General Terms and Conditions – Sunny Cars GmbH

1. We are brokers

Sunny Cars GmbH (hereinafter Sunny Cars) acts as a broker to procure leased cars for you from your contracting company (hereinafter referred to as "vehicle lessor" or "lessor"). The lease contract is signed between the customer, i.e. you, and the respective vehicle lessor on site. Sunny Cars is not a representative of the vehicle lessor. As a broker, Sunny Cars is responsible for providing you with accurate information and for procuring your reservation from a vehicle lessor, but not for the service which is to be performed by the lessor and insurer in connection with the lease contract for the vehicle.

2. Inclusive services

The prices of the vehicle lessors chosen by us include unlimited mileage, motor liability insurance in accordance with local provisions, comprehensive cover (Collision Damage Waiver), automobile theft insurance (Theft Protection), airport fees, airport taxes and all local taxes.

Costs, taxes, airport taxes and other fees for agreements regarding auxiliary services made by you in addition to the lease contract are not included in the prices.

The vehicles procured by us at the stated prices are automatically insured with motor liability insurance with a liability limit of at least EUR 7.5 million (see "Motor Liability Insurance" section).

In the event of damage or loss, Sunny Cars will, in certain situations, even reimburse your own contribution to 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 lessor (see "Prerequisites for the reimbursement of withheld deposits by Sunny Cars in case of damages" section).

Many of the vehicle lessors chosen by us also include additional drivers in the price. For detailed information about this as well as about your respective destination, please contact your travel agent or Sunny Cars.

3. Due date of our invoices, price calculation, price changes

Our invoices are due for payment upon receipt. A later due date is expressly stated in the respective invoice. Our prices are stated in euros. The minimum lease period is normally 3 days. Single days can be booked for many destinations. The price calculation is dependent on the date of the lease. The price calculation for single days is dependent on the respective country. As a rule, single days are charged at 1/5 or 1/4 of the weekly price. Additional days are generally charged at 1/7 of the weekly price. The cost for 5–7 days is generally the same as the weekly price.

Notwithstanding the abovementioned calculation scale, the following calculation scale applies for North America:

•   1 day = weekly price ÷ 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

The calculation scale may be changed at any time without prior notice.
Please enquire about the exact price calculation and the final price when making your reservation.

All prices are calculated in a 24-hour cycle starting from the time when the vehicle is issued. This means that vehicles must be returned on the return day (generally to the location at which they were issued, unless otherwise agreed with the vehicle lessor) at the latest by the same time at which they were issued. In the event of a late return, the vehicle lessor's local rates and conditions will apply, over which we have no influence. Verbal agreements made on site between the customer and the vehicle lessor are not binding for Sunny Cars. Any additional costs arising in this connection must be borne by you and you will be invoiced directly for these costs by the vehicle lessor.

All prices are valid at the time of your enquiry. Prices or conditions may be changed at any time and without prior notice for reservations which have not yet been confirmed by Sunny Cars by the sending of a voucher/lease vehicle coupon.

4. Reservations by vehicle category

Reservations and confirmations apply to a particular vehicle category, not to a certain vehicle model. The lessors maintain fleets of vehicles with various models having similar size and equipment.  Therefore the lessors 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 from Sunny Cars a voucher/lease vehicle coupon and a data sheet containing important information about the lease. If you have not received these documents shortly before your departure, please inform your travel agent or Sunny Cars immediately.

6. Changing a reservation

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 lease through your travel agent or at Sunny Cars. Otherwise, invoicing will be done at the local rates and under the conditions of the vehicle lessor, 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 lessor. No claims to reimbursement may be made in the event of early return, delayed acceptance or non-usage of the booked lease vehicle.

Please inform Sunny Cars without delay of any changes affecting your lease vehicle booking (arrival time, type of issue, location of issue, etc.). If we have not been made aware of any such changes at least 12 hours before the confirmed issue of the vehicle, we will not 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: 0049 (0) 89 82 99 33 66 or email: info@sunnycars.de — these will be considered as cancellations in written form). Other methods of cancellation, e.g. through travel agencies or at the lessor's premises, will not be recognised.

Cancellation fees are as follows:

•   up to 5 days before the lease date: EUR 25 (CHF 50 for bookings made from  Switzerland)
•   starting from 4 days before and up to the lease start date: EUR 50 
    (CHF 100 for bookings made from Switzerland)

Cancellation after the start of the lease is not possible; the vehicle lease cost as per the reservation will be payable. You are, however, entitled to provide evidence that little or indeed no damage at all 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 lease. Cancellation after the start of the lease is not possible. The cancellation insurance costs EUR 0.50 (CHF 1 for bookings made from Switzerland) per day of the lease with a minimum charge of EUR 3.50 (CHF 7 for bookings made from 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

Should any problems arise with the booking on site, you must contact your travel agent or Sunny Cars immediately, in order that we can provide assistance and ensure that 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 the lease of a replacement vehicle becomes necessary, Sunny Cars will bear the additional costs incurred for this, but only for the lease of a vehicle from 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. 9:00 a.m. - 8:00 p.m.; Sat./Sun. & holidays 10:00 a.m. - 6:00 p.m.; Christmas Eve 9:00 a.m. - 2:00 p.m.; Christmas holidays 11:00 a.m. - 4:00 p.m.

If the customer fails to inform Sunny Cars of an erroneous booking or similar, Sunny Cars will be under no obligation to reimburse damages which could have been avoided had Sunny Cars been notified as soon as possible. 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 lease vehicle is in most countries between 21 and 25, and may be even higher for higher categories of vehicles. At 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 on site along with a valid passport or form of personal identification when signing the vehicle lease contract.

Please note: Driving licences of the former GDR are no longer accepted everywhere. Please enquire about which conditions apply in your case when making your reservation.

11. Special accessories/extras

Roof racks, child seats, snow chains, GPS, etc. can be requested for many locations. Regarding the charges or country or airport fees for these extras which you must pay additionally on site, please enquire with your travel agent or Sunny Cars; such additional costs which are to be borne by you are not included in our prices. Please note that, especially in southern European countries, the required safety standard for child seats is not the same as the standard customary in Germany. We recommend that you bring your own seats for children and babies if possible.

12. Lease contract, issue of the lease vehicle

In order to receive your vehicle from the vehicle lessor, you must hand over to the lessor the voucher/lease vehicle coupon which we sent you and also sign a lease contract with the lessor. Read the lease contract through carefully before signing and keep a copy.

Check the vehicle for damage on issue and ensure that any damage is noted in the lease contract, in order to avoid any problems upon returning the vehicle. If the vehicle does not correspond with your reservation or you discover any defects or damages, please complain immediately on site at the time of issue. Subsequent complaints cannot be recognised.

13. Refuelling

Please take careful note of the refuelling regulations (issue/return) stipulated by the vehicle lessor; these regulations are also contained in the lease contract of the vehicle lessor.

14. Deposit

Upon collection of your lease vehicle, many vehicle lessors require the payment of a deposit. Many vehicle lessors require that this be paid by credit card, although payment by 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 the reimbursement of withheld deposits through Sunny Cars in case of damages

If you are involved in an accident or your lease vehicle is damaged or stolen, the lessor will withhold your deposit to the amount corresponding to the damage to your lease vehicle which will not be paid for by the vehicle comprehensive cover insurance (= own contribution). You can enquire about the amount of your own contribution 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/lease vehicle coupon (see the item: Information on the amount of your own contribution 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 lessor 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 lessor and yourself and must be presented to Sunny Cars without delay together with a copy of the lease contract from the vehicle lessor.

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 the damages to the lease vehicle resulting from a criminal offence or a summary offence.

If the lessor 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:

Bayrische Hypovereinsbank
BLZ.: 70020270
Kontonummer: 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 lease 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 damages to the car keys or vehicle papers.

d) Damages to the oil sump of the lease vehicle.

e) If there are legal proceedings pending against you due to damages to the lease 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 damages to your lease vehicle cannot be settled under the conditions of the motor insurance purchased for the vehicle. Therefore, please ask the vehicle lessor 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 lease vehicle was incorrectly refuelled.

16. Motor liability insurance

With many vehicle lessors, the insured sum of the motor liability insurance is unlimited. If the liability limit is less than EUR 7.5 million, Sunny Cars will purchase additional motor liability insurance from Allianz Versicherung AG with an insured sum of EUR 7.5 million. The additional motor liability insurance covers all claims for damages which exceed the limit of the existing motor liability insurance for the lease vehicle, up to an insured sum of EUR 7.5 million. Settlement of the claim is initially handled by the local motor liability insurance of the respective vehicle lessor, which in case of insufficient coverage of the local insurance contacts Allianz Versicherung AG or Sunny Cars directly. We will be happy to send you the full version of the "General Conditions for Motor Insurance" as well as the special conditions for additional motor liability insurance by post, email or fax.

17. Liability

Sunny Cars accepts no liability for claims arising from the lease contract concluded with the vehicle lessor. Sunny Cars also accepts no liability for the leased 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 lease of the booked vehicle fails to take place on site for reasons that can be attributed to the lessee or the vehicle lessor 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 lessor'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 lessor 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 lease vehicle. This also applies to damage 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 hotel, telephone, taxi, or for the leasing of a replacement vehicle, damages 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 foreseeable damage 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 abovementioned 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. Applicable law

Your contract with Sunny Cars is subject to German law, as long as there are no compelling legal reasons which prevent this.

19. Miscellaneous

Should any provision of these General Terms and Conditions become ineffective in full or in part, this does not affect the validity of the remaining provisions.
The fully or partially ineffective provision must be replaced by a provision - if necessary, determined by a judge - which comes as close as possible to the intended purpose of the fully or partially ineffective provision, after due consideration of all factors which caused the ineffectiveness of the original provision.

Last updated: January 2013