Terms and Conditions
General Terms & Conditions
The general terms and conditions (GTC) “Algemene Voorwaarden Horeca” are the regulations that govern how hotels, restaurants, cafés, catering, and event businesses in the Netherlands provide Horeca services and enter Horeca contracts. The GTC are held at the country court and the “Kamer van Koophandel” (KvK) in Amsterdam.
Table of content
Article 1 Definitions
Article 2 Applicability
Article 3 Establishment of horeca agreements
Article 4 General obligations of the horeca business
Article 5 Obligations of the restaurant business
Article 6 Obligations of the café business
Article 7 Obligations of the horeca business regarding room rental
Article 8 Cancellation
Article 9 Deposit and interim payment
Article 10 Revenue guarantee
Article 11 Liability of the horeca business
Article 12 Customer Liability
Article 13 Settlements and payments
Article 14 Force of the majority
Article 15 Lost and found
Article 16 Corkage and kitchen fees
Article 17 Applicable law and disputes
Article 1 – Definitions
Under the preceding words, the GTC, as well as the offers and agreements to which the AVH is applicable, always state the following.
The legal or natural person or partnership that provides horeca services and is a member of the Netherlands Horeca Gilde (NHG).
An individual that assists a horeca business in the closing and execution of horeca-agreements.
Providing horeca services
The provision by a horeca business of accommodation and/or food and/or drink and/or the provision of (hall) space and/or grounds, everything with all associated activities and services, and everything in the broadest sense of the word .
The natural or legal person or company that has concluded a Horeca Agreement with a horeca agreement and to whom one or more horeca service(s) must be provided.
A contract between a horeca business and a customer for the provision of one or more horeca services by the horeca agreement at a price to be paid by the customer. Sometimes the term reservation is used instead of horeca agreement.
The horeca business, where the provision of horeca services is primarily based on the distribution of food and alcoholic beverages.
The horeca business in which the provision of horeca services is mostly based on providing alcoholic beverages.
Room rental business
The horeca business, which specializes in the provision of horeca services that is primarily concerned providing hall spaces.
Reservation value (the value of the catering agreement)
The total turnover expectation of the horeca business, including service charges, tourist tax and VAT regarding a horeca agreement concluded with a customer, which expectations are based on the averages applicable within that horeca business.
Nederlands Horeca Gilde (NHG)
The employers’ organization for horeca business or any legal successor thereof.
The written notification by the customer to the Horeca business that one or more agreed horeca services will not be used in whole or in part, or the written notification by the Horeca business to the customer that one or more agreed horeca services will be entirely or partially not provided.
The act of not making use of a horeca-agreement-based service without cancellation by a customer.
A group of people, 8 or more, who must be provided one or more horeca services from a horeca business.
Anyone who does not fit into the above-mentioned group.
All goods that include money, monetary values, and valuable papers.
The amount payable by the customer for the consumption of drinks not supplied by that horeca business in the premises of the horeca business.
The cost payable by the customer for food consumed on the grounds of a the horeca businesses that is not served by the horeca business.
A written statement from the customer stating that the Catering Establishment will make at least a specific amount of money through one or more Catering Agreements.
Article 2 – Applicability
2.1 The GTC (General Terms and Conditions) apply to the conclusion and content of all horeca agreements, as well as to all offers relating to the conclusion of these horeca agreements, to the exclusion of all other General Terms and Conditions. If, in addition, other General Terms and Conditions apply, the GTC will prevail in the event of a contradiction.
2.2 Deviation from the GTC is only possible in writing and in exceptional circumstances.
2.3 The GTC are for the benefit of all natural and legal entities that the horeca business uses or has made use of when concluding and/or executing a horeca agreement or another agreement or when exploiting the horeca business.
2.4 Once the GTC has been declared legally applicable to a specific horeca agreement, the latest applicable version of the GTC will be regarded applicable to all subsequent horeca agreements between the parties, unless otherwise agreed in writing.
Article 3 – Establishment of horeca agreements
3.1 A horeca business may, at any time and for any reason, refuse to conclude a horeca agreement.
3.2 All offers made by a horeca business to conclude a horeca agreement are non-binding and subject to “as long as supplies (or capacity) last”. If the horeca business does not invoke the said reservation within a reasonable period defined by the circumstances and following consumer approval, the intended horeca agreement is determined not to have been concluded.
3.3 If the horeca business has granted the customer (option holder) an option right, this right cannot be revoked unless another potential customer makes an offer to the horeca business to finalize a horeca agreement for the entire or a part of the outstanding optional catering services. The horeca business must then notify the option holder of this offer, and the option holder must indicate whether or not he chooses to accept the offer right within the given timeframe specified by the horeca business in that context. The option right expires if and when the option holder declares that he desires to use it. An option right can only be granted in writing.
3.4 Horeca agreements entered by intermediaries (shipbrokers, travel agencies, other horeca businesses, etc.) for a customer, whether or not in the name of their relation(s), are considered to have been concluded in part at the expense and risk of these intermediaries. Unless specifically agreed differently in writing, the horeca business owes no commission or provision, by whatever name, to intermediaries. Payment of the full or partial amount owed by the customer will release the intermediary to the same extent.
Article 4 – General obligations of the horeca business
4.1 The obligations outlined in this article apply to all horeca businesses. The following articles contain all requirements originating from the distinct character of the horeca business and the type of the horeca services to be supplied.
4.2 If the special arrangement referred to in Article 5 and following deviates from a general provision in Articles 4.3 to 4.7, the special arrangement applies.
4.3 Without violating the provisions of the following articles, the horeca business is obligated by the horeca agreement to offer the agreed-upon horeca services in the manner specified in the horeca agreement.
4.4 The obligation referred to in Article 4.3 does not apply:
– in the event of force majeure on the part of the horeca business, as defined in Article 15;
– if the customer does not show;
– if the customer does not pay the deposit/interim payment referred to in Article 10 on time;
– if the customer fails to provide a turnover guarantee on time, despite a request to that effect;
– if the customer fails to fully comply with all his obligations owed to the horeca business for whatever reason.
4.5 The horeca business is not obligated to accept or store any goods from the customer.
4.6 If the horeca business charges the customer any fee for the receipt and/or custody of items, the horeca business must pay proper attention to those items, according to the conditions of Article 12.
4.7 The horeca business is under no obligation to accept any customer’s pet and may impose requirements for entry. However, small dogs are allowed in the front and terrace of the restaurant. Dogs are not allowed at the back of the restaurant neither the basement where food is prepared and stored.
Article 5 – Obligations of the restaurant business
5.1 The restaurant business is obligated to make the agreed-upon facilities available to the customer at the agreed-upon time, as well as to supply the agreed-upon food and drinks in the quantity, quality, and style common in its restaurant.
5.2 If no food or drink has been agreed upon in advance, the restaurant business will provide the food and drink that it can provide at that time, according to the other provisions of Article 6.1.
5.3 If the customer does not behave in line with the status and operation of the restaurant, the restaurant firm has the right to refuse or stop horeca services at any moment. The restaurant business can, among other things, set restrictions for the customer’s appearance. On the first request, the customer must leave the restaurant.
5.4 If the customer does not show within an hour of the specified time, the restaurant operator may consider the reservation cancelled, subject to Article 9 conditions.
Article 6 – Obligations of the restaurant business
6.1 On request, the café business is required to serve the customer with the drinks it has in store. Furthermore, the café business must be able to provide standardized horeca services.
6.2 If the customer does not act in line with the status and operation of the cafe, the cafe business has the right to refuse or cease horeca services at any moment. The cafe business can, among other things, set restrictions for the customer’s appearance. On the first request, the customer must leave the cafe.
6.3 If the cafe business believes there is excessive drinking or other unacceptable behavior, the cafe business has the right to stop providing products.
Article 7 – Obligations of the horeca business regarding room rental
7.1 The catering business is allowed to make other space available than what the horeca agreement specifies, unless doing so would be unfair to the customer and would be too inconvenient for them. In the latter case, the customer has the right to terminate the horeca agreement to which the aforementioned conditions of the horeca business apply with immediate effect, without prejudice to his obligations under other horeca agreements. The customer is entitled to the amount of any cost savings that the horeca business makes by offering a different space than is specified by the horeca agreement based on the aforementioned. The horeca business won’t ever be obligated to pay anything else.
7.2 The horeca business must be able to offer the clients its standard horeca services.
7.3 The horeca services is entitled to withhold or discontinue the provision of horeca services at any time if the customer does not behave in accordance with the status and operation of the horeca business. The horeca business may, among other things, set requirements about the appearance of the customer. The customer must leave the horeca business on first request.
7.4 In the event that the horeca business reasonably believes that there will be a disturbance of the peace, it may, after consulting the locally competent authority, dissolve the horeca agreement. If the horeca business makes use of this authority, the horeca business will not be obliged to pay any compensation.
Article 8 – Cancellation
8.1 General cancellations
8.1.1 The customer is not authorized to cancel a horeca agreement, unless at the same time he irrevocably offers to pay the amounts specified below. Any cancellation will be deemed to include such an offer. Such an offer is deemed to have been accepted if the horeca business does not immediately reject the offer. 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.
8.1.2 Before the first horeca service under the applicable horeca agreement is to be provided, the horeca business may inform the customer that it will treat a particular group of people as a single entity. This declaration must be made no later than one month in advance. Then, those individuals are covered by all group-specific provisions.
8.1.3 The provisions of Articles 12.1 and 13.6 also apply to cancellations.
8.1.4 The customer will always be obligated to pay the reservation value in the event of a no-show.
8.1.5 If not all agreed horeca services are cancelled, the following provisions apply pro rata to the canceled horeca services.
8.1.6 The terms in the following articles will be increased by four months if one or more agreed-upon catering services are cancelled completely or in part, provided that the reservation value of the cancelled horeca service(s) is greater than the value of the other horeca services the hospitality business could have provided in the time frame in which the cancelled horeca services should have been provided.
8.1.7 When the horeca business cancels the horeca agreement, the customer must always fully reimburse the horeca business for any sums that are already owed to third parties regarding the cancelled horeca agreement, provided that the horeca business was not acting unreasonable by starting to comply with the terms in question. The concerned amounts are subtracted from the reserve value referring to in the following clauses.
8.2 Cancellations of table reservations in a restaurant
The following rules apply to cancellations made by customers for reservations made for a group starting from 8 customers or more, that simply include a table at a restaurant.
A group reservation containing more than 8 guests, a down payment of €85 per individual in required.
- When the customer wants to cancel the group reservation, the horeca business needs to receive a written cancellation three days in advance to contain the right of a full deposit.
- When the written cancellation is received by the horeca business between three days to 24 hours before the actual reservation will take place, the customer has the right to receive a 50% refund of this down payment.
- The deposit will not be refunded if the horeca business receive a (partial) cancellation in written, less than 24 hours in advance or in case of a no-show.
When a reservation for only a restaurant (table reservation) is made for one or more (up to eight) individuals, the following applies to cancellation of that reservation
We request a down payment of €25 per individual to secure the reservation.
When the customer wants to cancel this reservation and receive a full refund of this down payment, a written cancellation needs to be received by the horeca business before midnight, one day before the actual reservation takes place.
8.2.3 Full restaurant
When a reservation for the full restaurant is made, the following applies to cancellation of that reservation
To reserve the entire SAAM restaurant, a down payment of 60% of the minimum price is required.
- When the horeca business receives the customer’s (partial) cancellation in written, 15 days (or more) prior the scheduled reservation, the horeca business is obliged to refund 100% of the agreed down payment to the customer.
- When the horeca business receives the customer’s (partial) cancellation in written, 14 days (or less) prior the scheduled reservation, the horeca business is obliged to refund 50% of the agreed down payment.
- When the horeca business receives the customer’s (partial) cancellation in written, 7 days (or less) prior the scheduled reservation, the customer has not right to a receive refund of the horeca business.
These cancellation refunds can deviate when the horeca business writes differently to the customer.
8.3 Cancellation by the horeca business
8.3.1 The horeca busines is authorized to cancel a horeca agreement
8.3.2 The horeca business is always free to cancel a catering agreement without having to pay the sums mentioned above, so long as there are adequate signs that the reason for the event will be of a different nature than what may be anticipated. the horeca business would not have reached an agreement if it had known the true nature of the meeting, whether based on a statement made by the customer or the capacity of the customer or guests. If the Catering Establishment uses this power after the relevant meeting has started, the Customer is still obligated to pay for the Catering Services used up until that point but no longer needs to make payments for the remaining services. On a pro rata basis, the reimbursement for the catering services used is calculated.
Article 9 – Deposit and interim payment
9.1 The horeca business has the right to request a deposit from the customer at any time, up to the full amount of the reservation value, excluding any previous partial payments. Deposits are appropriately handled, used only as security for the horeca business, and expressly excluded from calculation of already-realized turnover.
9.2 The horeca business may require interim payment for horeca services already provided.
9.3 In relation to everything that the customer owes him, for whatever reason, the horeca business may make a recovery from the sum placed in accordance with the aforementioned requirements. The horeca business shall immediately return the surplus to the customer.
Article 10 – Revenue guarantee
10.1 If a turnover guarantee has been given, the client is required to pay the horeca business at least the sum stated in the guarantee with relation to the catering agreement(s) in question.
Article 11 – Liability of the horeca business
11.1 The exclusion of liability in this article does not apply insofar as the horeca business has received compensation from an insurance company or from another third party regarding the (insured) risk that has materialized.
Alternative 11.1: If the horeca business has received compensation from an insurance company or from another third party with regard to the (insured) risk that has materialized, the horeca business liability is limited to the amount of this compensation.
11.2 Without prejudice to the provisions of Articles 11.6. and 11.7. the horeca business is never liable for any damage whatsoever suffered by the customer and/or third parties unless the damage is the direct result of intent or gross negligence on the part of the horeca business. This exclusion of liability also applies in particular to damage arising as a result of consuming foodstuffs prepared or reserved by the horeca business and to damage arising as a result of automation problems. If mandatory law only permits a less far-reaching limitation of liability, that less far-reaching limitation shall apply.
11.3 Under no circumstances shall the horeca business be required to provide compensation in excess of the reservation value. Or, if that amount is larger, the sum paid to the horeca business by its insurer in relation to the damage, or the compensation received from another third party.
11.4 Unless the damage is the direct result of the horeca business deliberate action or serious negligence, the horeca business is never responsible for damage to or with a vehicle of the customer.
11.5 The horeca business is never liable for damage or loss, directly or indirectly, to whomsoever or whatever arises as a direct or indirect consequence of any defect or any quality or circumstance in, in or on any movable or immovable property of which the horeca business is the holder, leaseholder, tenant or is the owner or otherwise available to the horeca business, unless the damage is the direct result of intent or gross negligence on the part of the horeca business.
11.6 The horeca business is required to make good on any damage done to the customer’s items that were placed in custody and for which a fee as described in Article 4.6 was imposed. Never is compensation due for additional items included with the given products.
11.7 The horeca business is never liable for damage to or loss in connection with those goods in any way whatsoever if the horeca business accepts goods or if goods are deposited, stored, and/or left in any manner, wherever, by anyone, without the horeca business stipulating any compensation for this. This is true even if the damage is the result of the horeca business gross negligence or willful misconduct.
11.8 With regard to any claim, by whatever name, that any third party involved in the horeca agreement in the broadest sense of the word may make against the horeca business, the customer (not being a natural person who does not act in the exercise of a profession or business) fully indemnifies the horeca business. This is true if and to the extent that the claim in the broadest sense can be related to any (catering) service to be provided or provided by the horeca business. This is an exception if the claim in dispute was brought about by the horeca business willful misconduct or egregious carelessness.
11.9 The indemnity obligation indicated in article 11.8 also applies if the horeca agreement with the customer has been terminated in whole or in part for whatever reason.
Article 12 – Customer Liability
12.1 It is understood that the customer and those with him are jointly and severally liable for any injury sustained by the horeca business and/or any third party as a direct or indirect result of a breach of contract (attributable shortcoming) and/or tort, including breaking the house rules, as well as for any injury sustained by any animal, substance, or item in their possession.
Article 13 – Settlements and payments
13.1 The customer owes the price listed in the catering agreement or, if it was concluded more than three months prior to the time when the horeca services required by that agreement must be provided, the prices in effect at that time, which also includes the prices listed on lists placed by the horeca business in a place where the customer can see them, or which are included in the horeca agreement. Changes in the VAT rate are charged to the customer at all times.
13.2 A list is deemed to be visible to the customer if visible in the normally accessible areas of the horeca business.
13.3 For unique services such the use of a cloakroom, garage, safe, laundry, telephone, telex, and TV rental, the horeca business may impose an additional fee.
13.4 The customer is responsible for paying all bills at the moment they are offered to him, even those for cancellations or no-shows. Unless expressly specified in writing or otherwise agreed, the customer must arrange for cash payments.
13.5 The customer and anybody visiting with him are jointly and severally responsible for any money owed by any of them, individually or collectively, to the horeca business for any reason. None of them are able to use any enforcement privileges. Unless otherwise specified, catering agreements are assumed to have been made on behalf of anyone visiting with the customer. Those who are with the customer signify that the customer has the right to represent them in concluding the appropriate catering arrangement by showing up.
13.6 The customer must fully comply with all of his obligations to the horeca business before the horeca business can take hold of any goods brought in by the customer and keep them until the customer has reassured the horeca business that he has done so. The horeca business is also entitled, when applicable, to a commitment on the disputed items in addition to a right of retention.
13.7 If a method of payment other than cash has been agreed upon, the customer is required to pay all invoices to the horeca business within fourteen days after the invoice date, regardless of the amount. A credit limitation surcharge of 2% of the invoice amount may be added to any invoice if the horeca business sends one. This surcharge expires if the consumer pays the invoice within 14 days.
13.8 If and insofar as timely payment is not made, the customer is in default without any notice of default being required.
13.9 If the client is in debt, he is responsible for covering all judicial and extrajudicial collection costs incurred by the horeca business. The costs of extrajudicial reclamation are established at a minimum of 15% of the total amount outstanding, with a minimum of €100, plus any applicable VAT.
13.10 The consumer also owes interest that is 2% more than the statutory interest rate if he is in default. When determining the amount of interest due, a partial month is treated the same as a full month.
13.11 If the horeca business has goods as referred to in Article 13.6 in its possession, and the customer from whom the horeca business has received the goods is in default for a period of three months, the horeca business is entitled to sell these goods publicly or privately and rely on the proceeds to tell about it. The costs associated with the sale are also borne by the customer. What remains after the story of the catering company is paid out to the customer.
13.12 Regardless of any note or comment made by the customer with that payment, each down payment will be deemed to be used to reduce the customer’s debt to the Catering Establishment in the following order:
– the costs of execution
– the judicial and extrajudicial collection costs
– the interest
– the damage
– the principal.
13.13 The price is paid in euros. The market rate in effect at the time of payment will be used if the horeca business allows foreign payment methods. A maximum of 10% of the amount offered in foreign currency may be charged by the horeca business as administration fees. The horeca business may achieve this by making a maximum 10% adjustment to the current market pricing.
13.14 The horeca business is never required to accept other forms of payment and has the right to impose restrictions on doing so.
Article 14 – Force of the majority
14.1 Any foreseeable or unforeseeable event that makes the horeca business performance of the horeca agreement so difficult that it becomes impossible or difficult for the horeca business to perform the horeca agreement is considered a force majeure for the horeca business, meaning that any shortcomings resulting from it cannot be attributed to the horeca business.
14.2 As well as everything that previously applied as force majeure, suspensive, or resolutive conditions, as well as breach of contract, these circumstances also include situations involving people, services, or institutions that the horeca business wishes to use in carrying out the horeca agreement.
14.3 If one of the parties to a horeca agreement is unable to fulfill any obligation under that horeca agreement, it is obliged to inform the other party of this as soon as possible.
Article 15 – Lost and found
15.1 Any lost or forgotten items in the building and its auxiliary equipment that are found by the customer must be promptly brought back to the horeca business.
15.2 The horeca business acquires ownership of objects of which the entitled party has not reported to the horeca business within six months of their return.
15.3 The cost and risk of the horeca business sending any items the customer leaves behind are totally on the customer. Never is the horeca business obligated to send.
Article 16 – Corkage and kitchen fees
16.1 The customer is responsible for paying corkage for each bottle consumed if they consume beverages on the property of a horeca business that has not been supplied by them.
16.2 The customer owes money to the kitchen if they consume food on the property of a horeca business that was not supplied by that horeca business.
16.3 The amounts referred to in Articles 16.1 and 16.2 are agreed in advance or, in the absence of prior agreement, reasonably determined by the horeca business.
Article 17 – Applicable law and disputes
17.1 Dutch law applies to horeca agreements.
17.2 Unless another court is competent in accordance with a mandatory statutory provision, the court where the horeca business resides will have exclusive jurisdiction over disputes between the establishment and customers (who are not natural persons acting in the course of their trade or business). This does not affect the business’ right to request that the dispute be resolved by the court that would be competent in the establishment’s place of business.
17.3 The disputes for which the disputes committee has been constituted shall be settled in accordance with the rules drafted in this respect, if and when a disputes committee has been established under the auspices of the “Dutch Horeca Gilde” and any other organizations concerned.
17.4 All claims of the customer become time-barred after one year from the moment they arose.
17.5 All other clauses in these general terms and conditions remain valid even if one or more of them are found to be invalid. If any provision of these General Terms and Conditions is found to be invalid for any reason, the parties are understood to have agreed on a valid replacement provision that comes as close as feasible in scope and application to the invalid provision.