General Terms and Conditions
1. Definitions and applicability
1.1 In these General Terms and Conditions, the following definitions apply:
General Terms and Conditions: these General Terms and Conditions.
Safaritents: Safaritents supplied and installed by SAFARILODGETENT for the benefit of the Buyer, including interior and accessories.
Buyer: any natural person or legal entity with whom SAFARILODGETENT enters into an Agreement.
Agreement: any agreement between SAFARILODGETENT and the Buyer relating to goods and or services to be supplied by SAFARILODGETENT.
Parties: SAFARILODGETENT and the Buyer jointly.
SAFARILODGETENT: the private limited company Vodatent B.V., established at Aston Martinlaan 41, Oud-Beijerland, operating under the names SAFARILODGETENT and Vodatent.
1.2 These General Terms and Conditions apply to every offer, quotation, request, and Agreement between SAFARILODGETENT and the Buyer.
1.3 Deviations from these General Terms and Conditions are only valid if agreed in writing between SAFARILODGETENT and the Buyer.
1.4 The applicability of the Buyer’s general terms and conditions is expressly rejected and is not binding on SAFARILODGETENT.
1.5 If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the remaining provisions shall remain in full force and effect. SAFARILODGETENT and the Buyer shall then consult to agree on new provisions to replace the null or annulled provisions, observing as much as possible the purpose and intent of the original provisions.
1.6 SAFARILODGETENT has the right to unilaterally amend these General Terms and Conditions. Such amendments shall enter into force on the announced effective date.
2. Formation and content of the Agreement
2.1 All quotations and offers issued by SAFARILODGETENT are without obligation, unless expressly agreed otherwise in writing, and are valid for a period of 30 days. SAFARILODGETENT is only bound by a quotation or offer if the Buyer has accepted it in writing within the specified period. Acceptance may also be given digitally by means of a confirmation email.
2.2 If the acceptance deviates from the quotation or offer issued by SAFARILODGETENT, no Agreement shall be formed unless the Parties agree otherwise in writing.
2.3 The Buyer is not permitted to accept only parts of a quotation or offer from SAFARILODGETENT, and SAFARILODGETENT is not obliged to perform only parts of a quotation or offer.
2.4 The provisions of the Agreement shall always prevail over the provisions of these General Terms and Conditions.
2.5 The Buyer is not permitted to transfer the rights and obligations arising from the Agreement to a third party without the prior written consent of SAFARILODGETENT.
2.6 Any model, drawing, or example shown by SAFARILODGETENT is for indication purposes only, and the Buyer cannot derive any rights from it unless the Parties have agreed otherwise in writing.
3. Performance of the Agreement
3.1 The Buyer shall ensure that all information indicated by SAFARILODGETENT as necessary for the performance of the Agreement, or which the Buyer reasonably should understand to be necessary, is provided to SAFARILODGETENT in a timely manner.
3.2 The Buyer is responsible for applying for and timely obtaining the required permits in connection with the performance of the Agreement.
3.3 If, during the performance of the Agreement, it appears that proper performance requires modification or expansion of the Agreement, the Agreement shall be modified or expanded at the first request of SAFARILODGETENT. The Buyer agrees that such modification or expansion may result in an adjustment of the agreed price and the agreed term for performance.
3.4 If the Agreement is performed in phases, SAFARILODGETENT has the right to suspend the performance of a subsequent phase until the Buyer has approved and paid for the preceding phase in writing.
3.5 SAFARILODGETENT has the right to have the Agreement performed in whole or in part by third parties.
3.6 Delivery times included in the Agreement are not fatal deadlines unless the Parties have expressly agreed otherwise in writing.
4. Prices and payment
4.1 The prices stated in the quotation, offer, and or Agreement are in euros and exclude VAT and other government levies, as well as any costs to be incurred in connection with the Agreement, including travel and accommodation, shipping, and administrative costs, unless stated otherwise.
4.2 Payment must be made in a timely manner within 14 days of the invoice date, unless stated otherwise on the invoice.
4.3 If the Buyer wishes to cancel the Agreement in whole or in part, SAFARILODGETENT shall charge the following costs:
– within 2 weeks after formation of the Agreement: 20 percent of the order value;
– within 4 weeks after formation of the Agreement: 50 percent of the order value;
– from 4 weeks after formation of the Agreement and thereafter prior to delivery: 90 percent of the order value.
4.4 If the Buyer fails to meet its payment obligations in a timely manner, the Buyer shall be in default and statutory commercial interest shall be due to SAFARILODGETENT, whereby a part of a month shall be considered a full month. In addition, the Buyer shall be liable for all costs incurred by SAFARILODGETENT in connection with collection. These costs shall amount to at least 15 percent of the amount to be collected, with a minimum of EUR 500 excluding VAT.
4.5 Payments shall first be applied to settle due interest and costs and secondly to the oldest outstanding invoices, even if the Buyer states that the payment relates to a later invoice.
5. Delivery of the Safaritents
5.1 The Buyer is obliged to take delivery of the Safaritents at the agreed place and time.
5.2 Delivery of the Safaritents shall in all cases be Free Carrier (FCA), unless the Parties have agreed otherwise in writing.
5.3 The risk of Safaritents delivered to the Buyer shall pass to the Buyer at the moment the goods are loaded into the means of transport.
5.4 The Buyer is obliged to immediately inspect the Safaritents upon receipt for correctness and quantity:
– the Buyer signs the CMR upon receipt for delivery received in good order;
– the Buyer signs the packing slip after receipt to confirm completeness of the delivery. Missing parts must be reported to SAFARILODGETENT no later than 14 days after delivery. After that period, SAFARILODGETENT can no longer be held liable for incomplete delivery.
5.5 SAFARILODGETENT has the right to deliver the Safaritents in parts.
6. Complaints
6.1 The Buyer is obliged to notify SAFARILODGETENT in writing of any complaints regarding the performance of the Agreement within 8 days after discovery. After this period, SAFARILODGETENT shall no longer be liable for any shortcomings.
7. Warranty
7.1 The warranty period for the Safaritents supplied by SAFARILODGETENT is 24 months. This period commences after delivery and, if applicable, after installation of the Safaritents. After expiration of the warranty period, SAFARILODGETENT shall no longer be liable for any shortcomings of the Safaritents supplied by it. The warranty does not apply:
– to second-hand goods;
– in the event of improper use by the Buyer or failure to observe maintenance and safety instructions;
– if the Buyer has improperly installed the Safaritents itself or if the Safaritents have been improperly installed by third parties engaged by the Buyer;
– if the Buyer and or third parties have processed or modified the goods without prior written consent;
– as long as the Buyer fails to meet its payment obligations;
– if the Buyer removes names or trademarks affixed by SAFARILODGETENT or applies the name of another brand;
– if the defect is caused by circumstances beyond the control or actions of SAFARILODGETENT, such as vandalism.
7.2. In the event of a valid warranty claim, SAFARILODGETENT shall, at its sole discretion, choose between repairing the defect or replacing the goods.
8. Liability
8.1 Except in cases of intent or willful recklessness on the part of SAFARILODGETENT, the liability of SAFARILODGETENT is limited to what is stipulated in this article.
8.2 SAFARILODGETENT shall only be liable for direct damage. Direct damage shall exclusively mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as such determination relates to damage within the meaning of this provision.
8.3 SAFARILODGETENT shall not be liable for indirect damage, including consequential damage, business interruption, loss of profit and or losses suffered, missed savings, delay damage, and damage suffered by third parties. SAFARILODGETENT shall also not be liable for damage resulting from third parties engaged by SAFARILODGETENT.
8.4 Without prejudice to the foregoing, the liability of SAFARILODGETENT per event is limited to the amount covered by the liability insurance of SAFARILODGETENT. If, for any reason, this insurance does not provide coverage or payment, the liability of SAFARILODGETENT per event is limited to 10 percent of the invoice value of the Agreement, with a maximum of EUR 20,000, whereby the total liability of SAFARILODGETENT under the Agreement for all events combined is also limited to a maximum of EUR 20,000.
8.5 Any claim of the Buyer against SAFARILODGETENT on whatever grounds shall lapse after the mere passage of 6 months after delivery of the Safaritents.
8.6 The Buyer indemnifies SAFARILODGETENT against all claims of third parties that are the result of, arise from, or are related to the performance of the Agreement.
9. Force majeure
9.1 Force majeure means all circumstances, foreseen or unforeseen, occurring beyond the control or actions of SAFARILODGETENT that affect the fulfillment of obligations, including in any case, as reasonably determined by SAFARILODGETENT, unworkable construction weather, business disruptions, fire, burglary, sabotage, a general shortage of required raw materials, supplier default, weather conditions, government measures, war, road blockades, accidents, transport difficulties, delivery problems caused by third parties, and failure of automation or electricity.
9.2 In the event of force majeure, SAFARILODGETENT has the right to suspend performance of the Agreement for a period of up to 6 months or to terminate the Agreement in whole or in part, without being liable to pay any compensation to the Buyer.
9.3 If the force majeure situation lasts longer than 6 months, both Parties have the right to terminate the Agreement, without any obligation to deliver and or compensate for damages.
9.4 If, at the time the force majeure situation arises, SAFARILODGETENT has already partially fulfilled its obligations or can still partially fulfill them, SAFARILODGETENT has the right to invoice the performed and or still to be performed part separately, and the Buyer is obliged to pay such invoices.
10. Suspension and termination of the Agreement
10.1 SAFARILODGETENT has the right to suspend performance of the Agreement or to terminate the Agreement in whole or in part, without any notice of default or judicial intervention being required and without prejudice to all other rights of SAFARILODGETENT, in the following cases:
– the Buyer fails to comply with its obligations under the Agreement, fails to do so in full, or fails to do so in a timely manner;
– suspension of payments, bankruptcy, or partial liquidation of the Buyer, or if an application for bankruptcy or suspension of payments has been filed;
– SAFARILODGETENT can no longer reasonably be required to perform the Agreement under the originally agreed conditions and based on the information provided by the Buyer.
10.2 If the Agreement is terminated in whole or in part by SAFARILODGETENT, the claims of SAFARILODGETENT against the Buyer shall become immediately due and payable. In that case, the Buyer is obliged to compensate SAFARILODGETENT for the performances already rendered.
10.3 If the Agreement is cancelled in whole or in part by the Buyer, the Buyer is obliged to compensate SAFARILODGETENT for all costs already incurred and all damages suffered by SAFARILODGETENT, including loss of profit.
11. Governing law and disputes
11.1 Every Agreement between SAFARILODGETENT and the Buyer is governed by Dutch law. The applicability of all other laws and regulations, including the United Nations Convention on Contracts for the International Sale of Goods, is excluded.
11.2 All disputes between SAFARILODGETENT and the Buyer arising from or related to the Agreement shall be submitted in the first instance exclusively to the competent court of the District Court of Rotterdam.
Version: July 2025