Uniform Terms & Conditions

Uniform Terms and Conditions for the Hospitality Industry (UVH)

The Uniform Terms and Conditions for the Hospitality Industry (UVH) are the terms 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 UVH have been deposited with the District Court and the Chamber of Commerce and Industry in The Hague.

Article 1 Definitions

The following words have the following meanings in the UVH, and in the offers and agreements to which the UVH apply:

1.1 Hospitality Business
The natural person, legal entity, or company that makes its business the provision of hospitality services and is a member of Koninklijk Horeca Nederland.

1.2 Host
The person representing a hospitality business in concluding and executing hospitality agreements.

1.3 Provision of Hospitality Services
The provision by a hospitality business of accommodation and/or food and/or drink and/or the provision of (meeting) space and/or grounds, along with all related tasks and services, in the broadest sense of the word.

1.4 Customer
The natural person, legal entity, or company that has entered into a hospitality agreement with a hospitality business.

1.5 Guest
The natural person(s) to whom one or more hospitality services must be provided based on a hospitality agreement entered into with the customer. Whenever the term "guest" or "customer" is used in the UVH, it refers to both guest and customer, unless the content of the provision and its intent necessarily imply that only one of the two is meant.

1.6 Hospitality Agreement
An agreement between a hospitality business and a customer regarding one or more hospitality services to be provided by the hospitality business for a price to be paid by the customer. The term "reservation" is sometimes used instead of "hospitality agreement."

1.7 Hotel Business
The hospitality business where the provision of hospitality services primarily or exclusively consists of providing accommodation.

1.8 Restaurant Business
The hospitality business where the provision of hospitality services primarily or exclusively consists of providing food and accompanying drinks.

1.9 Café Business
The hospitality business where the provision of hospitality services primarily or exclusively consists of providing drinks.

1.10 Room Rental Business
The hospitality business where the provision of hospitality services primarily or exclusively consists of providing meeting or event space.

1.11 Reservation Value (the value of the hospitality agreement)
The total expected revenue of the hospitality business, including service charges, (tourist tax), and VAT, regarding a hospitality agreement with a customer, based on the averages applicable at that hospitality business.

1.12 Koninklijk Horeca Nederland
The Royal Association of Entrepreneurs in the Hospitality and Related Industry "Horeca Nederland," or its potential successor.

1.13 Cancellation
The written notification by the customer to the hospitality business that one or more agreed-upon hospitality services will not be used, in whole or in part, or the written notification by the hospitality business to the customer that one or more agreed-upon hospitality services will not be provided, in whole or in part.

1.14 No-show
The failure of a guest to use a hospitality service that was agreed upon in a hospitality agreement, without cancellation.

1.15 Group
A group of 10 or more persons to whom one or more hospitality services must be provided by a hospitality business under one or more hospitality agreements considered as interconnected.

1.16 Individual
Any person who does not belong to a group as defined above.

1.17 Goods
All goods, including money, monetary values, and negotiable instruments.

1.18 Corkage Fee
The amount charged for consuming beverages in the premises of a hospitality business that were not provided by that business.

1.19 Kitchen Fee
The amount charged for consuming food in the premises of a hospitality business that was not provided by that business.

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

Article 2 Applicability

2.1 The UVH apply to the conclusion and content of all hospitality agreements, as well as to all offers concerning the formation of these hospitality agreements, to the exclusion of all other general terms and conditions. If other general terms and conditions are applicable, the UVH will prevail in the case of any conflict.

2.2 Deviations from the UVH are only possible in writing and on a case-by-case basis.

2.3 The UVH are also for the benefit of all natural and legal persons whom the hospitality business uses or has used when entering into and/or executing a hospitality agreement or another agreement or when operating the hospitality business.

2.4 Once the UVH have been validly declared applicable to a particular hospitality agreement, the latest version of the UVH shall be deemed to apply to all subsequent hospitality agreements between the same parties, unless otherwise agreed in writing.

Article 3 Conclusion of Hospitality Agreements

3.1 A hospitality business may refuse to enter into a hospitality agreement for any reason, unless such refusal is solely based on one or more grounds mentioned in Article 429 quater of the Dutch Penal Code (discrimination).

3.2 All offers made by a hospitality business regarding the conclusion of a hospitality agreement are non-binding and subject to the condition "subject to availability (or capacity)." If the hospitality business invokes this condition within a reasonable period after acceptance by the customer, depending on the circumstances, the intended hospitality agreement will be considered not to have been concluded.

3.3 If the hospitality business has granted the customer (the option holder) an option right, this right may not be revoked, unless and to the extent that another potential customer makes an offer to the hospitality business to enter into a hospitality agreement regarding all or part of the services under option. The option holder must then be informed by the hospitality business of this offer, after which the option holder must indicate whether or not they wish to exercise the option right. If the option holder does not indicate they wish to exercise the option, the option right will expire. An option right can only be granted in writing.

3.4 Hospitality agreements entered into by intermediaries (such as cargo agents, travel agencies, other hospitality businesses, etc.), either in their own name or on behalf of their clients, are deemed to have been entered into at the expense and risk of these intermediaries. The hospitality business is not required to pay any commission or fee to the intermediaries unless expressly agreed otherwise in writing. Full or partial payment by the guest will relieve the intermediary to the same extent.

Article 4 General Obligations of the Hospitality Business

4.1 The obligations mentioned in this article apply to every hospitality business. All obligations arising from the special nature of the hospitality business and the services to be provided are set out in the following articles.

4.2 If the special arrangement referred to in Articles 5 and beyond deviates from a general provision in Articles 4.3 to 4.7, the special arrangement shall apply.

4.3 The hospitality business is, notwithstanding the provisions in the following articles, obliged to provide the agreed-upon services at the agreed times in the customary manner of that hospitality business.

4.4 The obligation referred to in Article 4.3 does not apply:
a. in case of force majeure on the part of the hospitality business as referred to in Article 15;
b. if the guest arrives late by more than half an hour;
c. if the customer does not pay the security deposit or interim payment referred to in Article 10 in a timely manner;
d. if the customer, despite a request to that effect, does not provide a revenue guarantee in a timely manner;
e. if the customer fails to fully meet any other obligations they have towards the hospitality business.

4.5 The hospitality business is not obligated to accept and/or keep any goods belonging to the guest.

4.6 If the hospitality business charges a fee for receiving and/or keeping goods, it must take care of those goods as a good householder, subject to the provisions in Article 12.

4.7 The hospitality business is never required to admit any pet of the guest and may set conditions for its admission.

Article 5 Obligations of the Hotel Business

5.1 The hotel business is obliged to provide accommodation of the usual quality for the agreed period, in accordance with the provisions of the third paragraph.

5.2 The hotel business is also obliged to provide the associated hospitality services usual in its hotel and the usual facilities.

5.3 The accommodation must be available to the guest from 2:00 PM on the day of arrival to 12:00 PM on the day of departure.

5.4 The hotel business must display the house rules in a clearly visible place for the guest’s information or provide them in writing to the guest. The guest is obliged to comply with the house rules.

5.5 The hotel business is entitled to terminate the provision of hospitality services to a guest at any time without notice if the guest repeatedly violates the house rules, or behaves in a manner that disrupts the order or normal operation of the hospitality business. In such a case, the guest must leave the hotel immediately upon request. The hotel business may only exercise this right if, in the reasonable judgment of the hotel business, the nature and severity of the guest’s violations warrant such action.

5.6 Unless otherwise agreed, the hotel business may consider the reservation void if the guest has not checked in by 6:00 PM on the first reserved day, subject to the provisions in Article 9.

5.7 The hotel business is entitled to request that the guest accept different accommodation than originally agreed in the hospitality agreement, unless such a request is deemed evidently unreasonable or unacceptable to the guest. In such cases, the guest/customer has the right to terminate the hospitality agreement immediately, without prejudice to their obligations under other hospitality agreements. If the hospitality business saves expenses by providing alternative accommodation, the guest is entitled to the amount of such savings. In all other cases, the hospitality business will not be liable for any damages.

Article 6 Obligations of the Restaurant Business

6.1 The restaurant business is obliged to provide the agreed facilities at the agreed time and serve the agreed food and drinks in quantities, quality, and manner customary in its restaurant.

6.2 If no specific food or drinks have been agreed in advance, the restaurant business will provide whatever food and drinks it has available at the time, subject to the provisions in Article 6.1.

6.3 The restaurant business is entitled to refuse service or cease service at any time if the guest does not behave in accordance with the standards and operations of the restaurant. The restaurant business may impose conditions regarding the appearance of the guest. The guest must leave the restaurant upon request.

6.4 If the guest has not arrived within half an hour of the reserved time, the restaurant business may consider the reservation canceled, subject to the provisions in Article 9.

Article 7 Obligations of the Café Business

7.1 The café business is obliged to provide the drinks available in stock to the guest upon request. Additionally, the café business must be able to provide the usual hospitality services in its establishment.

7.2 The café business is entitled to refuse service or cease service at any time if the guest does not behave in accordance with the standards and operations of the café. The café business may impose conditions regarding the appearance of the guest. The guest must leave the café upon request.

Article 8 Obligations of the Hospitality Business Regarding Room Rental

8.1 The hospitality business is entitled to provide a different room than specified in the hospitality agreement, unless this is evidently unfair and should be clearly considered problematic for the guest. In such a case, the guest/customer has the right to immediately terminate the hospitality agreement in question, without prejudice to their obligations arising from other hospitality agreements. If the hospitality business saves expenses by providing a different room than initially agreed, the guest has the right to the amount of that saving. For the rest, the hospitality business shall not be obliged to provide any compensation.

Furthermore, the hospitality business is obligated to provide the usual hospitality services to the guests.

8.3 The hospitality business is entitled to refrain from providing hospitality services or to cease providing them at any time if the guest does not behave in a manner consistent with the standing and operation of the hospitality business. The hospitality business may, among other things, impose requirements regarding the appearance of the guest. The guest must leave the premises upon the first request.

8.4 After consulting with the local authorities, the hospitality business is entitled to terminate the hospitality agreement due to a well-founded fear of disturbance to public order. If the hospitality business exercises this right, it shall not be liable for any compensation.

Article 9 Cancellations

9.1 Cancellations by Customers, General

9.1.1 The customer is not entitled to cancel a hospitality agreement unless they simultaneously irrevocably offer to pay the amounts specified below. Any cancellation is considered to include such an offer. Such an offer is deemed accepted unless the hospitality business rejects it immediately. 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 hospitality business can, up to one month before the first hospitality service is to be provided under the relevant hospitality agreement, declare certain individuals to be considered as a group. All provisions for groups will then apply to those individuals.

9.1.3 The provisions in Articles 13.1 and 14.6 also apply to cancellations.

9.1.4 In the case of a no-show, the customer will always be required to pay the reservation value.

9.1.5 If not all agreed hospitality services are canceled, the provisions for the canceled services will apply pro-rata.

9.1.6 If one or more hospitality services are entirely or partially canceled, the deadlines in the following articles will be extended by four months if the reservation value of the canceled hospitality service(s) exceeds the value of the other hospitality services that the hospitality business could have provided within the time frame in which the canceled services should have been provided.

9.1.7 Amounts that the hospitality business has already owed to third parties in relation to the canceled hospitality agreement at the time of cancellation must always be fully reimbursed by the customer, provided the hospitality business has not acted unreasonably by entering into the related obligations. These amounts are deducted from the reservation value referred to in the following provisions.

9.2 Cancellation of Hotel Accommodation/Rooms

9.2.1 Groups
When a reservation for hotel accommodation, with or without breakfast, is made for a group, the following cancellation terms apply:
a. If canceled more than 3 months before the start date, the customer is not required to pay any compensation to the hotel business.
b. If canceled more than 2 months before the start date, the customer must pay 15% of the reservation value to the hotel business.
c. If canceled more than 1 month before the start date, the customer must pay 35% of the reservation value to the hotel business.
d. If canceled more than 14 days before the start date, the customer must pay 60% of the reservation value to the hotel business.
e. If canceled more than 7 days before the start date, the customer must pay 85% of the reservation value to the hotel business.
f. If canceled 7 days or less before the start date, the customer must pay 100% of the reservation value to the hotel business.

9.2.2 Individuals
When a reservation for hotel accommodation, with or without breakfast, is made for one or more individuals, the following cancellation terms apply:
a. If canceled more than 1 month before the start date, the customer is not required to pay any amount to the hotel business.
b. If canceled more than 14 days before the start date, the customer must pay 15% of the reservation value to the hotel business.
c. If canceled more than 7 days before the start date, the customer must pay 35% of the reservation value to the hotel business.
d. If canceled more than 3 days before the start date, the customer must pay 60% of the reservation value to the hotel business.
e. If canceled more than 24 hours before the start date, the customer must pay 85% of the reservation value to the hotel business.
f. If canceled 24 hours or less before the start date, the customer must pay 100% of the reservation value to the hotel business.

9.3 Cancellation of Restaurant/Table Reservation

9.3.1 Groups
When a reservation for a restaurant (table reservation) is made for a group, the following cancellation terms apply:

If a menu has been agreed upon:
a. If canceled more than 14 days before the reserved time, no compensation is due.
b. If canceled between 14 and 7 days before the reserved time, the customer owes 25% of the reservation value.
c. If canceled 7 days or less before the reserved time, the customer owes 50% of the reservation value.
d. If canceled 3 days or less before the reserved time, the customer owes 75% of the reservation value.
If no menu has been agreed upon:
a. If canceled more than 48 hours before the reserved time, no compensation is due.
b. If canceled 48 hours or less before the reserved time, the customer owes 50% of the reservation value.

9.3.2 Individuals
When a reservation for a restaurant (table reservation) is made for one or more individuals, the following cancellation terms apply:

If a menu has been agreed upon:
a. If canceled more than 96 hours before the reserved time, no compensation is due.
b. If canceled 96 hours or less before the reserved time, the customer owes 50% of the reservation value.
If no menu has been agreed upon:
a. If canceled more than 48 hours before the reserved time, no compensation is due.
b. If canceled 48 hours or less before the reserved time, the customer owes 50% of the reservation value.

9.4 Cancellation of Other Hospitality Agreements

9.4.1 For cancellation of all reservations not falling under Articles 9.2 and 9.3, the following terms apply:
9.4.2 When a reservation is made for a group, the following cancellation terms apply:
a. If canceled more than 6 months before the time the first hospitality service is to be provided, the customer is not required to pay any compensation.
b. If canceled more than 3 months before the specified time, the customer must pay 10% of the reservation value to the hospitality business.
c. If canceled more than 2 months before the specified time, the customer must pay 15% of the reservation value to the hospitality business.
d. If canceled more than 1 month before the specified time, the customer must pay 35% of the reservation value to the hospitality business.
e. If canceled more than 14 days before the specified time, the customer must pay 60% of the reservation value to the hospitality business.
f. If canceled more than 7 days before the specified time, the customer must pay 85% of the reservation value to the hospitality business.
g. If canceled 7 days or less before the specified time, the customer must pay 100% of the reservation value to the hospitality business.

9.4.3 When a reservation is made for one or more individuals, the following cancellation terms apply:
a. If canceled more than 1 month before the time the first hospitality service is to be provided, the customer is not required to pay any compensation.
b. If canceled more than 14 days before the specified time, the customer must pay 15% of the reservation value to the hospitality business.
c. If canceled more than 7 days before the specified time, the customer must pay 35% of the reservation value to the hospitality business.
d. If canceled more than 3 days before the specified time, the customer must pay 60% of the reservation value to the hospitality business.
e. If canceled more than 24 hours before the specified time, the customer must pay 85% of the reservation value to the hospitality business.
f. If canceled 24 hours or less before the specified time, the customer must pay 100% of the reservation value to the hospitality business.

9.5 Cancellation by the Hospitality Business

9.5 Cancellation by the Hospitality Business (continued)

9.5.2 The hospitality business is entitled to cancel the hospitality agreement if:

The customer fails to meet the obligations of the hospitality agreement or acts in violation of regulations that apply to their stay.
The customer’s behavior causes a disturbance to public order or the operation of the hospitality business.
The customer is in default regarding payment or other contractual obligations.
The hospitality business is unable to provide the agreed services due to unforeseen circumstances, including force majeure or events beyond the hospitality business’s control (such as fires, floods, or other natural disasters).

9.5.3 In the event of cancellation by the hospitality business, the customer shall be entitled to a refund of any payments already made. However, the hospitality business may charge a cancellation fee according to the terms outlined in the relevant sections of this agreement.

Article 10 Force Majeure

10.1 The hospitality business is not liable for any failure or delay in fulfilling its obligations under the hospitality agreement due to circumstances beyond its control, including but not limited to strikes, fire, floods, government restrictions, pandemics, or any other event of force majeure.

10.2 In the case of force majeure, the hospitality business will make reasonable efforts to provide the customer with alternative accommodation or services, but it is not obligated to do so. If no alternatives are available, the hospitality business may cancel the agreement without liability for compensation.

Article 11 Liability and Insurance

11.1 The hospitality business is liable for any damage caused to the customer due to a failure in providing agreed services, but is not liable for damages that occur due to the customer’s actions or negligence.

11.2 The customer is responsible for any damage to property or persons during their stay caused by their actions. The hospitality business recommends that the customer take out travel or liability insurance to cover such risks.

11.3 The liability of the hospitality business is limited to the cost of the services provided, excluding any indirect or consequential damages.

Article 12 Disputes

12.1 Any disputes arising from the hospitality agreement will be resolved through negotiation between the parties involved. If the dispute cannot be resolved amicably, the customer or the hospitality business may submit the dispute to the competent court in the jurisdiction where the hospitality business is located.

12.2 The laws of the country where the hospitality business is located apply to all agreements and disputes arising from them, regardless of the customer’s location.

Article 13 Miscellaneous Provisions

13.1 If any provision of this agreement is deemed invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced by a provision that most closely reflects the intent of the original provision.

13.2 The hospitality business reserves the right to modify these terms and conditions at any time. Any changes will be communicated to customers in writing, and the new terms will apply to future hospitality agreements.

13.3 The customer agrees to abide by the house rules and regulations, which may be provided upon check-in or at any time during their stay.

Article 14 Privacy and Data Protection

14.1 The hospitality business respects the privacy of its customers and ensures that personal data is processed in compliance with applicable data protection laws.

14.2 The hospitality business may collect personal data such as names, addresses, payment information, and other relevant details for the purpose of fulfilling the hospitality agreement and for internal administrative purposes. This information will not be shared with third parties except when required by law or necessary for the performance of the agreement.

14.3 The customer has the right to access and correct their personal data. Requests for data access or correction can be made to the hospitality business.

Article 15 Force Majeure

15.1 Force majeure for the hospitality business, which makes any resulting failure attributable to the hospitality business impossible, shall be defined as any foreseeable or unforeseeable circumstance, which hinders the execution of the hospitality agreement in such a way that performing the hospitality agreement becomes impossible or difficult.
15.2 Such circumstances also include situations with persons and/or services and/or institutions that the hospitality business wishes to use in executing the hospitality agreement, as well as anything that is considered force majeure or a suspensive or dissolving condition for the aforementioned, as well as the non-performance of the above.
15.3 If either party to a hospitality agreement is unable to fulfill any obligation under the agreement, they must inform the other party as soon as possible.

Article 16 Lost Property

16.1 Any lost or abandoned items in the premises and its attachments of the hospitality business, which are found by the guest, must be handed over to the hospitality business without delay.
16.2 Items for which the rightful owner has not come forward within a year of being handed over to the hospitality business will become the property of the hospitality business.
16.3 If the hospitality business sends the lost property to the guest, it will be entirely at the guest's risk and expense. The hospitality business is never obligated to send the property.

Article 17 Corkage Fee

17.1 If the guest and/or customer consumes drinks in the premises of a hospitality business that were not provided by that business, the customer shall owe a corkage fee per bottle consumed.
17.2 If the guest and/or customer consumes food in the premises of a hospitality business that was not provided by that business, the customer shall owe a kitchen fee for that food.
17.3 The amounts mentioned in Articles 17.1 and 17.2 shall be agreed upon in advance or, in the absence of prior agreement, reasonably determined by the hospitality business.

Article 18 Applicable Law and Disputes

18.1 Dutch law exclusively applies to hospitality agreements.
18.2 In the event of disputes between the hospitality business and a customer (who is not a natural person acting in the course of a profession or business), the competent court in the location of the hospitality business shall have exclusive jurisdiction, unless another court has jurisdiction under mandatory legal provisions, and without prejudice to the hospitality business's right to have the dispute resolved by the court that would have jurisdiction in the absence of this clause.
18.3 If and when a dispute resolution committee is established under the auspices of Koninklijk Horeca Nederland or other involved organizations, disputes for which the committee is established shall be resolved in accordance with the relevant regulations set out for that committee.
18.4 All claims of the customer shall expire one year after the moment they arise.
18.5 The invalidity of one or more provisions in these general terms and conditions does not affect the validity of all other provisions. If a provision in these general terms and conditions is found to be invalid for any reason, the parties are deemed to have agreed upon a valid replacement provision that closely reflects the intent and scope of the invalid provision.

September 1998

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