The Uniform Conditions

Definitions

1. Hospitality Business: the natural or legal person or company whose business it is to provide Hospitality Services.
2. Provision of Hospitality Services: the provision by a Hospitality Business of accommodation, and/or food and/or beverages and/or the provision of halls and/or rooms and/or premises, including all of the associated activities and services, and all in the broadest sense of the word.
3. Customer: the natural or legal person or company that has entered into a Hospitality Agreement with a Hospitality Business.
4. Guest: the natural person(s) to whom one or more Hospitality Services must be provided on the basis of the Hospitality Agreement that has been concluded with the Customer. Wherever the Uniform Conditions refer to Guest or Customer, this refers to both a Guest and a Customer unless the content of the provision and its scope necessarily imply that reference is only being made to one of the two.
5. Hospitality Agreement: an agreement between a Hospitality Business and a Customer regarding one or more Hospitality Services that are to be provided by the Hospitality Business at a price payable by the Customer. The term ‘reservation’ may also occasionally be used instead of the term ‘Hospitality Agreement’.
6. Catering Agreement: an agreement between a Hospitality Business and a Customer regarding one or more Hospitality Services that are to be provided by the Hospitality Business regarding beverages and/or food at a price that is payable by the Customer.
7. Reservation value: the Hospitality Business’ total expected turnover including service charges and VAT regarding a Hospitality Agreement that has been concluded with a Customer, which expectation is based on the averages that are applicable within Facilities & Services.
8. Cancellation: the written notification that the Customer sends to the Hospitality Business (preferably by e-mail) that states that one or more of the agreed Hospitality Services will not be used in full or in part, or the written notification that Facilities & Services gives to the Customer that states that one or more of the agreed Hospitality Services will not be provided in full or in part.
9. Amendments to the Hospitality Agreement: pursuant to the agreement, the parties will agree on the number of participating/visiting persons, which shall be legally binding in a quotation and will be confirmed by means of an email confirmation. It will only be possible to deviate from this number if notification is given two days prior to the event and the number of persons has not changed by more than ten percent of the number of persons mentioned in the initial communication. In the case of a lunch, notification must be given one day prior to the event (and no later than 12.00 pm).
10. No-show: without prior Cancellation, the failure of a Guest’s use of one of the Hospitality Services that is provided on the basis of a Hospitality Agreement.
11. Goods: all goods, including money, valuables, and negotiable instruments.
12. Corkage: the amount payable for the consumption of beverages and/or food at a hospitality establishment that have not been supplied by the Hospitality Business.

Article 1 Applicability

1. With the exclusion of any and all other general terms and conditions, the Uniform Conditions shall apply to the conclusion and the content of any and all Hospitality Agreements as well as to any and all offers relating to the conclusion of the said Hospitality Agreements. If other general terms and conditions are nonetheless applicable, then the Uniform Conditions shall prevail in the case of discrepancy.
2. Deviations from the Uniform Conditions will only be possible if confirmed in writing and will be considered on a caseby-case basis.
3. The Uniform Conditions shall extend to any and all natural and legal persons that Facilities & Services uses or has used in the conclusion and/or implementation of a Hospitality Agreement or any other agreement or upon Facilities & Services’ exploitation.
4. Once the Uniform Conditions have been declared legally applicable to a specific Hospitality Agreement, the most recent valid version of the Uniform Conditions will be deemed applicable to all subsequent Hospitality Agreements between the same parties, unless otherwise agreed in writing.

Article 2 Conclusion of Hospitality Agreements

1. Facilities & Services may at all times for any reason whatsoever refuse to enter into a Hospitality Agreement, unless such a refusal exclusively takes place on one or more grounds that are qualified as discrimination in Clause 429 of the Dutch Criminal Code.
2. Any and all offers made by Facilities & Services regarding the conclusion of a Hospitality Agreement will be subject to the condition ‘subject to availability and capacity’. If the Hospitality Business is forced to rely on the aforementioned proviso within a reasonable period of time after acceptance by the Customer, then the intended Hospitality Agreement is deemed not to have been concluded.
3. If Facilities & Services has granted the Customer (option holder) a right of option, this right cannot be revoked, except if and insofar as another potential Customer has made Facilities & Services an offer to conclude a Hospitality Agreement with regard to the total or part of the optionally outstanding Hospitality Services. The option holder must then be informed of this offer by Facilities & Services, at which time the option holder must indicate whether or not they wish to make use of the option right. If the option holder does not indicate that they wish to make use of the option right, the option right will lapse. An option right may be granted in writing and by email.
4. A Hospitality Agreement that has been concluded for a Guest/Guests by an intermediary, regardless of whether this has been done in the name of their business relation(s), will be deemed to have also been partly concluded at the risk and expense of the said intermediary. Facilities & Services will not be liable to pay a commission or bonus, by any name whatsoever, unless expressly stipulated otherwise in writing (and preferably by email). The Guest’s full or partial payment of the amount due will liberate the intermediary to the same extent.

Article 3 General obligations of Facilities & Services

1. All obligations arising from the special nature of Facilities & Services and the nature of the Hospitality Services that are to be provided are included in the following articles.
2. Without prejudice to the provisions of the following articles, Facilities & Services is obliged by virtue of the Hospitality Agreement to provide the agreed Hospitality Services at the agreed times in the manner that is customary to Facilities & Services.
3. Facilities & Services is not obliged to take receipt of and/or retain any Goods belonging to the Guest.
4. Facilities & Services is at no time obliged to admit any pet(s) belonging to the Guest and may impose conditions on this admission.
5. Facilities & Services is obliged to provide the Guest with accommodation of the usual quality during the agreed period.
6. Facilities & Services is also obliged to be able to provide the associated, customary Hospitality Services and to provide the usual accompanying facilities.
7. Facilities & Services 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 otherwise behaves in such a way that order and peace at the relevant hospitality establishment and/or the normal exploitation thereof is disrupted. The Guest must then leave the hospitality establishment at the first request. Facilities & Services may only exercise its present authority if the nature and seriousness of the violation committed by the Guest provides sufficient reason to do so in the reasonable opinion of Facilities & Services.
8. Facilities & Services may require the Guest to accept accommodation other than that provided for in the Agreement, unless such a wish has clearly been indicated by the Guest. In the latter case, the Guest will have the right to terminate the Hospitality Agreement with immediate effect, without prejudice to their obligations on account of other Hospitality Agreements. If Facilities & Services saves expenses by providing accommodation that differs from what was agreed in the Hospitality Agreement, the Guest will be entitled to the amount saved. In all other respects, Facilities & Services will at no time be obliged to pay any compensation.
9. Facilities & Services is obliged to make the agreed facilities available to the Guest at the agreed time and to provide the quantity and quality of the agreed food and beverages in a customary manner. If no food or beverages have been agreed in advance, Facilities & Services shall, upon request, provide the food and beverages which it is able to provide at that time, without prejudice to the other provisions.

Article 4 Cancellations made by Guests, general Cancellations

1. The Guest is not authorised to cancel a Hospitality Agreement, unless they simultaneously make an irrevocable offer to pay the amounts stipulated below. Any Cancellation shall be deemed to include such an offer. Such an offer shall be deemed to have been accepted if Facilities & Services does not immediately reject the offer. The Cancellation must be made in writing (and preferably by email) and must be dated. The Guest may not derive any rights from a verbal Cancellation. The provisions of Article 4 shall apply without prejudice to the provisions of other Articles.
2. In the event of a No-show, the Guest will in all cases be obliged to pay the reservation value (the value of the Hospitality Agreement).
3. If not all of the agreed Hospitality Services have been cancelled, the following provisions will apply pro rata to the cancelled Hospitality Services.
4. With regard to the cancelled Hospitality Agreement at the time of the Cancellation, the Guest must at all times reimburse Facilities & Services in full for any amounts that Facilities & Services owes to third parties, provided that Facilities & Services has not acted unreasonably in undertaking the obligations in question. The amounts involved shall be deducted from the reservation value referred to in the following provisions.

Article 5. Cancellation of accommodation agreements and conference rooms

If a reservation has been made exclusively for hotel accommodation, regardless of whether breakfast was included, or for a conference room, the following shall apply for the Cancellation of this reservation.
a. In the event of a Cancellation that has been made more than one month before the time at which the first Hospitality Services must be provided under the Hospitality Agreement, hereinafter referred to as "the commencement date", the Guest will not be obliged to pay any compensation.
b. In the event of a Cancellation that has been made more than 14 working days before the commencement date, the Guest will be forced to pay 10% of the reservation value.
c. In the event of a Cancellation that has been made more than 10 working days before the commencement date, the Guest will be forced to pay 15% of the reservation value.
d. In the event of a Cancellation that has been made more than three working days before the commencement date, the Guest will be forced to pay 25% of the reservation value.
e. In the event of a Cancellation that has been made more than 24 hours before the commencement date, the Guest will be forced to pay 40% of the reservation value.
f. In the event of a Cancellation that has been made 24 hours or less before the commencement date, the Guest will be forced to pay 100% of the reservation value.

Article 6 Cancellation of Hospitality Agreements

When a reservation has been made for a Hospitality Agreement, the following shall apply to the Cancellation of this reservation:

1. If a Hospitality Agreement has been made:
   a. In the event of a Cancellation that has been made more than 14 working days before the reserved time slot, no payment will be due;
   b. In the event of a Cancellation that has been made more than 10 working days before the reserved time slot, the Guest will be forced to pay 10% of the reservation value;
   c. In the event of a Cancellation that has been made more than four working days before the reserved time slot, the Guest will be forced to pay 50% of the reservation value;
   d. In the event of a Cancellation that has been made three working days or less before the reserved time slot, the Guest will be forced to pay 75% of the reservation value;
   e. In the event of a Cancellation that has been made 24 hours or less before the commencement date, the Guest will be forced to pay 100% of the reservation value.
2. If a Hospitality Agreement has not been made:
   a. In the event of a Cancellation that has been made more than 48 hours before the reserved time slot, no payment will be due;
   b. In the event of a Cancellation that has been made 24 hours or less before the reserved time slot, the Guest will be forced to pay 50% of the reservation value.

Article 7 Cancellation by Facilities & Services

1. Facilities & Services is authorised to cancel a Hospitality Agreement, with due observance of the following, unless the Customer has indicated in writing (and preferably by email) within seven days after the conclusion of the relevant Hospitality Agreement that they require Facilities & Services to waive its cancellation authority, provided that the Customer has also unambiguously indicated that they have renounced their own right to cancel.
2. Facilities & Services is at all times authorised to cancel a Hospitality Agreement without being obliged to pay the amounts referred to above if there is sufficient evidence that the gathering is of such a different nature than that which was expected. If Facilities & Services makes use of this authority once the gathering in question has commenced, the Guest will be obliged to pay for the Hospitality Services that have been received up to that point in time, but their obligation to pay for the remainder of the services will cease to apply. Where appropriate, the compensation for the Hospitality Services that have been received shall be calculated in proportion to time.

Article 8 Amendments to the Hospitality Agreement

Pursuant to the agreement, the parties will agree on the number of participating/visiting persons. It will only be possible to deviate from this number if notification is given five days prior to the event and the number of persons has not changed by more than ten percent of the number of persons mentioned in the initial communication. In the case of a lunch, notification must be given one day prior to the event (and no later than 12.00 pm).

Article 9 Liability

1. Facilities & Services is not liable for damage or loss of Goods that have been brought to the hospitality establishment by a Guest. The Customer shall indemnify Facilities & Services against any claims from Guests in this respect. The provisions here do not apply insofar as the damage or loss can be attributed to intent or gross negligence on the part of Facilities & Services. This exclusion of liability particularly applies to damage that has been caused by the consumption of foodstuffs that have been prepared or served by Facilities & Services and to damage that has been caused by automation issues. If mandatory law only permits a lesser limitation of liability, this lesser limitation shall apply.
2. Under no circumstances shall Facilities & Services be obliged to pay a higher amount of compensation than:
   a. The reservation value or, if it is more
   b. The amount that has been paid out for the damages to Facilities & Services by its own insurer, or;
   c. The compensation that has been obtained in this respect from another third party.
3. Facilities & Services shall not be liable for any direct or indirect damage to whomever or whatever that has arisen as a direct or indirect result of a defect or capacity or circumstance of, in or at a movable or immovable property that is held by the Hospitality Business, or is otherwise available to the Hospitality Business, except if and insofar as the damage has been the direct result of intent or gross negligence on the part of Facilities & Services.
4. If Goods are deposited and/or left behind in any way, anywhere, by whomever, without Facilities & Services’ knowledge, Facilities & Services shall at no time be liable for damage to or any damage in connection with such Goods in any way whatsoever.
5. Facilities & Services shall not be liable for any damage suffered by the Guest and/or any third party, if and insofar as this damage is in any way related to the services that Facilities & Services have provided on the basis of the agreement or Hospitality Agreement that Facilities & Services has concluded with the Customer, or with the accommodation in which such a service or Hospitality Services was/were provided or needed to be provided. Radboud University Facilities & Services, January 2014.
6. The indemnification obligation will also apply if the Hospitality Agreement with the Customer and/or the Guest has been dissolved in whole or in part for any reason.
7. The Customer and the Guest and those persons accompanying them will be jointly and severally liable for any and all damages that are and/or shall be inflicted on Facilities & Services and/or a third party as a direct or indirect result of an imputable failure (attributable failure) to comply and/or an unlawful act, including violation of the house rules, committed by the Customer and/or the Guest and/or those persons accompanying them as also for any damages that are inflicted by an animal and/or Goods of which they are the holder or that falls under their supervision.

Article 10 Settlement and payment

1. The Customer shall owe the price that is stipulated in the Hospitality Agreement or, insofar as the Hospitality Agreement was concluded before the time at which the Hospitality Services were to be provided under that Agreement, the prices that apply at the time that the Hospitality Service(s) were to be provided, which also includes the prices as stated on the lists that the Hospitality Business consequently handed over to the Customer/Guest at their request. Changes in the VAT rate as well as increases in excise duty will be passed on to the Customer at all times.
2. Any and all invoices, including invoices pertaining to a Cancellation or No-show, will be payable by the Customer and/or Guest at the moment that they are presented to them.
3. The Guest and the Customer shall be jointly and severally liable for all amounts that are owed to Facilities & Services by either one of them or both of them. Neither of them may rely on any benefit of execution. Unless otherwise stipulated, Hospitality Agreements are deemed to have been concluded on behalf of each and every Guest.
4. Unless cash payment has been agreed, all invoices, for any amount whatsoever, must be paid by the Customer to Facilities & Services within fourteen days of the invoice date. If cash or PIN payment has been agreed, payment must be made immediately thereafter.
5. If and insofar as prompt payment is not made, the Customer will be in default without any notice of default being required.

Article 11 Force majeure

1. Each and every foreseen or unforeseen, foreseeable or unforeseeable, circumstance that hinders Facilities & Services’ implementation of the Hospitality Agreement such that the implementation of the Hospitality Agreement becomes impossible or problematic will be deemed as force majeure for Facilities & Services, which means that any shortcoming caused as a result thereof cannot be attributed to Facilities & Services.
2. Such circumstances shall also include such circumstances in the case of persons and/or services and/or institutions that Facilities & Services wishes to utilise when executing the Hospitality Agreement, as well as everything that applies to the aforementioned as force majeure or a suspensive or resolutive condition, as well as breach of contract of the aforementioned.
3. If one of the parties to a Hospitality Agreement is unable to fulfil any obligation under said Hospitality Agreement, then this party is obliged to inform the other party as soon as possible.

Article 12 Governing law and disputes

This Hospitality Agreement is exclusively governed by Dutch law.

1. In the event of a dispute between Facilities & Services and a Customer (not being a natural person who does not act in the course of a profession or business), the competent court in the Facilities & Services’ place of establishment shall be exclusively competent, unless a court has jurisdiction under mandatory law and without prejudice to the authority of Facilities & Services to have the dispute settled by the court which would have jurisdiction in the absence of such a provision.
2. All of the Customer's claims shall expire after a period of one year from the time that they arose.
3. The invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity of all of the other provisions. If a provision in these general terms and conditions is found to be invalid, for any reason  whatsoever, then the parties will be deemed to have stipulated a valid alternative provision that best approximates the invalid provision in scope and effect.

Article 13 Lost property

1. Any objects which have been lost or left behind at the Hospitality Business’ premises and ancillary premises and which have been found by the Guest, must be handed in to the Hospitality Business by the Guest as soon as possible.
2. Any of the Guest’s items that the Hospitality Business forwards to the Guest will be forwarded entirely at the expense and risk of the Guest. The Hospitality Business is not obliged to forward any items.

Article 14 Corkage

1. If the Guest and/or Customer consumes beverages and/or food on the Hospitality Business’ premises that have not been supplied by the Hospitality Business, the Customer will be charged Corkage for each bottle that is consumed.
2. The amounts referred to in Article 14.1 shall be agreed in advance or, in the absence of a prior agreement, shall be reasonably determined by the Hospitality Business.