hip hotel . young & independent . non smoking
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Disclaimer & Terms and Conditions

 

Disclaimer
1) The following is applicable for the website. By using the website you accept this disclaimer.
 
2) Hip Hotel St. Martenslane Maastricht will do its utmost to update and/or complete the contents of the website regularly. However, notwithstanding these cares and efforts it remains possible that content is incomplete or incorrect.
 
3) Hip Hotel St. Martenslane Maastricht cannot in any way vouch for the correctness or completeness of the information on this website.
 
4) Hip Hotel St. Martenslane Maastricht accepts no liability whatsoever for any damages as a result of the information published on this website.
 
5) All rights are reserved to Hip Hotel St. Martenslane Maastricht, unless stated otherwise.
 
6) Hip Hotel St. Martenslane Maastricht has the right to delete all information on this website without prior announcement.
 
7) Hip Hotel St. Martenslane Maastricht reserves the right to alter this disclaimer without announcement.
 
Privacy statement
For Hip Hotel St. Martenslane Maastricht a careful handling of personal data is of great importance. Personal details are processed with great care and in a secure manner. Hip Hotel St. Martenslane Maastricht complies with the rules of the Personal Data Protection Act.
 
Protection of data
Hip Hotel St. Martenslane Maastricht uses certain data protection procedures to prevent unauthorized persons gaining access to these data.
 
Click-through behaviour
The website collects data with regard to the number of page views and its ranking. These data are used to optimize the website and its structure, so that Hip Hotel St. Martenslane Maastricht can further optimize its services.
 
Use of Cookies
Hip Hotel St. Martenslane Maastricht uses cookies in its electronic service offering. A cookie is a simple small file that is stored on the computer's hard disk. Hip Hotel St. Martenslane Maastricht uses temporary cookies. These cookies contain no personal details and are solely used to facilitate the use of the website. 
 
Alterations
Hip Hotel St. Martenslane Maastricht reserves all rights to alter the privacy statement. Please check the privacy statement regularly for an update of the privacy policy of Hip Hotel St. Martenslane Maastricht.
 
Uniform Conditions Hotel and Catering Industry
The Uniform Conditions of the Hotel and Catering Industry (in Dutch: Uniforme Voorwaarden Horeca (UVH)) apply when hotel and catering companies in the Netherlands like hotels, restaurants, cafés and related companies (such as caterers, party service companies etc.), offer hotel or catering services and conclude a contract regarding hotel or catering services. The UVH are filed with the District Court and the Chamber of Commerce in The Hague.

Article 1 Definitions
Under the UVH and offers and contracts the UVH apply to, the terms mentioned hereafter will have the following meaning.
 
1.1 Hotel and catering company
The natural or legal person or company that earns a living by offering hotel and/or catering services and is a member of 'Koninklijk Horeca Nederland' (Dutch member organization of Hotel and Catering Industry).
 
1.2 Host
The person representing a hotel and catering company when closing or executing a service contract.
 
1.3 Offering hotel and catering services
The offering by a hotel and catering company of accommodation with or without food  and/or drink and/or offering of conference rooms and/or space, everything including the necessary activities and services, all in the broadest sense of the word.
 
1.4 Customer
The natural or legal person or company that has entered into a contract for hotel and/or catering services with a hotel and catering company.
 
1.5 Guest
The natural person(s) who will be offered one or more hotel and/or catering services under the hotel and catering contract concluded with the customer. Where the UVH mentions guest or customer, no distinction will be made between the two unless the contents of the clause and its purposes refer necessarily to only one of them.
 
1.6 Contract for hotel and/or catering services
A contract between the hotel and catering company and a customer with regard to one or more hotel and/or catering services offered by the hotel and catering company for a price to be paid by the customer. Instead of the term 'contract for hotel and/or catering services' the word 'reservation' is also used.
 
1.7 Hotel establishment
The hotel and catering company where the offer of hotel and catering services primarily or solely consists of offering accommodation.
 
1.8 Catering establishment
The hotel and catering company where the offer of hotel and catering services primarily or solely consists of offering food and accompanying drink.
 
1.9 Bar establishment
The hotel and catering company where the offer of hotel and catering services primarily or solely consists of offering drink.
 
1.10 Room rental establishment
The hotel and catering establishment where the offer of hotel and catering services primarily or solely consists of offering rooms.
 
1.11 Value of reservation (the value of the hotel and catering contract)
The total amount of the expected sales including tips, tourist tax and VAT with regard to a contract concluded with a customer, which expectation is based on the average which is common for that type of hotel or catering establishment.
 
1.12 'Koninklijk Horeca Nederland'
The Royal Association of Entrepreneurs in the Hotel and Catering Industry and related businesses "Horeca Nederland" or its future legal successor.

1.13 Cancellation
The written statement by the customer to the hotel and catering establishment that one or more agreed upon hotel and catering services will not be used entirely or partly, or the written statement by the hotel and catering establishment to the customer that one or more agreed upon services will not be offered entirely or partly.
 
1.14 No-show
Without cancellation not using a hotel or catering service by the customer which service was agreed upon in the hotel or catering contract.
 
1.15 Group
A group of 10 or more people that are to be offered one or more hotel or catering services by the hotel or catering establishment in accordance with one or more interrelated hotel or catering contracts.
 
1.16 Individual
Every person not belonging to a group according to the above definition.
 
1.17 Goods
All goods, including money, money values and valuable papers.
 
1.18 Corkage
The amount payable when drink not provided by the hotel or catering establishment is consumed in rooms of the hotel or catering establishment.
 
1.19 Food charge
The amount payable when food not provided by the hotel or catering establishment is consumed in rooms of the hotel or catering establishment.
 
1.20 Sales guarantee
A written statement by the customer that under one or more hotel or catering contracts a certain minimum sales for the hotel or catering establishment will be guaranteed. Article titles are strictly for reference purposes only. No rights can be derived from them.
 
Article 2 Scope
2.1 The UVH are, to the exclusion of all other terms and conditions, applicable to the realization and contents of all hotel and catering contracts, as well as to all offers with regard to the realization of these hotel and catering contracts. In case other applicable terms and conditions differ from these, the UVH terms and conditions will prevail.
 
2.2 Derogation from the UVH is only possible in writing and on a case-by-case basis.
 
2.3 The UVH also apply to all natural or legal persons that are or have been hired by the hotel and catering establishment in the realization and/or execution of a hotel and catering contract or any other contract whilst running the hotel and catering establishment.
 
2.4 Once the UVH have been declared legally effective with regard to a certain hotel and catering contract, then the latest version of the UVH will be considered applicable to all following hotel and catering contracts between parties, unless stated otherwise in writing.
 
Article 3 Realization of hotel and catering contracts
3.1 A hotel and catering establishment can at all times refuse to enter into a hotel and catering contract, except when this refusal is based solely on one or more grounds as mentioned in article 429 quater of the Criminal Code (discrimination).
 
3.2 All offers by the hotel and catering establishment regarding the realization of a hotel and catering contract are without obligation and subject to "availability or capacity". In case the hotel and catering establishment wants to invoke this clause within a certain reasonable period regarding the circumstances after the contract has been accepted by the customer,  then the hotel and catering contract will be considered not to be concluded.
 
3.3 If the hotel and catering establishment has granted a right of option to a customer (option holder), this right cannot be revoked, unless and in so far as another potential customer has offered the hotel and catering establishment to enter into a hotel and catering contract for the whole or a part of the hotel and catering services that have been given in option. The option holder must be notified at that time by the hotel and catering establishment regarding this offer, after which the option holder must decide whether or not he wants to exercise his right of option. If the option holder does not notify the establishment about his wish to exercise his right of option, his right of option will have lapsed. A right of option can only be granted in writing.
 
3.4 Hotel and catering contracts for (a) guest(s), entered into by an intermediary (such as shipbrokers, travel agents, other hotel and catering establishments etc.), whether or not in the name of their relation(s), are deemed to be entered into at the risk and expense of this intermediary. The hotel and catering establishment does not owe any commission or provision, whatever name is used for it, to the intermediary, unless specifically agreed upon otherwise in writing. Full or partial payment of the amount due by a guest will discharge the intermediary to the same level.
 
Article 4 General obligations of the hotel and catering establishment
4.1 The obligations mentioned in this article apply to all hotel and catering establishments. Those obligations stemming from the specific nature of the hotel and catering establishment or the nature of the services rendered, will be mentioned in the following articles.
 
4.2 In case the special regulations mentioned in articles 5 and further differ from a general clause mentioned in articles 4.3 up to and including 4.7, the special regulations will prevail.
 
4.3 The hotel and catering establishment is obliged, without limiting the provisions of the articles  hereafter, to provide the hotel and catering services in accordance with the contract and at the time that is agreed upon in the way that is usual for that hotel and catering establishment.
 
4.4 The obligations mentioned in article 4.3. do not apply:
 
a. in case of circumstances beyond the control of the hotel and catering establishment as described in article 15.
 
b. in case a guest arrives more than half an hour late or not at all.
 
c. in case a customer does not pay the deposit or interim payment in time.
 
d. in case a customer does not provide, notwithstanding a request to do so, a sales guarantee in time.
 
e. in case a customer does not in any other way fully comply with all obligations he has for whatever reason towards the hotel and catering establishment.
 
4.5 The hotel and catering establishment is not obliged to keep or safeguard any goods from a guest.
 
4.6 If the hotel and catering establishment charges a guest for receiving or safeguarding goods, the hotel and catering establishment is then obliged to safeguard these goods with due care and diligence, without limiting the provisions of article 12.
 
4.7 The hotel and catering establishment is never obliged to accept any pets from guests and is entitled to make its permission subject to further conditions.
 
Article 5 Obligations of the hotel establishment
5.1 The hotel establishment is obliged to provide accommodation of the hotel's usual quality level to a guest for the period agreed upon, subject to the stipulation in paragraph 3.
 
5.2 The hotel establishment is also obliged to be able to offer the applicable and hotel's usual catering services and to be able to offer the usual facilities.
 
5.3 Accommodation must be available to a guest from 2 p.m. on the day of arrival until 12 noon on the day of departure.
5.4 The hotel establishment is obliged to provide a guest with the internal rules, either by hanging them, putting them or placing them in a clearly visible place or by handing a guest a written copy of them. A guest must adhere to these internal rules.
 
5.5 The hotel establishment has the right to stop offering catering services to a guest at any moment without further notice, if a guest repeatedly violates the internal rules or behaves otherwise in such a way that peace and order in the establishment or the normal running thereof, is or could be disturbed. A guest must leave the hotel immediately on request. The hotel establishment is entitled to exercise this right only if the nature and severity of the violations by a guest warrants such steps, in the hotel establishment's reasonable opinion. 
 
5.6 Unless otherwise agreed upon, the hotel establishment has the right to consider the reservation cancelled when a guest has not reported to him on the first day of reservation at 6 p.m., without limiting the stipulations of article 9.
 
5.7 The hotel establishment has the right to expect a guest to accept other accommodation than was to be provided under the contract, except when such a request must be considered evidently unfair and inconvenient for a guest. In that case, a guest/customer has the right to terminate the contract in question with immediate effect, without limiting his obligations under other hotel and catering contracts. If the hotel establishment saves money, as previously described, by offering other accommodation than it should do under the terms of the contract, a guest and/or customer is entitled to receive the amount of money thus saved. In all other cases the hotel establishment cannot be obliged to pay any kind of compensation.
 
Article 6 Obligations of the catering establishment.
6.1 The catering establishment is obliged to offer a guest the agreed facilities on the agreed date in a way and of a quality and quantity that is customary for the establishment. 
 
6.2 In case no prior food or drink arrangements were made, the catering establishment will on request offer food and drink to the best of its ability, without limiting the stipulation of article 6.1.
 
6.3 The catering establishment has the right to refuse or to terminate the offering of catering services at any time if a guest does not behave in accordance with the class and the running of the restaurant. The catering establishment has the right, among others,  to set certain requirements on a guest's appearance.  A guest must leave the restaurant immediately on request.
 
6.4 If a guest has not arrived half an hour after the agreed time, the catering establishment can consider the reservation cancelled, without limiting the stipulations of article 9.
 
Article 7 Obligations of the bar establishment
7.1 The bar establishment is obliged to offer a guest on request drink that is available. On top of that the bar establishment must be able to render catering services customary for the establishment.
 
7.2 The bar establishment has the right to refuse or terminate the offering of catering services at any time if a guest does not behave in accordance with the class and the running of the bar. The bar establishment has the right, among others, to set certain requirements on a guest's appearance. A guest must leave the bar immediately on request.
 
Article 8 Obligations of a hotel and catering establishment regarding room rental
8.1 The hotel and catering establishment has the right to offer another room than was to be provided under the contract, except when such an offer must be considered evidently unfair and inconvenient for a guest. In that case, a guest/customer has the right to terminate the contract in question with immediate effect, without limiting his obligations under other hotel and catering contracts. If the hotel establishment saves money, as previously described, by offering other rooms than it should do under the terms of the contract, a guest and/or customer is entitled to receive the amount of money thus saved. In all other cases the hotel establishment cannot be obliged to pay any kind of compensation. The hotel and catering establishment is furthermore obliged to be able to offer the usual hotel and catering services to its guests.
 
8.3 The hotel and catering establishment has the right to refuse or terminate the offering of hotel and catering services at any time if a guest does not behave in accordance with the class and the running of the establishment. The establishment has the right, among others, to set certain requirements on a guest's appearance. A guest must leave the establishment immediately on request.
 
8.4 The hotel and catering establishment has the right, after conferring with the competent local authorities, to terminate a hotel or catering contract in case of reasonable fear of disturbance of the peace. Should the hotel and catering establishment exercise this right, it cannot be held liable to pay any kind of compensation.
 
Article 9 Cancellations
9.1 Cancellations by customers, general
 
9.1.1 A customer has no right to cancel a hotel or catering contract unless he irrevocably and simultaneously offers to pay the amounts described hereafter. Each cancellation is considered to cover such an offer. Such an offer is considered accepted if it's not immediately refused by the hotel and catering establishment. Cancellations must be dated and done in writing. A customer can derive no rights from an oral cancellation. Article 9 applies without limiting the stipulations of other articles.
 
9.1.2 No later than one month prior to the start of the services as agreed upon, the hotel and catering establishment can inform a customer that certain individuals will be regarded as a group. From that point onwards all stipulations regarding groups will apply to those persons.
 
9.1.3 The stipulations of articles 13.1 and 14.6 also apply to cancellations.
 
9.1.4 In cases of no-show a customer will in all cases be obliged to pay the value of the reservation.
 
9.1.5 In case not all of the agreed hotel and catering services are cancelled, the stipulations mentioned hereafter will apply proportionally to the cancelled services.
 
9.1.6 In case one or more hotel and catering services are wholly or partly cancelled, the periods as described in the articles hereafter will be expanded by 4 months in case the value of the cancelled service(s) is higher than the similarly calculated value of the other hotel and catering services the establishment could have rendered during the time-span it would have been rendering the agreed upon services. 
 
9.1.7 Amounts the establishment has already paid to third parties under the cancelled contract at the time of the cancellation, must be paid by the customer at all times, in so far as the establishment has not entered into unreasonable obligations. The amounts in question will be deducted from the value of the reservation as described in the stipulations hereafter.
 
9.2 Cancellation of hotel accommodation
 
9.2.1 Groups
 
If a reservation has been made for a group for hotel accommodation only, with or without breakfast, the following cancellation stipulations apply.
 
a. If cancellation takes place more than 3 months prior to the date on which the first hotel and catering service must be rendered under the contract, hereafter to be called "start date", the customer will not be obliged to pay any compensation to the hotel establishment.
 
b. If cancellation takes place more than 2 months prior to the start date, the customer will be obliged to pay 15% of the value of the reservation to the hotel establishment.
 
c. If cancellation takes place more than 1 month prior to the start date, the customer will be obliged to pay 35% of the value of the reservation to the hotel establishment.
 
d. If cancellation takes place more than 14 days prior to the start date, the customer will be obliged to pay 60% of the value of the reservation to the hotel establishment.
e. If cancellation takes place more than 7 days prior to the start date, the customer will be obliged to pay 85% of the value of the reservation to the hotel establishment.
 
f. If cancellation takes place 7 days or less prior to the start date, the customer will be obliged to pay 100% of the value of the reservation to the hotel establishment.
 
9.2.2 Individuals
 
If a reservation has been made for one or more individuals for hotel accommodation only, with or without breakfast, the following cancellation stipulations apply.
 
a. If cancellation takes place more than 1 month prior to the start date, the customer will not be obliged to pay any compensation to the hotel establishment.
 
b. If cancellation takes place more than 14 days prior to the start date, the customer will be obliged to pay 15% of the value of the reservation to the hotel establishment.
 
c. If cancellation takes place more than 7 days prior to the start date, the customer will be obliged to pay 35% of the value of the reservation to the hotel establishment.
 
d. If cancellation takes place more than 3 days prior to the start date, the customer will be obliged to pay 60% of the value of the reservation to the hotel establishment.
 
e. If cancellation takes place more than 24 hours prior to the start date, the customer will be obliged to pay 85% of the value of the reservation to the hotel establishment.
 
f. If cancellation takes place 24 hours or less before the start date, the customer will be obliged to pay 100% of the value of the reservation to the hotel establishment.
 
9.3 Cancellation of catering or restaurant reservation
 
9.3.1 Groups
 
If a reservation has been made for a group for the restaurant (table) only, the following cancellations stipulations apply:
 
1. if a menu has been agreed:
 
a. if cancellation takes place more than 14 days prior to the reserved date, no compensation is applicable.
 
b. if cancellation takes place less than 14 days but more than 7 days prior to the reserved date, the customer will be obliged to pay 25% of the value of the reservation. 
 
c. if cancellation takes place 7 days or less prior to the reserved date, the customer will be obliged to pay 50% of the value of the reservation.
 
d. if cancellation takes place 3 days or less prior to the reserved date, the customer will be obliged to pay 75% of the value of the reservation.
 
2. if no menu has been agreed:
 
a. if cancellation takes place more than two times 24 hours prior to the reserved date, no compensation is applicable.
 
b. if cancellation takes place two times 24 hours or less prior to the reserved date, the customer will be obliged to pay 50% of the value of the reservation.
 
9.3.2 Individuals
If a reservation has been made for one or more individuals for the restaurant (table) only, the following cancellations stipulations apply:
 
1. if a menu has been agreed:
 
a. if cancellation takes place more than four times 24 hours prior to the reserved date, no compensation is applicable.
 
b. if cancellation takes place four times 24 hours or less prior to the reserved date, the customer will be obliged to pay 50% of the value of the reservation.
 
2. if no menu has been agreed:
 
a. if cancellation takes place more than two times 24 hours prior to the reserved date, no compensation is applicable.
 
b. if cancellation takes place two times 24 hours or less prior to the reserved date, the customer will be obliged to pay 50% of the value of the reservation.
 
9.4 Cancellation of other hotel and catering contracts
 
9.4.1 For cancellations of all other reservations not covered by articles 9.2 and 9.3 the following stipulations will apply.
 
9.4.2 If a reservation has been made for a group, the following cancellation stipulations apply.
 
a. If cancellation takes place more than 6 months prior to the date on which the first hotel and catering service must be rendered under the applicable contract, the customer will not be obliged to pay any compensation to the hotel and catering establishment.
 
b. If cancellation takes place more than 3 months prior to the above-mentioned date, the customer will be obliged to pay 10% of the value of the reservation to the hotel and catering establishment.
 
c. If cancellation takes place more than 2 months prior to the above-mentioned date, the customer will be obliged to pay 15% of the value of the reservation to the hotel and catering establishment.
 
d. If cancellation takes place more than 1 month prior to the above-mentioned date, the customer will be obliged to pay 35% of the value of the reservation to the hotel and catering establishment.
 
e. If cancellation takes place more than 14 days prior to the above-mentioned date, the customer will be obliged to pay 60% of the value of the reservation to the hotel and catering establishment.
 
f. If cancellation takes place more than 7 days prior to the above-mentioned date, the customer will be obliged to pay 85% of the value of the reservation to the hotel and catering establishment.
 
g. If cancellation takes place 7 days or less prior to the above-mentioned date, the customer will be obliged to pay 100% of the value of the reservation to the hotel and catering establishment.
 
9.4.3 If a reservation is made for one or more individuals, the following cancellation stipulations apply.
 
a. If cancellation takes place more than 1 month prior to the date on which the first hotel and catering service must be rendered under the applicable contract, the customer will not be obliged to pay any compensation to the hotel and catering establishment.
 
b. If cancellation takes place more than 14 days prior to the above-mentioned date, the customer will be obliged to pay 15% of the value of the reservation to the hotel and catering establishment.
 
c. If cancellation takes place more than 7 days prior to the above-mentioned date, the customer will be obliged to pay 35% of the value of the reservation to the hotel and catering establishment.
 
d. If cancellation takes place more than 3 days prior to the above-mentioned date, the customer will be obliged to pay 60% of the value of the reservation to the hotel and catering establishment.
 
e. If cancellation takes place more than 24 hours prior to the above-mentioned date, the customer will be obliged to pay 85% of the value of the reservation to the hotel and catering establishment.
 
f. If cancellation takes place 24 hours or less prior to the above-mentioned date, the customer will be obliged to pay 100% of the value of the reservation to the hotel and catering establishment.
 
9.5 Cancellation by the hotel and catering establishment
 
9.5.1 The hotel and catering establishment has the right to cancel a hotel and catering contract taking the following into account,  unless the customer has requested in writing within 7 days of concluding the contract in question that the establishment waives its right to cancel, and the customer simultaneously agrees unequivocally to waive his own right to cancel.
 
9.5.2 If a hotel and catering establishment cancels a contract for the offering of food and drink, articles 9.1.1. and 9.3.2. are applicable, substituting customer and establishment.
 
9.5.3 If a hotel and catering establishment cancels any other hotel and catering contract than described in article 9.5.2., the articles 9.1.1. and 9.2.2. will subsequently apply, substituting customer and establishment.
 
9.5.4 The hotel and catering establishment is at all times entitled to cancel a hotel and catering contract without having to pay any of the above-mentioned compensation, if there is sufficient evidence that the event which is to be held in the establishment under the contract signed between parties is of such a different character than could be expected from the description by or of the customer or guests, that the hotel and catering establishment would not have concluded the contract had it known about the real nature of the event. If the establishment exercises this right after the start of the event in question, the customer will be obliged to pay for all services rendered up to that time but has no payment obligations henceforth or otherwise. If applicable, the payment of services rendered will be calculated in proportion to time. 
 
9.5.5 The hotel and catering establishment has the right, instead of exercising the right as referred to in article 9.5.4., to set further requirements on the course of the event in question. If there is sufficient evidence that these requirements are not or will not be met, the hotel and catering establishment is still entitled to exercise its right as referred to in article 9.5.4.
 
9.5.6 If and in so far as the hotel and catering establishment also acts as travel agent within the meaning of the law, the following stipulations apply with regard to travel contracts as defined by the law. The hotel and catering establishment is allowed to alter an essential part of the travel contract for serious reasons about which the traveller has been notified immediately. The hotel and catering establishment is also allowed to alter the travel contract in other parts for serious reasons about which the traveller has been notified immediately.
 
Until twenty days prior to the start of the trip the hotel and catering establishment is allowed to increase the total travel costs because of a change in transportation costs including fuel prices, applicable taxes or exchange rates. If a traveller rejects any of such changes, the hotel and catering establishment can cancel the travel contract..
 
Article 10 Deposit and interim payment
10.1 The hotel and catering establishment can at all times request a deposit from the customer which shall not be higher than the total value of the reservation minus any interim payments. Received deposits will be booked adequately, are no more than a collateral for the establishment and do not count as sales.
 
10.2 The hotel and catering establishment can request interim payment for every time hotel and catering services have been rendered.
 
10.3 The hotel and catering establishment can recover all amounts the customer is due for whatever reason from the deposit paid in accordance with the previous stipulations. Any surplus must be duly reimbursed to the customer. 
 
Article 11 Sales guarantee
11.1 If a sales guarantee has been given, the customer will be obliged to pay at least the amount mentioned in the sales guarantee with regard to the hotel and catering contract to the hotel and catering establishment.
 
Article 12 Liability of the hotel and catering establishment
12.1 The exemption from liability in this article does not apply in those cases when the hotel and catering establishment has received a compensation for the manifested risk from an insurance company or other third party.
 
12.2 Without limiting the provisions of article 4.6 the hotel and catering establishment cannot be held liable for damage or loss of goods that were brought into the hotel by a guest of the hotel. The customer indemnifies the hotel establishment against such claims by guests. This does not apply if the damage or loss can be attributed to an act of gross negligence or deliberate intent on the part of the hotel establishment.
 
12.3 Without limiting the provisions of article 12.7 and 12.8, the hotel and catering establishment is never liable for whatever damage suffered by a customer, guest and/or third party, unless this damage is a direct consequence of deliberate intent or gross negligence on the part of the hotel and catering establishment. This exemption from liability especially applies to cases when damage is a result of the consuming of any articles of food prepared or served by the hotel and catering establishment or when damage is a result of IT problems. If mandatory law only allows for a lesser degree of exemption from liability, than this lesser degree is applicable.
 
12.4 In no case whatsoever will the hotel and catering establishment be obliged to pay compensation higher than:
 
1. the value of the reservation or, in case that is higher:
 
a. the compensation received from the insurance company of the establishment for the damage incurred, or;
 
b. the compensation received from any other third party with regard to the damage incurred.
 
12.5 For damage to or caused by vehicles of guests, the hotel and catering establishment can never be held liable unless and in so far as the damage is a direct result of deliberate intent or gross negligence on the part of the hotel and catering establishment.
 
12.6 The hotel and catering establishment can never be held liable for direct or indirect damage to whoever or whatever as a direct or indirect result of any defect, circumstance or capacity of movable or immovable property that is held, leased, rented, owned or otherwise used by the hotel and catering establishment, unless and in so far as the damage is a direct result of deliberate intent or gross negligence on the part of the hotel and catering establishment.
 
12.7 If damage occurs to any goods of a guest that were given for safekeeping and for which service of safekeeping the guest has been charged as described in article 4.6, the hotel and catering establishment will be obliged to compensate for the damage or loss of these goods. No compensation is due for any other goods that were inside the goods given for safekeeping.
 
12.8 If the hotel and catering establishment accepts goods or in case goods are deposited, kept or left behind in any way, by any person in any place without the hotel and catering establishment charging a safekeeping fee of any sort, then the hotel and catering establishment cannot be held liable for damages to or related to these goods in any way unless the damage has been deliberately inflicted by the hotel and catering establishment or is a result of gross negligence on the part of the hotel and catering establishment.
 
12.9 A customer (not being a natural person, not acting in the course of his profession or business) will indemnify the hotel and catering establishment against all possible claims, of whatever nature, from a guest and/or any third party, if and in so far as these claims are related in the widest sense of the word to any service rendered or to be rendered under a contract between the hotel and catering establishment and the customer or to a room where such services were rendered or had to be rendered. 
 
12.10 The obligation to indemnify as mentioned in article 12.9 also applies when the hotel and catering contract with the customer and/or guest has been wholly or partly terminated for whatever reason.
 
Article 13 Liability of a guest and/or customer
13.1 A customer and a guest and those accompanying him are jointly and severally liable for all damages incurred or likely to be incurred by the hotel and catering company and/or any third party as a direct or indirect result of a breach of contract (attributable failure) and/or unlawful act, including the violation of internal rules by the customer and/or the guest and/or those accompanying him, as well as for all damages caused by any animal and/or substance and/or any other matter in their possession or under their supervision.
 
Article 14 Settlement and payment
14.1 A customer is obliged to pay the price as agreed in the contract or, in case the contract was concluded more than 3 months prior to the date on which the services agreed will be rendered, the price that is in force at the time when the service(s) is (are) rendered, also including prices that are included in pricelists clearly visible for guests or handed to the guest, on request if needed. Changes in VAT tariffs will be passed on to the customer at all times.
 
A list is considered to be clearly visible for guests when the list is visible in spaces accessible to the public. For special services, such as the use of cloak rooms, garage, safe, washing, telephone, telex, tv rental etc. the hotel and catering company can make extra charges.
 
14.4 All bills, including bills regarding cancellations or no-shows, are up for payment by the customer and/or guest upon presentation. The customer must provide immediate payment unless otherwise agreed upon in writing or otherwise.
 
14.5 If an invoice is sent for a bill of less than € 150,- under the terms of the fourth paragraph, the hotel and catering company can add an extra charge of € 15 for administrative costs. That amount is subsequently subject to the stipulations of this article.
 
14.6 A guest and a customer are jointly and severally liable for all amounts due to the hotel and catering establishment by any one of them or by the two of them together for whatever reason. None can invoke any kind of benefit of discussion. Hotel and catering contracts are considered to be concluded also on behalf of every guest unless otherwise agreed. By showing up the guest indicates that the customer was authorized to represent him at the time of concluding the hotel and catering contract in question.
 
14.7 As long as a guest and/or customer has not fully complied with all his obligations towards the hotel and catering company, the latter is entitled to take into possession and keep all goods that were brought into the establishment by the guest and/or customer, until the guest and/or customer has fulfilled all obligations to the satisfaction of the hotel and catering company. Besides a right of retention the hotel and catering company can also exercise in applicable cases a right of pledge with regard to the goods in question.
 
14.8 In case bills are not settled by cash payment, all invoices, for whatever amount, must be paid by the customer within 14 days of the invoice date. When sending an invoice the hotel and catering company is at all times entitled to add a prompt payment discount of 2% of the invoice amount, which can be deducted if the customer pays the invoice within 14 days.
 
14.9 If and in so far as prompt payment does not take place, the customer is in default without a notice of default being necessary.
 
14.10 If a customer is in default he will be obliged to pay for all costs related to the recovery of the debt, court costs or extrajudicial collection costs. The extrajudicial collection costs will be considered to be a minimum of 15% of the amount due with a minimum of € 100, all amounts plus VAT payable by law.
 
14.11 On top of this a customer, when in default, owes an interest rate which is 2% above the statutory interest rate. Part of a calendar month will be seen as a whole month when calculating the interest due. 
 
14.12 If the hotel and catering company has any goods as described in article 14.7 in its possession and the customer who has given these goods into safekeeping has been in default for 3 months, the hotel and catering company has the right to sell these goods in public or privately and to recover the costs from the proceeds. Costs related to the sale are also the responsibility of the customer and can also be recovered by the hotel and catering company from the proceeds. Any surplus amounts after recovery of all costs will be paid out to the customer.
 
14.13 Every payment, regardless of any remarks made by the customer regarding that payment, will be applied towards the payment of the customer's debt towards the hotel and catering company, in the following order:
 
1. costs of execution;
 
2. court costs and extrajudicial collection costs;
 
3. interest;
 
4. damages;
 
5. principal sum.
 
14.14 Payment will be made in Dutch currency. If the hotel and catering company accepts foreign currencies, the exchange rate currently in force at the time of payment will be used. The hotel and catering company can apply an extra charge for administrative costs of a maximum of 10% of the amount offered in foreign currencies. The hotel and catering company can implement this by adjusting the current exchange rate by a maximum of 10%.
 
14.15 The hotel and catering company is never obliged to accept cheques, bank transfers or other such methods of payment and can make its acceptance subject to conditions. The same goes for other methods of payment not mentioned here.
 
Article 15 Force majeure
15.1 All foreseen or unforeseen, foreseeable or unforeseeable circumstances hampering the execution of the hotel and catering contract in such a way that execution will become impossible or inconvenient will be considered as force majeure, as a result of which failures will not be attributable to the hotel and catering company. 
 
15.2 This also applies to any such circumstances regarding persons and/or services and/or organizations the hotel and catering company wishes to hire for the execution of the hotel and catering contract, as well as anything that is considered to be force majeure or a suspensive or resolutory condition for the afore-mentioned, as well as attributable nonperformance of the afore-mentioned.
 
15.3 If any of the parties involved in a hotel and catering contract is not able to fulfil his obligations under that contract, he is obliged to inform the other party immediately.
 
Article 16 Lost property
16.1 Lost and found objects in the building or annexes of the hotel and catering establishment must be handed in to the hotel and catering company by the guest who found them with due speed.
 
16.2 The hotel and catering company will acquire the ownership of all lost and found objects of which the person or party having title to the goods has not reported himself to the hotel and catering company within a year.
 
16.3 If the hotel and catering company forwards the goods to the guest which left them behind, the costs will be the responsibility of the guest. The hotel and catering company is at no time obliged to forward any goods. 
 
Article 17 Corkage
17.1 If a guest and/or customer consumes drink in the rooms of the hotel and catering establishment, which has not been provided by that hotel and catering establishment, the customer will be charged corkage for each bottle consumed.
 
17.2 If a guest and/or customer consumes food in the rooms of the hotel and catering establishment which has not been provided by that hotel and catering establishment, the customer will be charged a food charge.
 
17.3 The charges described in articles 17.1 and 17.2 will be agreed to beforehand or, when there is no such agreement, determined by the hotel and catering company in all fairness.
 
Article 18 Applicable law and disputes
Hotel and catering contracts are governed only by Dutch law.
 
18.2 Disputes between the hotel and catering company and a customer (not being a natural person, not acting in the course of his profession or business) will be submitted only to the competent court within whose jurisdiction the hotel and catering company has its domicile, unless they must be submitted to another court because of a mandatory statutory provision, without limiting the right of the hotel and catering company to submit the dispute to the court that would be competent in the absence of this clause.
 
18.3 If and when a disputes committee has been set up under the auspices of 'Koninklijk Horeca Nederland' and possible other organizations involved, all disputes for which the disputes committee has been formed, will be settled according to the related rules of procedure.
 
18.4 All claims from a customer expire after one year after the date of the claim.
 
18.5 Invalidity of one or more provisions in these general terms and conditions does not affect the validity of the remaining provisions. If a provision in these general terms and conditions turns out to be invalid for whatever reason, the parties will then be deemed to have agreed to a substitute valid provision that comes closest to the content and purport of the invalid provision. 
 
September 1998