 terms in the following articles will be increased by 4 months if the reservation value of the cancelled catering service (s) exceeds the value of the other catering services calculated in a corresponding manner. catering establishment could have provided in the time frame in which the cancelled catering services should have been provided.

9.1.7 Amounts that the catering establishment already owes to third parties in view of the cancelled catering agreement at the time of the cancellation must always be fully reimbursed by the customer to the catering establishment, provided that the catering establishment has not acted unreasonably due to the relevant obligations. to enter into. The amounts concerned will be deducted from the reservation value referred to in the following provisions.

9.2 Cancellation of hotel accommodation / accommodation

9.2.1 Groups

If a reservation for hotel accommodation only, with or without breakfast, has been made for a group, the following applies to cancellation of that reservation.

  • In the event of cancellation more than 3 months prior to the time when 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 catering establishment.
  • In case of cancellation more than 2 months 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 1 month 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 14 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 7 days before the commencement date, the customer is obliged to pay 85% of the Reservation Value to the hotel establishment.
  • 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 establishment.

9.2.2 Individuals

If a reservation for hotel accommodation only, with or without breakfast, has been made for one or more individuals, the following applies to cancellation of that reservation:

  • Cancellation is free of charge up to 24 hours before arrival.

9.3 Cancellation of restaurant / table reservation

9.3.1 Groups

When a reservation for only a restaurant (table reservation) has been made for a group, the following applies to cancellation of that reservation:

  1. if a menu has been agreed:

  • if cancelled more than 14 days before the reserved time, no compensation will be due;
  • in case of cancellation 14 days or less but more than 7 days before the reserved time, the customer will owe 25% of the reservation value;
  • in case of cancellation 7 days or less before the reserved time, the customer will owe 50% of the reservation value.
  • in case of cancellation 3 days or less before the reserved time, the customer will owe 75% of the reservation value.

  1. if no menu has been agreed:

  • if cancelled more than twice 24 hours before the reserved time, no compensation will be owed;
  • 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 reservation for only a restaurant (table reservation) has been made for one or more individuals, the following applies to cancellation of that reservation:

  1. if a menu has been agreed:

  • in case of cancellation more than four times 24 hours before the reserved time, no compensation will be owed;
  • in case of cancellation four times 24 hours or less before the reserved time, 50% of the reservation value will be due.

  1. if no menu has been agreed:

  • if cancelled more than twice 24 hours before the reserved time, no compensation will be owed;
  • 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 catering agreements.

9.4.1 The following applies to cancellation of all reservations not falling under Articles 9.2 and 9.3.

9.4.2 If a reservation has been made for a group, the following applies to cancellation of that reservation.

  • In case of cancellation more than 6 months before the time when the first catering service should be provided under the relevant catering agreement, the customer is not obliged to pay any compensation to the catering establishment.
  • In case of cancellation more than 3 months before the said time, the customer is obliged to pay 10% of the reservation value to the catering establishment.
  • In case of cancellation more than 2 months before the said time, the customer is obliged to pay 15% of the reservation value to the catering establishment.
  • In case of cancellation more than 1 month before the said time, the customer is obliged to pay 35% of the reservation value to the catering establishment.
  • In case of cancellation more than 14 days before the said time, the customer is obliged to pay 60% of the reservation value to the catering establishment.
  • In case of cancellation more than 7 days before the said time, the customer is obliged to pay 85% of the reservation value to the catering establishment.
  • In case of cancellation 7 days or less before the said time, the customer is obliged to pay 100% of the reservation value to the catering company.

9.4.3 If a reservation has been made for one or more individuals, the following applies to cancellation of that reservation.

  • In case of cancellation more than 1 month before the time when the first catering service should be provided under the relevant catering agreement, the customer is not obliged to pay any compensation to the catering establishment.
  • In case of cancellation more than 14 days before the said time, the customer is obliged to pay 15% of the reservation value to the catering establishment.
  • In case of cancellation more than 7 days before the said time, the customer is obliged to pay 35% of the reservation value to the catering establishment.
  • In case of cancellation more than 3 days before the said time, the customer is obliged to pay 60% of the reservation value to the catering establishment.
  • In case of cancellation more than 24 hours before the said time, the customer is obliged to pay 85% of the reservation value to the catering establishment.
  • In case of cancellation 24 hours or less before the said time, the customer is obliged to pay 100% of the reservation value to the catering establishment.

9.5 Cancellation by the catering establishment

9.5.1 The catering establishment is entitled to cancel a catering agreement with due observance of the following, unless the customer has indicated in writing within seven days of the conclusion of the relevant catering agreement that it wishes to waive the right to cancel the catering establishment, provided that the client also has unequivocally indicated that it has waived its own cancellation authority.

9.5.2 If the catering establishment cancels a catering agreement to provide food and accompanying drinks, articles 9.1.1 and 9.3.2 apply mutatis mutandis, with the customer and catering establishment being switched.

9.5.3 If the catering establishment cancels a different catering agreement than that referred to in article 9.5.2, articles 9.1.1 and 9.2.2 shall apply mutatis mutandis, with the customer and catering establishment being switched.

9.5.4 The catering establishment is at all times authorized 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 establishment under that catering agreement has such a different character than expected. If, on the basis of an announcement by the customer or on the basis of the capacity of the customer or guests, that the catering establishment would not have concluded the agreement if it had been aware of the actual nature of the meeting. If the catering establishment makes use of this authority after the relevant meeting has started, the customer is obliged to pay for the catering services enjoyed up to that time, but his payment obligation will otherwise lapse. The compensation for catering services enjoyed is calculated in proportion to time where appropriate.

9.5.5 The catering establishment is entitled, instead of exercising its authority referred to in article 9.5.4, to impose further requirements with regard to the course of the relevant meeting. If there are sufficient indications that these requirements are not (or will not be) complied with, the catering establishment is still entitled to exercise the power referred to in article 9.5.4.

9.5.6 If and insofar as the catering establishment also acts as a travel organizer within the meaning of the law, the following applies with regard to travel agreements within the meaning of the law. The catering establishment may change the travel agreement on a material point due to important circumstances, which are immediately communicated to the traveller. The catering establishment may also change the travel agreement other than on a material point due to serious circumstances, which are immediately communicated to the traveller. Up to twenty days before the start of the trip, the catering establishment may increase the travel sum due to changes in transport costs including fuel costs, the charges owed or the applicable exchange rates. If the traveller rejects a change as referred to above, the catering company can terminate the travel agreement.

SECTION 10 DEPOSIT AND INTERIM PAYMENT

10.1 The catering establishment may at any time require the customer to deposit or have deposited under the catering establishment a deposit amounting to a maximum of the reservation value minus any interim payments already made. Deposits received are properly administered, serve only as security for the hospitality business and explicitly do not count as turnover already realized.

10.2 The catering establishment may at all times request interim payment for catering services that have already been provided.

10.3 The catering establishment may recover from the amount deposited pursuant to the preceding provisions in respect of all that which the client owes him for whatever reason. The surplus must be immediately repaid to the customer by the catering establishment.

SECTION 11 TURNOVER WARRANTY

11.1 If a turnover guarantee has been issued, the customer is obliged to pay at least the amount stipulated in the turnover guarantee to the catering company with regard to the relevant catering agreement (s).

SECTION 12 LIABILITY OF THE CATERING ESTABLISHMENT

12.1 The exclusion of liability in this article does not apply insofar as the catering establishment has received compensation for the risk that has arisen from an insurance company or from another third party.

12.2 Without prejudice to the provisions of article 4.6, the hotel establishment is not liable for damage 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 respect. The provisions here do not apply insofar as the damage or loss is due to intent or gross negligence of the hotel company.

12.3 Without prejudice to the provisions in articles 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 the direct result of intent or gross negligence of the catering establishment. In particular, this exclusion of liability also applies to damage caused by consuming foodstuffs prepared or served by the catering company and for damage caused by automation problems. If mandatory law only allows a less extensive limitation of liability, the less extensive limitation applies.

12.4 Under no circumstances is the catering establishment obliged to pay a higher amount in compensation than:

  • the reservation value or, if that is more.
  • the amount paid out by the catering establishment's insurer to the catering establishment in respect of the damage, or;
  • the compensation for the damage received from another third party.

12.5 The catering establishment shall never be liable for damage to or with vehicles of the guest, unless and insofar as the damage is the direct result of intent or gross negligence of the catering establishment.

12.6 The catering establishment is never liable for damage directly or indirectly to anyone or whatever as a direct or indirect consequence of any defect or any capacity or circumstance to, in or on any movable or immovable property of which the catering establishment is the holder, leaseholder, the tenant is the owner or is otherwise at the disposal of the hospitality business, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the hospitality business.

12.7 If the guest experiences damage to the goods deposited for which a fee as referred to in article 4.6 is charged, the catering establishment is obliged to compensate the damage to these goods as a result of damage or loss. Damage compensation is never due in respect of other goods present in the issued goods.

12.8 If the catering establishment receives goods or if goods are deposited, stored and / or left behind in any way by anyone whatsoever without the catering establishment stipulating any compensation for this, then the catering establishment is never liable for damage to or in any way whatsoever in connection with those goods, unless the catering establishment has deliberately inflicted this damage, or the damage is the result of gross negligence on the part of the catering establishment.

12.9 the customer (not being a natural person, who does not act in the course of a profession or business) fully indemnifies the catering establishment against any claim, by whatever name, which the guest and / or any third party may assert against the catering establishment, if and insofar as this claim can be related in the broadest sense to any (catering) service to be provided or to be provided by the hospitality business under any agreement with the customer or to the accommodation in which such a (catering) service was or had to be provided.

12.10 The indemnification obligation referred to in Article 12.9 also applies if the catering agreement with the customer and / or the guest has been dissolved in whole or in part for whatever reason.

SECTION 13 LIABILITY FROM THE GUEST AND/ OR CUSTOMER

13.1 The customer and the guest and those accompanying him are jointly and severally liable for all damage that is and / or will arise for the catering company and / or any third party as a direct or indirect result of default (attributable shortcoming) and / or tort, including violation of the house rules, committed by the customer and / or the guest and / or those accompanying him, as well as for all damage caused by any animal and / or any substance and / or any item of which they are the holder or which are under their supervision.

SECTION 14 CHECKOUT AND PAYMENT

14.1 The customer owes the price determined in the catering agreement or, insofar as the catering agreement has been concluded more than three months before the time when the catering services to be provided under that agreement are to be provided, the prices that apply at the time that the catering service ( and) (must be granted), which also includes the prices as stated on lists that have been placed by the catering establishment in a place visible to the guest or that are included in a list that is sent to the customer / guest, if necessary, will be handed over. Changes in the VAT rate are always passed on to the customer.

A list is deemed to be visible to the guest if it is visible in the normally accessible spaces of the catering company.

For special services, such as the use of cloakroom, garage, safe, laundry, telephone, telex, TV rental, etc., the catering company may charge an additional fee.

14.4 All invoices, including invoices for cancellation or no-show, are due by the customer and / or guest when they are presented to him. The customer must take care of cash payment unless otherwise agreed in writing or unless otherwise agreed.

14.5 When an invoice is sent for an account for an amount less than € 150 pursuant to the provisions of the fourth paragraph, the catering establishment may additionally charge € 15 in administration costs. The provisions of this article apply mutatis mutandis to that amount.

14.6 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. None of them can invoke any privilege of enforcement. Catering agreements are deemed to be 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 relevant catering agreement.

14.7 As long as the guest and / or customer has not fully complied with all his obligations towards the catering company, the catering company is entitled to take and keep all goods brought by the guest and / or customer into the catering company until the guest and / or the customer has satisfied all its obligations to the hospitality business to the satisfaction of the catering establishment. In addition to a right of retention, the catering establishment will, where appropriate, have a pledge on the goods in question.

14.8 If other than cash payment has been agreed, all invoices, for whatever amount, must be paid by the customer to the catering establishment within fourteen days after the invoice date. If an invoice is sent, the catering establishment is at all times entitled to charge a credit limitation surcharge of 2% of the invoice amount, which lapses if the customer pays the invoice within fourteen days.

14.9 If and insofar as timely payment is not made, the customer is 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 related to collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal owed with a minimum of € 100, all to be increased by the VAT due on this.

14.11 In addition, if he is in default, the customer owes an amount of interest that is 2% above the statutory interest. Part of a month is calculated for the entire month when calculating the interest owed.

14.12 If the catering establishment holds goods as referred to in Article 14.7 and the customer from whom the catering establishment has received the goods for three months is in default, the catering establishment is entitled to sell these goods publicly or privately and to rely on the proceeds to tell about it. The costs associated with the sale are also borne by the customer and the hospitality business can also claim the proceeds from the sale. What remains after the story of the catering company is paid to the customer.

14.13 Each payment, regardless of any note or comment made by the customer with that payment, shall be deemed to deduct the debt of the customer to the hospitality business in the following order:

  1. the costs of execution;
  2. the judicial and extrajudicial collection costs;
  3. the interest;
  4. the damage;
  5. the principal.

14.14 Payment is made in Dutch currency. If the catering establishment accepts foreign means of payment, the market rate applicable at the time of payment will apply. The catering establishment may charge an amount corresponding to a maximum of 10% of the amount that is offered in foreign currency by way of administration costs. The hospitality business can achieve this by adjusting the prevailing market rate by a maximum of 10%.

14.15 The catering establishment is never obliged to accept checks, giro payment cards and other such payment instruments and may attach conditions to the acceptance of such payment instruments. The same applies to other means of payment not mentioned here.

SECTION 15 FORCE MAJEURE

15.1 Force majeure for the catering establishment, which means that any shortcoming caused by this cannot be attributed to the catering establishment, any foreseen or unforeseen, foreseeable or unforeseeable circumstance that hinders the execution of the catering agreement by the catering establishment in such a way that the execution of the catering agreement impossible or objectionable.

15.2 Under such circumstances are also understood such circumstances at persons and / or services and / or institutions that the catering establishment wishes to make use of in the execution of the catering agreement, as well as everything that applies to the aforementioned as force majeure or a suspensive or resolutive condition, as well as non-performance of the aforementioned.

15.3 If one of the parties to a catering agreement is unable to meet any obligation under that catering agreement, it is obliged to inform the other party as soon as possible.

SECTION 16 LOST AND FOUND OBJECTS

16.1 objects lost or left behind in the building and its appurtenances of the catering establishment, which are found by the guest, must be returned to the catering establishment with due speed.

16.2 the catering establishment will acquire ownership of objects of which the entitled party has not reported to the catering establishment within one year of submitting it.

16.3 If the catering establishment sends objects left behind by the guest, this will be entirely at the expense and risk of the guest. The catering company is never obliged to send.

SECTION 17 CORKAGE

17.1 If the guest and / or customer consumes drinks in the premises of a catering company that have not been provided by that catering company, the customer will owe an amount of corkage per bottle consumed.

17.2 If the guest and / or customer consumes food in the premises of a catering company that has not been provided by that catering company, the customer will owe an amount of kitchen money in this regard.

17.3 The amounts referred to in Articles 17.1 and 17.2 are agreed in advance or, in the absence of a prior agreement, are reasonably determined by the catering establishment.

SECTION 18 APPLICABLE LAW AND DISPUTES

Dutch law applies exclusively to catering contracts.

18.2 In the event of disputes between the hospitality business and a customer (not being a natural person who does not act in the course of a profession or business), the competent court in the place of residence of the hospitality business has exclusive jurisdiction, unless another court has jurisdiction under mandatory law. and without prejudice to the authority of the catering establishment to have the dispute settled by a judge who, in the absence of this clause, would have jurisdiction.

18.3 if and as soon as a disputes committee has been set up under the auspices of Royal Catering Industry in the Netherlands and any other organizations involved, the disputes for which the disputes committee has been established will be settled in accordance with the regulations drawn up for this purpose.

18.4 All claims of the customer expire one year after the date on which they arose.

18.5 The invalidity of one or more of the stipulations in these general terms and conditions does not affect the validity of all other stipulations. If a clause in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed on a valid replacement clause that approximates the invalid clause as far