The Uniform Hospitality Industry Conditions (UVH) are the terms and conditions under which hospitality businesses established in the Netherlands, such as hotels, restaurants, cafés and related businesses, provide hospitality services and enter into hospitality agreements. The UVH have been filed with the Chamber of Commerce in Woerden and registered there under number 40482082.

In the UVH, as well as in offers and agreements to which the UVH apply, the following terms shall have the meanings set out below:

1.1 Hospitality business
The natural or legal person or partnership that operates a business providing hospitality services.

1.2 Host
The person who represents a hospitality business in the conclusion and execution of hospitality agreements.

1.3 Provision of hospitality service(s)
The provision by a hospitality business of accommodation and/or food and/or beverages and/or making available (function) rooms and/or land, including all associated activities and services, in the broadest sense of the word.

1.4 Customer
The natural or legal person or partnership that has entered into a hospitality agreement with a hospitality business.

1.5 Guest
The natural person(s) to whom one or more hospitality services are to be provided on the basis of a hospitality agreement concluded with the customer.
Where the UVH refer to guest or customer, both guest and customer are meant, unless the content and purpose of the provision necessarily imply that only one of the two can be meant.

1.6 Hospitality agreement
An agreement between a hospitality business and a customer relating to one or more hospitality services to be provided by the hospitality business against payment of a price by the customer. The term “reservation” is sometimes used instead of hospitality agreement.

1.7 Reservation value
The value of the hospitality agreement, equal to the total expected turnover of the hospitality business, including any tourist tax and VAT, in relation to a hospitality agreement concluded with a customer, based on the averages applicable within that hospitality business.

1.8 Koninklijke Horeca Nederland
The Royal Association of Entrepreneurs in the Hospitality and Related Industry “Horeca Nederland”, or its legal successor.

1.9 No-show
Failure by a guest, without cancellation, to make use of a hospitality service to be provided under a hospitality agreement.

1.10 Group
A group of 10 or more guests to whom hospitality services are to be provided by a hospitality business under one or more hospitality agreements that are considered to be related.

1.11 Individual
Any person falling under the definition of guest or customer who does not belong to a group as defined above.

1.12 Corkage and kitchen fee
The amount payable for consuming beverages and/or food not supplied by the hospitality business within its premises.

1.13 Cancellation
A written notice by the customer to the hospitality business stating that one or more agreed hospitality services will not be used, in whole or in part, or a written notice by the hospitality business to the customer stating that one or more agreed hospitality services will not be provided, in whole or in part.

1.14 Turnover guarantee
A written declaration by the customer that, in respect of one or more hospitality agreements, a minimum amount of turnover will be generated by the hospitality business.

2.1
The UVH apply exclusively, to the exclusion of all other general terms and conditions, to the formation and content of all hospitality agreements, as well as to all offers relating thereto. If other general conditions nevertheless apply, the UVH shall prevail in the event of any conflict.

2.2
Deviations from the UVH are only possible in writing and on a case-by-case basis.

2.3
The UVH also benefit all natural and legal persons whom the hospitality business uses or has used in concluding and/or performing a hospitality agreement or other agreement, or in operating the hospitality business.

3.1
A hospitality business may at any time refuse to conclude a hospitality agreement for any reason whatsoever, unless such refusal is based solely on one or more grounds classified as discrimination under Article 429 quater of the Dutch Criminal Code.

3.2
All offers made by a hospitality business relating to the conclusion of a hospitality agreement are without obligation and subject to the condition “while supplies (or capacity) last”. If the hospitality business invokes this condition within a reasonable period after acceptance by the customer, the intended hospitality agreement shall be deemed not to have been concluded.

3.3
Hospitality agreements for guest(s) entered into through intermediaries (freight agents, travel agencies, online travel agents and other hospitality businesses, etc.), whether or not in the name of their client(s), are deemed to have been concluded at the expense and risk of these intermediaries as well. The hospitality business does not owe any commission or fee to intermediaries unless expressly agreed otherwise in writing. The guest(s) and the intermediary(ies) are jointly and severally liable for payment of what is due.

4.1
An option right is the right of a customer to unilaterally bring a hospitality agreement into existence by merely accepting a valid offer from the hospitality business.

4.2
An option right can only be granted in writing. It may be agreed for a fixed or indefinite period. The option right lapses if the option holder indicates that he does not wish to use it, or if the fixed period expires without the option holder indicating that he wishes to use it.

5.1
Without prejudice to the provisions of the following articles, the hospitality business is obliged under the hospitality agreement to provide the agreed hospitality services at the agreed times in the manner customary within that hospitality business.

5.2
The hospitality business is entitled at any time, without notice, to terminate the provision of hospitality services to a guest if the guest violates the house rules and/or rules of conduct, or otherwise behaves in such a manner that order and peace in the hospitality business and/or its normal operation are disturbed. In such case, the guest must leave the hospitality business immediately upon first request.
If the customer otherwise fails to fully comply with his obligations towards the hospitality business, the hospitality business is entitled to suspend its services. The hospitality business may only exercise these rights if, in its reasonable opinion, the nature and seriousness of the guest’s conduct justify this.

5.3
After consultation with the competent local authorities, the hospitality business is entitled to dissolve the hospitality agreement out of court if there is a well-founded fear of disturbance of public order. In exercising this right, the hospitality business shall not be liable for any damages to the customer.

5.4
The hospitality business is not obliged to accept or store any property belonging to the guest. This means that the hospitality business is not responsible or liable for damage to, loss of, or theft of any property of the guest that the hospitality business has refused to accept or store.

5.5
If the hospitality business charges a fee for accepting or storing goods, it must take care of those goods as a prudent custodian, without prejudice to Article 12.

5.6
The hospitality business is not obliged to admit any pet of the guest and may attach conditions to such admission. Admission of assistance dogs is governed by statutory regulations, including any exceptions contained therein.

6.1
The guest is obliged to comply with the house rules and rules of conduct applicable in the hospitality business and to follow reasonable instructions given by the hospitality business. The hospitality business must make the house rules and rules of conduct available in a clearly visible place or provide them in writing. Reasonable instructions may be given orally.

6.2
The guest is obliged to cooperate with reasonable requests by the hospitality business in connection with its statutory obligations, including those relating to safety, identification, food safety/hygiene, and limitation of nuisance.

7.1
If the guest does not arrive within thirty minutes after the reserved time, the hospitality business may consider the reservation cancelled, without prejudice to the provisions of Article 9.

7.2
The hospitality business may attach conditions to a reservation.

8.1
In the case of accommodation, the hospitality business shall inform the guest in advance of the time at which the accommodation will be made available and the time by which the guest must check out.

8.2
Unless otherwise agreed, the hospitality business is entitled to consider the accommodation reservation void if the guest has not reported by 6:00 p.m. on the first reserved day, or if the guest has not timely informed the hospitality business of later arrival and the hospitality business has not objected. This is without prejudice to Article 9.

8.3
The hospitality business is entitled to require the guest to accept alternative, equivalent accommodation or (function) room and/or land instead of what was agreed. The guest may refuse this alternative. In that case, the guest is entitled to terminate the hospitality agreement concerned with immediate effect, without prejudice to obligations under other hospitality agreements.

9.1.1
The customer is entitled to cancel a hospitality agreement subject to payment of cancellation costs. If a customer does not arrive within thirty minutes of the agreed time, the customer is deemed to have cancelled and owes the cancellation costs. If the customer arrives after thirty minutes (or later), the hospitality business may invoke the cancellation costs or still perform the agreement and require full performance by the customer.

9.1.2
Up to one month before the first hospitality service is to be provided, the hospitality business may declare that certain individuals shall be regarded as a group. In that case, all provisions for groups shall apply.

9.1.3
Articles 13.1 and 14.4 also apply to cancellations.

9.1.4
In the event of a no-show, the customer is in all cases obliged to pay the reservation value.

9.1.5
If not all agreed hospitality services are cancelled, the provisions below apply pro rata to the cancelled services.

For accommodation-only reservations (with or without breakfast) made for one or more individuals, the following percentages of the reservation value are payable upon cancellation (unless otherwise agreed in writing):

• More than 1 month before start date: 0%

• More than 14 days before start date: 15%

• More than 7 days before start date: 35%

• More than 3 days before start date: 60%

• More than 24 hours before start date: 85%

• 24 hours or less before start date: 100%

For accommodation-only reservations (with or without breakfast) made for a group, the following applies:

• More than 3 months before start date: 0%

• More than 2 months before start date: 15%

• More than 1 month before start date: 35%

• More than 14 days before start date: 60%

• More than 7 days before start date: 85%

• 7 days or less before start date: 100%

1. If a menu has been agreed:

• More than 14 days before reservation time: 0%

• 14 days or less but more than 7 days: 25%

• 7 days or less: 50%

• 3 days or less: 75%

1. If no menu has been agreed:

• More than 48 hours before reservation time: 0%

• 48 hours or less: 50%

9.4.2 Groups:

• More than 6 months before: 0%

• More than 3 months before: 10%

• More than 2 months before: 15%

• More than 1 month before: 35%

• More than 14 days before: 60%

• More than 7 days before: 85%

• 7 days or less: 100%

9.4.3 Individuals:

• More than 1 month before: 0%

• More than 14 days before: 15%

• More than 7 days before: 35%

• More than 3 days before: 60%

• More than 24 hours before: 85%

• 24 hours or less: 100%

9.5.1
The hospitality business is entitled to cancel a hospitality agreement subject to the following, unless otherwise agreed.

9.5.2 – 9.5.6
(These provisions apply analogously with roles reversed, including provisions regarding misrepresentation of the nature of meetings, additional requirements, and travel agreements. The hospitality business may cancel without compensation in cases of misleading character of events, subject to payment only for services already enjoyed.)

10.1
The hospitality business may require the customer to deposit a security deposit with the hospitality business. Deposits received shall be properly administered, shall serve exclusively as security for the hospitality business, and shall explicitly not qualify as realized turnover.
For additional security, the hospitality business may require the customer to cooperate in providing the necessary information, including making an imprint or copy of the customer’s credit card, in order to secure the deposit and the ability to enforce it as much as possible.

10.2
The hospitality business may at all times require interim payment for hospitality services already rendered.

10.3
The hospitality business may recover from the deposited amount all amounts owed to it by the customer for any reason whatsoever. Any remaining balance shall be reimbursed to the customer without delay.

If a turnover guarantee has been issued, the customer is obliged to pay the hospitality business at least the amount specified in the turnover guarantee in relation to the hospitality agreement(s) concerned.

12.1
The hospitality business is liable towards the guest for damage resulting from a failure by the hospitality business to perform the agreement, unless such failure cannot be attributed to the hospitality business or to persons engaged by the hospitality business in the performance of the agreement.

12.2
Without prejudice to Article 5.5, the hospitality business is not liable for damage to or loss of property brought into the hospitality business by a guest staying there. The customer indemnifies the hospitality business against claims by guests in this respect. This exclusion does not apply if the damage or loss is caused by intent or gross negligence of the hospitality business.

12.3
The hospitality business is not liable for damage to or caused by vehicles belonging to the guest, unless and insofar as such damage is the direct result of intent or gross negligence of the hospitality business.

12.4
The hospitality business is not liable for direct or indirect damage to persons or property arising directly or indirectly from any defect, condition or circumstance in, on or relating to any movable or immovable property of which the hospitality business is owner, lessee, tenant, usufructuary or which is otherwise at its disposal, unless and insofar as such damage is the direct result of intent or gross negligence of the hospitality business.

12.5
The liability of the hospitality business is limited to the amount that can reasonably be insured.

12.6
If damage occurs to goods deposited for safekeeping for which a fee as referred to in Article 5.5 has been charged, the hospitality business is obliged to compensate the damage resulting from damage to or loss of those goods. No compensation is owed for other goods contained within the deposited goods.

12.7
If the hospitality business accepts goods or if goods are deposited, stored or left anywhere by anyone without the hospitality business charging any fee, the hospitality business is not liable for damage to or in connection with those goods, unless such damage was intentionally caused by the hospitality business or resulted from its intent or gross negligence. In all cases, the hospitality business is not liable for damage to goods contained within deposited, stored or left goods, irrespective of whether a fee is charged.

13.1
The customer, the guest and those accompanying them are jointly and severally liable for all damage suffered or to be suffered by the hospitality business and/or any third party as a direct or indirect result of an attributable failure and/or unlawful act, including violation of house rules, committed by the customer, the guest or those accompanying them, as well as for damage caused by any animal and/or any property under their control or supervision.

14.1
The customer owes the price agreed in the hospitality agreement. Prices are stated on lists displayed in a place visible to the guest within the hospitality business, provided to the customer upon request, or accessible via digital sources. A price list is considered visibly displayed if it is visible in normally accessible areas of the hospitality business.

14.2
The hospitality business may charge an additional fee for special services such as cloakroom use, garage, safe, laundry or dry-cleaning, telephone, internet, Wi-Fi, room service, television rental, etc.

14.3
All invoices, including those relating to cancellations or no-shows, are payable by the customer at the time they are presented. Payment shall be made in cash or via bank transfer unless otherwise agreed.

14.4
The guest and the customer are jointly and severally liable for all amounts owed to the hospitality business by either or both of them for any reason whatsoever. Hospitality agreements are deemed to have been concluded also on behalf of each guest, unless otherwise agreed. By appearing, the guest confirms that the customer was authorized to represent the guest when concluding the hospitality agreement.

14.5
As long as the customer has not fully complied with all obligations towards the hospitality business, the hospitality business is entitled to retain all goods brought into the hospitality business by the customer until all obligations have been satisfied to the hospitality business’ satisfaction. In addition to a right of retention, the hospitality business may also have a right of pledge over such goods.

14.6
If payment other than cash has been agreed, all invoices must be paid by the customer within fourteen days of the invoice date. If an invoice is issued, the hospitality business may at all times charge a credit limitation surcharge of 2% of the invoice amount, which shall lapse if the invoice is paid within fourteen days.

14.7
If timely payment is not made, the customer shall be in default without any notice of default being required. Only if the customer is a natural person acting as a consumer shall the hospitality business send a one-time notice of default allowing at least 14 days for payment.

14.8
If the customer is in default, all costs related to collection shall be borne by the customer. Extrajudicial collection costs shall be charged in accordance with statutory provisions.

14.9
If the hospitality business retains goods as referred to in Article 14.5 and the customer remains in default for three months, the hospitality business is entitled to sell those goods publicly or privately and recover its claim from the proceeds. The costs of sale shall also be borne by the customer. Any surplus remaining after recovery shall be paid to the customer.

14.10
Any payment made shall, regardless of any designation by the customer, be applied in the following order:
• Enforcement costs
• Judicial and extrajudicial collection costs
• Interest
• Damages
• Principal sum

14.11
Payment shall be made in euros. If the hospitality business accepts foreign currency, the market exchange rate applicable at the time of payment shall apply. The hospitality business may charge administrative costs up to a maximum of 10% of the foreign currency amount by adjusting the exchange rate accordingly.

14.12
The hospitality business is never obliged to accept means of payment other than cash and may attach conditions to the acceptance of other payment methods.

15.1
Force majeure on the part of the hospitality business includes any foreseeable or unforeseeable circumstance that makes performance of the hospitality agreement impossible or unduly onerous, such that any resulting failure cannot be attributed to the hospitality business.

15.2
If a party to a hospitality agreement is unable to fulfill any obligation under that agreement, that party must inform the other party as soon as possible.

16.1
Objects lost or left behind in the building or premises of the hospitality business that are found by a guest must be handed over to the hospitality business as soon as possible.

16.2
Ownership of items for which the rightful owner has not reported within one year after being handed in shall pass to the hospitality business.

16.3
If the hospitality business sends items left behind to the guest, this shall be entirely at the guest’s risk and expense. The hospitality business is never obliged to send such items.

17.1
The hospitality business may prohibit guests from consuming self-brought food and/or beverages within the hospitality business, including the terrace. If consumption is permitted, the hospitality business may impose conditions, including the charging of corkage and/or kitchen fees.

17.2
The fees referred to in Article 17.1 shall be agreed in advance or, failing such agreement, shall be reasonably determined by the hospitality business.

18.1
Dutch law applies exclusively to hospitality agreements.

18.2
In disputes between the hospitality business and a customer (not being a natural person acting outside the course of a profession or business), exclusive jurisdiction lies with the competent court in the place where the hospitality business is established, unless mandatory statutory provisions dictate otherwise.

18.3
All claims by the customer shall lapse after one year from the date on which they arose.

18.4
The invalidity of one or more provisions of these general terms and conditions shall not affect the validity of the remaining provisions. If a provision is invalid for any reason, the parties shall be deemed to have agreed upon a valid replacement provision that most closely approximates the intent and scope of the invalid provision.