Terms and Conditions

The Uniform Conditions for the Hospitality Industry (UVH) apply to all reservations and services of Restaurant Ode. Below you can read the full text.

Article 1: Definitions

1.1 Restaurant Ode
The natural or legal person that operates a business providing hospitality services.

1.2 Providing hospitality service(s)
The provision of accommodation and/or food and/or drinks and/or the availability of (event) space and/or grounds by Restaurant Ode, including all associated tasks and services, and everything in the broadest sense of the word.

1.3 Customer
The natural or legal person who has entered into a hospitality agreement with Restaurant Ode or shows the intention to enter into one (possibly).

1.4 Guest
The natural person(s) to whom one or more hospitality service(s) must be provided based on a hospitality agreement concluded with the customer.

1.5 Hospitality Agreement/Reservation
An agreement between Restaurant Ode and a customer regarding one or more hospitality services to be provided by Restaurant Ode at a price to be paid by the customer.

1.6 Reservation Value
The value of the hospitality agreement, which is equal to the total revenue expectation of Restaurant Ode including any tourist tax and VAT related to a hospitality agreement concluded with a customer.

1.7 No-show
The failure of a customer to make use of a hospitality service to be provided under a hospitality agreement without cancellation.

1.8 Group
A group of 10 or more guests to whom hospitality services must be provided by Restaurant Ode under one or more hospitality agreements that are to be considered coherent.

1.9 Individual
Any person, falling under guest or customer, who does not belong to a group according to the above definition.

1.10 Corkage Fee
The amount due for consuming drinks and/or food not provided by Restaurant Ode in its premises. Corkage fee also refers to and includes: plate fee and/or kitchen fee.

1.11 Cancellation
The written notification from the customer to Restaurant Ode that one or more agreed hospitality services will not be used in whole or in part.

1.12 Written
Written includes, in any case, also digital.

1.13 Revenue Guarantee
A written statement from the customer that a minimum amount of revenue will be generated by Restaurant Ode for one or more hospitality agreements.

1.14 Effective Date
The moment when the provision of hospitality services begins in accordance with the hospitality agreement.

Article 2: Applicability

2.1 Applicability of UVH
The UVH applies exclusively to the formation and content of all hospitality agreements, as well as to all offers regarding the formation of these hospitality agreements.

2.2 Deviations
Deviations from the UVH are only possible in writing per hospitality agreement.

2.3 Validity of UVH
If a customer/guest uses the services of Restaurant Ode, they accept that the UVH prevails over the (general) conditions declared applicable by any intermediary.

Article 3: Formation of Hospitality Agreements

3.1 Right of Refusal
Restaurant Ode may refuse to enter into a hospitality agreement at any time for any reason, unless such refusal occurs solely on one or more grounds classified as discrimination in Article 137c of the Penal Code.

3.2 Offers
All offers made by Restaurant Ode regarding the formation of a hospitality agreement are non-binding. The offers are always made subject to availability.

3.3 Agreements via Intermediaries
A hospitality agreement entered into for (a) customer(s)/guest(s) by intermediaries is deemed to have been concluded also for the account and risk of these intermediaries.

3.4 Execution of Obligations
If the customer does not fully comply with all their obligations towards Restaurant Ode arising from the hospitality agreement, Restaurant Ode is entitled to suspend the service without having to pay compensation.

3.5 Notification of Impossibility
If one of the parties to a hospitality agreement is unable to fulfill any obligation from that hospitality agreement, they are obliged to notify the other party as soon as possible.

Article 4: Option Right

4.1 Granting of Option Rights
An option right is the right of a customer to establish the hospitality agreement within an agreed period by accepting a valid offer from Restaurant Ode. An option right can only be granted and exercised in writing.

4.2 Revocation of Option Rights
An option right may be revoked by Restaurant Ode if another customer makes an offer to Restaurant Ode to conclude a hospitality agreement for (a portion of) the outstanding hospitality services under option. The customer to whom Restaurant Ode has made an offer with an option right must then be informed of the offer from the other customer, after which the former customer must indicate within a period set by Restaurant Ode whether they wish to accept the offer under the option right. If this is not utilized or no response is given, this offer and the option right will expire.

Article 5: Rights and obligations of Restaurant Ode

5.1 Additional rules
Restaurant Ode may declare additional house or behavioral rules applicable alongside these terms and conditions by clearly communicating this to the customer/guest.

5.2 Termination of services
Restaurant Ode may terminate hospitality services or access to a venue for a guest at any time and immediately if the guest violates the terms and conditions, house rules, and/or behavioral rules, or behaves in such a way that disrupts the order and peace in Restaurant Ode and/or its normal operation. The guest must then leave Restaurant Ode at the first request. In this case, there is no obligation for compensation to the customer/guest.

5.3 Termination due to public order disturbance
After consulting with the local authority, Restaurant Ode is entitled to terminate the hospitality agreement extrajudicially due to reasonable fear of disturbance of public order. In this case, there is no obligation for compensation to the customer/guest.

5.4 Custody of goods
Restaurant Ode is not obliged to accept and/or take custody of any goods from the guest. If they do accept goods and no compensation is paid for this, it is done at the guest’s own risk. If Restaurant Ode charges any amount to the guest for accepting and/or taking custody of goods, Restaurant Ode will take care of those goods as a good householder, without prejudice to the provisions further in these terms and conditions.

5.5 Admission of pets
Restaurant Ode is not obliged to allow any pet of a customer/guest and may attach conditions to the admission. For the admission of assistance dogs, the legal regulations apply, including the exceptions stated therein.

5.6 Group definition
Restaurant Ode may inform the customer no later than one month before the first hospitality service must be provided under the applicable hospitality agreement(s) that various guests will be considered as a group. In that case, the provisions for groups will apply to those guests.

Article 6: Rights and obligations of the customer

6.1 Compliance with rules
The customer is obliged to adhere to the house and behavioral rules applicable at Restaurant Ode and to follow the reasonable instructions of Restaurant Ode. Reasonable instructions may also be given verbally.

6.2 Cooperation with requests
The customer is obliged to cooperate with reasonable requests from Restaurant Ode in the context of its legal obligations regarding safety, identification, food safety/hygiene, and limiting nuisance.

6.3 Alternative accommodation
Restaurant Ode is entitled to require the customer to accept an alternative accommodation/location other than that which would have been provided according to the hospitality agreement, provided that the accommodation/location is equivalent in the opinion of Restaurant Ode or an agreement is reached between Restaurant Ode and the customer regarding this. In that case, the customer will not receive any compensation. If any additional costs are charged to the customer, they have the option to refuse the alternative and terminate that part of the hospitality agreement to which the change relates with immediate effect.

Article 7: Reservations – table reservation

7.1 Possibility to reserve
If Restaurant Ode offers this possibility, the customer can make a reservation, for example, for lunch or dinner. In that case, a date, time, and number of guests will be agreed upon for the reservation.

7.2 Conditions for reservation
Restaurant Ode may attach conditions to the reservation such as payment of an amount as a deposit, an advance payment, or reconfirmation.

7.3 Non-compliance with reservation
If the customer has not arrived within half an hour after the reserved time with the agreed number of guests, Restaurant Ode may consider the reservation canceled, without prejudice to the provisions further in these terms and conditions. Restaurant Ode may impose consequences for this if clearly communicated in advance, such as withholding the deposit or advance payment. Unless this is not permitted by law or legal regulations.

Article 8: Reservations – accommodation

8.1 Communication upon reservation for accommodation
If a reservation is made for accommodation, Restaurant Ode will communicate prior to or at the latest upon placing this reservation about the time at which the accommodation will be made available to the guest and by what time the guest must vacate the accommodation.

8.2 Cancellation policy for accommodation
Unless otherwise agreed, Restaurant Ode is entitled to consider the reservation for accommodation as canceled if the guest has not reported to Restaurant Ode by 6:00 PM on the first reserved day, or if the guest has not timely indicated that they will arrive at a later time without Restaurant Ode objecting to this. The above applies, without prejudice to the provisions further in these terms and conditions.

Article 9: Consuming refreshments and corkage fee

9.1 Obligation to purchase refreshments
For every guest participating in an event, making a reservation, sitting at a table in a hospitality establishment, or otherwise entering into an agreement with Restaurant Ode, it is generally required to purchase a refreshment/hospitality service.

9.2 Prohibition on own refreshments
Restaurant Ode may prohibit the customer/guest from consuming food and/or drinks brought from outside or delivered by a meal delivery service in Restaurant Ode – including on the terrace. If Restaurant Ode allows the consumption of food and/or drinks brought from outside or delivered by a meal delivery service, Restaurant Ode may attach conditions to this allowance, including charging a corkage fee that has been predetermined, or the manner of delivery of food and/or drinks by a meal delivery service.

Article 10: Custody and lost property

10.1 Responsibility for stored or found items
Restaurant Ode is not responsible for taking custody of left behind or found goods. After notifying the customer of the left behind goods, the customer must collect the goods within 14 days. Restaurant Ode is not obliged to send these goods. If they do so at the customer’s request, it is done at the customer’s/guest’s expense and risk. If the goods are not collected or sent after 14 days, they may be disposed of by Restaurant Ode at the customer’s/guest’s expense. For found items whose owner is unknown, the legal rules apply.

10.2 Surrender of found items
Items lost or left behind in Restaurant Ode, which are found by the guest, must be handed in to Restaurant Ode as soon as possible.

Article 11: Payment

11.1 Customer Obligations
The customer is obliged to pay the price agreed upon in the hospitality agreement. The prices are specified as much as possible on lists that are displayed in a visible location for the customer by Restaurant Ode or are handed over to the customer upon request, or are digitally accessible to the customer. A list is considered to be visibly displayed for the customer if it is visible in the normally accessible areas of Restaurant Ode.

11.2 Additional Charges
For special services, such as the use of cloakroom, garage, safe, laundry or dry cleaning, telephone, internet, wifi, room service, TV rental, etc., Restaurant Ode may charge an additional fee that will be communicated in advance.

11.3 Revenue Guarantee
If a revenue guarantee has been issued in the hospitality agreement, the customer is in all cases obliged to pay at least the amount specified in the revenue guarantee to Restaurant Ode. However, in the case of (partial) cancellation of that hospitality agreement by a private customer, it applies that if there is an agreement that is qualified as a service agreement, the private customer cannot be held to the revenue guarantee, but only the actual costs incurred and a reasonable fee will be reimbursed by the private customer.

11.4 Payment Obligations
All invoices, including those related to cancellation or no-show, are due from the customer at the moment they are presented to him. The customer must ensure immediate payment in cash or by bank transfer or giro, unless otherwise agreed. Restaurant Ode may always demand interim payment for already provided hospitality services.

11.5 Price Adjustments
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. Restaurant Ode reserves the right to charge the customer for any increases in one or more cost factors that occur after the date on which the agreement was concluded but before the day of delivery. In that case, this will be communicated to the customer in writing. Additionally, Restaurant Ode is entitled to apply an annual inflation adjustment in January of each year, which will also be communicated to the customer/guest in writing. This inflation adjustment will be calculated based on the most recent consumer price index figure (CPI) established by the Central Bureau of Statistics (CBS).

11.6 Rights in Case of Price Increase
If there is a private customer and the price increase mentioned in the previous paragraph is implemented within 3 months after the conclusion of the accommodation/rental agreement, the customer may terminate the agreement after the price increase. If the customer wishes to terminate the agreement on this basis, this must be communicated in writing to Restaurant Ode within 7 days of receiving the new prices. In that case, the customer will pay the costs incurred by Restaurant Ode at that time, and the customer will not receive any compensation.

11.7 Termination of Services
As long as the customer has not fully complied with all his obligations to Restaurant Ode, Restaurant Ode is entitled to suspend its performance under the hospitality agreement. Restaurant Ode may require security from the customer/guest to ensure compliance with obligations.

11.8 Payment Term
If payment other than cash has been agreed upon, all invoices, regardless of the amount, must be paid by the customer to Restaurant Ode within 14 days of the invoice date. If an invoice is sent, Restaurant Ode is always entitled to charge a credit limitation surcharge of 2% of the invoice amount, which will be waived if the customer pays the invoice within 14 days.

11.9 Default Notice
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 Restaurant Ode send a one-time notice of default with a period of at least 14 days to make payment.

11.10 Collection Costs
If the customer is in default, he must reimburse Restaurant Ode for all collection costs. For private customers, the extrajudicial collection costs are calculated in accordance with the Collection Costs Act, and for business customers, there is a percentage of 15% of the outstanding invoice amount with a minimum of €50.

11.11 Payment Order
Each payment, regardless of any note or comment made by the customer at that payment, will be deemed to reduce the customer’s debt to Restaurant Ode in the following order:

• The costs of execution
• The judicial and extrajudicial collection costs
• The interest
• The damages
• The principal amount

11.12 Currency
Payments are made in Euros. If it is not clearly stated whether an amount is inclusive or exclusive of VAT, it is considered inclusive of VAT for private customers and exclusive of VAT for business customers. If Restaurant Ode accepts foreign payment methods, the market rate applicable at the time of payment will apply. Restaurant Ode may charge an administrative fee of up to 10% of the amount offered in foreign currency. Restaurant Ode may achieve this by adjusting the applicable market rate by a maximum of 10%.

11.13 Payment Methods
Restaurant Ode is never obliged to accept other payment methods than cash and may attach conditions to the acceptance of such other payment methods.

Article 12: Security Deposit

12.1 Request for Security Deposit
If Restaurant Ode requests a security deposit from a customer, this will be communicated in a timely manner before the conclusion of the agreement and properly documented. A security deposit is solely for the security of Restaurant Ode and does not count as already realized revenue. To further secure Restaurant Ode, it may require the customer to cooperate in providing the necessary information to ensure the security deposit and the possibility of enforcing it as much as possible, including making a copy of the customer’s credit card. Privacy regulations will be taken into account.

12.2 Set-off with Security Deposit
If timely payment by the customer is not made, Restaurant Ode may claim against the security deposit for all that the customer owes. If agreed in advance, Restaurant Ode may also directly offset the amount owed by the customer based on the hospitality agreement with the security deposit. The surplus must be refunded to the customer by Restaurant Ode without delay.

Article 13 Cancellation by Business Customers

13.1 General

13.1.1 The business customer is entitled to cancel a hospitality agreement by paying the cancellation fees mentioned in this article, broken down by type of hospitality agreement, unless otherwise agreed in writing with the customer. In this article, the term “customer” always refers to the business customer.

13.1.2 By entering into the hospitality agreement, the customer gives permission to withhold cancellation fees from any deposit or security deposit.

13.1.3 If the hospitality agreement is partially canceled, the provisions below apply pro rata to the canceled part, and the remaining part of the hospitality agreement remains in effect.

13.1.4 In the event of a cancellation of 1 or more persons belonging to a group, the cancellation fees for groups will be charged for those specific persons.

13.1.5 Reducing the number of people in a reservation is considered a partial cancellation. Notwithstanding what is stated in the provisions (13.2, 13.3, and 13.4), if the number of people in a reservation is reduced within 14 days before the start date, the full agreed reservation value may always be charged.

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

13.2 Hospitality agreement regarding accommodation These provisions apply to hospitality agreements with the primary 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 for that reservation amount to the following percentage of the applicable reservation value for that reservation:
In case of cancellation:
more than 1 month before the start date 0%
more than 14 days up to and including 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, is made for a group, the cancellation costs for that reservation amount to the following percentage of the applicable reservation value for that reservation:
In case of 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 up to and including 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 Hospitality agreement regarding the provision of food and/or drinks These provisions apply to hospitality agreements with the primary purpose of providing food and/or drinks.

13.3.1 Individuals and groups When a reservation is made solely for a hospitality service consisting of the provision of food and/or drinks (table reservation), the cancellation costs for that reservation amount to the following percentage of the applicable reservation value for that reservation:
a) In case of cancellation if a menu has been agreed upon:
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) In case of cancellation if no menu has been agreed upon:
more than 48 hours before the reserved time 0%
48 hours or less before the reserved time 50%

13.4 Other hospitality agreements These provisions apply to hospitality agreements that do not specifically fall under the other provisions of this article.

13.4.1 Individuals When a reservation is made for one or more individuals, the cancellation costs for that reservation amount to the following percentage of the applicable reservation value for that reservation:
In case of cancellation:
more than 1 month before the reserved time 0%
more than 14 days up to and including 1 month before the intended time 15%
more than 7 days up to and including 14 days before the intended time 35%
more than 3 days up to and including 7 days before the intended time 60%
more than 24 hours up to and including 3 days before the intended time 85%
24 hours or less before the intended time 100%

13.4.2 Groups When a reservation is made for a group, the cancellation costs for that reservation amount to the following percentage of the applicable reservation value for that reservation:
In case of 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 hospitality agreement in accordance with the legal provisions and this article. In this article, ‘customer’ always refers to the private customer.

14.1.2 By entering into the hospitality agreement, the customer gives permission to withhold any amounts due upon cancellation from any deposit or security deposit.

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

14.1.4 In case of cancellation of 1 or more persons belonging to a group, the cancellation costs for groups will be charged for those respective persons.

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

14.2 Hospitality agreement regarding services (contract for services)

14.2.1 The customer is at all times entitled to terminate a hospitality agreement or that part of it that qualifies as a contract for services. For any associated costs, the legal provisions and case law apply. The starting point is that the reasonable costs already incurred by the hospitality business, as well as a reasonable fee, will be reimbursed by the customer to the hospitality business. This may also include lost income if and to the extent that a location/space cannot reasonably be rented out on the relevant date, at least to the extent that room rental is included in the contract for services and this part cannot be considered a separate rental agreement.

14.2.2 Reducing the number of people in a reservation is considered an adjustment of the hospitality agreement in hospitality agreements of this nature, therefore not a (partial) cancellation, unless the nature of the change indicates otherwise. If the nature of the change indicates that there is still a (partial) cancellation, the previous provision applies. The hospitality business is not obliged to accept a change to the agreement based on this provision or may attach conditions to it.

14.3 Hospitality agreement regarding accommodation and rental (not being a contract for services)

14.3.1 Any hospitality agreement or part thereof with a private customer that is not classified as a contract for services, including a rental agreement or agreement for the provision of accommodation, can be cancelled upon payment to the hospitality business of the cancellation costs mentioned in this article, unless otherwise agreed in writing with the customer. The cancellation provision for contracts for services always applies to that part of the hospitality agreement that is classified as a contract for services.

14.3.2 Reducing the number of people in a reservation is considered a partial cancellation in hospitality agreements of this nature. Notwithstanding what is stated in provisions 14.3.3 and 14.3.4, if the number of people in a reservation is reduced within 14 days before the start date, the full agreed reservation value may always 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 for that reservation amount to the following percentage of the applicable reservation value for that reservation:
Upon cancellation:
more than 1 month before the start date 0%
more than 14 days up to and including 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, is made for a group, the cancellation costs for that reservation amount to the following percentage of the applicable reservation value for 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 up to and including 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 hospitality business

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

15.2 In addition to what has already been established in these terms, the hospitality business is entitled to cancel the hospitality agreement immediately if:
a) The customer does not comply with the obligations arising from the hospitality agreement, general terms and conditions, or any house rules or instructions communicated. b) There are sufficient indications that the event to be held at the hospitality business under the hospitality agreement has a character that is significantly different from what could be expected based on the announcement by the customer or based on the nature of the customer or guests, such that the hospitality business would not have entered into the agreement had it been aware of the actual character of the event. c) There are other compelling reasons, including business termination by the hospitality business.

15.3 The hospitality business is entitled, instead of exercising its authority as referred to in the previous provision, to impose additional requirements regarding the course of the relevant event. If there are sufficient indications that these additional requirements will not be complied with or are not being complied with, the hospitality business is still entitled to cancel the hospitality agreement immediately.

15.4 In the event of cancellation by the hospitality business based on 15.2 under a) and b), the customer is liable for cancellation costs in accordance with the cancellation costs applicable in the event of cancellation by the customer themselves as described in the UVH, depending on the nature of the agreement. Furthermore, the hospitality business is entitled to claim full damages from business customers instead. The hospitality business is not liable for any costs to the customer, and the customer/guest will not receive any compensation.

15.5 In the event of cancellation by the hospitality business based on article 15.2 under c) and where the reason lies in the actions, omissions, or behavior of the customer or their guests, article 15.4 applies. If the reason for cancellation by the hospitality business cannot be attributed to the customer or their guests, no cancellation costs are owed by the customer/guest; otherwise, 15.4 remains applicable.

Article 16 Liability

16.1 The hospitality agreement is executed at the customer’s expense and risk. The customer is also responsible for the guests and/or other third parties they engage or who are involved in the hospitality agreement and what arises from it. The customer indemnifies the hospitality business against claims from third parties.

16.2 The customer is liable to the hospitality business for all direct and indirect damage suffered by the hospitality business due to the actions or omissions of the customer, guests, or third parties engaged by the customer. This also applies in the event of violations of house and/or behavioral rules and also covers damage caused by pets brought along and/or goods brought along.

16.3 The hospitality business is not liable for damage arising from the hospitality agreement, unless there is intent or willful recklessness on the part of the hospitality business.

16.4 If and to the extent that the hospitality business is (still) liable, the liability of the hospitality business in all cases is limited to direct damage. Furthermore, that liability is limited to the amount paid out by its liability insurance, plus the deductible. If and to the extent that for any reason no payout occurs and the hospitality business would still be obliged to compensate for damage, this compensation is limited to the reservation value.

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

16.6 The hospitality business is not liable for theft, damage, or loss of goods brought into the hospitality business by a guest/customer, deposited there by them, or left behind and/or stored at the hospitality business without any charge being made for this. The customer indemnifies the hospitality business against claims from guests in this regard.

16.7 If damage occurs to goods stored for the guest/customer for which a fee is charged due to damage or loss, the hospitality business will compensate for that damage unless that damage cannot reasonably be attributed to it. Compensation is not owed for other goods present in the stored goods.

16.8 The hospitality business is not liable for damage caused to or by the vehicles of the guest/customer.

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

16.10 The customer/guest is responsible for the accuracy and completeness of all information and data provided to the hospitality business, including all relevant information regarding the execution of the hospitality agreement and allergies. The hospitality business is not liable for damage arising from its actions if this is based on information provided incorrectly or incompletely by the customer/guest.

16.11 The hospitality business takes into account any allergies that have been reported as much as possible, but cannot provide any guarantees in this regard. Additionally, it cannot be prevented that traces of unwanted ingredients may still be present in the food, unless expressly stated otherwise. The hospitality business is not liable for the consequences of this.

16.12 It is the customer’s responsibility to verify before entering into the agreement whether any 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 hospitality business is not liable for any damage; the full rental amount must be paid.

16.13 The hospitality business only provides 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 There is a case of force majeure for the hospitality business in a circumstance that cannot be attributed to the hospitality business, but which obstructs the execution of the hospitality agreement by the hospitality business to such an extent that execution becomes impossible or burdensome. In that case, there is a non-attributable shortcoming of the hospitality business that cannot be charged to it.

17.2 Force majeure includes, but is not limited to, the withdrawal of permits, national mourning, hindrance and interruption of transport possibilities as a result of which necessary products/items cannot be delivered, staff shortages, disruptions in the hospitality industry, and obstacles caused by measures, laws, or decisions of international, national, and regional (government) authorities.

17.3 In the event of force majeure, the parties will discuss in mutual consultation and in all fairness whether the hospitality agreement can be suspended or adjusted to the new situation, for example, by modifying and/or relocating the hospitality agreement. Cost reductions and/or cost increases resulting from the aforementioned adjustments will be fully borne by the customer.

17.4 If suspension or adjustment proves impossible, both the hospitality business and the customer are entitled to terminate the hospitality agreement or the part not yet executed due to force majeure. The hospitality business retains the right to the full agreed reservation value in all cases, reduced by all cost reductions and increased by all cost increases resulting from this termination. For private customers, regarding that part of the hospitality agreement that is classified as a service agreement, the actual costs incurred and a reasonable fee must be reimbursed by the customer instead of the reservation value for that part of the agreement.

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

Article 18 Epidemic diseases/Covid

18.1 This article contains additional agreements regarding epidemic and contagious diseases, such as Covid-19 (hereinafter collectively referred to as epidemic diseases) and applies if a hospitality agreement cannot be executed in the agreed form due to government measures. ‘Government measures’ are understood to mean the government rules and measures in effect at that time in relation to epidemic diseases.

18.2 This article only comes into effect after the government measures have been implemented; until then, the regular agreements made between the parties apply. This article takes precedence over the hospitality agreement and general terms and conditions that apply between the parties.

18.3 The hospitality business will make every effort to comply with the government measures during the execution of the hospitality agreement.

18.4 The customer must ensure that guests comply with the government measures during the execution of the hospitality agreement.

18.5 The hospitality business is not responsible or liable for the non-compliance with government measures by the customer and/or guests. The customer indemnifies the hospitality business against any claims in this regard.

18.6 If a hospitality agreement cannot be executed in the agreed form due to government measures, the parties consider this as force majeure due to epidemic diseases, and the force majeure provisions from these general terms and conditions apply.

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

18.8 The principle is that the hospitality agreement is adjusted to the government measures. The hospitality business and the customer/guest will discuss in mutual consultation whether adjustment is possible, with both parties acting solution-oriented, reasonably, and fairly.

18.9 If the hospitality agreement is adjusted in accordance with the previous provision, the reservation value agreed between the hospitality business and the customer remains owed to the hospitality business, provided that all cost reductions are deducted and all cost increases are added. The hospitality business will make every effort to minimize cost increases and maximize cost reductions. The customer understands that the hospitality business is also dependent on all involved suppliers and the conditions they apply.

18.10 If the hospitality agreement cannot be adjusted to the government measures, the principle is that the execution date of the hospitality agreement is postponed. The hospitality business and the customer will assess in mutual consultation whether postponement is possible, with both parties acting solution-oriented, reasonably, and fairly.

18.11 If a date from the hospitality agreement is adjusted, the reservation value agreed between the hospitality business and the customer remains owed to the hospitality business, provided that all cost reductions are deducted and all cost increases are added. The hospitality business will make every effort to minimize cost increases and maximize cost reductions. The customer understands that the hospitality business is also dependent on all involved suppliers and the conditions they apply.

18.12 If the hospitality agreement cannot be adjusted under this article, it may be terminated by either party, whereby the services provided by the hospitality business will be canceled. If the hospitality agreement is terminated and the services provided by the hospitality business are canceled, the reservation value agreed between the hospitality business and the customer remains owed to the hospitality business, provided that all cost reductions are deducted and all cost increases are added. The hospitality business will make every effort to minimize cost increases and maximize cost reductions. The customer understands that the hospitality business is also dependent on all involved suppliers and the conditions they apply. If it concerns a private customer, the actual costs incurred and a reasonable fee must be reimbursed by the customer instead of the reservation value for that part of the agreement, regarding that part of the hospitality agreement that is classified as a service agreement.

Article 19 Complaints

19.1 Complaints must be reported to the hospitality business as soon as possible in writing and with sufficient justification. This must happen no later than 24 hours after becoming aware of the complaint and no later than 7 days after the execution of the hospitality agreement, or in accordance with legal provisions.

19.2 The parties will consult about a solution. If compliance with the agreement is still possible, the hospitality business will be given the opportunity to do so.

Article 20 Publicity, privacy, and imagery/promotion

20.1 The customer/guest must request permission from the hospitality business for announcements related to the hospitality agreement intended for publicity.

20.2 The customer/guest is not allowed to place signs, banners, advertising lights, loudspeakers, or other objects within or outside the immediate vicinity of the location where services are provided under the hospitality agreement with the aim of advertising of any kind, without prior written permission from the hospitality business.

20.3 The hospitality business is allowed to use imagery taken during the execution of a hospitality agreement in which the customer/guests are not recognizable for promotional purposes.

20.4 The hospitality business and the customer ensure that privacy regulations are observed. The hospitality business is not liable for violations of privacy regulations by the customer/guests and may assume that data provided by the customer/guest and agreements made with the customer/guest can be executed by the hospitality business without having to take further measures in the context of privacy regulations.

Article 21 Applicable law and disputes

21.1 Dutch law exclusively applies to hospitality agreements.

21.2 In the event of disputes between the hospitality business and a customer, the competent court in the location of the hospitality business in the Netherlands shall have exclusive jurisdiction, unless another court is competent by mandatory statutory provision and without prejudice to the authority of the hospitality business to have the dispute settled by the court that would be competent in the absence of this clause.

Article 22 Final Provisions

22.1 The invalidity of one or more provisions in the UVH does not affect the validity of all other provisions. If a provision in the UVH is invalid for any reason, the parties shall agree on a replacement provision that closely approximates the invalid provision in purpose and scope.