Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
As soon as a kitchen, a bar and guests staying overnight are added, the risk profile of a leisure business changes fundamentally: fire starts indoors, and food and drink bring their own liability.
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This page is about businesses that combine accommodation, entertainment and hospitality: hotels, guest houses, restaurants on a park, beach pavilions, group accommodation with its own kitchen and attractions with a catering function. What sets it apart from an ordinary leisure business is the kitchen. Grease, naked flames and extraction ducts are the biggest cause of fire in this sector, and insurers set concrete prevention conditions against them.
You also supply a product that people eat and drink. If a guest contracts food poisoning, product liability under Article 6:185 of the Dutch Civil Codecomes into play: as a producer you are liable for a defective product, regardless of blame. That is a different standard from the duty of care test that applies to a defect on the site, and it calls for a demonstrable HACCP plan with temperature records.
Overnight accommodation also brings its own obligations: fire alarm system, escape routes, cloakroom and guests' property in the room. Those fall within care, custody and control and call for an express extension, not a standard policy.
Every sector carries its own risks. We translate those into cover that genuinely fits what you do day to day, rather than a standard package that just happens to apply to your business too.
Sectors
Tailored
CoverThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
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Four points that make the difference between a policy that pays out and one that does not.
Insurers almost always link fire cover for a commercial kitchen to prevention requirements: periodic cleaning of the extraction duct with a certificate, a fire blanket and firefighting equipment in the right place, thermal protection on the fryer and an inspected installation. If you cannot produce the cleaning certificate after a fire, that is an independent ground for limiting the payment. Keep those certificates with the policy.
In a power cut or with a faulty cold room, stock is lost and you sometimes have to close. Spoilage is not automatically part of goods cover. It is a separate extension, often with a requirement that the refrigeration has an alarm. Combine it with business interruption cover, because the closure that follows costs more than the stock thrown away.
If you serve alcohol, an incident will be assessed against your duty of care: continuing to serve a visibly drunk guest, supervision on the terrace and on the way out. That touches both public and employers' liability through Article 6:162 of the Dutch Civil Code and liability for the conduct of your staff through Article 6:170 of the Dutch Civil Code. Put house rules and instructions to serving staff in writing.
The following are generally outside the cover: fire damage in the kitchen without an up-to-date cleaning certificate for the extraction duct; theft from hotel rooms without forced entry or without use of the safe; spoilage through refrigeration switched off unnoticed; fines from regulators after a food safety or alcohol licensing inspection; and loss of turnover through a negative review or a temporary closure without physical damage.
This is what people ask us most.
As the producer of the meal you can be liable under Article 6:185 of the Dutch Civil Code for a defective product, even without blame. A demonstrable HACCP plan with temperature records and use-by checks is then your main defence, and at the same time a condition insurers impose. Without records it is hard to show that the defect did not arise with you.
Guests' property is not yours and falls under care, custody and control, which is excluded as standard. It can be included with its own maximum, often tied to the requirement that a safe is available and that theft involves signs of forced entry. Arrange this expressly if you also offer a cloakroom or luggage storage.
Business interruption cover then carries the fixed costs and the gross profit lost, within the indemnity period chosen. At a combined accommodation and hospitality business bookings run far ahead, so allow a generous period and take the seasonal pattern into account. Additional costs of operating temporarily elsewhere can be included separately.
For liability, yes: the terrace forms part of the site you manage and falls under the buildings liability in Article 6:174 of the Dutch Civil Code. For physical cover you have to declare furniture, parasols, windbreaks and patio heaters separately, because they are outside and vulnerable to storms. If they are missing from the policy, that damage remains for your own account.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
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Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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