Jorplace Delft

General Conditions

Uniform Conditions of Jorplace

On all our reservations and offers the Uniform Conditions of Jorplace are the legally binding terms and conditions.

Scope

The Uniform Conditions for Jorplace apply to the making and content of all Agreements, as well as all offers relating to the making of such Agreements, to the exclusion of all other general terms and conditions. If other general terms and conditions besides these are actually in force, the Uniform Conditions of Jorplace shall prevail where any conflict arises. Departure from the Uniform Conditions of Jorplace is only possible if set down in writing and on a case by case basis. The Uniform Conditons of Jorplace cover all natural persons and legal entities which Jorplace uses or has used in concluding and/or carrying out a Agreement or a different agreement or in running of Jorplace. The Uniform Conditions of Jorplace are applicable to all Agreements, the latest valid version of the Uniform Conditions of Jorplace are considered to apply to all subsequent Agreements between the same parties, unless agreed otherwise in writing.

The Making of Agreements

Jorplace can at any time and for any reason refuse to enter into a Agreement, except where such a refusal is based purely on one or more of the grounds specified in Clause 429 of the Criminal Code (discrimination). All offers presented by Jorplace in connection with the making of a Agreement are without obligation and conditional “on the supply (or capacity) being adequate”. If Jorplace invokes the said restriction within a period which can be considered reasonable in the circumstances following the Customer’s acceptance of the offer then the intended Agreement shall be considered not to be made. If Jorplace has granted the Customer (option holder) a right of first refusal, this right cannot be revoked, except if and insofar as another potential Customer makes an offer to Jorplace to enter into an Agreement concerning all or part of the Services due in the option. In that case the option holder must be informed of this offer by Jorplace, whereupon the option holder must state whether or not he wishes to take up the right of first refusal. If the option holder does not give notice that he wishes to take up the right of first refusal then this right shall lapse. A right of first refusal can only be granted in writing.

General obligations

Under the terms of the Catering Agreement, Jorplace is, without prejudice to the stipulations in the following clauses, bound to provide the agreed Services at the agreed times in the manner customary in a hostel. The obligation mentioned above does not apply:

A

n the event of force majeure on the side of Jorplace as defined in the Uniform Conditions of Jorplace;

B

if the Guest fails to arrive or arrives more than half an hour late;

C

if the Customer’s payment of the guarantee deposit/interim payment referred to in the Uniform Conditions of Jorplace is not made in good time;

D

if the Customer fails to provide a Turnover Guarantee in good time, despite a request to do so;

E

if the Customer in any other way fails to fulfil all his obligations towards Jorplace in whatever respect Jorplace is not obliged to accept and/or take into safe keeping any property of the Guest. Jorplace is never obliged to admit any domestic animal belonging to the Guest and may attach conditions to such admission.

Specific obligations and conditions

In Jorplace has hung or affixed and deposited the house rules in a clearly visible place for the information of its Guest, upon request the house rules are handed over in writing to the Guest. The Guest is obliged to observe the house rules.
Jorplace is entitled to terminate the provision of Services to a Guest at any time without prior notice if the Guest repeatedly breaks the house rules, or otherwise behaves in such a way that the order and peace and quiet in or around Jorplace and/or the normal running of the place may be or is disturbed. In that case the Guest must leave the hostel at the first request. Jorplace may only exercise this right if the nature and seriousness of the breaches of the house rules by the guest give sufficient cause, in the reasonable opinion of Jorplace. Jorplace is entitled to ask the Guest to accept accommodation that differs from what is described in the Agreement, except if such a request is clearly unreasonable and must be considered obviously too inconvenient for the Guest. In the latter case, the Guest/Customer has the right to cancel the Agreement to which the aforementioned request of Jorplace applies, with immediate effect, without prejudice to his obligations based on other Agreements. If Jorplace saves money in the above circumstances by providing accommodation that differs from what is described in the Agreement, the Guest and/or Customer is entitled to the amount that is saved. Beyond that Jorplace shall never be obliged to pay any compensation.

Cancelations in general

The Customer is not entitled to cancel an Agreement, unless he at the same time makes a binding offer to pay the amounts fixed below. Every Cancellation is considered to include such an offer. Such an offer is considered to be accepted if Jorplace does not reject the offer forthwith. Cancellation should take place in writing and be dated. The Customer cannot derive any rights from a verbal Cancellation. In the event of No-show, the Customer is in all cases required to pay the full Reservation Value.

In the event that not all the agreed Services are cancelled, the conditions below apply pro rata to the Services that are cancelled.

Cancellations of Groups

If a reservation is made, either with or without breakfast, for a Group then the following applies to the Cancellation of this reservation.

Cancellations of Individuals

Cancellation by Jorplace

Jorplace is at all times entitled to cancel an Agreement, without being obliged to pay the aforementioned amounts, if there are sufficient indications that the gathering to be held in Jorplace on the grounds of the Agreement is of such a different character from what might have been expected on the grounds of the Customer’s statement or on the grounds of the capacity of the Customer or Guests, that Jorplace would not have concluded the agreement, if it had been aware of the actual nature of the gathering. If Jorplace exercises this right after the gathering in question has started, the Customer shall be obliged to pay for the Services provided up to that point in time, but the Customer’s obligation to pay for the rest shall cease to apply. In such an event, the payment for the Services provided shall be calculated in proportion to the time the gathering was due to last. Instead of exercising its right referred to above Jorplace is entitled to set additional requirements for the course of the gathering in question. If there are sufficient indications that these requirements are not being (or will not be) fulfilled, Jorplace shall still be entitled to exercise the right referred to above.

Guarantee deposit and interim payment

A reservation will become only become guaranteed after Jorplace has received a deposit from the Customer of 100% of the Reservation Value at least 24 hours or more before the reserved time. If no deposit is received 24 hours before the reserved time, Jorplace is free to offer the reserved Services to third parties.

Jorplace can at any time require the Customer to deposit or arrange to have deposited with Jorplace a guarantee deposit amounting at most to the Reservation Value less any interim payments already made. Guarantee deposits received shall be subject to proper accounting procedures, shall serve exclusively as security for Jorplace and definitely do not count as already realised turnover. Jorplace can in each case ask for an interim payment for Services already provided. Jorplace may recover all sums owed by the Customer on any account out of the amount deposited in accordance with the previous clauses. The balance must be repaid to the Customer by Jorplace immediately.

Liability

Jorplace is never liable for any damage whatsoever suffered by the Customer, the Guest and/or third parties unless the damage is caused intentionally or Jorplace is grossly at fault. This liability exclusion also applies in particular to damage resulting from consuming foods prepared or served by Jorplace, and to damage resulting from computer-related problems.
Jorplace is never liable for damage caused directly or indirectly to any persons or property as a direct or indirect result of any defect or any feature or circumstance on or in any moveable or immoveable property which Jorplace is looking after, holding on a long or short lease, hiring or which it owns or which is in any other way at the disposal of Jorplace, except if and insofar as the damage is caused intentionally or Jorplace is grossly at fault.
The Customer and the Guest and anyone accompanying them are severally liable for all damage which has occurred and/or may occur to Jorplace and/or to any third party as a direct or indirect result of any non-fulfillment of obligations (culpable deficiency) and/or wrongful action, including breaking the house rules, committed by the Customer and/or the Guest and/or anyone accompanying them, as well as for all damage caused by any animal and/or any substance and/or any article which is in their possession or which is under their supervision.

Settlement of accounts and payment

All accounts, including accounts relating to Cancellation or No-show, are due for payment by the Customer and/or Guest at the time they are presented to him. The Customer is responsible for paying in cash unless otherwise agreed in writing or unless agreed otherwise
If payment otherwise than in cash is agreed, all invoices for any amount must be paid by the Customer to Jorplace within fourteen days of the invoice date. If an invoice is sent out, Jorplace is at all times entitled to add an extra 2% to the invoice to cover the restriction of its credit, which is removed if the Customer pays the invoice within fourteen days. Payment shall take place in Dutch currency(Euros).
If Jorplace accepts, by exception, foreign instruments of payment then the market exchange rate in force at the time of payment shall apply. Jorplace may charge administration costs amounting to a maximum of 10% of the amount offered in foreign currency. Jorplace can effectuate this by adjusting the market exchange rate then in force by a maximum of 10%. Jorplace is never obliged to accept cheques, credit card, payment cards and other such instruments of payment and may attach conditions to the acceptance of such instruments of payment. The same applies to other instruments of payment not referred to here.

Applicable law and disputes

The Uniform Conditions of Jorplace are an extract of and based on the Uniform Conditions for the Hotel and Catering Industry (UVH), the terms and conditions on which catering establishments set up in the Netherlands, such as hotels, restaurants, bars and related businesses (including catering firms, party service firms, etc.), provide catering services and enter into catering agreements.
In any dispute the full Uniform Conditions for the Hotel and Catering Industry (UVH) will apply.
The UVH are registered with the District Court and the Chamber of Commerce and Industry in The Hague.
All Agreements shall be governed exclusively by the laws of the Netherlands.
Any dispute shall be exclusively subject to the jurisdiction of the court of The Hague, the domicile of Jorplace.
Upon request Uniform Conditions of Jorplace will be made available after reservations, at all times will our Uniform Conditions be available on our website, www.jorplace.nl

Cancelation

Cancelation only by e-mail at info@jorplace.nl