General terms and conditions of delivery Hotel Mastbosch Breda
General Terms and Conditions of the private company with limited liability MB Ulvenhout B.V. h.o.d.n. Hotel Mastbosch Breda and Grand Café Heeren van Oranje, with its registered office and place of business in Ulvenhout.
Article 1 Applicability of these terms and conditions
These General Terms and Conditions shall apply to all offers, agreements and the formation of agreements of the private limited liability company MB Ulvenhout B.V., as well as its affiliated companies and enterprises, subsidiaries and companies, however named, all hereinafter referred to as MB Ulvenhout.
Offers, agreements or conclusion of agreements that deviate from these General Terms and Conditions shall only be valid if expressly agreed upon in writing with MB Ulvenhout. In such cases, the deviation shall only apply to the offer, agreement or conclusion of the agreement in question.
Unless communicated to MB Ulvenhout in advance, expressly and in writing, the guest, customer or any other (legal) person agrees to these Terms and Conditions.
Article 2 Definitions
In these General Terms and Conditions as well as to all offers, agreements or formation of agreements to which these General Terms and Conditions apply, the following definitions shall apply:
2.1. MB Ulvenhout: alle vestigingen van de besloten vennootschap met beperkte aansprakelijkheid MB Ulvenhout B.V. h.o.d.n. Hotel Mastbosch Breda en Grand Cafe Heeren van Oranje, zowel in als buiten Nederland alsmede alle aan MB Ulvenhout B.V. gelieerde bedrijven en ondernemingen, dochterbedrijven en -ondernemingen, hoe ook genaamd.
2.2. Host: That person who represents MB Ulvenhout in the conclusion and execution of agreements pertaining to the provision of accommodation and/or the provision of room space, whether or not in combination with the provision of food and/or beverages.
2.3. Services: The provision, in the broadest sense of the word, by MB Ulvenhout of accommodation and/or the provision of (room) space and/or food and/or beverages with all related activities and/or services.
2.4. Customer: That natural or legal person who has concluded an agreement with MB Ulvenhout for the provision of services as referred to above under 2.3. Customer is also understood to mean the intermediary who, whether or not in the name of his/her relations, has concluded an agreement for the provision of services as referred to above under 2.3. has entered into.
2.5. Guest: The person(s) to whom MB Ulvenhout must provide the services as described above under 2.3 pursuant to an agreement entered into with a customer. 2.3. Where these terms and conditions refer to guest, this shall also include the person(s) accompanying the guest. Unless specifically stated otherwise, in these terms and conditions, guest or customer means both guest and customer.
2.6. Hotel Agreement: The agreement entered into between MB Ulvenhout and the customer whereby MB Ulvenhout, in return for payment by the customer or guest, performs for the benefit of such customer and/or guest(s) the services as above under 2.3. described. Where these terms and conditions refer to hotel agreement, they shall also mean any other agreement to which these terms and conditions have been declared applicable.
2.7. Reservation: The agreement entered into in written form by the customer and MB Ulvenhout in which it is stipulated between the customer and MB Ulvenhout during which period and on what terms and conditions the aforementioned under 2.6. said hotel agreement will be effected.
2.8. Group or group reservation: A hotel-rooms agreement entered into with a customer and covering rooms and 10 or more rooms.
2.9. Reservation Value: The value of the agreement as above under 2.7 or 2.8. intended.
Article 3 Establishment of the hotel agreement
3.1. MB Ulvenhout reserves all rights, at any time, to waive any hotel agreement.
3.2. MB Ulvenhout will never refuse a hotel agreement for reasons of discrimination, including, but not limited to, the following
mentioned in Article 429 quater of the Penal Code.
All offers for the formation of a hotel agreement of MB Ulvenhout are non-binding and in each case are valid only to the extent of sufficient capacity.
If the customer has accepted an offer and MB Ulvenhout’s capacity turns out to be insufficient, MB Ulvenhout shall still be entitled, within a reasonable period of time, to invoke the provision as stated above under 3.3. described. In that case, no hotel agreement shall be deemed to have been established.
Any hotel agreement entered into by a customer, including therefore intermediaries, shall be deemed to have been entered into also for the account and risk of such customer. Any payment by a guest will release the customer to the same extent.
Unless expressly agreed in writing, MB Ulvenhout does not owe a customer any commission, commission, by whatever name.
Notwithstanding anything else provided in these Terms and Conditions, MB Ulvenhout may, if there is a group as mentioned above under 2.8. defined, provide a customer (the option holder) with an option right. Such an option right can only be granted in writing. If an offer for a hotel agreement is also made to MB Ulvenhout by another customer, MB Ulvenhout will inform the option holder. The option right shall lapse if the option holder has not notified MB Ulvenhout within the period specified by MB Ulvenhout that it wishes to exercise the option right.
Article 4 obligations of MB Ulvenhout
4.1. MB Ulvenhout shall provide the guest with the agreed accommodation during the agreed period and/or provide the agreed services in accordance with the quality standards applicable within MB Ulvenhout.
4.2. The provision as above under 4.1. described is not applicable:
in case of force majeure as defined below in Article 16.
If the guest fails to appear or appears more than half an hour late
if the deposit or interim payment referred to in article 12 is not paid or not paid in time by the customer
if the customer fails to meet or fully meet its obligations to MB Ulvenhout for any reason whatsoever
4.3. Unless otherwise agreed, in writing, MB Ulvenhout will make the accommodation available to the guest from 2 p.m. on the day of arrival until 11 a.m. on the day of departure.
4.4. Unless inequitable, MB Ulvenhout is entitled to offer the guest different hotel accommodations than would be made available according to the hotel agreement. In case this is inconvenient for the guest, the guest or customer has the right to terminate the hotel agreement with immediate effect. In case the hotel accommodation offered and accepted by the customer or guest is cheaper than the original accommodation, MB Ulvenhout will provide the amount of the savings to the guest or customer. Under no circumstances will MB Ulvenhout be liable for any further compensation.
4.5. MB Ulvenhout cannot be held to take delivery and/or custody of any property of a guest. In case MB Ulvenhout takes any good or any amount into receipt and/or custody then MB Ulvenhout is entitled to charge a monetary fee for this. In that case, MB Ulvenhout will keep things as a good housekeeper. Article 13 shall apply without prejudice.
Article 5 house rules
5.1. In order to maintain order and peace within MB Ulvenhout and to ensure a good quality of service to all guests, MB Ulvenhout has so-called house rules. These house rules will be located in a place clearly visible to guests or will be provided to guests in writing.
5.2. MB Ulvenhout is entitled, without notice, to terminate the hotel agreement with a guest if a guest or those accompanying the guest repeatedly violate the house rules or behave in such a way that the order, peace or normal operation of MB Ulvenhout is or may be disturbed as a result. Upon first request, the guest and those accompanying the guest must leave the hotel. MB Ulvenhout is not required to justify its request.
5.3. MB Ulvenhout is entitled to discontinue or omit the provision of catering services if the guest or those accompanying the guest do not behave in accordance with the standards customary within MB Ulvenhout’s restaurants. In that case, the guest and those accompanying the guest must leave the restaurant upon first request. Among other things, MB Ulvenhout may impose requirements regarding the guest’s appearance.
5.4. MB Ulvenhout allows pets within its hotel, additional charges will apply
unless staying in hotel rooms.
5.5. MB Ulvenhout is entitled to terminate any agreement due to (fear of) disturbance of public order. Dissolution takes place after consultation with the local authority. MB Ulvenhout is not
obliged to pay any damages.
Article 6 reservations
A reservation is not final until the reservation is confirmed in writing by the customer
Without prejudice to the provisions of Article 3, MB Ulvenhout is entitled to cancel a reservation if a guest has not reported on the first reserved day by 6 p.m. This provision does not apply if a payment guarantee is issued by the customer for the reserved period.
If arrival and/or departure dates are changed, the original, final reservation will expire and a new, final reservation will be made by mutual agreement.
Multiplication of the originally final reserved number of rooms can only be done in consultation with MB Ulvenhout. In no way is MB Ulvenhout responsible for multiplication, without consultation, of the originally final reserved number of rooms.
Article 7 Group reservations
7.1. From ten rooms, a reservation falls under group reservations. The provisions regarding group reservations apply without prejudice to the other provisions of these terms and conditions.
A customer can make a so-called optional reservation for a group reservation. An optional reservation is not established until it is confirmed in writing. Notwithstanding the provisions of 3.5. optional reservations may be held up to a maximum of 6 weeks prior to the arrival date. Unless expressly agreed upon in writing, an optional reservation hereafter will automatically expire.
A final reservation is not established until it has been received by MB Ulvenhout in writing or by e-
mail has been confirmed and this confirmation from the customer, signed, returned or an approval email has been received. If arrival and/or departure dates change, the original final reservation will be cancelled and a new final reservation will be made by mutual agreement.
For a group reservation, a customer may reduce 25% of the original final reservation number of rooms free of charge up to seven days before the arrival date. If the group reservation is reduced to less than ten rooms then it is no longer a group reservation.
Multiplication of the originally final reserved number of rooms can only be done in consultation with MB Ulvenhout. In no way is MB Ulvenhout responsible for multiplication, without consultation, of the originally final reserved number of rooms.
In case of cancellation from one month to 7 days before the arrival date, the customer is required to pay 50% of the reservation value to MB Ulvenhout. In case of cancellation less than seven days before the arrival date, the customer shall be required to reimburse 100% of the reservation value to MB Ulvenhout.
With regard to group reservations, the customer shall ensure that at least five days before the arrival date MB Ulvenhout is in possession of the list of names of the guests.
The customer will pay 100% of the reservation value to the bank account specified by MB Ulvenhout no later than seven days prior to the arrival date. If the customer fails to do so, MB Ulvenhout will automatically consider the final reservation cancelled. This cancellation will be considered a cancellation by the customer. In this case, the customer is obliged to pay the full reservation value.
Article 8 cancellation
8.1. The provisions of this article apply without prejudice to the other provisions of these terms and conditions. The provisions of this article do not affect the liability of the customer and/or third parties under common law.
8.2. A hotel agreement is irrevocable and cannot be cancelled unless the customer simultaneously irrevocably offers to pay the amounts specified below and this offer is promptly accepted by MB Ulvenhout.
8.3. Cancellation must be in writing and dated. A customer cannot derive any rights from a verbal cancellation.
8.4. Subject to the provisions regarding group reservations (see above under Article 7), unless otherwise agreed in writing, a reservation may be cancelled free of charge up to 12:00 noon on the day prior to the reservation date.
Article 9 deposit
9.1. MB Ulvenhout may require a customer to pay, by way of security, a deposit. This deposit may cover both services already performed and those yet to be performed.
9.2. This deposit will never exceed the amount stated in the hotel agreement.
9.3. MB Ulvenhout shall be entitled to offset this deposit(s) against all debts owed to MB Ulvenhout by the customer under these terms and conditions or on any grounds whatsoever.
Article 10 liability of MB Ulvenhout
10.1. Unless there is intent or gross negligence on the part of MB Ulvenhout, MB Ulvenhout does not accept any liability in any form whatsoever.
10.2. Unless there is intent or gross negligence on the part of MB Ulvenhout, MB Ulvenhout accepts no liability for damage caused to or with vehicles of the guest.
10.3. Unless there has been intent or gross negligence on the part of MB Ulvenhout, MB Ulvenhout accepts no liability for any damages incurred directly or indirectly to anyone or anything as a direct or indirect result of any defect or whatever occurring to, in or on any movable or immovable property of which MB Ulvenhout is the owner, leaseholder or tenant or which are otherwise at the disposal of MB Ulvenhout.
10.4. Any liability of MB Ulvenhout shall never exceed the value of the hotel agreement or the compensation for damages as covered by the insurance company of MB Ulvenhout or the damages as compensated to MB Ulvenhout by any other third party.
10.5. Without prejudice to the provisions of Article 4.5. and unless there is intent or gross negligence on the part of MB Ulvenhout, MB Ulvenhout is not liable for damage or loss of guest property. The customer indemnifies MB Ulvenhout against claims from guests in this regard.
10.6. With due observance of the provisions of these terms and conditions, MB Ulvenhout shall be liable to compensate the guest for any damage to or loss of goods that are handed over for safekeeping and for which the guest is charged a fee. Compensation shall not extend to any other goods present in the issued goods.
10.7. With respect to goods received by MB Ulvenhout or which are deposited, handed over for safekeeping or left behind in any way and by whomever, without MB Ulvenhout having stipulated compensation for this, MB Ulvenhout shall never be liable for damage to or in connection with goods caused in any way whatsoever.
10.8. MB Ulvenhout shall be fully indemnified by the customer in respect of any claim, or however called,
which a guest and/or any third party asserts or may assert against MB Ulvenhout in connection with the claims, in the broadest sense of the word, of the hotel agreement entered into with the customer or any other agreement. This indemnification obligation also applies with respect to the hotel contract if, for whatever reason, it is dissolved in whole or in part.
Article 11 liability of guest and/or customer
11.1. The customer and/or guest and those accompanying the customer and/or guest are jointly and severally liable for all damages that have been and/or will be incurred by MB Ulvenhout and/or any third party as a direct or indirect result of the default and/or wrongful act committed by such customer and/or guest and those accompanying the customer and/or guest.
11.2. This liability also applies with respect to the violation of the house rules committed by the customer and/or guest and those accompanying the customer and/or guest.
11.3. This liability also applies with respect to damage caused by any animal and/or any substance and/or any item of which the customer and/or the guest and those accompanying the customer and/or the guest are holders or under their supervision.
Article 12 Prices and payment
12.1. MB Ulvenhout has a price list. At the first request of the customer or guest, MB Ulvenhout will provide this overview to the customer or guest. An overview in brochure format is furthermore on the desk, and further, a price list is available in each room.
12.2. The customer owes MB Ulvenhout the amounts specified in the hotel agreement. MB Ulvenhout may charge an additional fee to the customer and/or guest for special services such as use of garage, telephone, safe et cetera.
12.3. All bills, including those relating to cancellation or no-show shall be paid by the customer and/or guest in cash or, if expressly agreed, within 14 days of the invoice date. The designated place of payment shall be the relevant branch of MB Ulvenhout to which the invoice relates.
12.4. The customer and the guest are jointly and severally liable for all claims MB Ulvenhout has and/or will have against either or both of them on any account. Neither the customer nor the guest can claim any privilege of extraction.
12.5. The customer shall be deemed to enter into the hotel agreement or any other agreement also on behalf of each guest. By appearing, the guest indicates that the client was authorized to represent him in this regard.
12.6. MB Ulvenhout has a right of retention and, if applicable, a right of pledge on all goods brought into the hotel by the guest and/or customer as long as the guest and/or customer has not fulfilled its obligations to MB Ulvenhout in full.
12.7. If payment is not made, the customer and/or guest shall be in default by operation of law. In such case, the customer and/or guest shall be liable to pay default interest without notice of default. This default interest shall be the legal interest rate plus 2% on the amount due from the invoice date. A portion of a month counts as a whole month for this purpose.
12.8. The customer and/or guest shall also owe all additional extrajudicial and pre-procedural costs as well as all judicial costs in the event of late payment. The extrajudicial and pre-procedural costs shall amount to at least 15% of the principal sum due with a minimum of €100, plus the VAT payable thereon.
12.9. Payments shall be deducted first from the enforcement costs due, then from the judicial and extrajudicial and pre-procedural costs, interest, damages and then from the principal sum.
12.10. Payment shall be made in Dutch currency. If MB Ulvenhout accepts payment in foreign currency, the market rate in effect at that time shall apply. In the event of payment in foreign currency, MB Ulvenhout is entitled to charge a maximum of 10% of the amount in foreign currency as an administration fee.
12.11. MB Ulvenhout has the right to refuse checks, giro payment cards and other similar means of payment, or to attach certain conditions to their acceptance.
Article 13 force majeure
13.1. Force majeure includes illness among personnel, war, danger of war, riot, strike or occupation, water damage, acts of war, fire, flood, government measures.
13.2. In the event of force majeure, MB Ulvenhout may either cancel or suspend the agreement. In that case, there is no obligation on the part of MB Ulvenhout to compensate for any damages.
13.3. The foregoing provisions shall also apply if the force majeure occurs to persons and/or services and/or institutions that MB Ulvenhout uses in executing the hotel agreement or any other agreement. This also includes what occurs with the aforementioned persons and/or services and/or institutions as a suspensive or resolutive condition or the default of the aforementioned persons and/or services and/or institutions. MB Ulvenhout is not required to demonstrate its impact on its business.
Article 14 found objects
14.1. The guest is required to return any items found lost or left behind in the hotel to MB Ulvenhout as soon as possible.
14.2. MB Ulvenhout acquires ownership of objects whose rightful owner has not reported to MB Ulvenhout within one year of their submission.
14.3. Transmission of lost items is at the guest’s expense and risk. MB Ulvenhout can never be obliged to send.
Article 15 applicable law and disputes
15.1. All agreements, however named, shall be governed by Dutch law.
15.2. Subject to the following 15.3. certain, all disputes arising from an agreement to which these terms and conditions apply in whole or in part shall be settled by the District Court of Breda, unless MB Ulvenhout prefers the court of the principal’s domicile.
15.3. In case of a dispute which, according to the rules of Dutch procedural law, belongs to the absolute competence of the district court, subdistrict sector, this dispute shall be settled exclusively by the competent district court, subdistrict sector.
15.4. Any invalidity of one or more provisions in the terms and conditions shall not affect the validity of the remaining provisions. Should any provision, for whatever reason, prove to be invalid, MB Ulvenhout and the customer and/or guest shall be deemed to have agreed on a valid provision that approximates the invalid provision as closely as possible in scope and purport.