General Terms and Conditions
Chamber of Commerce
Number
The General Terms and Conditions for the Hotel and Catering Industry (AVH) are the terms and conditions under which hospitality businesses established in the Netherlands, such as hotels, restaurants, cafés, and related businesses (including catering companies, party service companies, etc.), provide hospitality services and enter into hospitality agreements. The AVH are filed with the District Court and the Chamber of Commerce in Amsterdam.
Article 1
DefinitionsThe following words in the General Terms and Conditions of Catering and in the offers and agreements to which the General Terms and Conditions apply, shall have the following meanings
1.1 Catering EstablishmentThe natural or legal person or company that conducts its business providing catering services and is a member of the Dutch Catering Guild (NHG).
1.2 ManagerThe person who represents a catering establishment in concluding and executing catering agreements.
1.3 Provision of Catering ServicesThe provision of accommodation and/or food and/or drinks by a catering establishment and/or the making available of (hall) space and/or grounds, all with all associated activities and services, and all in the broadest sense of the word.
1.4 CustomerThe natural or legal person or company that has concluded a catering agreement with a catering establishment.
1.5 GuestThe natural person(s) to whom one or more catering services must be provided on the basis of a catering agreement concluded with the customer. Where the General Terms and Conditions refer to guest or customer, this refers to both guest and customer unless the content of the provision and its scope necessarily imply that only one of the two can be intended.
1.6 Catering agreementAn agreement between a catering establishment and a customer regarding one or more catering services to be provided by the catering establishment at a price to be paid by the customer. Instead of the term catering agreement, the term reservation is sometimes used.
1.7 Hotel businessThe catering business where the provision of catering services consists mainly or exclusively of providing accommodation.
1.8 Restaurant businessThe catering business where the provision of catering services consists mainly or exclusively of providing food and accompanying drinks.
1.9 Café businessThe catering business where the provision of catering services consists mainly or exclusively of providing drinks.
1.10 Hall rental businessThe catering business where the provision of catering services consists mainly or exclusively of making hall space available.
1.11 Reservation value (the value of the catering agreement)The total expected turnover of the catering business, including service charges (tourist tax) and VAT, with respect to a catering agreement concluded with a customer, which expectations are based on the averages applicable within that catering business.
1.12 Dutch Catering Guild (NHG)The employers' organization for catering companies or its possible legal successor.
1.13 CancellationThe written notification by the customer to the catering business that
1.14 No-show: A guest's failure to use a catering service to be provided under a catering agreement without cancellation.
1.15 Group: A group of persons to whom a catering establishment must provide one or more catering services under one or more agreements.
1.16 Individual: Any person who does not belong to a group as defined above.
1.17 Goods: All goods, including money, monetary instruments and negotiable instruments.
1.18 Corkage: The amount payable for the consumption of drinks not provided by a catering establishment on its premises.
1.19 Kitchen fee: The amount payable for the consumption of food not provided by a catering establishment on its premises.
1.20 Turnover guarantee: A written statement from the customer that one or more Catering agreements stipulate that the catering business will generate a minimum turnover of a certain amount. Article titles are for reference only. No rights can be derived from them.
Article 2
2.1 The General Terms and Conditions apply to the conclusion and content of all catering agreements, as well as to all offers relating to the conclusion of these catering agreements, to the exclusion of all other general terms and conditions. If other general terms and conditions apply, the General Terms and Conditions shall prevail in the event of a conflict.
2.2 Deviation from the General Terms and Conditions is only possible in writing and in individual cases.
2.3 The General Terms and Conditions also apply to all natural and legal persons used or have used by the catering establishment in concluding and/or executing a catering agreement or another agreement, or in operating the catering establishment.
2.4 Once the General Terms and Conditions have been declared legally applicable to a specific catering agreement, the most recently valid version of the General Terms and Conditions shall be deemed applicable to all subsequent catering agreements between the parties, unless otherwise agreed in writing.
Article 3
3.1 A catering establishment may at any time and for any reason refuse to conclude a catering agreement, unless such refusal is based solely on one or more of the grounds listed in Article 429 of the Dutch Criminal Code (discrimination).
3.2 All offers made by a catering establishment regarding the conclusion of a catering agreement are without obligation and subject to the proviso "while stocks (or capacity) last". If the catering establishment invokes this proviso within a reasonable period to be determined depending on the circumstances after acceptance by the customer, the intended catering agreement is deemed not to have been concluded.
3.3 If the catering establishment has granted the customer (option holder) an option right, this right cannot be revoked, except if and insofar as another potential customer makes the catering establishment an offer to conclude a catering agreement regarding all or part of the catering services outstanding under the option. The option holder must then be informed of this offer by the catering establishment, after which the option holder must indicate whether or not they wish to exercise the option right. If the option holder does not indicate that they wish to exercise the option right, the option right will lapse. An option right can only be granted in writing.
3.4 Catering agreements for one or more guests brought in by intermediaries (shipbrokers, travel agencies, other catering establishments, etc.), whether or not in the name of their relationship(s), are deemed to have been concluded partly for the account and risk of these intermediaries. The catering establishment is not liable to intermediaries for any commission or fee, however named, unless expressly agreed otherwise in writing. Full or partial payment of the amount owed by the guest will release the intermediary to the same extent.
Article 4
General obligations of the catering establishment
4.1 The obligations stated in this article apply to every catering establishment. All obligations arising from the special character of the catering establishment and the nature of the catering services to be provided are included in the following articles.
4.2 In the event that the special arrangement as referred to in Article 5 et seq. deviates from a general provision in paragraphs 4.3 to 4.7, the special arrangement applies.
4.3 Without prejudice to the provisions of the following articles, the catering establishment is obliged under the catering agreement to provide the agreed catering services in the manner customary in that catering establishment.
4.4 The obligation referred to in Article 4.3 does not apply:a. in the event of force majeure on the part of the catering establishment as referred to in Article 15;b. if the guest fails to appear or appears more than half an hour late;c. if the customer does not pay the deposit/interim payment referred to in Article 10 on time;d. if the customer, despite a request to do so, does not provide a turnover guarantee on time;e. if the customer in any other way fails to fully comply with all his obligations which he has towards the catering establishment on any grounds whatsoever.
4.5 The catering establishment is not obliged to receive and/or take into safekeeping any property of the guest.
4.6 If the catering establishment charges the guest any amount for receiving and/or taking into safekeeping the goods, the catering establishment must take good care of those goods, without prejudice to the provisions of Article 12.
4.7 The catering establishment is never obliged to admit any pet of the guest and may attach conditions to such admission.
Article 5
Obligations of the hotel company
5.1 The hotel company is obliged to provide the guest with accommodation of the quality customary in its hotel for the agreed period, taking into account the provisions of the third paragraph.
5.2 The hotel company is also obliged to be able to provide the associated catering services customary in its hotel and to supply the facilities customary there.
5.3 The accommodation must be available to the guest from 3 p.m. on the day of arrival until 10 a.m. on the day of departure.
5.4 The hotel company must hang up, affix or place the house rules in a clearly visible place for the guest to consult, or hand the house rules to the guest in writing. The guest is obliged to comply with the house rules. 5.5 The hotel establishment is entitled to terminate the provision of catering services to a guest at any time without notice if the guest repeatedly violates the house rules or otherwise behaves in such a way that the order and peace in the catering establishment and/or the normal operation thereof may be or is disturbed. The guest must then leave the hotel upon first request.
5.6 Unless otherwise agreed, the hotel establishment is entitled to consider the reservation as cancelled if the guest has not reported to them by 6:00 PM on the first reserved day, without prejudice to the provisions of Article 9.
5.7 The hotel establishment is entitled to request that the guest accept accommodation other than that which should be made available according to the catering agreements, unless such a request is deemed unreasonable and too inconvenient for the guest. In the latter case, the guest/customer has the right to immediately terminate the catering agreement to which the aforementioned request of the catering establishment pertains, without prejudice to their obligations under other catering agreements. If the catering establishment saves money by providing alternative accommodation based on the foregoing, the guest and/or customer is entitled to the amount of that saving. Otherwise, the catering establishment will never be liable for any damages.
Article 6
6.1 The restaurant is obligated to provide the guest with the agreed facilities at the agreed time and to serve the agreed food and beverages in a quantity, quality, and manner customary in its restaurant.
6.2 If no food or beverages have been agreed in advance, the restaurant will, upon request, provide whatever food and beverages it can provide at that time, without prejudice to the other provisions of Article 6.1.
6.3 The restaurant is entitled to refrain from providing catering services or to discontinue them at any time if the guest does not behave in a way that is consistent with the standard and operation of its restaurant. The restaurant may, among other things, impose requirements regarding the guest's appearance. The guest must leave the restaurant upon first request.
6.4 If the guest has not arrived within half an hour of the reserved time, the restaurant may consider the reservation canceled, without prejudice to the provisions of Article 9.
Article 7
Obligations of the café business
7.1 The café business is obligated to provide guests with the beverages it has in stock upon request. In addition, the café business must be able to provide the usual catering services within its business.
7.2 The café business is entitled to refrain from providing catering services or to discontinue them at any time if the guest does not behave in a way that is consistent with the status and operation of its café. The café business may, among other things, impose requirements regarding the guest's appearance. The guest must leave the café upon first request.
7.3 The café business is entitled to discontinue serving products if, in the opinion of the employee or owner, there is excessive alcohol consumption or undesirable behavior.
Article 8
8.1 The catering establishment is entitled to provide a different space than stipulated in the catering agreement, unless this is deemed unreasonable and too inconvenient for the guest. In the latter case, the guest/customer has the right to immediately terminate the catering agreement to which the aforementioned request of the catering establishment pertains, without prejudice to their obligations under other catering agreements. If the catering establishment saves money by providing a different space than stipulated in the catering agreement, the guest and/or customer is entitled to the amount of that saving. The catering establishment will never be liable for any other damages.
The catering establishment is also obligated to provide its customary catering services to guests.
8.3 The catering establishment is entitled to refrain from providing catering services or to discontinue them at any time if the guest does not behave in a way that is consistent with the status and operation of its catering establishment. The catering establishment may impose requirements regarding, among other things, the guest's appearance. The guest must leave the catering establishment upon first request.
8.4 The catering establishment, after consultation with the local authorities, is entitled to terminate the catering agreement due to a well-founded fear of a disturbance of public order. If the catering establishment exercises this authority, it will not be liable for any damages.
Article 9
Cancellations 9.1.1 The customer is not authorized to cancel a catering agreement unless they simultaneously and irrevocably offer to pay the amounts specified below. Every cancellation is deemed to include such an offer. Such an offer is deemed to have been accepted if the catering establishment does not immediately reject it. Cancellation must be made in writing and dated. The customer cannot derive any rights from a verbal cancellation. The provisions of Article 9 apply without prejudice to the provisions of other articles.
9.1.2 The catering establishment may, no later than one month before the first catering service under the relevant catering agreement is to be provided, declare to the customer that it will consider certain individuals as a group. All provisions for groups then apply to those individuals.
9.1.3 The provisions of Articles 13.1 and 14.6 also apply to cancellations.
9.1.4 In the event of a no-show, the customer is obliged in all cases to determine the reservation value.
9.1.5 If not all agreed catering services are cancelled, the provisions below apply pro rata to the cancelled catering services.
9.1.6 If one or more agreed catering services are cancelled in whole or in part, the terms in the following articles will be increased by four months if the reservation value of the cancelled catering service(s) exceeds the correspondingly calculated value of the other catering services that the catering establishment could have provided in the period in which the cancelled catering services should have been provided.
9.1.7 Amounts that the catering establishment has already become liable to pay to third parties in view of the cancelled catering agreement at the time of cancellation must at all times be fully reimbursed by the customer to the catering establishment, provided that the catering establishment has not acted unreasonably in entering into the relevant obligations. The amounts in question shall be deducted from the reservation value referred to in the following provisions.
9.2 CANCELLATIONS OF HOTEL ACCOMMODATION/LODGING
9.2.1 GROUPSIf a reservation for hotel accommodation only, with or without breakfast, has been made for a group, the following applies to cancellations of that reservation.A. In the event of cancellations more than 3 months before the time at which the first catering service should be provided under the catering agreement, hereinafter referred to as: 'the commencement date', the Customer is not obliged to pay any compensation to the Hotel Establishment.B. In the event of cancellation more than 2 months before the commencement date, the Customer is obliged to pay 15% of the reservation value to the Hotel Establishment.C. In the event of cancellation more than 1 month before the commencement date, the Customer is obliged to pay 35% of the reservation value to the Hotel Establishment.D. In the event of cancellation more than 14 days before the commencement date, the Customer is obliged to pay 60% of the reservation value to the Hotel Establishment.E. In case of Cancellation more than 7 days before the Commencement Date, the Customer is obliged to pay 85% of the Reservation Value to the Hotel Establishment. F. In case of Cancellation more than 7 days or less before the Commencement Date, the Customer is obliged to pay 100% of the Reservation Value to the Hotel Establishment.
9.2.2 INDIVIDUALS When a reservation for hotel accommodation only, with or without breakfast, has been made for one or more individuals, the following applies to the cancellation of that reservation. A. In case of Cancellation more than 1 month before the Commencement Date, the Customer is not obliged to pay any amount to the Hotel Establishment. B. 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 Establishment. C. 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 Establishment. D. 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 Establishment. E. In case of cancellation more than 24 hours before the commencement date, the customer is obliged to pay 85% of the reservation value to the hotel establishment.F. In case of cancellation 24 hours or less before the commencement date, the customer is obliged to pay 100% of the reservation value to the hotel establishment.
9.3 CANCELLATIONS OF RESTAURANT/TABLE RESERVATIONS
9.3.1 GroupsWhen a reservation for a restaurant only (table reservation) has been made for a group, the following applies to cancellations of that reservation:1 If a menu has been agreed:a. In case of cancellation more than 14 days before the reserved time, no compensation will be due;b. In case of cancellation 14 days or less but more than 7 days before the reserved time, the customer will owe 25% of the reservation value;c. In case of cancellation 7 days or less before the reserved time, the customer will owe 50% of the reservation value;d. In case of cancellation 3 days or less before the reserved time, the customer will owe 75% of the reservation value;2 If no menu has been agreed:a. In case of cancellation more than 48 hours before the reserved time, no compensation will be due;b. In case of cancellation within 48 hours before the reserved time, the customer will owe 50% of the reservation value.
9.3.2 IndividualsIf a reservation for a restaurant only (table reservation) has been made for one or more individuals, the following applies to the cancellation of that reservation: In case of cancellation within 48 hours before the reserved time, 50% of the reservation value will be due
9.4 CANCELLATIONS OF OTHER CATERING AGREEMENTS
9.4.1 The following applies to cancellations of all reservations not falling under Articles 9.2 and 9.3. If a reservation has been made for a group, the following applies to the cancellation of that reservation.A. In case of cancellation more than 6 months before the time at which the first catering service should be provided under the relevant catering agreement, the customer is not obliged to pay any compensation to the catering establishment. B. In case of cancellation more than 3 months before the intended time, the customer is obliged to pay 10% of the reservation value to the catering establishment. C. In case of cancellation more than 2 months before the intended time, the customer is obliged to pay 15% of the reservation value to the catering establishment. D. In case of cancellation more than 1 month before the intended time, the customer is obliged to pay 35% of the reservation value to the catering establishment. E. In case of cancellation more than 14 days before the intended time, the customer is obliged to pay 60% of the reservation value to the catering establishment. F. In case of cancellation more than 7 days before the intended time, the customer is obliged to pay 85% of the reservation value to the catering establishment. G. In case of cancellation 7 days or less before the intended time, the customer is obliged to pay 100% of the reservation value to the catering establishment.9.4.2. When a reservation has been made for a group, the following applies to cancellation of that reservation:A. In case of cancellation more than 6 months before the time at which the first catering service should have been provided according to the relevant catering agreement, the customer is not obliged to pay any compensation to the catering establishment.B. In case of cancellation more than 3 months before the intended time, the customer is obliged to pay 10% of the reservation value to the catering establishment.C. In case of cancellation more than 2 months before the intended time, the customer is obliged to pay 15% of the reservation value to the catering establishment.D. In case of cancellation more than 1 month before the intended time, the customer is obliged to pay 35% of the reservation value to the catering establishment.E. In case of cancellation more than 14 days before the intended time, the customer is obliged to pay 60% of the reservation value to the catering establishment. F. In case of cancellation more than 7 days before the intended time, the customer is obliged to pay 85% of the reservation value to the catering establishment.F. In case of cancellation within 7 days or less before the intended time, the customer is obliged to pay 100% of the reservation value to the catering establishment.
9.4.3. When a reservation has been made for one or more individuals, the following applies to the cancellation of that reservation:A in case of cancellation more than 1 month before the time at which the first catering service should have been provided according to the relevant catering agreement, the customer is not obliged to pay any compensation to the catering establishment.B in case of cancellation more than 14 days before the said time, the customer is obliged to pay 15% of the reservation value to the catering establishment.C in case of cancellation more than 7 days before the said time, the customer is obliged to pay 35% of the reservation value to the catering establishment.D in case of cancellation more than 3 days before the said time, the customer is obliged to pay 60% of the reservation value to the catering establishment.E in case of cancellation more than 24 hours before the said time, the customer is obliged to pay 85% of the reservation value to the catering establishment.F in case of cancellation 24 hours or less before the said time, the customer is obliged to pay 100% of the reservation value to the catering establishment.
9.5 CANCELLATIONS BY THE CATERING BUSINESS
9.5.1 The The catering establishment is entitled to cancel a catering agreement, subject to the following, unless the customer has given written notice within seven days after the conclusion of the catering agreement in question that they wish the catering establishment to waive their power of cancellation, provided that the customer has also unequivocally stated that they waive their own power of cancellation. 9.5.2 If the catering establishment cancels a catering agreement for the provision of food and accompanying drinks, Articles 9.1.1 and 9.3.2 apply accordingly, with the term customer and catering establishment being interchanged.
9.5.4 The catering establishment is at all times entitled to cancel a catering agreement without being obliged to pay the amounts referred to above, if there are sufficient indications that the basis of that catering agreement, the meeting to be held in the catering establishment, is of such a different nature than could be expected on the basis of an announcement by the customer or on the basis of the capacity of customer or guests, that the catering establishment would not have concluded the agreement if it had been aware of the actual nature of the meeting. If the catering establishment exercises this authority after the meeting in question has begun, the customer is obliged to pay for the catering services received up to that point, but their payment obligations for the remainder shall lapse. The compensation for catering services received will, where applicable, be calculated on a time-proportional basis.
9.5.5 Instead of exercising the authority referred to in Article 9.5.4, the catering establishment is entitled to impose additional requirements regarding the course of the meeting in question. If there are sufficient indications that these requirements are not (or will not be) complied with, the catering establishment is still entitled to exercise the authority referred to in Article 9.5.4.
9.5.6 If and insofar as the catering establishment also acts as a tour operator within the meaning of the law, the following applies with regard to travel agreements within the meaning of the law. The catering establishment may amend the travel agreement on a material point due to significant circumstances of which the traveler is immediately informed. The catering establishment may also amend the travel agreement other than on a material point due to significant circumstances of which the traveler is immediately informed. Up to twenty days before the start of the trip, the catering establishment may increase the travel price due to changes in transportation costs, including fuel costs, applicable levies, or applicable exchange rates. If the traveler rejects a change as described above, the catering establishment may cancel the travel agreement.
Article 10
Deposit and Interim Payment
10.1. The catering establishment may at any time require the customer to deposit or arrange for the deposit of a deposit with the catering establishment, amounting to a maximum of the reservation value minus any interim payments already made. Deposits received are properly administered, serve solely as security for the catering establishment, and explicitly do not count as revenue already achieved.
10.2. The catering establishment may at any time request interim payments for catering services already provided.
10.3. The catering establishment may recover from the amount deposited pursuant to the preceding provisions any amount owed by the customer, for whatever reason. The catering establishment must immediately repay any surplus to the customer.
Article 11
Turnover guarantee
11.1 If a turnover guarantee has been issued, the customer is obliged to pay the catering company at least the amount specified in the turnover guarantee in respect of the relevant catering agreement(s).
Article 12
Liability of the Catering Establishment
12.1. The exclusion of liability in this article does not apply if the catering establishment has received compensation from an insurance company or another third party for the risk that has materialized.
12.2. Without prejudice to the provisions of Article 4.6, the hotel establishment is not liable for damage to or loss of goods brought to the hotel by a guest who has taken up residence there. The customer indemnifies the hotel establishment against claims from guests in this regard. The provisions here do not apply if the damage or loss is due to intent or gross negligence on the part of the hotel establishment.
12.3. Without prejudice to the provisions of Articles 12.7 and 12.8, the catering establishment is never liable for any damage whatsoever suffered by the customer, the guest, and/or third parties, unless the damage is the direct result of intent or gross negligence on the part of the catering establishment. This exclusion of liability applies specifically to damage resulting from the consumption of food prepared or reserved by the catering establishment and to damage resulting from automation problems. If mandatory law only permits a less extensive limitation of liability, that less extensive limitation shall apply.
12.4 Under no circumstances is the catering establishment obligated to pay compensation exceeding: 1. the reservation value or, if this is higher, 2a. the amount paid by the catering establishment's insurer to the catering establishment for the damage, or 2b. the compensation received from another third party for the damage.
12.5. The catering establishment is never liable for damage caused to or with the guest's vehicles, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the catering establishment.
12.6. The catering establishment is never liable for damage, directly or indirectly, to anyone or anything whatsoever, arising as a direct or indirect result of any defect or any condition or circumstance on, in, or on any movable or immovable property of which the catering establishment is the holder, leaseholder, renter, or owner, or that is otherwise at the disposal of the catering establishment, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the catering establishment.
12.7. If damage occurs to the goods deposited for the guest, for which a fee as referred to in Article 4.6 is charged, the catering establishment is obligated to compensate the damage. Compensation is never due for other goods present in the delivered goods.
12.8. If the Catering Establishment accepts goods or if goods are deposited, stored and/or left behind in any way whatsoever, anywhere and by anyone without the Catering Establishment charging any compensation for this, then the Catering Establishment shall never be liable for damage to or in connection with those goods, however caused, unless the Catering Establishment has intentionally caused this damage, or the damage is the result of gross negligence on the part of the Catering Establishment.
12.9. The Customer (not being a natural person who is not acting in the exercise of a profession or business) fully indemnifies the Catering Establishment against any claim, however named, which the Guest and/or any third party may assert against the Catering Establishment, if and insofar as this claim can be related in the broadest sense to any (catering) service to be provided or has been provided by the Catering Establishment under any agreement with the Customer or to the accommodation in which such (catering) service was or was to be provided.
12.10. The provisions of Article 12.9. The intended indemnification obligation also applies if the catering agreement with the customer and/or guest has been terminated in whole or in part for any reason whatsoever.
Article 13
Liability of the guest and/or customer
13.1. The customer, guest, and any person accompanying them are jointly and severally liable for all damage that has occurred and/or may occur to the catering establishment and/or any third party as a direct or indirect result of breach of contract (attributable shortcoming) and/or unlawful act, including violations of the house rules, committed by the customer, guest, and/or any person accompanying them, as well as for all damage caused by any animal and/or any substance and/or any item in their possession or under their supervision.
Article 14
Settlement and payment
14.1. The customer owes a price specified in the catering agreement or, insofar as the catering agreement was concluded more than three months before the time at which the catering services to be performed under that agreement must be provided, the prices applicable at the time the catering service(s) must be provided, which also includes the prices stated on lists displayed by the catering establishment in a place visible to the guest or included in a list handed to the customer/guest, if necessary at the guest's request. Changes in the VAT rate will always be passed on to the customer.
14.2 A list is deemed to be displayed in a visible place for the guest if it is visible in the normally accessible areas of the catering establishment.
14.3 For special services, such as the use of a cloakroom, garage safe, laundry, telephone, telex, TV rental, etc., the catering establishment may charge an additional fee.
14.4 All invoices, including invoices for cancellations or no-shows, are payable by the customer and/or guest at the time they are presented to them. The customer must ensure cash payments unless otherwise agreed in writing or otherwise agreed.
14.5 If an invoice is sent for an amount of less than €150.00 pursuant to the provisions of the fourth paragraph, the catering establishment may charge an additional €15.00 in administration costs. The provisions of this article apply mutatis mutandis to that amount.
14.6 The guest and the customer are jointly and severally liable for all amounts owed by either or both of them to the catering establishment for any reason whatsoever. Neither can invoke any right of execution. Unless otherwise agreed, catering agreements are deemed to have been concluded on behalf of each guest. By appearing, the guest acknowledges that the customer was authorized to represent them at the conclusion of the relevant catering agreement.
14.7 As long as the guest and/or customer has not fully fulfilled all their obligations to the catering establishment, the catering establishment is entitled to take possession of and retain all goods brought to the catering establishment by the guest and/or customer, until the guest and/or customer has fulfilled all their obligations to the catering establishment to the satisfaction of the catering establishment. In addition to a right of retention, the catering establishment is also entitled to a lien on the goods in question.
14.8 If payment other than cash has been agreed upon, all invoices, regardless of the amount, must be paid to the catering establishment by the customer within fourteen days of the invoice date. If an invoice is sent, the catering establishment is at all times entitled to charge a credit restriction surcharge of 2% of the invoice amount, which will be waived if the customer pays the invoice within fourteen days.
14.9 If and to the extent that timely payment is not made, the customer is in default without any notice of default being required.
14.10 If the customer is in default, they must reimburse the catering establishment for all collection costs, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal amount due, with a minimum of €100, all of which are increased by the VAT due on that amount.
14.11 In addition, if the customer is in default, they owe interest at a rate of 2% above the statutory interest rate. Part of a month is considered a full month when calculating the interest due.
14.12 If the catering establishment has goods as referred to in Article 14.7 in its possession and the customer from whom the catering establishment received the goods has been in default for three months, the catering establishment is entitled to sell these goods publicly or privately and recover the proceeds. The costs associated with the sale are also borne by the customer, and the catering establishment can also recover these costs from the proceeds of the sale. Any amount remaining after the Catering Establishment's recovery will be paid to the Customer.
14.13 Every down payment, regardless of any note or comment made by the Customer with that payment, will be deemed to reduce the Customer's debt to the Catering Establishment in the following order: 1. The costs of execution; 2. The judicial and extrajudicial collection costs; 3. The interest; 4. The damages; 5. The principal amount.
14.4 Payment is made in euros. If the Catering Establishment accepts foreign payment methods, the market rate applicable at the time of payment will apply. The Catering Establishment may charge an amount as administration costs corresponding to a maximum of 10% of the amount offered in foreign currency. The Catering Establishment can achieve this by adjusting the applicable market rate by a maximum of 10%.
14.15 The Catering Establishment is never obligated to accept other such payment methods and may impose conditions on the acceptance of such payment methods.
Article 15
Force Majeure
15.1 Force majeure for the catering establishment, which means that any shortcomings caused by it cannot be attributed to the catering establishment, shall be deemed to be any foreseeable or unforeseeable circumstance that hinders the performance of the catering agreement by the catering establishment to such an extent that the performance of the catering agreement becomes impossible or difficult.
15.2 Such circumstances shall also be understood to include such circumstances involving persons and/or services and/or institutions which the catering establishment wishes to use in the performance of the catering agreement, as well as everything that in the preceding cases applies as force majeure or suspensive or resolutive conditions, as well as breach of contract by the aforementioned.
15.3 If one of the parties to a catering agreement is unable to fulfil any obligations under that catering agreement, it is obliged to inform the other party of this as soon as possible.
Article 16
Lost and Found
16.1 Any items lost or left behind in the building and its appurtenances of the catering establishment and found by the guest must be returned to the catering establishment by the guest without delay.
16.2 The catering establishment acquires ownership of any items whose rightful owner has not reported them to the catering establishment within one year of their return.
16.3 If the catering establishment sends any items left behind by the guest to the guest, this is done entirely at the guest's expense and risk. The catering establishment is never obligated to return any items.
Article 17
Corkage
17.1 If the guest and/or customer consumes drinks on the premises of a catering establishment that have not been provided by that catering establishment, the customer is liable to pay a corkage fee per bottle consumed.
17.2 If the guest and/or customer consumes food on the premises of a catering establishment that have not been provided by that catering establishment, the customer is liable to pay a corkage fee in that regard.
17.3 The amounts referred to in Articles 17.1 and 17.2 are agreed in advance or, in the absence of prior agreement, are reasonably determined by the catering establishment.
Article 18
Applicable law and disputes
18.1 Dutch law applies exclusively to catering agreements.
18.2 In the event of disputes between the catering establishment and a customer (not being a natural person who is not acting in the exercise of a profession or business), the competent court in the place of residence of the catering establishment has exclusive jurisdiction, unless another court has jurisdiction by virtue of mandatory statutory provision and without prejudice to the authority of the catering establishment to have the dispute settled by the court that would have been competent in the absence of this clause.
18.3 If and as soon as a dispute committee has been established under the auspices of the Dutch Catering Guild and any other organisations involved, the disputes for the settlement of which the dispute committee has been established will be settled in accordance with the regulations drawn up for this purpose.
18.4 All claims of the customer shall lapse one year after the moment at which they arose.
18.5 The invalidity of one or more of the clauses in these general terms and conditions shall not affect the validity of all other clauses. If any provision in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed on a valid replacement provision that approximates the invalid provision as closely as possible in meaning and scope.Drawn up and signed in duplicate in Eindhoven, 10 February 2004.Dutch Horeca GuildR. BoerdamChairman