General Terms and Conditions of Fletcher Hotels
Please read our General Terms and Conditions carefully for a carefree stay. We operate various hotels, restaurants, event venues, and wellness resorts. These General Terms and Conditions apply to all our (hospitality) agreements and are valid for all our current and future hotels, event venues, and wellness resorts. If you have any questions, please let us know. We would like to thank you in advance for your stay at one of our locations.
Reader’s Guide: Our General Terms and Conditions consist of nine chapters. Chapter A applies to all (hospitality) agreements, unless otherwise provided in Chapters B through I. Chapters B through I apply to specific situations and may apply alongside each other if (hospitality) agreements have been concluded for two or more different (hospitality) services.
The following terms in these General Terms and Conditions shall have the meanings assigned to them below:
1.1
Cancellation
A written notification by the Customer to Fletcher Hotels stating that one or more agreed (hospitality) services will not be used, in whole or in part, or a written notification by Fletcher Hotels to the Customer stating that one or more agreed (hospitality) services will not be provided, in whole or in part.
1.2
Package
A package of services put together by Fletcher Hotels, such as a combination of overnight stay(s), meals, and/or activities.
1.3
Event
An event organized by Fletcher Hotels and held in or near one of the Fletcher Hotels.
1.4
Fletcher Hotels / BLUE
The private limited liability company Fletcher Hotels Exploitatie B.V., located at Buizerdlaan 2, 3435 SB Nieuwegein, registered in the Trade Register of the Chamber of Commerce under number 30194735, e-mail:
gastensupport@fletcher.nl
, telephone: +31 (0) 347 750430.
1.5
Guest
The natural person(s) to whom Fletcher Hotels provides one or more (hospitality) services under a (hospitality) agreement concluded with the Customer.
1.6
Group
A group of ten (10) or more Guests to whom Fletcher Hotels provides (hospitality) services under one or more (hospitality) agreements considered related, or a booking for seven (7) or more rooms.
1.7
(Hospitality) Service(s)
The provision by Fletcher Hotels of services in the field of accommodation and/or food and/or beverages and/or the availability of wellness facilities, function rooms and/or grounds, and/or granting access to Events, all including associated work and services, in the broadest sense of the word.
1.8
(Hospitality) Establishment
One of the Fletcher Hotels locations.
1.9
(Hospitality) Agreement/Reservation
An agreement between Fletcher Hotels and a Customer regarding one or more (hospitality) services to be provided by Fletcher Hotels in return for a price to be paid by the Customer. Instead of the term (hospitality) agreement, the term reservation is sometimes used.
1.10
Individual
Any person, being either a Guest or a Customer, who does not belong to a Group as defined in Article 1.6.
1.11
Commencement Date
The moment at which, under the (hospitality) agreement, the provision of the (hospitality) service(s) commences.
1.12
Customer
The natural or legal person who has concluded a (hospitality) agreement with Fletcher Hotels or intends (or may intend) to do so.
1.13
Corkage and Food Charges
The fee owed for consuming food and/or beverages not provided by Fletcher Hotels on the premises of Fletcher Hotels.
1.14
No-show
The failure by a Customer, without Cancellation, to make use of one or more (hospitality) services to be provided under a (hospitality) agreement.
1.15
Turnover Guarantee
A written declaration by the Customer that Fletcher Hotels will realize at least a certain amount of turnover under one or more (hospitality) agreements.
1.16
Consumer
A Customer who is not acting in the course of a profession or business.
1.17
Reservation Value
The value of the (hospitality) agreement, equal to the total expected turnover of Fletcher Hotels including any tourist tax and VAT, based on the quotation and subsequent written agreements, or, in the absence thereof, the averages applicable within Fletcher Hotels.
1.18
Written
In the Fletcher Hotels General Terms and Conditions, “written” also includes: by e-mail or digital contact form, provided the sender is certain that the other party has received the message.
1.19
Business Customer
A Customer acting in the course of a profession or business.
2.1
The Fletcher Hotels General Terms and Conditions apply exclusively, to the exclusion of all other general terms and conditions, to the formation and the content of all (hospitality) agreements to be concluded by Fletcher Hotels, as well as to all offers relating to the formation of such (hospitality) agreements. Should other general terms and conditions nevertheless apply, the Fletcher Hotels General Terms and Conditions shall prevail in the event of any conflict.
2.2
Deviations from the Fletcher Hotels General Terms and Conditions are only possible in writing and on a per (hospitality) agreement basis. No rights may be derived from such deviations for subsequent (hospitality) agreements with Fletcher Hotels.
2.3
The Fletcher Hotels General Terms and Conditions also apply to all natural and legal persons engaged or previously engaged by Fletcher Hotels in the conclusion and/or execution of a (hospitality) agreement and/or another agreement, or in the operation of its business.
2.4
De Klant en/of Gast die gebruik maakt van de diensten van Fletcher Hotels accepteert dat de Fletcher Hotels Algemene Voorwaarden prevaleren boven de (algemene) voorwaarden die door een eventuele bemiddelaar – waaronder een (online) verkoopwebsite – van toepassing zijn verklaard.
3.1
Fletcher Hotels offers the Customer various possibilities to make a reservation (to conclude a (hospitality) agreement), including via www.fletcher.nl and the websites of the (hospitality) establishments, by telephone, by e-mail, or through an external party’s website. The reservation is only final after the Customer has received a confirmation by e-mail from Fletcher Hotels. The Customer is responsible for correctly and fully completing or providing all information requested during the reservation process.
3.2
Fletcher Hotels may refuse to conclude a (hospitality) agreement at any time and for any reason, unless such refusal is based solely on one or more grounds designated as discrimination under Article 137c of the Dutch Penal Code.
3.3
All offers made by Fletcher Hotels relating to the conclusion of a (hospitality) agreement are without obligation. Offers are always made subject to availability. If Fletcher Hotels invokes this reservation within a reasonable period after acceptance by the Customer, the intended (hospitality) agreement shall be deemed not to have been concluded.
3.4
If an obvious error in price or other information has been made in an offer for a (hospitality) service due to a mistake or typographical error – for example, where a hotel room or a package is offered at a rate that is substantially and demonstrably lower than usual – Fletcher Hotels has the right to cancel the (hospitality) agreement once the error is discovered. The Customer will be informed as soon as possible, and any payment already received will be refunded as soon as possible. If the Customer wishes to maintain the (hospitality) agreement, Fletcher Hotels has the right to charge the correct rate.
3.5
A (hospitality) agreement for a Customer and/or Guest(s) entered into by intermediaries (including shipping agents, (online) travel agencies or agents, external websites, and other hospitality companies, etc.), whether or not in the name of their client(s), shall be deemed to have been concluded also at the expense and risk of such intermediaries. Fletcher Hotels owes no commission or fee of any kind to intermediaries, unless expressly agreed otherwise in writing. The Customer and/or Guest and the intermediary(ies) are jointly and severally liable for payment of the amount due.
4.1
Without prejudice to the provisions of the following articles, Fletcher Hotels is obliged under the (hospitality) agreement to provide the agreed (hospitality) services at the agreed times, in the manner customary at the relevant (hospitality) establishment.
4.2
In addition to these Fletcher Hotels General Terms and Conditions, Fletcher Hotels may declare additional behavioral and/or house rules applicable by clearly communicating them to the Customer and/or Guest.
4.3
If the Customer and/or Guest fails, in whole or in part, to comply with any of their obligations towards Fletcher Hotels, Fletcher Hotels shall be entitled to suspend the provision of services.
4.4
Fletcher Hotels may, at any time and with immediate effect, terminate the provision of (hospitality) services to a Guest or deny access to a (hospitality) establishment if the Guest violates the Fletcher Hotels General Terms and Conditions and/or the house rules, or otherwise behaves in such a manner that order and tranquility in the (hospitality) establishment and/or its normal operation are disturbed. The Guest must then leave the (hospitality) establishment upon first request. In addition, Fletcher Hotels may impose a temporary or permanent ban on the Customer and/or Guest.
4.5
Fletcher Hotels may exercise the powers described in Articles 4.3 and 4.4 only if the nature and seriousness of the violations committed by the Customer and/or Guest reasonably justify doing so. In such cases, the Customer and/or Guest shall not be entitled to any refund, unless it is subsequently established that Fletcher Hotels wrongly denied access to the Customer and/or Guest.
4.6
After consultation with the competent local authority, Fletcher Hotels shall be entitled to terminate the (hospitality) agreement extrajudicially in the event of a well-founded fear of disturbance of public order. If Fletcher Hotels makes use of this right, it shall not be liable for any compensation to the Customer and/or Guest.
4.7
Fletcher Hotels is not obliged to receive and/or store any property of a Guest. If it nevertheless receives and/or stores property without the Guest paying any fee for this, it is at the Guest’s risk. Fletcher Hotels shall not in that case be responsible and/or liable for damage, loss, or theft, unless caused by intent or gross negligence on the part of Fletcher Hotels. If Fletcher Hotels charges the Guest a fee for receiving and/or storing property, Fletcher Hotels shall take care of such property as a prudent custodian, without prejudice to the other provisions of these Fletcher Hotels General Terms and Conditions.
4.8
Fletcher Hotels is not obliged to admit any pet of the Guest and may attach conditions to admission. For the admission of assistance dogs, the statutory regulations apply, including the exceptions specified therein.
4.9
If circumstances arise that were not and could not reasonably have been known to Fletcher Hotels at the time of entering into the (hospitality) agreement, that could not have been foreseen or prevented, and that make the performance of the (hospitality) agreement by Fletcher Hotels impossible or excessively difficult, Fletcher Hotels shall be entitled to require the Customer and/or Guest to accept alternative accommodation and/or a different location than that originally agreed. The Customer and/or Guest shall not be entitled to compensation in such cases. If Fletcher Hotels charges any additional costs, the Customer and/or Guest may refuse the alternative and immediately terminate the part of the (hospitality) agreement to which the change relates, without prejudice to their obligations under other (hospitality) agreements.
5.1
The Customer is obliged to ensure that at least one of the Guests making use of one or more agreed (hospitality) services has reached the age of 18.
5.2
The Customer and/or Guest is obliged to cooperate with reasonable requests from Fletcher Hotels in the context of its legal obligations regarding, among other things, safety, identification, food safety/hygiene, and the prevention of nuisance.
5.3
The Customer and/or Guest is obliged to behave in accordance with the conduct rules included in the Fletcher Hotels General Terms and Conditions and in accordance with the house rules of Fletcher Hotels and must follow the reasonable directions and instructions of Fletcher Hotels. The house rules of Fletcher Hotels can be found at www.fletcher.nl and on-site. Reasonable directions may be given orally.
5.4
Nuisance caused by (excessive) consumption of alcohol will not be tolerated by Fletcher Hotels and may lead to sanctions as referred to in Articles 4.3 and 4.4. In the event of misconduct, Fletcher Hotels has the right to cease serving alcohol.
5.5
In the event of theft of beverages or other items, in addition to the sales costs, the Customer and/or Guest shall owe a penalty of €150.00 per incident. Theft will be reported to the police.
6.1
The Customer and/or Guest is expressly prohibited from using any room in a (hospitality) establishment for prostitution and other forms of sexual services, human trafficking or any form of exploitation, gambling, and/or the trade in narcotics and/or fur, or for any other criminal activity.
6.2
The Customer and/or Guest is expressly prohibited from bringing weapons and/or narcotics to a Fletcher Hotels location or using weapons and/or narcotics on site. Violation of this prohibition will result in denial of (further) access for the Customer and/or Guest(s) and/or any third parties involved, as well as a report to the police. For the purposes of this article, bringing weapons and/or narcotics to a Fletcher Hotels location shall also include the presence of such items in the luggage of the Customer and/or Guest that, pursuant to the arrangement booked by the Customer, is transported by Fletcher Hotels from one location to one or more other locations.
6.3
Fletcher Hotels shall inform the competent authorities of any violations of the prohibitions described in Articles 6.1 and 6.2 detected by it. Furthermore, Fletcher Hotels shall immediately terminate the (hospitality) agreement. In such cases, the Customer and/or Guest shall have no right to a refund and/or compensation.
6.4
In the event of violation of the prohibitions described in Articles 6.1 and 6.2, the Customer and/or Guest shall owe Fletcher Hotels an immediately payable penalty equal to five times the Reservation Value.
6.5
In addition to the provisions of Article 6.4, the Customer and/or Guest shall be liable towards Fletcher Hotels for all damages, of any kind, suffered by Fletcher Hotels as a result of the prohibited activities, including but not limited to administrative fines, penalty orders, etc. imposed by the authorities.
6.6
Smoking or vaping is not permitted in the premises of Fletcher Hotels. Smoking and/or vaping is permitted on open, unenclosed terraces and/or open, unenclosed balconies.
7.1
Fletcher Hotels is not responsible for storing any items left behind or found. After notification to the Customer and/or Guest of items left behind, the Customer and/or Guest must collect the items within 14 days. Fletcher Hotels is not obliged to send the items. If Fletcher Hotels does send them, this is at the expense and risk of the Customer and/or Guest. Items not collected within 14 days may be disposed of by Fletcher Hotels at the expense of the Customer and/or Guest. For found items whose owner is unknown, statutory regulations apply.
7.2
Items lost or left behind in the (hospitality) establishment and found by a Guest must be handed in to Fletcher Hotels as soon as possible.
8.1
If it has been agreed in the (hospitality) agreement that the Customer will bring their own food and beverages and/or hire an external caterer, Fletcher Hotels will strictly monitor and enforce the HACCP rules (these are rules safeguarding food safety) with regard to such food and beverages.
8.2
If it has been agreed that the Customer is responsible for wholly or partly supplying their own food and/or beverages to be prepared by Fletcher Hotels, the Customer is responsible for ensuring that such food and/or beverages are delivered in good time so that Fletcher Hotels can make all necessary preparations on site in due time. Furthermore, the Customer must ensure that all food and/or beverages comply with the HACCP rules applicable at the time of delivery, failing which Fletcher Hotels has the right to refuse the food and/or beverages.
8.3
Fletcher Hotels accepts no liability for (the quality of) the food and/or beverages referred to in this Article 8: the Customer indemnifies Fletcher Hotels against any and all related claims from third parties.
8.4
The Customer acknowledges that Fletcher Hotels uses kitchens in the preparation of meals where products containing gluten, eggs, fish, peanuts, nuts, soy, milk, lactose, shellfish, mollusks, celery, mustard, sesame seeds, sulphites, and lupin are also processed and stored. Fletcher Hotels accepts no liability in this regard, and the Customer indemnifies Fletcher Hotels against any related claims from third parties.
9.1
Every Customer and/or Guest who participates in an event, makes a reservation, takes a seat at a table in a (hospitality) establishment, or otherwise enters into an agreement with Fletcher Hotels, is in principle obliged to purchase a consumption/(hospitality) service.
9.2
Fletcher Hotels may prohibit the Guest from consuming food and/or beverages brought in personally or delivered by a meal delivery service in the (hospitality) establishment, including the terrace. If Fletcher Hotels permits the consumption of such food and/or beverages, Fletcher Hotels may impose conditions on such permission, including charging corkage and food charges, or regulating the method of delivery by the meal delivery service.
9.3
The corkage and food charges referred to in Article 9.2 shall be agreed upon in advance, or, in the absence of a prior agreement, reasonably determined by Fletcher Hotels.
10.1
The Customer and/or Guest owes the price agreed in the (hospitality) agreement. Prices are specified as much as possible on lists displayed by Fletcher Hotels in a place visible to the Customer and/or Guest, included in a list provided to the Customer and/or Guest (upon request if necessary), or accessible through digital sources. A list shall be deemed visible if it is displayed in the normally accessible areas of Fletcher Hotels.
10.2
For special services such as cloakroom, garage, safe, laundry or dry cleaning, telephone, room service, TV rental, etc., Fletcher Hotels may charge an additional fee disclosed in advance.
10.3
If a Turnover Guarantee has been provided by the Customer in the (hospitality) agreement, the Customer is in all cases obliged to pay Fletcher Hotels at least the amount specified in the Turnover Guarantee. If the (hospitality) agreement is (partially) terminated by a Consumer and qualifies as a contract for services, the Consumer cannot be held to the Turnover Guarantee and is only required to reimburse the actual costs and reasonable compensation.
10.4
All invoices, including those related to Cancellation or No-show, are payable by the Customer at the time they are presented. Payment must be made immediately in cash or by bank transfer, unless otherwise agreed. Fletcher Hotels may at any time require interim payment for (hospitality) services already provided.
10.5
The prices stated in an offer or (hospitality) agreement are based on the cost factors applicable at the time the offer or agreement was made. Fletcher Hotels reserves the right to pass on any increases in one or more cost factors occurring after the conclusion of the (hospitality) agreement but before the Commencement Date. This will be communicated in writing. Additionally, Fletcher Hotels has the right to apply an annual inflation adjustment each January, based on the most recent consumer price index figure (CPI) published by Statistics Netherlands (CBS). This adjustment will also be communicated in writing.
10.6
If the Customer is a Consumer and the price increase referred to in Article 10.5 occurs within three months after conclusion of the (hospitality) agreement, the Customer has the right to terminate (cancel) the agreement free of charge, provided this is done within seven days after Fletcher Hotels has notified the Customer of the price increase.
10.7
The Customer and the Guest are jointly and severally liable for all amounts owed to the hospitality business by either or both of them, on any grounds whatsoever. (Hospitality) agreements are, unless agreed otherwise, deemed to have been entered into also on behalf of each Guest. By appearing, the Guest acknowledges that the Customer was authorized to represent them when concluding the relevant (hospitality) agreement.
10.8
As long as the Customer has not fully complied with all obligations towards Fletcher Hotels, Fletcher Hotels shall be entitled to suspend performance under the (hospitality) agreement and to retain all goods brought into Fletcher Hotels by the Customer until Fletcher Hotels is satisfied that all obligations have been met (right of retention).
10.9
The Customer may use secure payment pages for credit card payments. The amount will be charged at the time the reservation is made and confirmed.
10.10
If non-cash payment is agreed, all invoices must be paid by the Customer within fourteen days of the invoice date. Fletcher Hotels may charge a 2% credit restriction surcharge, which lapses if the Customer pays the invoice within fourteen days.
10.11
If payment is not made on time, the Customer shall be in default without the need for further notice of default. Only if the Customer is a natural person (consumer), Fletcher Hotels will send a reminder once and give the Customer at least 14 days after receipt to pay.
10.12
If the Customer is in default, they must reimburse Fletcher Hotels for all collection costs. For Consumers, extrajudicial collection costs are calculated in accordance with the law. For Business Customers, a rate of 15% of the outstanding invoice amount applies, with a minimum of €50.
10.13
Every payment shall, regardless of any note or comment made by the Customer, be deemed to reduce the Customer’s debt to Fletcher Hotels in the following order:
10.14
Payment must be made in euros. If it is not clearly stated whether an amount is inclusive or exclusive of VAT, it shall be deemed inclusive of VAT for a Consumer and exclusive of VAT for a Business Customer. If Fletcher Hotels accepts foreign currency, the market rate at the time of payment applies. Fletcher Hotels may charge an administrative fee of up to 10% of the amount tendered in foreign currency, by adjusting the applicable market rate by up to 10%.
10.15
Fletcher Hotels is never obliged to accept payment methods other than cash and may impose conditions on the acceptance of such other methods.
11.1
Fletcher Hotels may require the Customer to provide a security deposit. Received security deposits are duly recorded and serve solely as security for Fletcher Hotels to ensure timely and proper fulfillment of obligations by the Customer. Security deposits shall expressly not be considered realized revenue. For additional security, Fletcher Hotels may also require the Customer’s cooperation in providing necessary information to safeguard the security deposit and its enforceability, including making a print or copy of the Customer’s credit card, in compliance with privacy regulations.
11.2
If timely payment by the Customer is not made, Fletcher Hotels may recover any amounts owed by the Customer from the security deposit. If agreed in the (hospitality) agreement, Fletcher Hotels may also directly offset the amount owed by the Customer against the security deposit. Any surplus must be promptly refunded to the Customer by Fletcher Hotels.
12.1
The (hospitality) agreement is performed at the expense and risk of the Customer. The Customer is also responsible for the Guests and/or third parties engaged by the Customer to provide services or otherwise involved in the (hospitality) agreement and its consequences. The Customer indemnifies Fletcher Hotels against claims from Guests and/or third parties.
12.2
The Customer, the Guest, and/or third parties engaged by the Customer to provide services are jointly and severally liable for all damages incurred or to be incurred by Fletcher Hotels and/or any third party as a direct or indirect result of a breach and/or unlawful act, including violations of the house rules, committed by the Customer and/or the Guest and/or such third parties, as well as for all damages caused by any animal and/or property they own or that is under their supervision.
12.3
Fletcher Hotels is liable to the Guest for damage resulting from a breach by Fletcher Hotels in fulfilling the agreement, unless the breach cannot be attributed to Fletcher Hotels or to persons whose assistance Fletcher Hotels uses in performing the agreement.
12.4
If Fletcher Hotels is liable, its liability is limited to direct damages and to the amount paid out under its liability insurance, plus the deductible. If and to the extent no payment is made for any reason, and Fletcher Hotels would otherwise be obliged to compensate damage, such damage shall be limited to the Reservation Value.
12.5
Fletcher Hotels is not liable for damage caused by third parties engaged by it.
12.6
Fletcher Hotels is not liable for theft, damage, or loss of goods brought by a Guest into, deposited at, or left in the (hospitality) establishment. The Customer indemnifies Fletcher Hotels against claims from Guests in this regard.
12.7
If goods deposited for safekeeping by the Customer and/or Guest, for which a fee is charged, are damaged or lost, Fletcher Hotels shall reasonably compensate such damage. Compensation shall not extend to other goods contained within the deposited items.
12.8
Fletcher Hotels is not liable for damage caused to or with vehicles of the Customer or Guest. Parking is at own risk.
12.9
Unless mandatory law provides otherwise, Fletcher Hotels is not liable for damage, direct or indirect, to whomever or whatever, caused directly or indirectly by any defect, condition, or circumstance relating to any movable or immovable property of which Fletcher Hotels is holder, (leasehold) tenant, lessee, or owner, or which is otherwise at the disposal of Fletcher Hotels.
12.10
The Customer and/or Guest is responsible for the accuracy and completeness of all information and data provided to Fletcher Hotels, including all relevant information regarding the performance of the (hospitality) agreement and allergies. Fletcher Hotels is not liable for damage resulting from actions based on incorrect or incomplete information provided by the Customer and/or Guest.
12.11
Fletcher Hotels takes allergies reported into account as much as possible, but cannot provide guarantees. Traces of undesired ingredients cannot be completely excluded, unless expressly agreed otherwise. Fletcher Hotels is not liable for the consequences thereof.
12.12
It is the Customer’s responsibility, prior to entering into the (hospitality) agreement, to verify whether a location is suitable for the intended purpose. If this is not the case, it shall be at the Customer’s expense and risk, and Fletcher Hotels shall not be liable for any damage. In such cases, the agreed price must still be paid in full.
12.13
Fletcher Hotels provides information without obligation and is not liable for the content and/or consequences of the information it provides.
12.14
The Customer must adequately insure themselves against the consequences arising from this Article.
13.1
Force majeure for Fletcher Hotels exists in the event of a circumstance that cannot be attributed to it, but which nevertheless prevents the execution of the (hospitality) agreement to such an extent that performance is impossible or unreasonably difficult. This includes (but is not limited to) revocation of permits, national mourning, obstruction or interruption of transport preventing delivery of required products/items, staff shortages, disruptions in/at the (hospitality) establishment, and obstacles caused by measures, laws, and/or decisions of international, national, or regional (government) authorities.
13.2
In the event of force majeure, Fletcher Hotels and the Customer shall, in mutual consultation and acting reasonably, determine whether the (hospitality) agreement can be suspended or adapted to the new situation, for example by amending and/or rescheduling the (hospitality) agreement. Any cost reductions and/or cost increases resulting from such adjustments shall be fully for the benefit or at the expense and risk of the Customer.
13.3
If suspension or adjustment proves impossible, Fletcher Hotels and the Customer are entitled to dissolve the (hospitality) agreement or the unexecuted part thereof.
13.4
If either party to a (hospitality) agreement is unable to meet any obligation under that agreement, it must notify the other party as soon as possible.
14.1
This article applies if the (hospitality) agreement cannot be performed in the agreed form as a result of government measures regarding epidemic and contagious diseases. Government measures mean the government rules and measures in force at that time in relation to epidemic diseases. This article applies only once the government measures have been enacted.
14.2
In the case referred to in Article 14.1, Fletcher Hotels shall make every effort to comply with government measures in the performance of the (hospitality) agreement.
14.3
The Customer must ensure that Guests comply with government measures during the performance of the (hospitality) agreement.
14.4
Fletcher Hotels is not responsible or liable for the Customer and/or Guest’s non-compliance with government measures. The Customer and/or Guest indemnifies Fletcher Hotels against any related claims.
14.5
If the (hospitality) agreement cannot be performed in the agreed form due to government measures, this shall be deemed force majeure resulting from epidemic diseases and the force majeure provisions in these Fletcher Hotels General Terms and Conditions shall apply.
14.6
(Temporary) suspension of services or of a (hospitality) agreement due to non-compliance with government measures by the Customer and/or Guests shall not constitute force majeure.
14.7
As a general principle, the (hospitality) agreement shall be adapted to comply with government measures. Fletcher Hotels and the Customer and/or Guest shall consult to determine whether adjustment is possible, acting in a solution-oriented, reasonable, and fair manner.
14.8
If the (hospitality) agreement is adjusted in accordance with the foregoing provision, the Reservation Value agreed between Fletcher Hotels and the Customer shall remain payable to Fletcher Hotels, subject to deduction of all cost reductions and addition of all cost increases. Fletcher Hotels shall endeavor to minimize cost increases and maximize cost reductions. The Customer and/or Guest understands that Fletcher Hotels depends in part on suppliers and their terms and conditions.
14.9
If the (hospitality) agreement cannot be adjusted to government measures, the general principle is that the execution date of the (hospitality) agreement shall be rescheduled. Fletcher Hotels and the Customer shall determine in consultation whether rescheduling is possible, acting in a solution-oriented, reasonable, and fair manner.
14.10
If the execution date of the (hospitality) agreement is rescheduled, the Reservation Value agreed between Fletcher Hotels and the Customer shall remain payable to Fletcher Hotels, subject to deduction of all cost reductions and addition of all cost increases. Fletcher Hotels shall endeavor to minimize cost increases and maximize cost reductions. The Customer and/or Guest understands that Fletcher Hotels depends in part on suppliers and their terms and conditions.
14.11
If the (hospitality) agreement cannot be adjusted under this article, either party may terminate it, in which case Fletcher Hotels’ services shall be cancelled. In such cases, the Reservation Value agreed between Fletcher Hotels and the Customer shall remain payable to Fletcher Hotels, subject to deduction of all cost reductions and addition of all cost increases. Fletcher Hotels shall endeavor to minimize cost increases and maximize cost reductions. The Customer and/or Guest understands that Fletcher Hotels depends in part on suppliers and their terms and conditions. If the Customer is a Consumer, for the part of the (hospitality) agreement that qualifies as a contract for services, the Customer is instead required to reimburse only the actual costs and reasonable compensation, rather than the Reservation Value for that part of the (hospitality) agreement.
15.1
Complaints may be reported verbally at the reception of the (hospitality) establishment. If the complaint has not been or could not be resolved, or has not been resolved satisfactorily, the Customer/Guest may submit the complaint in writing, duly substantiated, to Fletcher Hotels within 7 days after performance of the (hospitality) agreement or within the statutory period applicable, via the (email) address referred to in Article 1.4.
15.2
Upon receipt of the complaint, the parties shall consult to seek a solution. If performance of the (hospitality) agreement is still (partially) possible, Fletcher Hotels shall in any event be given the opportunity to do so by the Customer/Guest.
16.1
Fletcher Hotels processes personal data. The privacy statement specifies which data are processed and for what purpose.
17.1
Dutch law shall apply exclusively to the (hospitality) agreements.
17.2
In the event of disputes between Fletcher Hotels and a Customer and/or a Guest, the competent court in the place of residence of Fletcher Hotels shall have exclusive jurisdiction, unless a different court has jurisdiction under mandatory statutory provisions, and without prejudice to the right of Fletcher Hotels to submit the dispute to the court that would have jurisdiction in the absence of this clause.
17.3
All claims of the Customer shall lapse after one year from the date on which they arose.
17.4
The invalidity of one or more provisions of these general terms and conditions shall not affect the validity of the other provisions. Should any provision of these general terms and conditions be invalid for any reason, the parties shall be deemed to have agreed on a valid replacement provision that approximates the purpose and scope of the invalid provision as closely as possible.
18.1
Reservations for a Group, function room, and/or outdoor areas must be made via groups@fletcher.nl , sales@fletcher.nl , or through the relevant (hospitality) establishment.
19.1
If the (hospitality) establishment offers this option, the Customer may make a reservation, for example for lunch or dinner. In that case, a date, time, and number of Guests are agreed upon for the reservation.
19.2
Fletcher Hotels may attach conditions to a reservation, such as requiring payment of a deposit, an advance payment, or reconfirmation.
19.3
If the Customer, whether or not using a voucher, has reserved a table for a certain period (timeslot) and the Customer and/or his Guests do not arrive within half an hour of the reserved time, Fletcher Hotels cannot guarantee that the full meal will be served to the Customer and/or his Guests.
19.4
In the event of a No-show, the Customer shall owe Fletcher Hotels an amount equal to the Reservation Value, unless prohibited by law.
20.1
Fletcher Hotels shall inform in advance of the time at which the accommodation will be made available to the Guest and by what time the Guest must have checked out.
20.2
In the event of a No-show, the Customer shall owe Fletcher Hotels an amount equal to the Reservation Value, unless prohibited by law.
General cancellation
21.1
The Customer is entitled at any time to terminate (cancel) a (hospitality) agreement. The applicable statutory provisions shall apply with respect to any associated costs, unless expressly stated otherwise in this Article.
21.2
Non-refundable reservations (such as vouchers) cannot be changed or cancelled free of charge.
Cancellation of a (hospitality) agreement consisting of the provision of accommodation by the Customer
21.3
The Customer may cancel the (hospitality) agreement consisting of the provision of accommodation via annuleren@fletcher.nl .
Flexible cancellation
21.4
Fletcher Hotels offers Customers the option of “flexible cancellation,” in which case the Customer may cancel up to 24 hours before the day of arrival. If this option is used, a cancellation fee of €10.00 is owed to Fletcher Hotels.
21.5
Flexible cancellation is not available at Fletcher Hotel Amsterdam, Fletcher Wellness-Hotel Leiden, and for Group reservations.
21.6
The cancellation fee referred to in Article 21.4 shall either be deducted from the booking amount if the Customer has prepaid the booking amount, or invoiced to the Customer if payment was to be made at the relevant Fletcher Hotels location. The invoice must be paid by the Customer within the payment term stated on the invoice.
21.7
In the event of a cancellation within the period referred to in Article 21.4, or in the event of a No-show, the Customer shall owe the full booking amount. For Fletcher Hotel-Restaurant Arnsberg-Sauerland and Fletcher Waldhotel Nordrhein-Westfalen, the amount owed shall be 90% of the booking value.
Non-flexible cancellation
21.8
If the Customer has not chosen flexible cancellation and the reservation is not for a Group, the Customer may cancel free of charge up to five days before the date of arrival, unless otherwise agreed in writing. For cancellations made five days or less before the date of arrival, the Customer shall owe the full booking amount.
21.9
By way of derogation from Article 21.8, (hospitality) agreements with Fletcher Stadshotel The Hague, Fletcher Boutique Hotel Slaak-Rotterdam, Fletcher Hotel-Restaurant Wings-Rotterdam, and/or Fletcher Hotel Rotterdam-Airport may be cancelled free of charge up to 48 hours before the day of arrival. A (hospitality) agreement with Fletcher Hotel Amsterdam and/or Fletcher Wellness-Hotel Leiden may be cancelled up to 24 hours before the day of arrival. A (hospitality) agreement with Fletcher Hotel-Restaurant Arnsberg-Sauerland and Fletcher Waldhotel Nordrhein-Westfalen may be cancelled up to 72 hours before the day of arrival; otherwise, the amount owed shall be 90% of the booking value.
21.10
In the case of a Group reservation, the cancellation conditions form part of the (hospitality) agreement. Articles 21.4 through 21.9 do not apply.
21.11
If accommodation forms part of a reservation that also includes other services, the provisions of Articles 21.1, 21.2, and 21.4 through 21.10 shall apply mutatis mutandis to the accommodation part of the reservation.
Cancellation of a (hospitality) agreement consisting of the provision of food and/or beverages by the Customer
21.12
If the table reservation concerns an arrangement, such as an Easter brunch or Christmas dinner, cancellation is possible free of charge up to 24 hours before the scheduled start time of the reservation. For cancellations made within 24 hours before the start time, the Customer shall owe Fletcher Hotels the (full) reservation value, unless prohibited by law.
21.13
When a reservation has been made for a (hospitality) service consisting of the provision of food and/or beverages (table reservation), the Customer shall, in the event of cancellation, owe Fletcher Hotels a fee equal to the percentages of the Reservation Value communicated at the time of reservation. This fee shall be invoiced by Fletcher Hotels to the Customer and must be paid by the Customer within the term stated on the invoice.
Cancellation of the (hospitality) agreement by Fletcher Hotels
21.14
Fletcher Hotels may cancel (terminate) the (hospitality) agreement if there are compelling reasons.
22.1
Rooms may be reserved via:
23.1
Room reservations including related (hospitality) services may be made via:
General
24.1
Cancellation by the Customer is possible upon payment of the cancellation fees.
24.2
If the Customer has reserved a table for a certain period (timeslot) and the Customer and/or their Guests have not arrived within half an hour after the reserved time, Fletcher Hotels cannot guarantee that the full meal will be served to the Customer and/or their Guests.
24.3
In case of a No-show, the Customer shall in all cases be obliged to pay the Reservation Value.
Cancellation of accommodation reservations for Individuals
24.4
In case of cancellation of a reservation for accommodation, with or without breakfast, for one or more Guests, the Customer owes Fletcher Hotels the Reservation Value or a percentage thereof, based on the following schedule:
Cancellation of accommodation reservations for Groups
24.5
In case of cancellation of a reservation for accommodation, with or without breakfast, for a Group, the Customer owes Fletcher Hotels the Reservation Value or a percentage thereof, based on the following schedule:
Cancellation of food and/or beverage reservations for Individuals
24.6
For reservations of (hospitality) services consisting of the provision of food and/or beverages (table reservations) for fewer than 10 persons, the Customer shall, in case of cancellation within 24 hours before the arrival date, owe Fletcher Hotels a fee equal to the percentages of the Reservation Value communicated at the time of booking. This fee will be invoiced by Fletcher Hotels to the Customer and must be paid within the term stated on the invoice.
Cancellation of food and/or beverage reservations for Groups
24.7
In case of cancellation of a reservation for food and/or beverages for a Group, the Customer owes a fee equal to the Reservation Value or a percentage thereof, based on the following schedule:
If a menu has been agreed
Indien geen menu is overeengekomen
Cancellation of other (hospitality) services than accommodation and/or food and/or beverages for Individuals
24.8
In case of cancellation of a reservation for one or more other (hospitality) services than accommodation and/or food and/or beverages for Individuals, the Customer owes a fee equal to the Reservation Value or a percentage thereof, based on the following schedule:
Cancellation of other (hospitality) services than accommodation and/or food and/or beverages for Groups
24.9
In case of cancellation of a reservation for one or more other (hospitality) services than accommodation and/or food and/or beverages for a Group, the Customer owes a fee equal to the Reservation Value or a percentage thereof, based on the following schedule:
Cancellation by Fletcher Hotels
24.10
Fletcher Hotels is entitled to cancel a reservation, unless otherwise agreed.
24.11
If Fletcher Hotels cancels a reservation, the provisions of Articles 24.4 to 24.9 shall apply mutatis mutandis, with the understanding that in such a case Fletcher Hotels shall owe the Customer the Reservation Value or a percentage thereof.
24.12
Fletcher Hotels may also cancel reservations without being obliged to pay the aforementioned amounts if there are compelling reasons.
24.13
Compelling reasons shall include, but are not limited to, sufficient indications that a meeting:
24.14
If Fletcher Hotels exercises its right under Article 24.12 after the meeting has already started, the Customer shall be obliged to pay for the services enjoyed up to that time, and the payment obligation for the remainder shall lapse. The fee for services received will, if applicable, be calculated proportionally.
24.15
Fletcher Hotels has the right, instead of exercising its right under Article 24.12, to impose additional requirements on the course of a meeting. If there are sufficient indications that such additional requirements will not be complied with by the Customer and/or the Guests, Fletcher Hotels shall still be entitled to exercise its rights under Article 24.12.
25.1
The provisions of this Chapter D apply only if a swimming pool and/or wellness facilities are available in the (hospitality) venue.
26.1
Guests are required to behave in the swimming pool and wellness facilities in accordance with the additional rules of conduct displayed in visible locations in the swimming pool and wellness facilities, which are also available on www.fletcher.nl . By using the swimming pool and/or wellness facilities, the Guest agrees to these rules of conduct. The provisions of this Article are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5, and 6 apply mutatis mutandis.
27.1
In addition to Article 12, it applies that the use of the swimming pool and/or wellness facilities is entirely at one’s own risk. No supervision is provided.
27.2
Fletcher Hotels has the right to (temporarily) close the swimming pool or wellness facilities for maintenance or for activities carried out by third parties.
27.3
Guests who cause damage to property/materials in the swimming pool or wellness facilities are liable for the related costs. In the event of (intentional) vandalism, a report will be filed with the police.
28.1
Guests may use the swimming pool if they have at least a basic swimming level (diploma A).
28.2
Guests who do not have the basic swimming level referred to in Article 28.1 and/or Guests with a physical and/or intellectual disability that significantly affects their swimming ability are considered inexperienced swimmers.
28.3
Inexperienced swimmers may only use the swimming pool if:
29.1
Guests must be at least 18 years of age. Fletcher Hotels has the right to request proof of identity if there is doubt about a Guest’s age.
30.1
When using the swimming pool and wellness facilities, swimwear is mandatory.
30.2
Guests must refrain from the following when using the swimming pool and wellness facilities:
30.3
Guests may not use the swimming pool and wellness facilities if they:
31.1
The provisions of this Chapter apply exclusively to an (intended) visit to one of the BLUE locations of Fletcher Hotels.
31.2
In this Chapter, Fletcher Hotels is referred to as “BLUE.”
32.1
A sauna visit and/or treatment is only possible based on a prior Reservation.
32.2
Reservations can only be made by persons aged 18 years and older. Persons between 16 and 18 years of age may visit the BLUE locations as Guests, but only when accompanied by a person aged 18 years or older.
32.3
BLUE has the right to request a valid proof of identity from the Customer prior to check-in. BLUE is entitled to refuse entry to the relevant BLUE location to a Customer who cannot provide identification.
32.4
Reservations can be made via:
32.5
By way of derogation from Article 3.1, in the case of an online reservation, the agreement between the Customer and BLUE is concluded at the moment the Customer has confirmed the reservation and the (partial) payment has been made through the payment module. For telephone reservations, the agreement is concluded at the moment BLUE has sent the reservation confirmation by e-mail to the Customer and BLUE has received the (partial) payment requested in the reservation confirmation. The Customer must check the reservation confirmation for accuracy and immediately notify BLUE of any inaccuracies. If the (partial) payment has not been received within the period stated in the reservation confirmation, BLUE has the right to release the reserved sauna visit and/or treatments for other Customers without further notice.
32.6
For an online reservation, the Customer provides an arrival and departure time. Any treatments are scheduled between the arrival and departure times provided by the Customer. The starting times of the treatments will be communicated to the Customer upon arrival by BLUE. If it is not possible to schedule a treatment within the arrival and departure times specified by the Customer, the BLUE location will contact the Customer by telephone or e-mail within two working days of the conclusion of the agreement to discuss a suitable solution.
32.7
If the Customer wishes to make use of specific promotions, vouchers, e-tickets, and/or gift cards when making the reservation, the reservation must be made via a special online page. The online page is explicitly indicated in the promotion or on the voucher, e-ticket, and/or gift card. It is not possible to make a regular reservation and then convert it into a reservation with a promotion, voucher, e-ticket, and/or gift card. BLUE applies specific availability per promotion, voucher, e-ticket, or gift card. As a result, it may occur that certain days are not available for a specific promotion, voucher, e-ticket, and/or gift card, while regular reservations can still be made for those days.
32.8
Changing a reservation is only possible with the prior consent of BLUE. BLUE is not obliged to agree to a change.
33.1
The Customer owes BLUE the amount stated on the (online) reservation confirmation.
33.2
All prices and additional costs include VAT and can be found at www.bluewellness.nl .
33.3
Discount promotions published after a sauna visit and/or treatment has been reserved cannot be applied retroactively to an existing reservation.
34.1
Cancellations must be made by telephone at the BLUE location where the reservation was made.
34.2
Cancellation is not possible if this is expressly stated in relation to a particular promotion or on the voucher, e-ticket, or gift card.
34.3
The cancellation of a sauna visit only can be made free of charge, except in the case referred to in Article 34.6.
34.4
The cancellation of one or more treatments, or a Package consisting of a sauna visit and one or more treatments, is free of charge up to 24 hours before the arrival time specified by the Customer. For cancellations made 24 hours or less before the specified arrival time, the Customer owes 50% of the amount stated in the reservation confirmation. To the extent this amount has not already been (fully) paid at the time of reservation, the Customer must pay it to BLUE within eight days after cancellation.
34.5
If the Customer does not appear at the specified arrival time without cancellation and does not make use of their reservation, the Customer owes 100% of the amount stated in the reservation confirmation. To the extent this amount has not already been (fully) paid at the time of reservation, the Customer must pay it to BLUE within eight days after the No-show.
34.6
The cancellation of a sauna visit reservation for which the Customer has redeemed a voucher, e-ticket, and/or gift card in full or in part is not possible. Such a reservation may only be rescheduled, provided this is done up to one hour before arrival and within the validity period of the voucher, e-ticket, and/or gift card. A reservation for treatments for which the Customer has redeemed a voucher or e-ticket in full or in part may likewise only be rescheduled, provided rescheduling takes place at least 24 hours before arrival and within the validity period of the voucher or e-ticket.
35.1
Vouchers, e-tickets, and gift cards have the validity period expressly stated on them. (Special) promotions also have a validity period. Once the validity period has expired, the voucher, e-ticket, or gift card can no longer be used, and (special) promotions can no longer be redeemed.
35.2
The Customer is obliged to present the voucher, e-ticket, or gift card to BLUE at check-in, unless expressly indicated otherwise by BLUE. If the Customer is unable to do so, BLUE will charge the full rate for the sauna visit and/or treatment(s).
36.1
BLUE offers the possibility of purchasing a subscription for sauna visits. A subscription is strictly personal and non-transferable. Other Customers are not permitted to use the subscription.
36.2
A subscription can only be purchased at the reception desk of a BLUE location and, depending on the chosen tariff, can be used either at a specific BLUE location or at all BLUE locations. Subscriptions cannot be terminated during their term.
36.3
The BLUE monthly card has a validity of 31 days, which begins on the date of payment of the BLUE monthly card and automatically ends upon expiry of this period.
36.4
The BLUE annual card has a validity of 12 months. Payment may be made either in advance in full or monthly in advance. If the Customer opts for monthly payment in advance, the Customer will receive a monthly payment request by e-mail; payment must then be made within the stated payment term, failing which BLUE may deny the Customer access to any BLUE location until the outstanding amount has been paid. The 12-month period begins on the date of payment (of the first installment) of the BLUE annual card. The BLUE annual card is automatically renewed monthly after the initial 12-month period, unless the Customer cancels the subscription with one month’s notice. After cancellation, the Customer has the right to use the BLUE facilities until the end date of the subscription.
36.5
A (temporary) suspension of a subscription is only possible in the case of prolonged illness or pregnancy. The Customer must submit a written request to BLUE. BLUE may request a statement from the Customer’s general practitioner. During the suspension of the subscription, the Customer has no access to any BLUE location(s). The suspension period does not count towards the subscription term; the duration of the suspension will therefore be added to the agreed term of the subscription. Suspension of the subscription due to holidays or (extended) vacations is not possible.
36.6
BLUE cardholders must make a reservation prior to their visit. Reservations can be made up to fourteen days in advance and only online via the website www.bluewellness.nl .
37.1
The provisions of this Article 37 are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5, and 6 apply mutatis mutandis.
37.2
Wearing swimwear is not permitted. BLUE enforces a 100% nude policy. There are no special swimwear days.
37.3
Wearing slippers is mandatory, except in sauna cabins. Slippers can be purchased if desired.
37.4
In restaurants, lounge areas, relaxation rooms, and on terraces, wearing a bathrobe is mandatory. Bathrobes can be rented if desired.
37.5
Towels may not be taken into the restaurant.
37.6
For hygienic reasons, it is mandatory in dry/hot saunas to sit on a towel, with the feet also resting on the towel.
37.7
Showering is mandatory before using the facilities. Showering is also required after using hot rooms (such as saunas) before entering a bath.
37.8
Reserving sunbeds, benches, or chairs (indoors and outdoors) without using them is not permitted.
37.9
To allow all Guests to relax optimally, the facilities must be used in peace and quiet.
37.10
Use of the swimming pool is at your own risk; no supervision is provided.
37.11
BLUE locations are smoke-free. Contrary to Article 6.7, smoking and vaping are also not permitted outdoors.
37.12
The use of glassware is only permitted in the restaurant and (if available) on the terrace and may not be taken into other areas.
37.13
Towels may not be left behind in the sauna or on sauna heaters due to fire hazard.
37.14
Guests are not permitted to pour scents, water, and/or ice onto sauna heaters.
37.15
Guests must store their personal belongings in a lockable locker before entering the wellness areas. Items such as a book, glasses, medication, etc. may only be taken into the wellness areas in special reusable BLUE bags. These sustainable BLUE bags are available for purchase at the BLUE reception desk and can be reused for future visits.
37.16
The use of mobile phones is only permitted at the reception of the BLUE location. Bringing and using mobile phones and devices capable of taking photos and/or videos, as well as all other electronic devices, is not permitted. These must be stored in the lockers (and not in a bathrobe). Employees of the BLUE location are authorized to check this. The use of an e-reader without a camera function is permitted.
37.17
Taking photos or making video recordings is strictly prohibited. A Guest who violates this prohibition must leave the BLUE location immediately upon request of an employee. The Guest must also delete the photos and/or videos made immediately under the supervision of a BLUE employee, failing which the police will be called.
37.18
All forms of disruptive behavior, including but not limited to vandalism, inappropriate behavior towards other Guests, drunkenness or being under the influence of drugs and/or medication, as well as desired or undesired intimacies, are not permitted.
37.19
Employees of BLUE have the right to refuse to serve (further) alcohol if they deem this no longer responsible for the safety of the Guest and other Guests.
37.20
Guests are obliged to follow the instructions of the staff.
38.1
BLUE reserves the right to make changes to the layout and opening hours of the facilities of the BLUE locations.
38.2
BLUE has the right to carry out or have maintenance carried out during the opening hours of the BLUE location. In such a case, the Guest cannot claim any compensation.
39.1
In addition to Article 16.1, it applies that personal data relating to the health of the Guest will only be collected and used for safety reasons and for the purpose of (potentially) providing appropriate advice or an adjusted treatment. The data will not be provided to third parties without the explicit consent of the Guest.
40.1
The Fletcher Hotels General Terms and Conditions also apply to (Hospitality) agreements concluded via an official (pre)sales organization engaged by Fletcher Hotels for an Event (hereinafter: the “(pre)sales address”).
40.2
The location where the Event is held is understood to mean the actual site of the Event as well as all grounds, spaces, and fields surrounding it that form part of the hospitality establishment or the complex within which the Event takes place.
41.1
An admission ticket is a document (paper ticket) issued by or on behalf of Fletcher Hotels, or a barcode issued by or on behalf of Fletcher Hotels (E-ticket with a unique code), which entitles the Customer to attend an Event. The admission ticket may further include the right to one or more (Hospitality) services, such as accommodation and/or food and/or beverages.
41.2
The admission ticket is issued once and grants admission for one person. The person who presents the admission ticket first will be admitted to the Event. Fletcher Hotels may assume that such person is the rightful holder (i.e., the Customer). Fletcher Hotels is not obliged to conduct further checks regarding valid admission tickets. The Customer must ensure that he retains possession of the admission ticket. The Customer bears the risk of loss, theft, damage, or misuse of the admission ticket.
41.3
Fletcher Hotels reserves the right to set a maximum number of admission tickets that may be ordered by one Customer. The Customer is obliged to comply with the maximum set by Fletcher Hotels.
41.4
Only admission tickets purchased from recognized (pre)sales addresses or Fletcher Hotels are valid. The burden of proof in this regard rests with the Customer.
41.5
E-tickets will be sent to the Customer by email. It is the responsibility of the Customer to ensure that Fletcher Hotels can send the e-ticket by email. To this end, the Customer must provide Fletcher Hotels with a correct email address.
42.1
The service fee amounts to € 1.99 per admission ticket.
42.2
The Customer is entitled to a refund of the service fees if:
42.3
The Customer is not entitled to a refund of the service fees if:
43.1
The Customer is prohibited from offering or providing tickets purchased by him for commercial purposes to third parties.
43.2
The Customer is also prohibited from selling tickets to third parties for a higher price than the price originally paid, or otherwise transferring them.
43.3
A Customer who makes his ticket(s) available to third parties is obliged to impose the provisions of the Fletcher Hotels General Terms and Conditions, including the provisions of this Chapter F, on those third parties and guarantees Fletcher Hotels that such third parties will unconditionally comply with those obligations. If the Customer fails to meet this obligation, he shall owe Fletcher Hotels an immediately payable penalty of €5,000 per violation and €1,000 for each day the violation continues, without prejudice to Fletcher Hotels’ right to performance and/or compensation for damage suffered or yet to be suffered.
44.1
The reservation/purchase of individual tickets (thus without other Hospitality Services) cannot be cancelled by the Customer.
44.2
In the event of cancellation of a reservation/purchase of one or more tickets in combination with other Hospitality Services, Fletcher Hotels will charge cancellation fees based on the value of the booked Package. The cancellation fees amount to:
The ticket(s) will in such case be invalidated.
44.3
Changing the date and/or location of an Event or changing the Event to another Event is possible if the Customer requests this more than two weeks before the start of the Event, subject to availability. If the tickets for the new Event/date/location are more expensive, the Customer must pay the difference. The Customer is not entitled to a refund if the new tickets are cheaper.
44.4
Changing the date and/or location of an Event or changing to another Event within two weeks before the start is only possible subject to availability and provided the Customer pays, in addition to any price difference, a relocation fee of 10% of the total amount due for the old and, where applicable, the new tickets. The Customer is not entitled to a refund if the new tickets are cheaper.
44.5
Changing the date and/or location of an Event or changing to another Event within seven days before the start is not possible for a two-day Event. In that case, Article 44.2 applies.
45.1
If Fletcher Hotels must cancel or postpone the Event, whether due to government measures or otherwise, Fletcher Hotels will notify the Customer by phone or e-mail and consult with the Customer about a suitable solution.
46.1
The Customer and/or the third parties to whom the Customer has made tickets available are obliged, if requested, to cooperate with security searches when attending the Event.
46.2
The Customer and/or the third parties to whom the Customer has made tickets available must, for the entire duration of the Event and as long as they are present at the Event location, be in possession of an undamaged ticket or a wristband received upon entry. They are obliged to present the ticket or wristband at the first request of Fletcher Hotels, security staff, or other authorised personnel.
46.3
The Customer and/or Guest is obliged to provide identification at the first request of Fletcher Hotels, both during the Event and when purchasing the ticket, in order to enable Fletcher Hotels to comply with its legal obligations in the organisation of Events.
46.4
Fletcher Hotels is entitled to impose a minimum age requirement for admission to the Event. To ensure compliance with these age limits, the age of the Customer and/or Guest(s) may be requested when booking tickets, and identification may be required at the entrance of the Event. For Events without a mandatory age limit of 18 years or older, Fletcher Hotels advises a minimum age of 18 years for attending Events independently (i.e., without the accompaniment of an adult Guest).
47.1
The provisions of this Article 47 are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5 and 6 apply accordingly.
47.2
It is prohibited, without the prior written consent of Fletcher Hotels, to bring professional photo, film, or other recording equipment to the Event venue. Any such equipment may be confiscated for the duration of the Event. Fletcher Hotels accepts no liability for items seized or kept in custody.
47.3
It is prohibited to bring glassware, plastic bottles, cans, fireworks, (fire)arms and/or dangerous objects, food of any kind in any packaging, and/or (alcoholic) beverages and/or drugs to the Event location. Such items will be confiscated.
47.4
Recording the Event in any form whatsoever, including photographing, filming, and making (other) audio and/or visual recordings, is prohibited, as is reproduction of and/or extracts from the programme (booklet), posters, and other printed materials. All such recordings will be confiscated and destroyed.
47.5
By way of derogation from Article 6.7, this prohibition also applies to smoking or vaping in outdoor areas.
47.6
In addition to the provisions of Article 5.3, the Guest is obliged to comply with the instructions of the operators of the Event venue, security staff, the fire brigade, and other authorised persons.
48.1
If the Customer and/or Guest(s) violate any of the provisions of the Fletcher Hotels General Terms and Conditions or the house rules applicable at the relevant venue, or government regulations, Fletcher Hotels is entitled to invalidate the ticket, and the provisions of Article 4.4 apply accordingly.
48.2
If it is reasonably suspected that a ticket has been forged, Fletcher Hotels is entitled to deny the holder of such ticket (further) access to the Event and any booked Hospitality Services, without the Customer or holder being entitled to compensation for any damage suffered as a result. In such cases, Fletcher Hotels will always report fraud and/or forgery to the police.
49.1
In addition to the provisions of Article 13, in the event of force majeure in the broadest sense of the word – which in this context also includes illness and/or cancellation of the artist(s), strikes, fire, natural disasters, terrorist threats, national days of mourning, government-imposed measures, and the like – Fletcher Hotels has the right to postpone the Event to a later date or to cancel the Event.
49.2
If the Event is cancelled or postponed by Fletcher Hotels as a result of or in connection with force majeure before it has commenced, Fletcher Hotels will offer the Customer the option to attend an alternative Event. If the Customer refuses this offer, Fletcher Hotels itself will decide whether to accept the return of the ticket(s) and refund the amount received. Should Fletcher Hotels decide to do so, it will only be obliged to refund the Customer the amount stated on the ticket, or, if no such amount is stated, the amount paid by the Customer through the official (pre)sales address referred to in Article 40.1. In all cases, any refund will take place no later than two weeks after Fletcher Hotels has announced via its website that the Event will be cancelled. Refunds will take place at a (pre)sales address, after the Customer has handed over a valid and undamaged ticket for the (cancelled) Event to this (pre)sales address. Service fees or other damages will not be reimbursed.
49.3
If the Event, as a result of or in connection with force majeure, must be interrupted, suspended, or terminated prematurely after it has commenced, Fletcher Hotels shall under no circumstances be obliged to refund (any part of) the amount paid by the Customer.
50.1
In addition to the provisions of Article 12, entering the Event location and attending the Event is at the Customer’s own risk, in the sense that Fletcher Hotels accepts no liability for damage arising from such attendance, such as hearing, vision, or other physical impairments. At Events, Fletcher Hotels applies an average sound level of up to 103 dB(A), measurable from the source.
50.2
Fletcher Hotels strives to execute the programme as much as possible in accordance with the announced schedule. At music Events, the announced main act will in most cases be preceded by an opening act. Fletcher Hotels is not liable for deviations from the announced schedule, nor for any damages that may arise for the Customer and/or third parties as a result thereof. Start and end times as indicated on tickets are subject to change. The Customer is obliged to regularly check (via Fletcher Hotels’ website and/or the Event’s website) whether start and/or end times have remained unchanged.
50.3
Fletcher Hotels is not liable for the content and manner of performance of the Event programme, including expressly the duration of the programme. Fletcher Hotels is also not liable for changes to the Event programme.
50.4
Fletcher Hotels is not liable for damage to the Customer caused by loss of or damage to the ticket.
51.1
The performing artists and Fletcher Hotels are entitled to make (or have made) visual and/or audio recordings of the Event and to use these images for promotional purposes for themselves or on behalf of their partners or sponsors. By purchasing a ticket, the Customer agrees that recordings may be made during the Event in which visitors (and therefore possibly also the Customer) are visible and/or audible. By purchasing the ticket, the Customer also explicitly grants the relevant artist and/or Fletcher Hotels permission to distribute and/or exploit these recordings at their own discretion. Persons appearing in the recordings are not entitled to any compensation.
51.2
During an Event, both atmospheric photos and individual photos are taken by a professional photographer. These photos may be used for publication on various media channels such as Facebook, Instagram, Twitter, LinkedIn, TikTok, and our website.
51.3
Persons in atmospheric photos cannot be identified without disproportionate effort. If you do not wish to be photographed during the Event, you are requested to inform the photographer. The photographer will then take this into account. After any photos have been published, a Customer may request to have a photo blurred or removed.
51.4
For individually posed photos, prior consent will always be requested on-site by the photographer.
52.1
The provisions of this Chapter G apply exclusively to reservations made by a Customer for the stay of a sports team (hereinafter: the “Sports Team”) on the basis of a Group Booking.
52.2
For the purposes of this Chapter G, a Sports Team means a group of individuals who together form a (competition) team. “Management” of the Sports Team (hereinafter: “Management”) means the person(s) who, during the stay of the Sports Team, act as the point(s) of contact for Fletcher Hotels.
53.1
All hotel rooms and other areas must be returned by the Sports Team to their original condition on the day of departure. The Management must collect all keys of the hotel rooms and function rooms and hand them in at once at the reception of the relevant location on the day of departure.
54.1
The provisions of this Article 54 are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5 and 6 apply mutatis mutandis.
54.2
The Sports Team is obliged to strictly follow the instructions of Fletcher Hotels during the stay, including but not limited to those concerning the safety of the Sports Team and other guests present. The Management is obliged to fully inform the Sports Team of the house rules applicable at the location and of the obligation to comply with these house rules.
54.3
The Sports Team must ensure that no nuisance is caused to third parties and that third parties, including employees, Guests, and neighbours of Fletcher Hotels, are treated with respect.
54.4
The Management must ensure that at least two persons remain sober and available at all times during the entire stay of the Sports Team in case of emergencies.
54.5
Any consequences of being under the influence of alcohol and/or drugs – such as vomit or excessive broken glass – must be cleaned up by the members of the Sports Team themselves, failing which the Customer shall incur an immediately payable penalty of €150 per incident, without prejudice to the right of Fletcher Hotels to claim additional compensation if the actual cleaning and/or repair costs are higher.
54.6
Fletcher Hotels is not liable for damage, theft, injury, or accidents caused to other Guests at the location or to third parties. In the event of damage caused to third parties, Fletcher Hotels will not act as an intermediary, and such damage must be compensated directly by the Customer to the injured party.
55.1
In addition to Article 12, any damage resulting from nuisance caused by the Sports Team to employees, Guests and/or the local community shall be recovered by Fletcher Hotels from the Customer.
56.1
The provisions of Article 8 apply mutatis mutandis.
57.1
The Customer and the Sports Team are strictly prohibited from entering areas that have not been reserved by the Customer, other than circulation areas giving access to reserved accommodation and/or the restaurant. Any breach of this prohibition will result in removal from the premises of Fletcher Hotels. Furthermore, in the interest of public order and keeping escape routes clear, it is not permitted to place items in the corridors or to use common areas (including corridors) for warm-ups or training.
58.1
If complaints are received from other Guests, staff and/or local residents, and Fletcher Hotels is required to provide them with compensation (vouchers) and/or damages, such amounts shall be charged to the Customer.
59.1
The provisions of Chapter H apply exclusively to reservations made by a Customer for a wedding.
60.1
Based on the Customer’s wishes, Fletcher Hotels provides a quotation for (Hospitality) services in connection with a wedding.
60.2
In deviation from Article 3.1, the (Hospitality) Agreement is concluded upon acceptance of the quotation by the Customer and receipt by Fletcher Hotels of the down payment referred to in Article 67.3.
60.3
The (Hospitality) Agreement for a wedding may relate to the rental of the venue (hall/outdoor space) and/or the provision of accommodation and/or the provision of meals and beverages, or the facilitation of external catering.
61.1
Fletcher Hotels makes the venue, i.e. all spaces specified in the quotation, available to the Customer at the time indicated in the quotation and ensures that the Customer can (have) all necessary preparations carried out. No charges will be made for the consumption of gas, electricity, and water, unless otherwise stated in the quotation.
61.2
The Customer and/or Guests and/or persons engaged by the Customer for activities related to the wedding (in the broadest sense) shall treat the venue with respect, meaning that decorations and the like may not be nailed or drilled into ceilings, floors, walls, frames, and doors, and that adhesive tape residues must be removed by the Customer after the wedding. Any decorations must (i) comply with fire class 1 or 2, meaning they are factory-impregnated and certified, or impregnated by a certified company, evidenced by a fireproofing certificate not older than four days, and (ii) be approved by Fletcher Hotels. The fire department may inspect and reject such materials before or during the wedding. In the latter case, the Customer is obliged to remove the materials from the venue immediately.
61.3
The use of fire(work) and gas cylinders is prohibited.
61.4
In deviation from Article 61.3, the use of small fireworks (sparklers, fountain candles, etc.), table confetti cannons, and/or smoke machines is permitted, provided prior approval has been requested from and granted by the (party manager of) Fletcher Hotels.
61.5
The costs of basic cleaning are included in the rental of the venue. For cleaning after the use of products referred to in Article 61.4, the Customer owes an additional fee for extra cleaning activities. The amount of this fee is stated in the quotation.
62.1
The provision of meals and beverages shall take place on the basis of the arrangements specified in the quotation.
62.2
The provisions of Article 8 apply mutatis mutandis.
63.1
In the case of external catering, Fletcher Hotels shall make (part of) the kitchen of the venue available to the Customer’s caterer at the time agreed in the quotation. The provisions of Article 8 apply mutatis mutandis.
63.2
In the case of external catering and/or if beverages are consumed during the wedding that have not been provided by Fletcher Hotels, the Customer shall owe Fletcher Hotels the kitchen and/or corkage fees stated in the quotation.
64.1
If the Customer wishes to reserve rooms in addition to the venue and/or meals and beverages, the number and type of rooms shall be specified in the quotation.
65.1
The provisions of this Article 65 are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5, 6, and 54 apply mutatis mutandis, provided that “Sports Team” shall be read as “wedding guests” and “Management” shall be read as “Customer.”
66.1
The provisions of Article 54 apply mutatis mutandis, provided that “Sports Team” shall be read as “wedding guests”.
67.1
All prices stated in the quotation are subject to change and include VAT unless otherwise specified. The Customer is liable to pay the price applicable at the time the (Hospitality) services are provided.
67.2
The price for beverages, unless the quotation specifies an all-in price, shall be calculated on the basis of post-calculation.
67.3
Payment of the price shall take place in instalments:
General
68.1
In deviation from the provisions in Chapter B and Chapter C, the provisions of this Article 68 shall apply.
Cancellation of venue including setup and/or meals and/or accommodation
68.2
In the event of full cancellation of a (Hospitality) service consisting of venue and/or meals and beverages and/or accommodation, the Customer shall owe the following percentage of the reservation value:
68.3
Partial cancellation and/or modification of a (Hospitality) service consisting of meals and/or beverages is possible up to three months prior to the Commencement Date for a maximum of 10% of the quoted amount.
68.4
Partial cancellation and/or modification of a (Hospitality) service consisting of accommodation is possible as follows:
No-show / Early Departure
68.5
In case of No-show with regard to one or more originally reserved rooms, the Customer shall owe 100% of the reservation value.
68.6
Bij vervroegd vertrek ten aanzien van een of meer oorspronkelijk gereserveerde kamers is de Klant voor de eerste nacht 100% van de reserveringswaarde verschuldigd. Voor de tweede en volgende nachten is de Klant 90% van de reserveringwaarde verschuldigd.
69.1
The provisions of this Chapter I apply exclusively in the event of a reservation by a Customer for a student party (hereinafter: the “Student Party”).
69.2
The organization of the Student Party (hereinafter: the “Organization”) shall mean the person(s) who act(s) as the point of contact for Fletcher Hotels during the Student Party. Visitors (hereinafter: the “Visitors”) shall mean the Guests attending the Student Party.
70.1
Fletcher Hotels shall provide the Customer with an offer for (Hospitality) services in connection with a Student Party, based on the Customer’s wishes.
70.2
In deviation from Article 3.1, the (Hospitality) agreement is concluded upon acceptance of the offer by the Customer and receipt by Fletcher Hotels of a deposit of € 2,500.00.
70.3
The (Hospitality) agreement for a Student Party may concern the rental of the venue (indoor/outdoor spaces) and/or the provision of meals and beverages, or the provision of support for external catering.
71.1
Fletcher Hotels shall make the venue, i.e. all spaces specified in the offer, available to the Customer at the time indicated in the offer and shall ensure that the Customer can (have) all necessary preparations carried out. Fletcher Hotels will not charge for the consumption of gas, electricity and water, unless otherwise stated in the offer.
71.2
The Customer and/or the Visitors and/or the persons hired by the Customer for activities related to the Student Party (in the broadest sense of the word) shall treat the venue with respect. This means, among other things, that no drilling or nailing may be done in ceilings, floors, walls, frames or doors when placing decorations, and that adhesive tape residues must be removed by the Customer after the Student Party. Any decorations must be provided with a fire-resistance certificate and must be approved by Fletcher Hotels.
71.3
The use of fireworks, sparklers, confetti cannons, water guns, and gas cylinders is prohibited. In the event of a violation of this prohibition, the Customer shall owe Fletcher Hotels an (additional) cleaning fee of € 350.00, without prejudice to Fletcher Hotels’ right to claim additional compensation for damages.
72.1
The provisions of this Article 72 are an elaboration of Article 5.3. Articles 4.4, 5.4, 5.5, 6 and 54 apply mutatis mutandis, it being understood that in Article 54, “Sports Team” shall be read as “Visitors” and “Leadership” shall be read as “Organization.”
72.2
The Customer shall ensure that an appropriate liability insurance policy is taken out with a reputable insurer in connection with the Student Party. The Customer shall, upon first request, provide Fletcher Hotels with a copy of the policy.
72.3
Fletcher Hotels reserves the right to reduce the volume of the sound equipment if statutory noise limits are exceeded. The Customer indemnifies Fletcher Hotels against any fines imposed on Fletcher Hotels due to exceeding statutory noise limits.
72.4
Visitors are not permitted to take drinks into spaces outside the room(s) in which the Student Party is held.
73.1
The provisions of Article 8 apply mutatis mutandis.
74.1
The provisions of Article 55 apply mutatis mutandis, it being understood that “Sports Team” shall be read as “Visitors.”
75.1
Depending on the number of Visitors, Fletcher Hotels shall provide 2 or 3 professional security guards, as further specified in the offer.
75.2
Any instructions from the security guards must be followed at all times by the Customer, the Organization, and the Visitors.
76.1
One month prior to the Commencement Date of the (Hospitality) agreement, the Customer shall pay Fletcher an advance of 100% of the quoted amount.
76.2
The final invoice for the (Hospitality) service provided by Fletcher shall be paid by the Customer within fourteen days of the invoice date.
76.3
The provisions of Articles 10.10 through 10.13 apply mutatis mutandis.
Last amended on: September 18, 2025