General Terms and Conditions – Sunny Cars GmbH
1. We are brokers
Sunny Cars GmbH (hereinafter referred to as Sunny Cars) acts as a broker to procure hire cars for you from your contracting company (hereinafter referred to as "vehicle hire company" or "lessor"). The rental contract is concluded between the customer, i.e. you, and the respective vehicle hire company. Only the vehicle hire company, and not Sunny Cars, is responsible for providing you with the service detailed in the rental contract; Sunny Cars is not the provider of your rental car.
2. Inclusive services
The prices detailed by the vehicle hire companies represented by us include unlimited mileage, motor liability insurance in accordance with local regulations, fully comprehensive cover (Collision Damage Waiver), theft insurance (Theft Protection), airport fees, airport taxes and all local taxes as applicable at the time your receive your booking confirmation.
In rare cases, it is possible that new taxes or fees may be introduced or increased in the period between you receiving your booking confirmation and the start of the rental period (i.e. airport fees, airport taxes or other taxes). We have no influence on this and neither Sunny Cars nor the vehicle hire company selected by Sunny Cars can predict any increases or new taxes at the time of booking confirmation. In such cases, Sunny Cars has the right to ask you to pay these new or increased fees or taxes in addition to the price listed in your booking confirmation. If Sunny Cars exercises this right before the start of the rental period and takes payment for such fees or taxes, you have the right to cancel the vehicle hire contract within two weeks of the payment being requested by Sunny Cars and by the start of the rental period at the latest in writing (an email to email@example.com is considered sufficient). You will then immediately be refunded the payments you have already made to Sunny Cars; please make sure you provide your bank account details in your cancellation letter. You do not have the right to make any further claims on Sunny Cars or the vehicle hire company represented by Sunny Cars. Sunny Cars is solely responsible for providing proof of the right to raise prices in accordance with this section. If you do not exercise your right to cancel the contract, it will be assumed that you agree to the increase in price; in this case, Sunny Cars will be entitled to ask you for payment. If any additional payment is required, Sunny Cars will notify you in writing.
Any extra costs, taxes, airport taxes and fees for any arrangements made outside the rental contract for additional services are not included in the price.
The vehicles we arrange hire for at the stated prices are insured with motor liability insurance with a liability limit of 7.5 million euros (see "Motor liability insurance" section).
In the event of damage or loss, Sunny Cars will, in certain situations, even reimburse your excess for the comprehensive cover and automobile theft insurance, including in the event of damage to glass, the roof, tyres or the undercarriage, up to the amount of the deposit paid by you to the vehicle hire company (see "Prerequisites for the reimbursement of withheld deposits by Sunny Cars in case of damages" section).
Additional drivers are also included in the price for many of the vehicle rental companies we represent. Detailed information on this and your respective destination can be obtained from your travel agent or Sunny Cars.
3. Due date of our invoice, price calculations, price changes
Our invoices are due for payment upon receipt. If payment is due at a later date, this is specified in the respective invoice. Our prices are in euros. The minimum rental period is normally 3 days. Single days can be booked for many destinations. The price calculation is dependent on the rental date. The price calculation for single days is dependent on the respective country. Normally, single days are calculated at 1/5 or 1/4 of the weekly price. Multiple days are normally calculated at 1/7 of the weekly price. The cost for 5-7 days is normally the same as the standard weekly price.
The above mentioned calculation scale does not apply to North America, where the following calculation scale is applicable:
• 1 day = weekly price : 4.5 [Sinn unklar. Meinen Sie + 4.5?]
• 2 days = 2 x daily price
• 3 days = 3 x daily price
• 4 days = 4 x daily price
• 5-7 days = weekly price
• 8 days = weekly price + 1 x daily price
• 9 days = weekly price + 2 x daily price
• 10 days = weekly price + 3 x daily price
• 11 days = weekly price + 4 x daily price
• 12-14 days = weekly price x 2
This scale may be changed at any time without prior notice. Please enquire as to the exact price calculation and the final price when making your booking.
All prices are calculated in 24-hour periods starting from the time when the vehicle is picked up. This means that vehicles must be returned (normally to the same location where it was picked up unless other arrangements have been made with the vehicle hire company) by the same time it was picked up at the latest. If vehicles are returned later than this, the local rates and conditions of the vehicle hire company apply, over which we have no influence. Any additional costs incurred as a result must be borne by you and you will be invoiced directly for these costs by the vehicle hire company.
All prices are valid at the time of your enquiry. Prices and conditions for reservations not yet confirmed by Sunny Cars by the sending of a voucher/rental vehicle coupon may be changed at any time and without prior notice.
4. Reservations according to vehicle category
Reservations and confirmations apply to a specific vehicle category rather than vehicle model. Vehicle hire companies maintain fleets of vehicles with various models of similar size and equipment. Vehicle hire companies therefore reserve the right to provide you with a vehicle of similar or higher quality.
5. Travel documents
As confirmation of your reservation, you will receive a voucher/rental vehicle coupon and a leaflet detailing all the important information for your rental booking from Sunny Cars. If you have still not received your documents shortly before you travel, please inform your travel agent or Sunny Cars immediately.
6. Changes to reservations
If important booking details are changed, such as the rental start date or date of return, name of customer, location of pick-up/return, the respective current rental price shall apply. If there are any changes to the price compared to when the booking was originally made, the customer can either pay the new price or alternatively request a refund of all payments.
The extension of an existing reservation at the prices and under the conditions of Sunny Cars must be requested and confirmed at least 24 hours before the end of the rental contract through your travel agent or at Sunny Cars. Otherwise, invoicing will be carried out at the local rates and under the conditions of the vehicle hire company, over which we have no influence. Any changes that you may wish to make to the booked vehicle category on site will be made at the local rates and under the conditions of the vehicle hire company. No claims to reimbursement may be made in the event of early return, delayed acceptance or non-usage of the booked rental vehicle.
You should inform Sunny Cars of all changes affecting your rental car booking (arrival time, pick-up type, pick-up location etc.) without delay. If we are not informed of any changes at least 12 hours before the confirmed vehicle pick-up time, we will not be able to be able to guarantee that the changes to the reservation will be made in time.
7. Cancelling a reservation
Cancellations must be made in writing and must be received by Sunny Cars GmbH, Paul-Gerhardt-Allee 42, 81245 Munich, Germany, during office hours (fax: +49 89 8299 3366 or email: firstname.lastname@example.org — these will be considered as cancellations in written form). Other methods of cancellation, e.g. through travel agencies or at the hire company's premises, will not be recognised.
The cancellation fees are as follows:
• up to 5 days before the rental date: EUR 25 (CHF 50 for bookings made in Switzerland)
• starting from 4 days before and up to the rental start date: EUR 50 (CHF 100 for bookings made in Switzerland)
Cancellation after the start of the rental period is not possible; the vehicle hire cost as per the reservation will be payable. You are, however, entitled to provide evidence that little or indeed no damage was incurred.
8. Protection of the right to cancel
We recommend that you purchase our reasonably priced cancellation protection. This covers the costs of any cancellation not later than the start of the rental period. Cancellation after the start of the rental period is not possible. The cancellation insurance costs EUR 0.50 (CHF 1 for bookings made in Switzerland) per rental day with a minimum charge of EUR 3.50 (CHF 7 for bookings made in Switzerland). The cancellation protection must be purchased at the same time as the booking is made. Subsequent purchase is not possible. It is not necessary to provide a reason for the cancellation.
9. Booking errors and customer service
If you encounter any difficulties with your booking, you must contact your travel agent or Sunny Cars immediately so that we can help you and ensure your booking runs smoothly.
If you are unable to contact us outside of business hours in the event of an erroneous booking or non-availability of a reserved vehicle, you must endeavour to keep any damages incurred as a result of the erroneous booking as slight as possible. If you are required to hire a replacement vehicle, Sunny Cars will bear the additional costs incurred for this, but only for the rental of a vehicle in the same category as the vehicle originally booked with Sunny Cars. Sunny Cars must be informed of this immediately as soon as business hours resume. We are at your disposal 365 days a year at the following times:
Mon-Fri from 9 a.m.- 8 p.m., Sat/Sun and public holidays from 10 a.m. - 6 p.m., Christmas Eve from 9 a.m. - 2 p.m., Christmas holidays from 11 a.m. - 4 p.m.
If the customer fails to inform Sunny Cars of an erroneous booking or similar, he or she is liable for the additional costs incurred. The limitation of liability specified in the "Liability" section also applies to booking errors.
10. Requirements regarding driver’s age and driving licence
The minimum age for the driver of a rental vehicle between 21 and 25 in most countries, and may be even higher for higher categories of vehicles. In some destinations, the minimum age may be reduced by payment of an additional fee. Depending on the destination, there may also be a maximum age. The driver must have been in possession of a valid driving licence for category 3 or category B (European standard) or an equivalent driving licence for at least 1 year, in some countries 2 years, the original of which must be presented to the vehicle hire company on site along with a valid passport or form of personal identification when signing the vehicle rental contract.
Please note: driving licences issued in the former GDR are no longer accepted everywhere.
Please enquire as to which conditions apply in your case when making your reservation.
11. Special accessories / extras
Roof racks, child seats, snow chains, sat navs etc. can be requested in many locations. Please enquire as to whether any additional fees, country/airport taxes and fees are applicable for these extras by contacting your travel agent or Sunny Cars; any such additional costs are to be paid by you and are not included in our prices. Please note that the required safety standards for child car seats are not the same as in Germany, particularly in southern European countries. We recommend taking your own child and baby seats if possible.
12. Rental contract, handover of rental car
In order to pick up your car from the vehicle hire company, you must present the voucher/rental vehicle coupon we sent you, as well as sign a car rental contract for your hire car with the hire company. Read the rental contract through carefully and retain a copy for your records.
Check the vehicle when you pick it up for any possible damage and ensure any damage is noted down in writing in order to avoid any problems when returning rental car at the end of the rental period. If the vehicle does not correspond with your reservation or you discover any defects or damage, please complain immediately on site at the time of handover. Subsequent complaints cannot be recognised.
13. Tank regulation
Please take careful note of the tank regulation (pick-up/return) stipulated by the vehicle hire company; these regulations are also specified in the hire company’s rental contract.
When picking up your rental vehicle, many vehicle hire companies require the payment of a deposit. Many vehicle hire companies require this to be paid by credit card, although payment in cash may also be possible (sometimes in local currency). Please enquire about which conditions apply in your case when making your reservation.
15. Prerequisites for reimbursement of withheld deposit by Sunny Cars in case of damage
If you are involved in an accident or your hire vehicle is damaged or stolen, the vehicle hire company will withhold your deposit to the amount corresponding to the damage to your hire vehicle which is not covered by the vehicle comprehensive cover insurance (= excess). You can enquire about the excess amount at your travel agent or Sunny Cars or you can find this amount in the leaflet with important information which you received from us with the confirmation of your reservation together with the voucher/rental vehicle coupon (see the item: Information on the amount of excess for comprehensive cover protection (CDW) & automobile theft insurance (TP)).
In this case Sunny Cars will refund the retained portion of the deposit, including in the event of damage to the glass, roof, tyres or undercarriage (but not other costs such as towing charges, hotel costs, telephone charges, taxi charges, charges for replacement rental car hire, damage to or loss of personal belongings etc.), provided you comply with the conditions set out below and furnish Sunny Cars immediately with the following documents and also provided none of the grounds for exclusion cited below applies:
a) The vehicle hire company must be informed immediately.
b) If another party is involved in the accident or if your vehicle is stolen, you must contact the
Police, who will file a report. The police report must be presented to Sunny Cars upon your return.
c) You must either have a damage report prepared or prepare one yourself (if possible with photos); this report must be signed by the vehicle hire company and yourself and must be presented to Sunny Cars without delay together with a copy of the rental contract from the vehicle hire company.
d) Sunny Cars must also be presented with proof that the deposit has been paid, either by cash or by credit card.
e) You must provide Sunny Cars with your bank details.
f) If specifically requested, you must confirm to Sunny Cars in writing that no legal proceedings have been initiated against you due to damage to the rental vehicle resulting from a criminal offence or a summary offence.
If the hire company refunds the retained portion either in full or in part after Sunny Cars has refunded you in accordance with the aforementioned rules, you are required to reimburse Sunny Cars without being requested to by transferring the money to the following account:
Sort code: 70020270
Account no.: 38945335
IBAN: DE17 7002 0270 0038 9453 35
Sunny Cars will not reimburse a withheld deposit in the following cases:
a) Damages due to failure to comply with the conditions of the rental contract, in particular by driving on unsurfaced roads.
b) Damages caused by driving whilst intoxicated or other wilful or grossly negligent behaviour.
c) Loss or damage to the car keys or vehicle papers.
d) Damage to the oil sump or clutch of the rental vehicle.
e) If there are legal proceedings pending against you due to damages to the rental vehicle as a result of your having committed a criminal offence or a summary offence or if such proceedings have ended with the legal imposition of a fine or other penalty.
f) If the claim for damage to your rental vehicle cannot be settled under the conditions of the car insurance purchased for the vehicle. Please ask the vehicle hire company about these conditions and the related exclusions.
g) If the deposit is withheld because of the costs of salvaging the vehicle.
h) Loss or damage to the vehicle radio.
i) If the rental vehicle was incorrectly refuelled. Motor liability insurance
16. Car liability insurance
With many vehicle hire companies, the insured sum of the car liability insurance is unlimited. If the liability limit is less than EUR 7.5 million, Sunny Cars will purchase additional car liability insurance from Allianz Versicherung AG with an insured sum of EUR 7.5 million. The additional car liability insurance covers all claims for damages which exceed the limit of the existing motor liability insurance for the rental vehicle, up to an insured sum of EUR 7.5 million. Settlement of the claim is initially handled by the local car liability insurance of the respective vehicle hire company, which in case of insufficient coverage of the local insurance contacts Allianz Versicherung AG or Sunny Cars directly. We would be happy to send you the full version of the "General Conditions for Car Insurance", as well as the special conditions for additional car liability insurance by post, email or fax.
Sunny Cars accepts no liability for claims arising from the rental contract concluded with the vehicle hire company. Sunny Cars also accepts no liability for the rental vehicle itself. In this respect, the customer is restricted to his contract partner on site.
Sunny Cars accepts no liability in the event that the actual rental of the booked vehicle fails to take place on site for reasons that can be attributed to the lessee or the vehicle hire company and are not the responsibility of Sunny Cars. Such reasons may, for example, include: failure to present a driving licence or presentation of an expired driving licence, presentation of a driving licence which fails to meet the hire company's requirements with regard to validity, failure to observe minimum or maximum age regulations, non-compliance with the credit card requirement at some destinations (see "Deposit" section), the ability of the vehicle hire company to perform the service, e.g. due to insolvency (in the latter case, Sunny Cars will reimburse the lease price for the booked vehicle).
Sunny Cars accepts no liability for any items stolen from the rental vehicle. This also applies to damage to or loss of items due to an accident, as well as other costs which may be incurred as a result of an accident (towing charges, costs for hotels, telephones, taxis or for the hiring of a replacement vehicle, damage to or loss of personal belongings, etc.).
Otherwise, Sunny Cars will accept unlimited liability for claims for damages only in the event of wilful intent or gross negligence on the part of Sunny Cars. In cases of ordinary negligence, Sunny Cars will accept liability to an extent limited to the foreseeable damages typical to this type of contract only if Sunny Cars is in breach of an obligation, the fulfilment of which is of particular importance for achieving the aim of the contract (material contractual obligation). In the event that it is impossible to fulfil the contract due to reasons existing before the contract was signed, Sunny Cars will accept liability only if it was aware of this or if the lack of awareness was attributable to gross negligence.
The above-mentioned liability limitations/exclusions do not apply to damages for which Sunny Cars is responsible resulting from death, injury or damages to health.
In the event that the liability of Sunny Cars is excluded or limited, the same also applies to the personal liability of its institutions, employees, representatives and vicarious agents.
With the exception of claims for impermissible handling, claims for damages for which liability is limited according to the present "Liability" section will become time-barred after one year.
18. Claims against Sunny Cars
Any legal claims against Sunny Cars arising as a result of your rental car booking are subject to German law, as long as there are no compelling legal reasons which prevent this.
Should any provision of these General Terms and Conditions become ineffective in full or in part, this will not affect the validity of the remaining provisions.
The fully or partially ineffective provision must be replaced by a provision - determined by a judge if necessary - which comes as close as possible to the intended purpose of the fully or partially ineffective provision, following due consideration of all factors which caused the ineffectiveness of the original provision.
Last updated: October 2013