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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 hospi-
tality 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 busi-
ness, 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 com-
pensation 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
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communicate the internal rules and the rules of conduct in a clearly visible manner or provide the same in wri-
ting. 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 nuisan-
ce.
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 accommo-
dation 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 by business customers
This article is only applicable to customers who pursue professional or commercial activities.
9.1
9.1.1 Cancellation by business customers, general
The customer is authorised to cancel a hospitality agreement upon payment of the cancellation costs. If a
customer does not arrive within half an hour after the stipulated time then the customer is deemed to have
cancelled and shall 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 either invoke these payable cancellation costs
or can yet implement the hospitality agreement and require complete compliance by the customer with the
hospitality agreement.
9.1.2 The hospitality business can, at the latest one month before the first hospitality service in pursuance of the
relevant hospitality agreement must be provided to the customer, declare to qualify certain individuals
together as a group. As the occasion arises, any and all provisions for groups 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 the event of a no-show, the customer shall in all instances be required to pay the reservation value.
9.1.5 If not all stipulated hospitality services are cancelled then the following provisions are applicable
proportionately to the cancelled hospitality services.
9.2 Cancellation by business customers of a hospitality service consisting of the provision of accommodation
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9.2.1 Individuals
If a reservation was made exclusively for accommodation, whether or not with breakfast included, for one or
more individuals then the following percentages of the reservation value, which must be paid by the customer
to the hospitality business, are applicable to cancellation (unless stipulated otherwise in writing):
In case of cancellation:
More than 1 month before the start date 0%
More than14 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%
9.2.2 Groups
If a reservation was made exclusively for accommodation, whether or not with breakfast included, for a group
then the following applies to cancellation of the said reservation (unless stipulated otherwise in writing).
In case of cancellation before the time that the first hospitality service shall need to be provided in pursuance
of the hospitality agreement, hereinafter referred to as: the “start date”, the customer shall be required to pay
the following percentages of the reservation value, which must be paid by the customer 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 by business customers of a hospitality service consisting of the provision of food and/or beverages
9.3.1 Groups
If a reservation was made exclusively for a hospitality service consisting of the provision of food and/or
beverages (table reservation) for a group then the following percentages of the reservation value, which must
be paid by the customer to the hospitality business in case of cancellation, are applicable:
1. If a menu was stipulated:
More than 14 days before the reserved time 0%
14 days or less but more than 7 days before the reserved time 25%
7 days or less before the reserved time 50%
3 days or less before the reserved time 75%
2. If no menu was stipulated:
More than 48 hours before the reserved time 0%
48 hours or less before the reserved time 50%
9.4 Cancellation by business customers of other hospitality agreements
The following percentages of the reservation value, which must be paid by the customer to the hospitality
business in case of cancellation, are applicable to cancellation of all reservations that do not fall under articles
9.2 and 9.3.
9.4.1
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9.4.2 If a reservation was made for a group then the following applies to cancellation of the said reservation:
More than 6 months before the reserved time 0%
More than 3 months before the reserved time 10%
More than 2 months before the reserved time 15%
More than 1 month before the reserved time 35%
More than 14 days before the reserved time 60%
More than 7 days before the reserved time 85%
7 days or less before the reserved time 100%
If a reservation was made for one or more individuals then the following applies to cancellation of the said
reservation:
More than 1 month before the reserved time 0%
More than 14 days before the reserved time 15%
More than 7 days before the reserved time 35%
More than 3 before the reserved time 60%
More than 24 hours before the reserved time 85%
24 hours or less before the reserved time 100%
9.5 Cancellation of agreements with business customers by the hospitality business
9.5.1 The hospitality business is, in consideration of the following, authorised to cancel a hospitality agreement,
unless stipulated otherwise.
9.5.2 If the hospitality business cancels a hospitality service for the provision of food and beverages then articles
9.1.1 and 9.3.1 are applicable by analogy, whilst exchanging customer and hospitality business.
9.5.3 If the hospitality business cancels a hospitality agreement other than those intended in article 9.5.2 then
articles 9.1.1 and 9.2.2 are applicable by analogy, whilst exchanging customer and hospitality business.
9.5.4 The hospitality business is always authorised to cancel a hospitality agreement without being liable to pay the
aforementioned amounts, if there are sufficient indications that the meeting to be held in pursuance of the said
hospitality agreement is of such nature that it can be expected, on the basis of announcement by the customer
or on the basis of the capacity of the customer or guests, that the hospitality business would not have
concluded the agreement if it had been informed of the actual nature of the meeting. If the hospitality business
relies on this authority after the relevant meeting has already started then the customer is required to pay for
the hospitality services enjoyed up to that time, however its obligation to pay for the remainder expires. As the
occasion arises, the fee for enjoyed hospitality services shall be calculated in proportion to time.
9.5.5 The hospitality business is entitled to, in lieu of exercising its authority as intended in article 9.5.4, impose
further requirements in respect of the course of the relevant meeting. If there are sufficient indications that the
said requirements are not (shall not be) respected then the hospitality business shall yet be entitled to exercise
its authority as intended in article 9.5.4.
9.5.6 If and to the extent that the hospitality business also acts as tour operator within the meaning of the law the
following applies with regard to travel agreements within the meaning of the law. The hospitality business can
change the travel agreement on an essential point on account of compelling circumstances that are forthwith
communicated to the traveller. The hospitality business can also change the travel agreement other than on
an essential point on account of compelling circumstances that are forthwith communicated to the traveller.
9.4.3
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Up to twenty days prior to the start of the trip the hospitality business can increase the travel sum in
connection with changes in the transport costs, including fuel expenses, the payable duties or the applicable
exchange rates. If the traveller rejects a change as intended above then the hospitality business can cancel the
travel agreement.
Article 9A Cancellations by private customers
This article is only applicable to customers who do not pursue professional or commercial activities. In
theremainder of this article the said customers are referred to as ‘private customers’
9A.1
9A.1.1
9A.2
9A.2.1
Cancellation by private customers, general
The customer is always authorised to cancel a hospitality agreement. The statutory provisions are applicable
as the guiding principle with regard to costs potentially associated with this, unless this article expressly
determines otherwise. Cancellation by private customers of a hospitality service consisting of the provision of
accommodation.
Cancellation by private customers of a hospitality service consisting of the provision of accommodation
Individuals
If a reservation is exclusively made for accommodation for one or more individuals then the following
percentages of the reservation value that must be paid by the customer to the hospitality business are
applicable to cancellation of the said reservation (unless stipulated otherwise in writing):
9A.2.1.2
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 before the start date 60%
More than 24 hours before the start date 85%
24 hours or less before the start date 100%
9A.2.1.1
If accommodation is part of a reservation that also includes other forms of services
then it is noted that in case of cancellation of the said reservation article 9A.2.1.1 is applicable to the
accommodation part of the said reservation. Article 9A.1.1 is applicable to the other services of the reservation.
9A.2.2 Groups
If a reservation is exclusively made for accommodation for a group then the following applies to cancellation
of the said reservation (unless stipulated otherwise in writing). In case of cancellation before the time that the
first hospitality service shall need to be provided in pursuance of the hospitality agreement, hereinafter
referred to as: the “start date”, the customer shall be required to pay the following percentages of the
reservation value that must be paid by the customer to the hospitality business in case of cancellation:
9A.2.2.1
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%
If accommodation is part of a reservation that also includes other forms of services then it is noted that in
case of cancellation of the said reservation article 9A.2.2.1. is applicable to the accommodation part of the
said reservation. Article 9A.1.1 is applicable to the other services of the reservation.
Cancellation and change of agreements with private customers by the hospitality business
The hospitality business can cancel the agreement in the event of compelling reasons.
If and to the extent that the hospitality business also acts as tour operator within the meaning of the law the
following applies with regard to travel agreements within the meaning of the law.
9A.2.2.2.
9A.3
9A.3.1
9A.3.2
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The hospitality business can change the travel agreement on an essential point on account of compelling
circumstances that are forthwith communicated to the traveller. The hospitality business can also change the
travel agreement other than on an essential point on account of compelling circumstances that are forthwith
communicated to the traveller. Up to twenty days before the start of the trip the hospitality business can
increase the travel sum in connection with changes in the transport costs, including fuel expenses, the payable
duties or the applicable exchange rates. If the traveller rejects a change as intended above then the hospitality
business can cancel the travel agreement.
Article 10 Security deposit and interim payment
10.1 The hospitality business may require of the customer that he pays a security deposit to the hospitality busi-
ness. Received security deposits are administered properly, exclusively serve as security for the hospitality
business and are expressly not qualified as already realised turnover. By way of additional security of the hospi-
tality business it may require of the customer that cooperation is lend in the supply of the required data, inclu-
ding the creation of a print or copy of the credit card of the customer, in order to secure the security deposit and
the possibility of securing the levy of execution against the same as much as possible.
10.2 The hospitality business can always require interim payment for already provided hospitality services.
10.3 The hospitality business can recover everything that the customer is liable to pay to the same on any account
whatsoever from the amount that was deposited in pursuance of the above provisions. The surplus must forth-
with be repaid to the customer by the hospitality business.
Article 11 Turnover guarantee
If a turnover guarantee was issued then the customer is held to in connection with the relevant hospitality
agreement(s) at least pay the hospitality business the amount determined in the turnover guarantee.
Article 12 Liability of the hospitality business
12.1 The hospitality business shall be liable vis-à-vis the guest for damages that are the result of a failure of the
hospitality business to comply with the agreement, unless the said failure cannot be blamed on the hospitality
business or to persons on whose assistance the hospitality business relies during the implementation of the
agreement.
12.2 Without prejudice to the provisions set forth in article 5.5 the hospitality business shall not be liable for dama-
ge to or loss of goods that were taken to the hospitality business by a guest who is staying there. The customer
indemnifies the hospitality business against claims of guests in connection therewith. The provisions set forth
here are not applicable to the extent that the damage or the loss can be blamed on intent or gross negligence of
the hospitality business.
12.3 The hospitality business shall not be liable for damage caused to or with vehicles of the guest barring if and to
the extent that the damage is the direct result of intent or gross negligence of the hospitality business.
12.4 The hospitality business shall not be liable for damage, directly or indirectly, caused to whomever or whatever
as a direct or indirect result of a defect or capacity or circumstance of, in or at a movable or immovable property
of which the hospitality business is the holder, lessee, leaseholder or owner or that is otherwise available to the
hospitality business, barring if and to the extent that the damage is the direct result of intent or gross negligen-
ce of the hospitality business.
12.5 Liability of the hospitality business is limited to the amount that can within reason be insured.
12.6 If damage is caused to goods retained for the guest for which a fee as intended in article 5.5 is paid then the
hospitality business is liable to pay compensation for these goods resulting from damage or loss. Compensati-
on shall not be payable in connection with other goods present in the goods presented for safekeeping.
12.7 If the hospitality business takes receipt of goods or if goods are, in any way whatsoever, deposited, kept and/or
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left by someone wherever, without the hospitality business stipulating a fee for the same, then the hospitality
business shall not be liable for damage to or in connection with the said goods, caused in any way whatsoever,
unless the hospitality business intentionally inflicted the said damage or if the damage is the result of intent or
gross negligence of the hospitality business. In all instances it applies that the hospitality business cannot be
held to pay compensation for damage to goods that are present in goods that are deposited, kept and/or left,
regardless of the fact whether or not the hospitality business stipulates a fee for this.
Article 13 Liability of the guest and/or customer
13.1 The customer and the guest and those accompanying the same are jointly and severally liable for any and all
damages that are and/or shall be inflicted on the hospitality business and/or a third party as a direct or indi-
rect result of an imputable failure to comply and/or an unlawful act, including a violation of the internal rules,
committed by the customer and/or the guest and/or those accompanying the same as also for damages that
are inflicted by an animal and/or a good of which they are the holder or that falls under their supervision.
Article 14 Settlement and payment
14.1 The customer is liable to pay the price stipulated in the hospitality agreement. The prices are mentioned on
lists that are placed by the hospitality business at a location visible to the guest or were included in a list that
is, if need be as requested, presented to the customer or accessible to the customer via digital sources. A list is
deemed to have been placed in a manner visible to the customer if it is visible in the commonly accessible areas
of the hospitality business.
14.2 The hospitality business can charge an additional fee for special services, e.g. the use of a cloakroom, garage,
safe-deposit box, laundry or dry cleaning, telephone, internet, Wi-Fi, room service, TV rental, and the like.
14.3 Any and all invoices, also including invoices regarding cancellation or no-show, are payable by the customer at
the moment that they are presented to the same. The customer must provide for payment in cash or payment
by bank or giro, unless stipulated otherwise.
14.4 The guest and the customer are jointly and severally liable for any and all amounts that one of them or both
of them are liable to pay to the hospitality business on any account whatsoever. Hospitality agreements are,
barring a provision to the contrary, deemed to also have been concluded on behalf of each and every guest. By
showing up the guest confirms that the customer was authorised to represent the same upon the conclusion of
the relevant hospitality agreement.
14.5 As long as the customer has not complied with all his obligations vis-à-vis the hospitality business in full the
hospitality business shall be entitled to take possession of and keep any and all goods that the customer
brought along to the hospitality business until the customer has complied, to the satisfaction of the hospitality
business, with all his obligations vis-à-vis the hospitality business. Apart from a right of retention the hospitali-
ty business is, as the occasion arises, entitled to a right of pledge on the relevant goods.
14.6 If payment other than in cash was stipulated then any and all invoices, for any amount whatsoever, must be
paid to the hospitality business by the customer within fourteen days after the date of the invoice. If an invoice
is sent then the hospitality business is always authorised to charge a late payment surcharge of 2%, which expi-
res if the customer pays the invoice within fourteen days.
14.7 If and to the extent that timely payment fails to materialise the customer shall be in default without any notice
of default being required. Only if the customer is a natural person (consumer) shall the hospitality business
send a once-only notice of default if payment fails to materialise with a time limit of at least 14 days to yet make
the payment.
14.8 If the customer is in default then the customer must compensate the hospitality business for any and all costs
associated with the collection. The extrajudicial collection costs are charged in accordance with the law.
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14.9 If the hospitality business has goods in its possession as intended in article 14.5 and the customer whose
goods the hospitality business has in its possession has been in default for a period of three months then the
hospitality business is entitled to sell the goods publicly or privately and to recover its costs from the proceeds.
The costs associated with the sale are also at the expense of the customer and the hospitality business can also
recover these from the proceeds. The amount that remains after the recovery by the hospitality business is paid
to the customer.
14.10 Each and every payment shall, regardless of any note or comment made with the said payment by the customer,
be applied to the debt of the customer to the hospitality business in the following order:
• the costs of execution
• the judicial and extrajudicial collection costs
• the interest
• the damages
• the principal sum
14.11 Payment takes place in euros. If the hospitality business accepts foreign means of payment then the market
rate applicable at the time of payment applies. In this respect the hospitality business can charge an amount
on account of administration costs that corresponds with a maximum of 10% of the amount that is offered in
foreign currency. The hospitality business can accomplish this by revising the market rate by a maximum of
10%.
14.12 The hospitality business is never held to accept means of payment other than cash and can impose conditions
on the acceptance of these kinds of other means of payment.
Article 15 Force majeure
15.1 Each and every foreseen or unforeseen, foreseeable or unforeseeable, circumstance that hinders the implemen-
tation of the hospitality agreement by the hospitality business such that the implementation of the hospitality
agreement becomes impossible or burdensome shall be qualified as force majeure on the part of the hospitality
business that implies that a potential thus occurring shortcoming of the hospitality business cannot be blamed
on the same.
15.2 If one of the parties to a hospitality agreement is unable to comply with an obligation by virtue of the said hos-
pitality agreement then this party is held to forthwith inform the other party accordingly.
Article 16 Found objects
16.1 Objects lost or left behind in the building and appurtenances of the hospitality business that are found by the
guest must forthwith be presented to the hospitality business.
16.2 The hospitality business acquires the title of objects of which the rightful owner did not report to the hospitality
business within one year after presentation of the same to the hospitality business.
16.3 If the hospitality business sends objects left behind by the guest to the guest then this shall take place entirely
at the risk and expense of the guest. The hospitality business shall never be held to proceed with despatch.
Article 17 Corkage and food charge
17.1 The hospitality business can prohibit the guest from consuming personal food and/or beverages at the hospita-
lity business, including the terrace. If the hospitality business permits the consumption of personal food and/or
beverages then the hospitality business may impose conditions on the said permission, including the charging
of corkage and/or a food charge.
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17.2 The amounts as intended in article 17.1 are stipulated in advance or are, failing prior agreement, within reason
established by the hospitality business.
Article 18 Applicable law and disputes
18.1 Dutch law is exclusively applicable to hospitality agreements.
18.2 In case of disputes between the hospitality business and a customer (not being a natural person who does not
act within the performance of a business or profession) the competent court in the place of establishment of
the hospitality business is exclusively competent, unless mandatory statutory provisions designate a different
competent court and without prejudice to the authority of the hospitality business to have the dispute settled
by the court that would have been competent failing this clause.
18.3 Any and all claims of the customer expire after a period of one year has lapsed since they arose.
18.4 The invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity
of all other provisions. If a provision of these general terms and conditions appears to be invalid, for any reason
whatsoever, then the parties are deemed to have stipulated a valid alternative provision that best approaches
the scope and application of the invalid provision.
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