The Uniform Conditions for the Hotel and Catering Industry (UVH) are the
terms and conditions on which catering establishments set up in the
Netherlands, such as hotels, restaurants, bars and related businesses
(including catering firms, party service firms, etc.), provide catering
services and enter into catering agreements. The UVH are registered with the
District Court and the Chamber of Commerce and Industry in The Hague.
Clause 1 – Definitions
In the UVH and in the offers and agreements to which the UVH applies, the
words below shall have the meanings assigned to them in this clause.
1.1 Catering Establishment – The natural
person or legal entity or partnership which is in the business of providing
hotel and/or catering services and is a member of Koninklijk Horeca Nederland
(Dutch trade association for hotel and catering industry).
1.2 Host – Whoever represents a
Catering Establishment in entering into and carrying out catering agreements.
1.3 Provision of Catering Services – The provision
by a Catering Establishment of accommodation and/or food and/or drink and/or
the supplying of halls and/or rooms and/or grounds, all these with all the
associated work and services, and all in the broadest sense of the word.
1.4 Customer – The natural person or legal
entity or partnership which has entered into an agreement with a Catering
1.5 Guest – The natural person(s) entitled to one or more
Catering Services based on a catering agreement entered into with the Customer.
Wherever the UVH speak of Guest, or Customer, this refers to both Guest and
Customer, unless it is clear from the content and implication of the clause
that only one of the two can be intended.
1.6 Catering Agreement – An agreement between a
Catering Establishment and a Customer involving one or more Catering Services
to be provided by the Catering Establishment at a price to be paid by the
Customer. The term Reservation is sometimes used in place of the term Catering
1.7 Hotel Establishment – The Catering
Establishment where the provision of Catering Services consists mainly or
exclusively of supplying accommodation.
1.11 Reservation Value (the value of the Catering Agreement) – The total expected turnover of the Catering Establishment including
service charges, (tourist tax) and VAT relating to a Catering Agreement
concluded with a Customer, which expected turnover is based on the averages
applicable to that Catering Establishment.
1.12 Koninklijk Horeca Nederland – Het Koninklijk
Verbond van Ondernemers in het Horeca- en Aanverwante Bedrijf (The Royal
Association of Businesses in the Catering and Related Industries) known as
“Horeca Nederland” or any legal successor to this.
1.13 Cancellation – The written
notice by the Customer to the Catering Establishment that one or more of the
agreed Catering Services is no longer required in part or in full, or the
written notice by the Catering Establishment to the Customer that one or more
of the agreed Catering Services shall no longer be provided in part or in full.
1.14 No-show – The failure of a Guest,
without prior Cancellation, to make use of one of the Catering Services
provided on the basis of a Catering Agreement.
1.15 Group – A group of 10 or more
persons entitled to one or more Catering Services from a Catering Establishment
under the terms of a Catering Agreement or more than one agreement regarded as
1.16 Individual – Every person that does not
form part of a Group as defined above.
1.17 Goods – All Goods, including money,
valuables and papers of value.
1.20 Turnover Guarantee – A written
declaration from the Customer that the Catering Establishment will realise a
certain minimum turnover from one or more Catering Agreements. Clause headings
are used exclusively for reference purposes. No rights may be derived from
Clause 2 – Scope
2.1 The UVH apply to the making and content of all
Catering Agreements, as well as all offers relating to the making of such
Catering Agreements, to the exclusion of all other general terms and
conditions. If other general terms and conditions besides these are actually in
force, the UVH shall prevail where any conflict arises.
2.2 Departure from the UVH is only possible if set down in
writing and on a case by case basis.
2.3 The UVH also cover all natural persons and legal
entities which the Catering Establishment uses or has used in concluding and/or
carrying out a Catering Agreement or a different agreement or in running the
2.4 Once the UVH have been declared legally applicable to
a certain Catering Agreement, then the latest valid version of the UVH is
considered to apply to all subsequent Catering Agreements between the same
parties, unless agreed otherwise in writing.
Clause 3 – The making of Catering Agreements
3.1 A Catering Establishment can at any time and for any
reason refuse to enter into a Catering Agreement, except where such a refusal
is based purely on one or more of the grounds specified in Clause 429 of the
Criminal Code (discrimination).
3.2 All offers presented by a Catering Establishment in
connection with the making of a Catering Agreement are without obligation and
conditional “on the supply (or capacity) being adequate”. If the Catering
Establishment invokes the said restriction within a period which can be
considered reasonable in the circumstances following the Customer’s acceptance
of the offer then the intended Catering Agreement shall be considered not to
3.3 If the Catering Establishment has granted the Customer
(option holder) a right of first refusal, this right cannot be revoked, except
if and insofar as another potential Customer makes an offer to the Catering
Establishment to enter into a Catering Agreement concerning all or part of the
Catering Services due in the option. In that case the option holder must be
informed of this offer by the Catering Establishment, whereupon the
option holder must state whether or not he wishes to take up the right of first
refusal. If the option holder does not give notice that he wishes to take up
the right of first refusal then this right shall lapse. A right of first
refusal can only be granted in writing.
3.4 Catering Agreements for one or more Guests entered
into by intermediaries (shipbrokers, travel agencies, other Catering
Establishments, etc.), whether or not in the name of their business
connection(s), shall be considered to be concluded partly for account and risk
of this intermediary. The Catering Establishment shall not owe anycommission or
percentage, by whatever name, to the intermediary unless specifically agreed
otherwise in writing. Payment by the Guest of the whole or part of the amount
due shall release the intermediary to the same extent.
Clause 4 – General obligations of the Catering
4.1 The obligations specified in this clause apply to
every Catering Establishment. All obligations arising from the special nature
of the Catering Establishment and the type of Catering Services to be performed
are contained in the following clauses.
4.2 In the event that the special regulation referred to
in Clauses 5 et seq. is at variance with a general stipulation in subclauses
4.3 – 4.7, the special regulation shall apply.
4.3 Under the terms of the Catering Agreement, the
Catering Establishment is, without prejudice to the stipulations in the
following clauses, bound to provide the agreed Catering Services at the agreed
times in the manner customary in that Catering Establishment.
4.4 The obligation mentioned in Clause 4.3 does not apply:
in the event of force majeure on the side of the Catering Establishment as
defined in Clause 15;
if the Guest fails to arrive or arrives more than half an hour late;
if the Customer’s payment of the guarantee deposit/interim payment referred
to in Clause 10 is not made in good time;
if the Customer fails to provide a Turnover Guarantee in good time, despite
a request to do so;
if the Customer in any other way fails to fulfil all his obligations
towards the Catering Establishment in whatever respect.
4.5 The Catering Establishment is not obliged to accept and/or take into safe
keeping any property of the Guest.
4.6 If the Catering Establishment makes any charge to the Guest for accepting
Goods and/or taking Goods into safe keeping, the Catering Establishment is
obliged to take
reasonable care of those Goods, without prejudice to the stipulations in Clause
4.7 The Catering Establishment is never obliged to admit any domestic animal
belonging to the Guest and may attach conditions to such admission.
Clause 5 – Obligations
of the Hotel Establishment
5.1 The Hotel Establishment is during the agreed period obliged to provide the
Guest withaccommodation of the standard customary in that hotel, subject to the
stipulations in the third subclause.
5.2 The Hotel Establishment must also be able to provide the associated
Catering Services customary in that hotel and to supply the facilities
5.3 The accommodation should be available to the Guest from 14.00 hours on the
day of arrival until 11.00 hours on the day of departure.
5.4 The Hotel Establishment should hang or affix or deposit the house rules in
a clearly visible place for the information of the Guest, or hand over the
house rules in writing to the Guest. The Guest is obliged to observe the house
5.5 The Hotel Establishment is entitled to terminate the provision of Catering
Services to a Guest at any time without prior notice if the Guest repeatedly
breaks the house rules, or otherwise behaves in such a way that the order and
peace and quiet in the Catering Establishment and/or the normal running of the
place may be or is disturbed. In that case the Guest must leave the hotel at
the first request. The Hotel Establishment may only exercise this right if the
nature and seriousness of the breaches of the house rules by the guest give
sufficient cause, in the reasonable opinion of the Hotel Establishment.
5.6 Unless otherwise agreed, the Hotel Establishment is entitled to regard the
reservation as cancelled if the Guest has not checked in on the first day of
the reservation by 18.00 hours, without prejudice to the stipulations in Clause
5.7 The Hotel Establishment is entitled to ask the Guest to accept
accommodation that differs from what is described in the Catering Agreement,
except if such a request is clearly unreasonable and must be considered
obviously too inconvenient for the Guest. In the latter case, the
Guest/Customer has the right to cancel the Catering Agreement towhich the
aforementioned request of the Catering Establishment applies, with immediate
effect, without prejudice to his obligations based on other Catering
Agreements. If the Catering Establishment saves money in the above circumstances
by providing accommodation that differs from what is described in the Catering
Agreement, the Guest
and/or Customer is entitled to the amount that is saved. Beyond that the
Catering Establishment shall never be obliged to pay any compensation.
Clause 9 –
9.1 Cancellation by Customers, general
9.1.1 The Customer is not entitled to cancel a Catering Agreement, unless he at
the same time makes a binding offer to pay the amounts fixed below. Every
Cancellation is considered to include such an offer. Such an offer is
considered to be accepted if the Catering Establishment does not reject the
offer forthwith. Cancellation should take place in writing and be dated. The
Customer cannot derive any rights from a verbal Cancellation. The stipulations
in Clause 9 apply without prejudice to the stipulations in other clauses.
9.1.2 The Catering Establishment may inform the Customer at the latest one month
before the first Catering Service based on the relevant Catering Agreement is
due to be provided that it will regard certain Individuals as a Group. In that
case all the conditions
for Groups apply to those persons.
9.1.3 The stipulations in Clauses 13.1 and 14.6 also apply to Cancellations.
9.1.4 In the event of No-show, the Customer is in all cases required to pay the
9.1.5 In the event that not all the agreed Catering Services are cancelled, the
conditions below apply pro rata to the Catering Services that are cancelled.
9.1.6 If one or more agreed Catering Services are completely or partly cancelled,
the periods in the following clauses shall be increased by 4 months, if the
of the cancelled Catering Services amounts to more than the correspondingly
value of the other Catering Services that the Catering Establishment could have
provided during the period in which the cancelled Catering Services were to
have been provided.
9.1.7 Any amounts which the Catering Establishment already owes to third parties
at the time of Cancellation based on the cancelled Catering Agreement must at
all times be fully reimbursed by the Customer to the Catering Establishment,
provided the Catering Establishment has not acted unreasonably in entering into
the commitments in question. The amounts involved shall go towards a reduction
of the Reservation Value referred to in the following clauses.
9.2 Cancellation of
If a reservation for only hotel
accommodation is made, either with or without breakfast, for a one or more
Individuals then the following applies to the Cancellation of this reservation.
In case of Cancellation more than 1 month before the Commencement Date, the
Customer is not obliged to pay any money to Hotel Establishment.
In case of Cancellation more than 14 days before the Commencement Date, the
Customer is obliged to pay 15% of the Reservation Value to the Hotel
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
In case of Cancellation more than 3 days before the Commencement Date, the
Customer is obliged to pay 60% of the Reservation Value to the Hotel
In case of Cancellation more than 48 hours before the Commencement Date,
the Customer is obliged to pay 85% of the Reservation Value to the Hotel
In case of Cancellation 48 hours or less before the Commencement Date, the
Customer is obliged to pay 100% of the Reservation Value to the Hotel
Clause 10 – Guarantee
deposit and interim payment
10.1 The Catering Establishment can at any time require the Customer to deposit
or arrange to have deposited with the Catering Establishment a guarantee
deposit amounting at most to the Reservation Value less any interim payments
already made. Guarantee deposits received shall be subject to proper accounting
procedures, shall serve exclusively as security for the Catering Establishment
and definitely do not count as already realised turnover.
10.2 The Catering Establishment can in each case ask for an interim payment for
Catering Services already provided.
10.3 The Catering Establishment may recover all sums owed by the Customer on any
account out of the amount deposited in accordance with the previous clauses.
The balance must be repaid to the Customer by the Catering Establishment
Clause 11 – Turnover
11.1 If a Turnover Guarantee is issued, the Customer is obliged to pay the
Catering Establishment at least the sum determined in the Turnover Guarantee in
respect of the Catering Agreements concerned.
Clause 12 – Liability
of the Catering Establishment
12.1 The exclusion of liability in this clause does not apply insofar as the
Catering Establishment has received a payment from an insurance company or from
another third party relating to the risk that has materialised.
12.2 Without prejudice to the conditions in Clause 4.6, the Hotel Establishment
is not liable for damage or loss of Goods which have been brought into the
hotel by a Guest who is staying there. The Customer indemnifies the Hotel
Establishment against claims from Guests in this respect. These stipulations do
not apply insofar as the damage or loss is caused intentionally or the hotel is
grossly at fault.
12.3 Without prejudice to the conditions in Clauses 12.7 and 12.8, the Catering
Establishment is never liable for any damage whatsoever suffered by the
Customer, the Guest and/or third parties unless the damage is caused
intentionally or the Catering Establishment is grossly at fault. This liability
exclusion also applies in particular to damage resulting from consuming foods
prepared or served by the Catering Establishment, and to damage resulting from
computer-related problems. If imperative law only permits a less extensive
liability restriction, that less extensive restriction shall apply.
12.4 In no case is the Catering Establishment obliged to pay a higher sum in
compensation than: 1. the Reservation Value or, if that is more, a. the amount
paid out by the Catering Establishment’s insurer to the Catering Establishment
for the damage, or b. the compensation for the damage received from another third
12.5 The Catering Establishment is never liable for damage to or caused by
vehicles of the Guest, except if and insofar as the damage is caused
intentionally or the Catering Establishment is grossly at fault.
12.6 The Catering Establishment is never liable for damage caused directly or
indirectly to any persons or property as a direct or indirect result of any
defect or any feature or
circumstance on or in any moveable or immoveable property which the Catering
Establishment is looking after, holding on a long or short lease, hiring or
which it owns or which is in any other way at the disposal of the Catering
Establishment, except if and insofar as the damage is caused intentionally or
the Catering Establishment is grossly at fault.
12.7 If the Guest finds there has been any damage to the Goods placed in safe
keeping, in exchange for payment as referred to in Clause 4.6, the Catering
Establishment is obliged to make good the damage to these Goods resulting from
their being damaged or lost. Compensation is never due in connection with other
Goods contained inside the Goods which are handed in.
12.8 If the Catering Establishment accepts Goods or if Goods are deposited, left
in safekeeping and/or left behind in any way, anywhere or by anyone without the
Catering Establishment charging any money for this, then the Catering
Establishment is neverliable for damage to or in connection with those Goods
however this may arise unless the Catering Establishment deliberately caused
this damage, or the Catering Establishment is grossly to blame for the damage.
12.9 The Customer (not being a natural person who is not acting in the exercise
of a profession or business) indemnifies the Catering Establishment in full
against any claim, by whatever name, which the Guest and/or any third party may
lodge against the Catering Establishment, if and insofar as this claim has any
connection in the broadest sense with any (Catering) Service to be provided or
which has been provided by the Catering Establishment under the terms of any
agreement with the Customer or has any connection with the accommodation where
such a (Catering) Service was provided or was to be provided.
12.10 The liability to indemnify referred to in Clause 12.9 also applies if the
Catering Agreement with the Customer and/or the Guest is cancelled in full or
in part for any
Clause 13 – Liability
of the Guest and/or Customer
13.1 The Customer and the Guest and anyone accompanying them are severally
liable for all damage which has occurred and/or may occur to the Catering
Establishment and/or to any third party as a direct or indirect result of any
non-fulfilment of obligations (culpable deficiency) and/or wrongful action,
including breaking the house rules, committed by the Customer and/or the Guest
and/or anyone accompanying them, as well as for all damage caused by any animal
and/or any substance and/or any article which is in their possession or which
is under their supervision.
Clause 14 – Settlement
of accounts and payment
14.1 The Customer has to pay the price fixed in the Catering Agreement or,
insofar as the Catering Agreement was signed more than three months before the
time when the Catering Services arising out of that Agreement have to be
provided, the prices which apply at the time that the Catering Service(s)
has/have to be provided, which are understood to be the prices stated on the
lists displayed by the Catering Establishment in a place visible to the Guest
or which are included in a list which is handed to the Customer/Guest, if
necessary at the request of said Customer/Guest.
14.2 A list is considered to be displayed in a place visible to the Guest if the
list is visible in rooms which are normally accessible in the Catering
14.3 An extra charge can be made by the Catering Establishment for special
services, such as the use of a cloakroom, garage, safe, laundry, telephone,
telex, TV rental, etc.
14.4 All accounts, including accounts relating to Cancellation or No-show, are
due for payment by the Customer and/or Guest at the time they are presented to
him. The Customer is responsible for paying in cash unless otherwise agreed in
writing or unless
14.5 If an invoice is sent out for an account which is below e 150,- according
to the conditions in the fourth subclause, then the Catering Establishment may
add e 15,- for administration costs to the account. The stipulations in this
clause correspondingly apply to that amount.
14.6 The Guest and the Customer are severally liable for all amounts which one
or both of them may owe the Catering Establishment on any account. Neither of
them may appeal to benefit of excussion. Except where stipulated otherwise,
Catering Agreements are considered to be concluded jointly on behalf of every
Guest. By turning up the Guest
acknowledges that the Customer was competent to represent him in concluding the
relevant Catering Agreement.
14.7 As long as the Guest and/or Customer has not entirely
fulfilled all his obligations to the Catering Establishment, the Catering
Establishment is entitled to take over and keep all Goods which the Guest
and/or Customer has brought with him to the Catering Establishment, until the
Guest and/or Customer has fulfilled all his obligations to the Catering
Establishment to the satisfaction of the Catering Establishment. Should this
situation arise, the Catering Establishment has a right of lien as well as a
right of retention on the Goods in question.
14.8 If payment otherwise than in cash is agreed, all
invoices for any amount must be paid by the Customer to the Catering
Establishment within fourteen days of the invoice date. If an invoice is sent
out, the Catering Establishment is at all times entitled to add an extra 2% to
the invoice to cover the restriction of its credit, which is removed if the
Customer pays the invoice within fourteen days.
14.9 If and insofar as payment is not made in good time,
the Customer is in default without any notice of default being necessary.
14.10 If the Customer is in default he must reimburse the
Catering Establishment for all costs, both judicial and extrajudicial, arising
from collection. The set level of extrajudicial is at least 15% of the
principal amount owed, with a minimum of e 100.- all to be increased by the VAT
due on that amount.
14.11 Over and above this, if the Customer is in default he
will be charged interest at 2% above the legal interest rate. When the amount
of interest due is calculated, part of a
month is counted as a full month.
14.12 If the Catering Establishment has in its keeping Goods
as referred to in Clause
14.13 and if the Customer from whom the Catering
Establishment has received the Goods into keeping is in default for three
months, the Catering Establishment is entitled to sell these Goods publicly or
privately and to recover the amount owed from the proceeds. The costs
associated with the sale are also the responsibility of the Customer, and
theCatering Establishment can also recover these costs from the proceeds of the
sale. After the Catering Establishment has recovered everything it is owed, any
remaining money shall be paid to the Customer.
14.14 Every payment shall, regardless of any endorsements or
observations made by the Customer at the time of payment, be considered as
serving to reduce the debt of the Customer to the Catering Establishment in the
the costs of execution
the judicial and extrajudicial
the principal amount.
14.15 Payment shall take place in Dutch currency. If the
Catering Establishment accepts foreign instruments of payment then the market
exchange rate in force at the time of payment shall apply. The Catering
Establishment may charge administration costs amounting to a maximum of 10% of
the amount offered in foreign currency. The Catering Establishment can
effectuate this by adjusting the market exchange rate then in force by a
maximum of 10%.
14.16 The Catering Establishment is never obliged to accept
cheques, giro payment cards and other such instruments of payment and may
attach conditions to the acceptance of such instruments of payment. The same
applies to other instruments of payment not referred to here.
Clause 15 – Force majeure
15.1 Force majeure for the Catering Establishment, which
means that any deficiency caused by this cannot be attributed to the Catering
Establishment, shall be defined as every foreseen or unforeseen, foreseeable or
unforeseeable circumstance which interferes with the fulfilment of the Catering
Agreement by the Catering Establishment to such an extent that the fulfilment
of the Catering Agreement becomes impossible or difficult.
15.2 Such circumstances are also understood to include such
circumstances involving persons and/or services and/or institutions which the
Catering Establishment is planning to use in fulfilling the Catering Agreement,
as well as everything that applies to the aforementioned in terms of force
majeure or reasons for postponement or cancellation,
as well as non-fulfilment by the aforementioned.
15.3 If one of the parties to a Catering Agreement is not
in a position to fulfil any obligation in that Catering Agreement, he is
obliged to inform the other party of this as soon as possible.
Clause 16 – Lost and found
16.1 Any objects which are lost or left behind in the
building and appurtenances of the Catering Establishment and which are found by
the Guest, must be handed in to the Catering Establishment by the Guest with
all convenient speed.
16.2 Any objects which the rightful owner has not claimed
from the Catering Establishment within a year of their being handed in become
the property of the Catering Establishment.
16.3 If the Catering Establishment sends the Guest any
objects that have been left behind, this shall take place entirely for account
and risk of the Guest. The Catering Establishment is never obliged to send on
Clause 18 – Applicable law and disputes
18.1 Catering Agreements shall be governed exclusively by
the laws of the Netherlands.
18.2 Any dispute between the Catering Establishment and the
Customer (not being a natural person who is not acting in the exercise of a
profession or business) shall be exclusively subject to the jurisdiction of the
court in the domicile of the Catering Establishment, unless another court is
competent under the strictly binding provisions of the law and without
prejudice to the authority of the Catering Establishment to settle the dispute
through the court which would have jurisdiction in the absence of this condition.
18.3 If and as soon as an arbitration committee is
established under the auspices of Koninklijk Horeca Nederland and any other
organisations which may be involved, the disputes which the arbitration
committee is set up to mediate shall be settled in accordance with the
regulations drawn up for this purpose.
18.4 All claims from the Customer become barred after one
year has elapsed from the time of their origination.
18.5 The nullity of one or more clauses in these general
terms and conditions does not affect the validity of all the other clauses. If
a clause in these general terms and conditions turns out to be invalid for any
reason, then the parties are assumed to have agreed a valid replacement clause
which comes as close as possible to the meaning and scope of the invalid