Version from 2024

Article 1 Definitions

The following words in the Uniform Terms and Conditions for Hospitality (UVH), and in the offers and agreements to which the UVH apply, shall have the following meaning:

1.1 Hospitality Business

The natural or legal person who conducts a business providing hospitality services.

1.2 Provision of Hospitality Service(s)

The provision by a hospitality business of accommodation and/or food and/or beverages and/or the provision of (function) rooms and/or grounds, including all associated activities and services, in the broadest sense of the word.

1.3 Customer

The natural or legal person who has concluded a hospitality agreement with a hospitality business or who indicates the intention to (possibly) conclude one. A distinction can be made between private and business customers. A private customer is a customer who does not act in a professional or business capacity. A business customer is a customer who acts in a professional or business capacity.

1.4 Guest

The natural person(s) to whom one or more hospitality service(s) must be provided under a hospitality agreement concluded with the customer. Where the UVH refers to guest or customer, both guest and customer are meant, unless the content and purpose of the provision necessarily implies that only one can be meant.

1.5 Hospitality Agreement/Reservation

An agreement between a hospitality business and a customer for one or more hospitality services to be provided by the hospitality business in exchange for a price to be paid by the customer. The term "reservation" is also used instead of "hospitality agreement".

1.6 Reservation Value

The value of the hospitality agreement, equal to the total expected turnover (turnover for the hospitality business resulting from what is provided under the hospitality agreement) of the hospitality business including any tourist tax and VAT for a hospitality agreement concluded with a customer. This expected turnover is based on the quote and any subsequent written price agreements and/or if those do not provide clarity on this point or if there is no quote and subsequent price agreements, the averages in effect within that hospitality business.

1.7 No-show

A customer's failure to use a hospitality service to be provided under a hospitality agreement without cancellation.

1.8 Group

A group of 10 or more guests to whom a hospitality business must provide hospitality services under one or more hospitality agreements to be considered as related.

1.9 Individual

Any person, falling under guest or customer, who does not belong to a group as defined above.

1.10 Corkage Fee

The amount charged for the consumption in the premises of a hospitality business of food and/or beverages not provided by that hospitality business. Corkage fee also includes: plate fee and/or kitchen fee.

1.11 Cancellation

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

Written communication also includes email or digital contact form, provided the sender is certain that the hospitality business has received the message.

1.12 Written

Written also always includes: digital.

1.13 Revenue Guarantee

A written declaration by the customer that the hospitality business will realize a minimum specified amount of turnover for one or more hospitality agreements.

1.14 Start Date

The moment on which the provision of catering services commences in accordance with the catering agreement. This does not preclude the catering business from performing work and/or incurring costs on behalf of the catering agreement prior to the commencement date.

Article 2 Applicability

2.1

The UVH apply with the exclusion of all other general terms and conditions to the conclusion and content of all catering agreements, as well as to all offers concerning the conclusion of these catering agreements. If other general terms and conditions should apply, the UVH shall prevail in case of conflict.

2.2

Deviations from the UVH are only possible in writing per catering agreement. No rights can be derived from modifications for subsequent agreements with the catering business.

2.3

The UVH are also valid for all natural and legal persons whom the catering business uses or has used in the conclusion and/or performance of a catering agreement or other agreement or in the operation of the catering business.

2.4

If a customer/guest uses the services of the catering business, they hereby accept that the UVH prevails over the (general) terms and conditions declared applicable by any intermediary - including an (online) sales platform.

Article 3 Conclusion of catering agreements

3.1

A catering business may refuse to conclude a catering agreement at any time for any reason, unless such refusal is based solely on one or more grounds designated as discrimination in Article 137c of the Criminal Code.

3.2

All offers made by a catering business concerning the conclusion of a catering agreement are non-binding. Offers are always made subject to availability. If the catering business invokes said reservation within a reasonable time after acceptance by the customer, the intended catering agreement is deemed not to have been concluded.

3.3

Catering agreements for customer(s)/guest(s) concluded by intermediaries (including freight forwarders, (online) travel agencies or agents, platforms and other catering businesses), whether or not on behalf of their client(s), are deemed to be concluded also for the account and risk of these intermediaries.

The catering business owes no commission/fee to intermediaries unless expressly agreed in writing otherwise. The customer/guest(s) and the intermediary(ies) are jointly and severally liable for payment of the amount due.

3.4

If the customer does not fully comply with all obligations towards the catering business arising from the catering agreement, the catering business is entitled to suspend service without being required to pay compensation.

3.5

If one of the parties to a catering agreement is unable to comply with any obligation from that catering agreement, they are required to inform the other party of this as soon as possible.

Article 4 Option right

4.1

An option right is the right of a customer to bring about the conclusion of the catering agreement within an agreed period by accepting a valid offer from the catering business.

An option right can only be granted and exercised in writing. The option right lapses if the customer has indicated they do not wish to use the offer or if the agreed period has elapsed without the customer indicating they wish to exercise the option right.

4.2

An option right may be revoked by the catering business if another customer makes an offer to the catering business to conclude a catering agreement for (part of) the catering services held in option.

The customer to whom the catering business has made an offer with option right must in that case be informed of the offer from the other customer, after which the first-mentioned customer must indicate within a period set by the catering business whether they wish to use the offer under option right. If no use is made of this or no response is received, this offer and the option right lapse.

Article 5 Rights and obligations of the catering business

5.1

The catering business may, in addition to these UVH, declare further house or conduct rules applicable by making this clearly known to the customer/guest.

5.2

The catering business may at any time and with immediate effect end catering services to or access to a venue for a guest if the guest violates the UVH, house and/or conduct rules, or behaves in any other way such that the order and peace in the catering business and/or its normal operation is disturbed.

The guest must then leave the catering business at first request. In that case, there is no obligation to pay compensation to the customer/guest.

5.3

The hospitality business is entitled, after consultation with the competent authority on site, to terminate the hospitality agreement out of court due to well-founded fear of disturbance of public order. In that case, there is no obligation to pay damages to the customer/guest.

5.4

The hospitality business is not obliged to accept and/or store any goods from the guest. If it does accept goods and no payment is made for this, it is at the guest's own risk.

If the hospitality business charges the guest any amount for accepting and/or storing goods, the hospitality business will take care of those goods as a prudent manager, without prejudice to the provisions further in these General Terms and Conditions.

5.5

The hospitality business is not obliged to allow any pet of a customer/guest and may attach conditions to admission. For the admission of assistance dogs, the statutory regulation(s) apply, including the exceptions specified therein.

5.6

The hospitality business may notify the customer no later than one month before the first hospitality service is to be provided under the applicable hospitality agreement(s) that various guests will be considered as a group. In that case, the provisions for groups apply to those guests.

Article 6 Rights and obligations of the customer

6.1

The customer is obliged to comply with the house rules and conduct rules applicable in the hospitality establishment and to follow reasonable instructions from the hospitality establishment. Reasonable instructions may also be given verbally.

6.2

The customer is obliged to cooperate with reasonable requests from the hospitality establishment in the context of its statutory obligations concerning, among other things, safety, identification, food safety/hygiene and nuisance prevention.

6.3

The hospitality establishment is entitled to require the customer to accept alternative accommodation/location than would be made available according to the hospitality agreement, provided that such accommodation/location is equivalent in the opinion of the hospitality establishment or agreement is reached between the hospitality establishment and the customer.

The customer receives no compensation in that case. If any additional costs are charged to the customer, the customer has the option to refuse the alternative and to terminate that part of the hospitality agreement to which the change relates with immediate effect.

Article 7 Reservations - table reservation

7.1

If the hospitality establishment offers this possibility, the customer can make a reservation, for example for a lunch or dinner. In that case, a date, time and number of guests are agreed for the reservation.

7.2

The hospitality establishment may attach conditions to the reservation such as payment of a deposit, advance payment or reconfirmation.

7.3

If the customer has not arrived within half an hour after the reserved time with the agreed number of guests, the hospitality establishment may consider the reservation cancelled, without prejudice to the provisions further in these Terms and Conditions.

The hospitality establishment may attach consequences to this if clearly communicated in advance, such as withholding the deposit or advance payment. Unless this is not permitted under law or legal rules.

Article 8 Reservations - accommodation

8.1

If accommodation is reserved, the hospitality establishment communicates prior to or at the latest when making this reservation about the time at which the accommodation is made available to the guest and by what time the guest must vacate the accommodation.

8.2

Unless otherwise agreed, the hospitality establishment is entitled to consider the accommodation reservation cancelled if the guest has not reported to the hospitality establishment on the first reserved day at 18:00, or the guest has not notified in time that they will arrive at a later time without the hospitality establishment having objected.

The foregoing applies, without prejudice to the provisions further in these Terms and Conditions.

Article 9 Consumption of beverages and corkage fee

9.1

For each guest who participates in an event, makes a reservation, who takes a seat at a table in a hospitality establishment or otherwise enters into an agreement with the hospitality establishment, it is in principle mandatory to purchase a beverage/hospitality service.

9.2

The hospitality establishment may prohibit the customer/guest from consuming food and/or drink brought from home or delivered by a meal delivery service in the hospitality establishment - including the terrace.

If the hospitality establishment allows the consumption of food and/or drink brought from home or delivered by a meal delivery service, the hospitality establishment may attach conditions to this allowance, including charging a corkage fee that has been set in advance, or the manner of delivery of food and/or drink by a meal delivery service.

Article 10 Safekeeping and lost and found items

10.1

The hospitality establishment is not responsible for safekeeping of left behind or found goods. Upon notification of the goods being left behind to the customer, the customer must collect the goods within 14 days.

The hospitality establishment is not obliged to send these goods. If it does so at the customer's request, this is at the customer's/guest's cost and risk.

If the goods are not collected or sent within 14 days, they may be removed by the hospitality establishment at the customer's/guest's expense. For lost and found items whose owner is not known, statutory rules apply.

10.2

Items lost or left behind in the hospitality establishment that are found by the guest must be turned in to the hospitality establishment as soon as possible.

Article 11 Payment

11.1

The customer owes the price agreed in the hospitality agreement. The prices are specified as much as possible on lists that are displayed by the hospitality establishment in a place visible to the customer or are handed to the customer, if necessary at their request, or that are digitally accessible to the customer.

A list is deemed to be displayed visibly for the customer if it is visible in the normally accessible areas of the hospitality establishment.

11.2

For special services, such as the use of cloakroom, garage, safe, laundry or dry cleaning, telephone, internet, wifi, room service, TV rental etc., the hospitality business may charge an additional fee which will be announced in advance by the hospitality business.

11.3

If a turnover guarantee has been issued in the hospitality agreement, the customer is in all cases obliged to pay at least the amount specified in the turnover guarantee to the hospitality business.

However, in case of (partial) termination of that hospitality agreement by a private customer, it applies to that private customer that if it concerns an agreement qualified as an assignment agreement, they cannot be held to the turnover guarantee, but only the actually incurred costs and a reasonable fee will be reimbursed by the private customer.

11.4

All invoices, including invoices for cancellation or no-show, are due by the customer at the moment they are presented to him.

The customer must immediately arrange for payment in cash or by bank or giro transfer, unless otherwise agreed. The hospitality business may at any time demand interim payment for services already provided.

11.5

The prices stated in an offer or hospitality agreement are based on the cost factors applicable at the time the offer or agreement was made.

The hospitality business reserves the right to charge the customer for any increases in one or more cost factors if they occur after the date the agreement was concluded but before the day of delivery.

This will be notified to the customer in writing in that case.

Furthermore, the hospitality business is entitled to apply an annual inflation adjustment in January of each year, which will also be communicated in writing to the customer/guest. This inflation adjustment is calculated on the basis of the most recent consumer price index figure (CPI) established by the Central Bureau for Statistics (CBS).

11.6

If it concerns a private customer and the price increase referred to in the previous paragraph of this article is implemented within 3 months after concluding the agreement concerning accommodation/rental, the customer may terminate the agreement after the price increase.

If the customer wishes to terminate the agreement on this ground, this must be communicated in writing to the hospitality business within 7 days of receipt of the new prices.

In that case, the customer will pay the costs incurred by the hospitality business at that time, the customer receives no compensation for damages.

11.7

As long as the customer has not fully complied with all his obligations to the hospitality business, the hospitality business is entitled to suspend its services under the hospitality agreement.

The hospitality business may require security from the customer/guest to ensure compliance with obligations. In addition to a right of retention, the hospitality business has a lien on goods handed over by the customer/guest to the hospitality business in this context, upon request.

11.8

If payment other than cash has been agreed, all invoices, for any amount, must be paid by the customer to the hospitality business within 14 days of the invoice date.

If an invoice is sent, the hospitality business 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 14 days.

11.9

If timely payment is not made, the customer is in default without any notice of default being required.

Only if the customer is a private customer will the hospitality business send a single notice of default with a period of at least 14 days to pay if payment is not made.

11.10

If the customer is in default, he must reimburse the hospitality business for all collection costs.

For private customers, extrajudicial collection costs are calculated in accordance with the Collection Costs Act and for business customers, a percentage of 15% of the outstanding invoice amount with a minimum of € 50,- applies.

11.11

Each payment will, regardless of any notation or remark made by the customer with that payment, be deemed to be applied to the customer's debt to the hospitality business in the following order:

• Enforcement costs
• Judicial and extrajudicial collection costs
• Interest
• Damages
• Principal amount

11.12

Payment is made in Euros.

If it is not clearly stated whether the amount is inclusive or exclusive of VAT, it is inclusive of VAT for private customers and exclusive of VAT for business customers.

If the hospitality business accepts foreign means of payment, the market exchange rate applicable at the time of payment applies. The hospitality business may charge an amount as administration costs that corresponds to a maximum of 10% of the amount offered in foreign currency.

The catering business can achieve this by adjusting the current market rate by a maximum of 10%.

11.13

The catering business is never required to accept payment methods other than cash and may impose conditions on the acceptance of such other payment methods.

Article 12 Deposit

12.1

If the catering business requests a deposit from a customer, this is communicated in good time before the agreement is concluded and properly recorded.

A deposit serves solely as security for the catering business and does not count as already realized turnover.

To further secure the catering business, it may require the customer to cooperate in providing the necessary information to ensure the deposit and the possibility of enforcing it as much as possible, including making a copy of the customer's credit card. Privacy regulations are taken into account in this respect.

12.2

If the customer fails to pay on time, the catering business may recover from the deposit for everything the customer owes.

If agreed in advance, the catering business may also directly offset the amount owed by the customer on the basis of the catering agreement against the deposit.

Any surplus must be refunded to the customer by the catering business without delay.

Article 13 Cancellation by business customers

13.1 General

13.1.1

The business customer is entitled to cancel a catering agreement subject to payment to the catering business of the cancellation costs mentioned in this article, broken down by type of catering agreement, unless otherwise agreed in writing with the customer. Customer in this article always means the business customer.

13.1.2

By concluding the catering agreement, the customer authorizes the catering business to deduct cancellation costs from any advance payment or deposit.

13.1.3

If the catering agreement is partially cancelled, the provisions below apply pro rata to the cancelled part and the remainder of the catering agreement remains in effect.

13.1.4

In the event of cancellation of one or more persons belonging to a group, the cancellation costs for groups are charged for those persons in question.

13.1.5

Reducing the number of persons in a reservation is considered a partial cancellation.

Notwithstanding the provisions in (13.2, 13.3 and 13.4), when reducing the number of persons in a reservation within 14 days before the start date, the full agreed reservation value may always be charged in any case.

13.1.6

Changing the date of a reservation is considered a cancellation of the original catering agreement.

13.2 Catering agreement regarding accommodation

These provisions apply to catering agreements with the main purpose of providing accommodation.

13.2.1 Individuals

When a reservation for accommodation, with or without breakfast, is made for one or more individuals, the cancellation costs of that reservation are the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 1 month before the start date: 0%
• more than 14 days to 1 month before the start date: 15%
• more than 7 days up to and including 14 days before the start date: 35%
• more than 3 days up to and including 7 days before the start date: 60%
• more than 24 hours up to and including 3 days before the start date: 85%
• 24 hours or less before the start date: 100%

13.2.2 Groups

When a reservation for accommodation, with or without breakfast, has been made for a group, the cancellation costs of that reservation shall be the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 3 months before the start date: 0%
• more than 2 months up to and including 3 months before the start date: 15%
• more than 1 month up to and including 2 months before the start date: 35%
• more than 14 days to 1 month before the start date: 60%
• more than 7 days up to and including 14 days before the start date: 85%
• 7 days or less before the start date: 100%

13.3 Catering agreement regarding the provision of food and/or beverages

These provisions apply to catering agreements with the main purpose of providing food and/or beverages.

13.3.1 Individuals and groups

When a reservation has been made for exclusively a catering service consisting of the provision of food and/or beverages (table reservation), the cancellation costs of that reservation shall be the following percentage of the reservation value applicable to that reservation:

a) Upon cancellation if a menu has been agreed:

• more than 14 days before the reserved time: 0%
• more than 7 days up to and including 14 days before the reserved time: 25%
• more than 3 days up to and including 7 days before the reserved time: 50%
• 3 days or less before the reserved time: 75%

b) Upon cancellation if no menu has been agreed:

• more than 48 hours before the reserved time: 0%
• 48 hours or less before the reserved time: 50%

13.4 Other catering agreements

This provision applies to catering agreements that do not specifically fall under the other provisions of this article.

13.4.1 Individuals

When a reservation has been made for one or more individuals, the cancellation costs of that reservation shall be the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 1 month before the reserved time: 0%
• more than 14 days up to and including 1 month before said time: 15%
• more than 7 days up to and including 14 days before said time: 35%
• more than 3 days up to and including 7 days before said time: 60%
• more than 24 hours up to and including 3 days before said time: 85%
• 24 hours or less before said time: 100%

13.4.2 Groups

When a reservation has been made for a group, the cancellation costs of that reservation shall be the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 6 months before the reserved time: 0%
• more than 3 months up to and including 6 months before the reserved time: 10%
• more than 2 months up to and including 3 months before the reserved time: 15%
• more than 1 month up to and including 2 months before the reserved time: 35%
• more than 14 days up to and including 1 month before the reserved time: 60%
• more than 7 days up to and including 14 days before the reserved time: 85%
• 7 days or less before the reserved time: 100%

Article 14 Cancellation by private customers

14.1 General

14.1.1

The private customer is entitled to cancel a catering agreement in accordance with the statutory provisions and this article. Customer as used in this article always means; the private customer.

14.1.2

By concluding the catering agreement, the customer consents to withholding any amounts due upon cancellation from any prepayment or deposit.

14.1.3

If the catering agreement is partially cancelled, the provisions below apply pro rata to the cancelled part and the remainder of the catering agreement remains in effect.

14.1.4

In the event of cancellation of one or more persons belonging to a group, the cancellation costs for groups are charged for those persons in question.

14.1.5

Changing the date of a reservation is considered a cancellation of the original catering agreement.

14.2 Catering agreement regarding service provision (service agreement)

14.2.1

The customer is at all times entitled to cancel a catering agreement or the part thereof that qualifies as a service agreement (agreement regarding service provision).

For any costs associated therewith, the statutory provisions and case law apply. The starting point is that the costs reasonably already incurred by the catering business as well as a reasonable fee shall be reimbursed by the customer to the catering business.

This may also include lost income if and insofar as a venue/space cannot reasonably be rented again on the relevant date, at least insofar as hall rental is included in the service agreement and this item cannot be considered a separate rental agreement.

14.2.2

Reducing the number of persons in a reservation is considered an amendment to the catering agreement in agreements of this type, therefore not as (partial) cancellation, unless the nature of the amendment indicates otherwise.

If the nature of the amendment indicates that there is indeed (partial) cancellation, the preceding provision shall apply.

The catering business is not required to accept an amendment to the agreement under this provision or may attach conditions thereto.

14.3 Catering agreement regarding accommodation and rent (not being a service agreement)

14.3.1

Any catering agreement or part thereof with a private customer that is not qualified as a service agreement, including a rental agreement or accommodation supply agreement, may be cancelled against payment to the catering business of the cancellation costs mentioned in this article, unless otherwise agreed in writing with the customer.

To that part of the catering agreement that is qualified as a service agreement, the cancellation provision for service agreements always applies.

14.3.2

Reducing the number of persons in a reservation is considered partial cancellation for catering agreements of this type.

Notwithstanding the provisions in 14.3.3 and 14.3.4, when reducing the number of persons in a reservation within 14 days before the start date, the full agreed reservation value may in any case be charged.

14.3.3 Individuals

When a reservation for accommodation, with or without breakfast, is made for one or more individuals, the cancellation costs of that reservation are the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 1 month before the start date: 0%
• more than 14 days to 1 month before the start date: 15%
• more than 7 days up to and including 14 days before the start date: 35%
• more than 3 days up to and including 7 days before the start date: 60%
• more than 24 hours up to and including 3 days before the start date: 85%
• 24 hours or less before the start date: 100%

14.3.4 Groups

When a reservation for accommodation, with or without breakfast, has been made for a group, the cancellation costs of that reservation shall be the following percentage of the reservation value applicable to that reservation:

Upon cancellation:

• more than 3 months before the start date: 0%
• more than 2 months up to and including 3 months before the start date: 15%
• more than 1 month up to and including 2 months before the start date: 35%
• more than 14 days to 1 month before the start date: 60%
• more than 7 days up to and including 14 days before the start date: 85%
• 7 days or less before the start date: 100%

Article 15 Cancellation by the catering business

15.1

The catering business is at all times entitled to cancel a catering agreement in accordance with this article, unless otherwise agreed.

15.2

In addition to what is already stated in these terms, the catering business is entitled to cancel the catering agreement immediately if:

a) The customer fails to meet the obligations from the catering agreement, general terms, or publicly disclosed house rules or instructions.

b) There is sufficient evidence that the meeting to be held at the catering business under the catering agreement has a significantly different character than could be expected based on the customer's announcement or the nature of the customer or guests, such that the catering business would not have entered into the agreement had it been aware of the actual character of the meeting.

c) There are other compelling reasons including termination of business by the catering business.

15.3

The catering business is entitled to, instead of exercising its authority as stated in the previous provision, impose further requirements regarding the conduct of the meeting in question.

If there is sufficient evidence that these further requirements will not be or are not adequately met, the catering business is still entitled to cancel the catering agreement immediately.

15.4

In the event of cancellation by the catering business under 15.2 a) and b), the customer owes cancellation costs in accordance with the cancellation costs applicable when cancelled by the customer itself as described in the GTCs depending on the nature of the agreement.

Furthermore, the catering business is entitled to claim full damages from business customers instead.

The catering business owes no costs to the customer and the customer/guest receives no compensation.

15.5

In the event of cancellation by the catering business under article 15.2 c) and where the reason lies in the conduct, omission or behaviour of the customer or his guests, article 15.4 applies.

If the reason for cancellation by the catering business cannot be attributed to the customer or his guests, the customer/guest owes no cancellation costs, for the rest 15.4 remains applicable.

Article 16 Liability

16.1

The catering agreement is performed at the customer's account and risk. The customer is also responsible for guests and/or other third parties engaged by them or involved in the catering agreement and everything resulting from it. The customer indemnifies the catering business against third party claims.

16.2

The customer is liable to the catering business for all direct and indirect damage suffered by the catering business due to the conduct or omission of the customer, guests or third parties engaged by the customer.

This also applies in the event of violation of house and/or conduct rules and also concerns damage caused by brought pets and/or brought goods.

16.3

The catering business is not liable for damage resulting from the catering agreement, unless there is intent or deliberately reckless conduct by the catering business.

16.4

If and to the extent the catering business is (still) liable, liability of the catering business is in all cases limited to direct damage.

Furthermore, this liability is limited to the amount paid by its liability insurance, increased by the deductible.

If and insofar as for any reason no payment is made and the catering business would still be obligated to compensate for damage, this compensation is limited to the reservation value.

16.5

The catering business is not liable for damage caused by third parties engaged by it.

16.6

The catering business is not liable for theft, damage or loss of goods brought into the catering business by a guest/customer, deposited or left there by them and/or held in custody at the catering business without a fee being charged.

The customer indemnifies the catering business against claims from guests in this regard.

16.7

If damage occurs to goods held in custody for a guest/customer for which a fee is charged, due to damage or loss, the catering business will compensate for that damage unless that damage reasonably cannot be borne by it.

Compensation is not owed for other goods contained in the deposited goods.

16.8

The catering business is not liable for damage caused to or with vehicles of the guest/customer.

16.9

The catering business is not liable for damage, direct or indirect, to anyone or anything arising as a direct or indirect result of any defect or any quality or circumstance on, in or at any movable or immovable property of which the catering business is holder, (lease)holder, tenant or owner or which is otherwise made available to the catering business.

16.10

The customer/guest is responsible for the accuracy and completeness of all information and data provided to the catering business, including all relevant information regarding the execution of the catering agreement and allergies.

The catering business is not liable for damage resulting from its actions if these are based on incorrect or incomplete information provided by the customer/guest.

16.11

The catering business takes allergies into account as much as possible, but cannot provide guarantees in this regard.

Furthermore, it cannot be prevented that traces of unwanted ingredients still appear in the food, unless expressly stated otherwise.

The catering business is not liable for the consequences thereof.

16.12

It is the customer's responsibility to verify before entering into the agreement whether a potentially rented location is suitable for the intended purpose.

If this is not the case, this is at the customer's expense and risk and the catering business is not liable for any damage; the full rental fee must be paid.

16.13

The catering business provides only non-binding advice and is not liable for the content and/or consequences of the advice provided by it.

16.14

The customer must adequately insure themselves against the consequences of this article.

Article 17 Force Majeure

17.1

Force majeure applies to the catering business if there is a circumstance that cannot be attributed to the catering business, but which prevents the catering business from executing the catering agreement to such an extent that execution becomes impossible or difficult.

In that case, there is a non-attributable breach of the catering business which cannot be held against it.

17.2

Force majeure applies, among other things (but not exclusively), in the case of withdrawal of permits, national mourning, prevention and interruption of transport facilities as a result of which required products/goods cannot be delivered, staff shortages, malfunctions in the catering business and obstructions caused by measures, laws or decisions of international, national and regional (government) authorities.

17.3

In case of force majeure, the parties shall review in mutual consultation and in all reasonableness whether the catering agreement can be suspended or adapted to the new situation, e.g. by modifying and/or relocating the catering agreement.

Cost reductions and/or cost increases as a result of said adjustments are entirely at the customer's expense and risk.

17.4

If suspension or adjustment proves impossible, both the catering business and the customer are entitled to terminate the catering agreement or the part not yet executed due to force majeure.

The catering business retains the right to the full agreed reservation value in all cases, reduced by all cost savings and increased by all cost increases as a result of this termination.

For private customers, the actual costs incurred and a reasonable fee must be paid by the customer instead of the reservation value for that part of the agreement that is qualified as a contract for services.

17.5

The catering business is not liable for force majeure situations. The customer should insure themselves against the financial risks of force majeure if desired.

Article 18 Epidemic Diseases/Covid

18.1

This article contains additional agreements regarding epidemic and contagious diseases, such as Covid-19 (hereinafter collectively: epidemic diseases) and applies if a catering agreement cannot be performed in the agreed form due to government measures.

'Government measures' means: the government rules and measures in effect at that time in relation to epidemic diseases.

18.2

This article only takes effect after the government measures have been implemented; until then, the regular agreements made between the parties apply.

This article prevails over the catering agreement and general terms and conditions that apply between the parties.

18.3

The catering business will make maximum efforts to comply with government measures in performing the catering agreement.

18.4

The customer must ensure that guests comply with government measures during performance of the catering agreement.

18.5

The catering business is not responsible or liable for non-compliance with government measures by the customer and/or guests.

The customer indemnifies the catering business against any claims in this regard.

18.6

If a catering agreement cannot be performed in the agreed form due to government measures, the parties consider this force majeure as a result of epidemic diseases and the force majeure provisions of these Terms apply.

18.7

The (temporary) cessation of service/suspension of a catering agreement due to non-compliance with government measures by the customer/guests is not force majeure.

18.8

The premise is that the catering agreement is adapted to the government measures.

The catering business and the customer/guest will discuss together whether adaptation is possible, whereby both parties will act constructively, reasonably and fairly.

18.9

If the catering agreement is adapted in accordance with the preceding provision, the reservation value agreed between the catering business and the customer remains due to the catering business, provided that all cost reductions are deducted and all cost increases are added.

The catering business will make efforts to minimize cost increases and maximize cost reductions.

The customer understands that the catering business is partly dependent on all involved suppliers and the terms they apply.

18.10

If the catering agreement cannot be adapted to the government measures, the premise is that the date of performance of the catering agreement is rescheduled.

The catering business and the customer will assess together whether rescheduling is possible, whereby both parties will act constructively, reasonably and fairly.

18.11

If a date in the catering agreement is adjusted, the reservation value agreed between the catering business and the customer remains due to the catering business, provided that all cost reductions are deducted and all cost increases are added.

The catering business will make efforts to minimize cost increases and maximize cost reductions.

The customer understands that the catering business is partly dependent on all involved suppliers and the terms they apply.

18.12

If the catering agreement cannot be adapted under this article, it may be terminated by either party, whereby the service provided by the catering business is cancelled.

If the catering agreement is terminated and the service provided by the catering business is cancelled, the reservation value agreed between the catering business and the customer remains due to the catering business, provided that all cost reductions are deducted and all cost increases are added.

The catering business will make efforts to minimize cost increases and maximize cost reductions.

The customer understands that the catering business is partly dependent on all involved suppliers and the terms they apply.

If the customer is a private individual, the actual costs incurred and reasonable compensation must be paid by the customer instead of the reservation value for that part of the agreement that is classified as a service agreement.

Article 19 Complaints

19.1

Complaints must be reported to the catering business in writing and with sufficient detail as soon as possible.

This must be done no later than 24 hours after becoming aware of the complaint and no later than 7 days after performance of the catering agreement, or in accordance with statutory provisions.

19.2

The parties will consult on a solution. If performance of the agreement is still possible, the catering business will be given the opportunity to do so.

Article 20 Publicity, Privacy and Image Material/Promotion

20.1

The customer/guest requests permission from the catering business for announcements they make in connection with the catering agreement that are intended for publicity.

20.2

Guests are not permitted to display, install or cause to be displayed or installed boards, banners, advertising lights, loudspeakers or other objects inside or outside in the immediate vicinity of the location where services are provided under the catering agreement for the purpose of advertising of any kind, without prior written permission from the catering establishment.

20.3

The catering establishment is permitted to use image material created during the execution of a catering agreement in which the guest is not recognizable, for promotional purposes.

20.4

The catering establishment and the guest ensure that privacy regulations are observed.

The catering establishment is not liable for breach of privacy regulations by the guest and may assume that data provided by the guest and agreements made with the guest can be executed by the catering establishment without taking further measures in accordance with privacy regulations.

Article 21 Applicable law and disputes

21.1

Catering agreements are exclusively governed by Dutch law.

21.2

In the event of disputes between the catering establishment and a guest, the competent court at the place of establishment of the catering establishment in the Netherlands shall have exclusive jurisdiction, unless mandatory statutory provisions provide for another court to have jurisdiction and without prejudice to the catering establishment's right to have the dispute settled by the court that would have jurisdiction in the absence of this clause.

Article 22 Final provisions

22.1

The invalidity of one or more provisions in these Terms does not affect the validity of all other provisions.

If any provision in these Terms is invalid for any reason, the parties shall agree on a replacement provision that approximates the invalid provision as closely as possible in terms of purpose and scope.