The UVH were originally prepared in the Dutch language. In case of disputes regarding the interpretation of an article, the Dutch text of the UVH shall be decisive.
The Uniform Conditions for the Hotel and Catering Industry (UCHCI) are the terms and conditions on the basis of which hospitality businesses in the Netherlands, e.g. hotels, restaurants, cafes and related businesses (including catering businesses, party service businesses and the like) provide hospitality services and conclude hospitality agreements. The UCHCI were filed with the Chamber of Commerce in Woerden and registered there under number 40482082.
Article 1 Definitions
For the purpose of the UCHCI and in the offers and agreements to which the UCHCI are applicable the following words are each time understood as follows:
1.1 Hospitality business
The natural or legal person or company that carries on a business engaged in the provision of hospitality services.
The person who represents a hospitality business upon the conclusion and implementation 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 the availability of (meeting) space and/or premises, all with the thereto-pertaining activities and services, and all in the broadest sense of the word.
The natural or legal person or company that concluded a hospitality agreement with a hospitality business.
The natural person(s) to whom one or more hospitality services must be provided in pursuance of a hospitality agreement concluded with the customer. Where the UCHCI refer to guest or customer this is understood as both guest and customer, unless the content of the provision and its scope necessarily imply that only one of both can be meant.
1.6 Hospitality agreement
An agreement between a hospitality business and a customer regarding one or more hospitality services to be provided by the hospitality business at a price payable by the customer. Instead of the term hospitality agreement the term reservation is occasionally used.
1.7 Reservation value
The value of the hospitality agreement that equals the total expected turnover of the hospitality business, including potential tourist tax and VAT, regarding a hospitality agreement concluded with a customer, which expectation is based on the average numbers applicable within the relevant hospitality business.
1.8 Royal Association of Businesses in the Catering and Related Industry
The Royal Association of Businesses in the Catering and Related Industry “Hospitality Netherlands” and/or its potential legal successor.
A guest not making use of the hospitality service to be provided in pursuance of a hospitality agreement without cancellation.
A group of 10 or more guests to whom hospitality services must be provided in pursuance of one or more hospitality agreements to be qualified as a coherent whole.
Each and every person, falling under guest or customer, who is not part of a group according to the aforementioned definition.
1.12 Corkage and food charge
The amount payable for the consumption of beverages and/or food in the premises of a hospitality business that were not supplied by the hospitality business.
The communication in written form by the customer to the hospitality business that one or more stipulated hospitality services shall not be used, either in full or in part, or the communication in written form by the hospitality business to the customer that one or more of the stipulated hospitality services shall not be provided, either in full or in part.
1.14 Turnover guarantee
A written declaration of the customer that with regard to one or more hospitality agreements the hospitality business shall at least realise a certain amount of turnover.
Article 2 Applicability
2.1 The UCHCI are applicable, with the exclusion of any and all other general terms and conditions, to the conclusion and the content of any and all hospitality agreements as also to any and all offers regarding the conclusion of the said hospitality agreements. If other general terms and conditions are nonetheless applicable then the UCHCI shall prevail in case of a discrepancy.
2.2 It is only possible to deviate from the UCHCI in writing and on a case by case basis.
2.3 The UCHCI also extend to the benefit of any and all natural and legal persons that the hospitality business relies on or relied on upon the conclusion and/or the implementation of a hospitality agreement or upon the exploitation of the hospitality business.
Article 3 Conclusion of hospitality agreements
3.1 A hospitality business may always, for any reason whatsoever, reject the conclusion of a hospitality agreement, unless this kind of rejection exclusively takes place on one or more grounds that are qualified as discrimination in section 429 quarter of the Dutch Criminal Code.
3.2 Any and all offers made by a hospitality business regarding the conclusion of a hospitality agreement are subject to contract and the proviso “whilst stocks (and/or capacity) last”. If the hospitality business relies on the aforementioned proviso within a reasonable period of time after acceptance by the customer then the intended hospitality agreement is deemed not to have been concluded.
3.3 A hospitality agreement concluded for a guest (guests) by intermediaries (shipbrokers, travel agencies, online travel agents and other hospitality businesses and the like), whether or not in the name of their business relation(s), are deemed to also have been concluded at the risk and expense of the said intermediaries. The hospi-tality business is not liable to pay a commission or bonus, by any name whatsoever, unless expressly stipulated otherwise in writing. The guest (guests) and the intermediary (intermediaries) are jointly and severally liable for the payment of the amount due.
Article 4 Option right
4.1 An option right is the right of a customer to unilaterally conclude the hospitality agreement through the mere acceptance of a valid offer of the hospitality business.
4.2 An option right can only be granted in writing. An option right can be stipulated for a fixed or an open term. The option right expires if the holder of the option states not to rely on the option right or if the fixed term has expired without the holder of the option stating to rely on the option right.
4.3 An option right cannot be revoked by the hospitality business, unless another potential customer makes an offer to the hospitality business to conclude a hospitality agreement regarding the total or a part of the hospitality services included in the option. The holder of the option must, as the occasion arises, be informed of the said offer by the hospitality business after which the holder of the option must state within a time limit to be im-posed by the hospitality business whether or not the holder of the option intends to rely on the option right. If the holder of the option does not state within the imposed time limit to rely on the option right then the option right expires.
Article 5 General rights and obligations of the hospitality business
5.1 Pursuant to the hospitality agreement the hospitality business is, without prejudice to the provisions set forth in the following articles, held to provide the stipulated hospitality services at the stipulated times in the manner common for the said hospitality business.
5.2 The hospitality business is authorised to always, without taking a notice period into account, terminate the provision of hospitality services to a guest if the guest acts in breach of the internal rules and/or the rules of conduct or otherwise acts in such manner that the order and the rest within the hospitality business and/or the normal exploitation thereof are disrupted. As the occasion arises the guest must on demand leave the hospi-tality business. If the customer otherwise fails to fully comply with his obligations vested in the same vis-à-vis the hospitality business on any account whatsoever then the hospitality business is entitled to suspend the provision of services. The hospitality business can only exercise the present authorities if the nature and the seriousness of the violations committed by the guest give, at the reasonable discretion of the hospitality business, sufficient cause to the same.
5.3 After consultation with the competent local authorities the hospitality business shall be authorised to rescind the hospitality agreement extrajudicially on account of well-founded fear for disruption of the public order. If the hospitality business relies on this authority then the hospitality business shall not be liable to pay any compensation to the customer.
5.4 The hospitality business is not held to take receipt of and/or retain any good of the guest. The above implies that the hospitality business shall not be responsible and/or liable for damage to or loss or theft of any good of the guest that the hospitality business rejected to take receipt of and/or retain.
5.5 If the hospitality business charges an amount to the guest for taking receipt of and/or retaining goods then the hospitality business must supervise the said goods as befits a good pater familias, without prejudice to the provisions set forth in article 12.
5.6 The hospitality business is not held to permit any pet of the guest access and may impose conditions on the permission. The statutory provisions, including the relevant exceptions, are applicable to the permission for guide dogs.
Article 6 General obligations of the guest
6.1 The guest is held to comply with the internal rules and the rules of conduct applicable within the hospitality business and to follow the reasonable instructions of the hospitality business. The hospitality business must communicate the internal rules and the rules of conduct in a clearly visible manner or provide the same in writing. Reasonable instructions can be given orally.
6.2 The guest is held to lend cooperation in reasonable requests of the hospitality business within the framework of its statutory duties regarding, inter alia, safety, identification, food safety / hygiene and limitation of nuisance.
Article 7 Reservations
7.1 If the guest has not arrived within half an hour after the reserved time then the hospitality business can consi-der the reservation to have been cancelled, without prejudice to the provisions set forth in article 9.
7.2 The hospitality business can impose conditions on the reservation.
Article 8 Hospitality service consisting of the provision of accommodation and/or the availability of (meeting) space and/or premises
8.1 In case of accommodation the hospitality business communicates in advance at what time the accommodation is made available to the guest and before what time the guest must have checked out.
8.2 Unless stipulated otherwise, the hospitality business is entitled to consider the reservation for accommodation to have been cancelled if the guest did not present himself on the first reserved day at 18:00 o’clock or if the guest did not indicate to arrive at a later time in a timely fashion and the hospitality business did not object to this. The above applies without prejudice to the provisions set forth in article 9.
8.3 The hospitality business is entitled to require of the guest that the latter accepts a different, similar accommodation or (meeting) space and/or premises than would need to be made available according to the hospitality agreement. The guest can reject the said alternative. In the latter instance the guest is entitled to terminate the hospitality agreement to which the said request of the hospitality business is related with immediate effect, without prejudice to his obligations on account of other hospitality agreements.
Article 9 Cancellations
9.1 Cancellation by customers, general
9.1.1 The customer is authorised to cancel a hospitality agreement upon payment of the cancellation costs. If the customer does not arrive within half an hour after the stipulated time then the customer is deemed to have can-celled and he shall then be liable to pay the cancellation costs. If the customer yet arrives after half an hour (or later) after the stipulated time then the hospitality business can rely on the said payable cancellation costs or yet implement the hospitality agreement and require full compliance by the customer in connection therewith.
9.1.2. At the latest one month before the first hospitality service must be provided in pursuance of the relevant hospitality agreement the hospitality business can inform the customer that certain individuals together are qualified as a group. Any and all group provisions are then applicable to the said persons.
9.1.3. The provisions set forth in articles 13.1 and 14.4 are also applicable to cancellations.
9.1.4. In case of a no-show the customer is in all instances held to pay the reservation value.
9.1.5. If not all stipulated hospitality services are cancelled then the following provisions are applicable pro rata to the cancelled hospitality services.
9.2 Cancellation of a hospitality service comprising the provision of accommodation
If a reservation for accommodation alone, whether or not with breakfast included, was made for one or more individuals then in case of cancellation of the said reservation the following percentages of the reservation value are applicable that must be paid to the hospitality business by the customer (unless stipulated otherwise in writing):
In case of cancellation:
More than 1 month before the start date: 0%
More than 14 days before the start date: 15%
More than 7 days before the start date: 35%
More than 3 days before the start date: 60%
More than 24 hours before the start date: 85%
24 hours or less before the start date: 100%
If a reservation for accommodation alone, whether or not with breakfast included, was made for a group then in case of cancellation of the said reservation the following applies (unless stipulated otherwise in writing). In case of cancellation before the time that according to the hospitality agreement the first hospitality service shall need to be provided, hereinafter referred to as: the “start date”, the customer is held to pay the following percentages of the reservation value to the hospitality business in case of cancellation:
More than 3 months before the start date: 0%
More than 2 months before the start date: 15%
More than 1 month before the start date: 35%
More than 14 days before the start date: 60%
More than 7 days before the start date: 85%
7 days or less before the start date: 100%
9.3 Cancellation of a hospitality service comprising the provision of food and/or beverages
If a reservation for a hospitality service comprising the provision of food and/or beverages alone was made (ta-ble reservation) for a group then the following percentages of the reservation value apply in case of cancellation that the customer must pay to the hospitality business: 1. If a menu was agreed on: