Sunny Cars Nederland (hereinafter: Sunny Cars) is based in Hoofddorp, the Netherlands, and is part of the German company Sunny Cars GmbH. Sunny Cars GmbH was founded in 1991 in Munich and has grown into one of the largest independent European car rental intermediaries.
Article 1: Sunny Cars is an intermediary/broker
a) Sunny Cars is a representative of its partners (car rental agencies) that acts as an intermediary in making reservations for rental cars under highly favourable conditions.
b) Sunny Cars is not, however, a rental agency; it will not be a party to the final rental agreement concluded between you -- the renter -- and the rental agency.
c) The definitive rental agreement will be concluded directly between yourself and the car rental agency at the location at which the car is made available to you.
d) The renter can only make use of the service of the rental agency with a voucher issued by Sunny Cars in accordance with the agreed reservation and terms and conditions. Together with the voucher, you will receive an information sheet stating the most important terms and conditions of the rental agency. However, no rights can be derived from this information sheet.
e) Your rights and obligations in relation to the rental car will be laid down in the rental contract and the general terms and conditions of the rental agency concerned.
f) You will be deemed to have read or at least to be aware of the terms and conditions that apply to the rental agreement before signing it. We therefore expressly advise that you carefully read through the aforementioned terms and conditions of the rental agency before signing the rental agreement at the rental agency.
g) The rental fee and any other costs must always have been paid into one of the accounts of Sunny Cars before the local rental agreement can be concluded at the location. The voucher will be issued after payment has been made. If you made the reservation with us via a travel agency, and if the travel agency subsequently fails to make the payment, neither Sunny Cars nor the rental agency will be obliged to perform the rental agreement. If the travel agency goes into liquidation and it participates in the Travel Compensation Fund (Stichting Garantiefonds Reisgelden, SGR), a claim can be made against that fund provided a package tour is involved.
h) The rates and prices indicated by Sunny Cars are in euros.
Article 2: Changes in price and terms and conditions, rental period
a) All prices apply at the time at which the reservation is made. Prices and conditions are subject to change at any time and without prior notification. These changes will not apply to reservations confirmed previously with a voucher, unless such changes are the result of amendments to the terms and conditions and/or changes in taxes/local costs beyond the control of Sunny Cars, as a result of which Sunny Cars deems that it has no alternative but to charge these additional costs or price increases on to the customer.
b) The rental period will be calculated in 24 hour blocks starting at the recorded time of arrival/receipt of the car. This means that on the day of departure/the day that the car is to be handed over, the car must be returned by no later than this point in time. If the car is returned late, local rates and conditions will apply which are beyond the control of Sunny Cars.
c) The minimum car rental period will be one day, whereby one day will be regarded as an uninterrupted 24 hour period, with due regard for the times between which you can collect the car, the moment at which that period commences, and the time at which you can return the rental car.
Article 3: Calculation of prices
For general information on rates, please refer to our reservations department or our website. The starting date of the rental period will be a decisive factor in determining the rental fee for the entire period, subject to the possible rate and price adjustments referred to in Article 2. One-way bookings in which the car is collected at one car rental centre and returned to a different rental centre may entail surcharges that are specified when the reservation is made and must be paid at the location. Finally, the rental fee will not include local levies (e.g. tolls, road vignettes, parking fees, etc.) unless stated otherwise by the rental agency.
Article 4: Reservation by category of car
Reservations can only be made by category and not by model/make. The models/makes merely serve as examples of the cars included in the category concerned. Sunny Cars and the rental agency reserve the right to provide a different type or make of car from the same category or a higher category in the event that the category reserved is not (or no longer) available.
Article 5: Options on reservations
An option on a reservation will be valid for five working days, starting on the day on which Sunny Cars confirmed the reservation. If the option is not withdrawn before the time stated, the reservation will be finalised. This means that the cancellation charges as described below will apply. The option arrangement does not apply to last-minute reservations that are made five or fewer working days prior to the commencement of the rental period. For last-minute reservations that are made five or fewer working days prior to the commencement of the rental period, the option period lasts for 24 hours after confirmation of the reservation, after which the reservation becomes final and the cancellation charges as described below apply. If the rental period takes effect within 24 hours of the reservation being made, an option period of up to 4 hours prior to the agreed commencement of the rental period applies, after which the reservation becomes final and the cancellation costs as described below apply.
Article 6: Cancellation of reservations
a) Orders, agreements and arrangements will be binding on Sunny Cars following confirmation with a reservation number. We must be informed of cancellations directly and immediately in writing, with the date and time of receipt of this being decisive.
b) Reservations may only be cancelled without charge on the day (date) on which the reservation was finalised (see also Article 5). The charge for cancellation up to 5 days before the commencement of the rental period is €25; the charge for cancellation within 5 days to 24 hours of the commencement of the rental period is €50. Within 24 hours prior to the commencement of the rental period (and also in the event of no-show), the full rental fee must be paid and no refund will be given, regardless of any commitment made by the local rental agency or its representative.
c) The cancellation charge before departure will only be redeemable by taking out the FlexService during the reservation or in the option period. The costs of the reimbursement using this FlexService are €1 per day with a minimum of €7, as a result of which reservations may be cancelled at no charge up to four hours before the start of the rental period without having to give reasons. In the event of cancellations made less than four hours before the start of the rental period, the full rental fee including reservation charges will be owed and no refund will be given.
Article 7: Change/extension, early return
a) Requests to extend the rental period at the rates offered by and under the terms and conditions of Sunny Cars must be submitted to Sunny Cars no later than 24 hours before the end of the original rental agreement as stated in the voucher and during the opening hours of the Sunny Cars reservations department (on condition of adequate availability from the local rental agency). If the extension is not arranged via our reservations department, local rates and conditions may apply which are beyond the control of Sunny Cars. Any extension of the rental period stated in the voucher that is not effected through the intermediation of Sunny Cars will negate the terms and conditions, rights and insurance entitlements agreed upon reservation.
b) Changing the reserved category of car at the local rental agency will be subject to the local rates and terms and conditions.
c) No refund will be given if the car is returned earlier or collected later than the time specified on the voucher or if no use at all is made of the rental car, regardless of any commitment by the local rental agency or its representative.
d) All changes in relation to the reservation such as flight details, arrival time or accommodation must be reported to the Sunny Cars reservations department as soon as possible. In the event of failure to do so, no guarantee can be given for the availability or the timely issue of a rental car. If the flight number is not known, or if the indicated flight number is changed and the rental agency is not informed of this fact, the local rental agency will be entitled to rent the originally reserved car to another party from one hour after the planned pick-up time.
Article 8: Liability and complaints
a) As already stated in Article 1 of these terms and conditions, Sunny Cars only serves as an intermediary in making reservations for rental cars and is not a party to the final agreement concluded between you – the renter – and the local rental agency. Sunny Cars is therefore not liable for any shortcomings on the part of the local rental agency in the performance of the rental agreement.
b) With due observance of the provisions of Article 1 of these terms and conditions, Sunny Cars may only be held liable in the event that it has failed in the performance of its task as an intermediary and this failure can be attributed to a fault on the part of Sunny Cars, or Sunny Cars is deemed liable for this failure by virtue of legislation, legal proceedings or current legal opinion.
c) Any liability for damage referred to under b) on the part of Sunny Cars is limited to a maximum of the rental fee stated in the reservation documentation.
d) Sunny Cars will furthermore not be liable for reservations that cannot be effected for reasons attributable to the renter/driver or third parties. Such reasons include not being able to present a valid (original) driving licence or identification or presenting a driving licence that does not comply with the conditions of the rental agency, as well as failure to observe the minimum or maximum age of the driver and refusal or inability to pay the security deposit (see also the information sheet enclosed with the voucher).
e) The renter will at all times be obliged to inform Sunny Cars of problems or complaints in order to give Sunny Cars the opportunity to find a suitable solution. If the renter fails to comply with the above, the renter will forfeit any rights to compensation or a refund.
f) Complaints must be submitted by the renter in writing, accompanied by a copy of the local rental agreement and proof of payment, no later than one month after the end of the rental period stated on the invoice and/or voucher. In handling complaints, Sunny Cars will act as an intermediary between the renter and the rental agency. Premiums for voluntary insurance policies taken out at the local rental agency will under no circumstances refunded by Sunny Cars. Furthermore, Sunny Cars accepts under no circumstances accept responsibility for these insurance policies or any others taken out at local rental agency. If an alternative insurance policy offered by the local rental agency is accepted without the intervention of and/or without informing Sunny Cars, the premium cannot later be claimed back from Sunny Cars. Sunny Cars is also not liable in this regard.
g) If the car has technical defects or cannot or should not be used for other reasons, you must contact the local rental agency immediately. Where applicable, the local rental agency must grant permission for repairs, roadside assistance and/or replacement transport.
h) Furthermore, Sunny Cars will not be liable if the rental agreement cannot be performed, either wholly or in part, owing to military or civil conflicts, terrorist activities, natural or nuclear disasters, in accordance with the customary exclusions in travel insurance policies.
Article 9: Insurance
a) Sunny Cars will always arrange all risk insurance for your rental car. This all risk insurance consists of a loss damage waiver (LDW), a collision damage waiver (CDW), theft protection (TP) as well as cover for damage to glass (windows), tyres, undercarriage or undercarriage plate and the roof of the car. Moreover Sunny Cars offers free coverage for the excess, if applicable. N.B. in case of negligence or gross negligence, you yourself can be held liable, including for the excess.
The insurance coverage offered will include:
• CDW (Collision Damage Waiver): this type of insurance limits your liability to a certain amount of excess. If our partner does not normally cover the CDW excess at the local rental agency, you must – if damage is incurred – pay the amount of damage or excess to the local rental agency. Upon return, you then reclaim the amount in question from Sunny Cars.
• LDW (Liability Damage Waiver): you have a local third party liability (TPL) policy that covers the damage to third parties and is possibly supplemented by a TPL Extra policy. Many car rental agencies offer unlimited TPL cover. If the TPL cover amount is less than €7.5 million, Sunny Cars will take out a TPL Extra policy for the car with Allianz, which will top up the cover to at least €7.5 million. You can invoke the TPL Extra coverage if a third party submits a claim against you and the standard coverage amount as included in the rental agreement of the local rental agency is insufficient to cover the damage. If you have to invoke the insurance, submit your claim directly – without our intervention – to the insurance company Allianz Deustchland AG, DG Südwest, Theodor-Stern-Kai 1, 60596 Frankfurt. Tel.: +49 (0)69 96 24 93 18 05 / Fax: +49 (0)1802 40 01 02. The terms and conditions and the relationship between insurer and insured are subject to German law. If desired, you can obtain the complete German terms and conditions from Sunny Cars.
• TP (Theft Protection): covers the theft of the rental car on the condition that the key can be presented. If our partner does not normally cover the TP excess at the local rental agency, you must – if damage is incurred – pay the amount of damage or excess to the local rental agency. Upon return, you then reclaim the amount in question from Sunny Cars.
• In isolated cases, additional insurance will have to be taken out at the local rental agency for cross-border use, the costs of which must be paid at the local rental agency. You can usually find more information about this in the information sheet enclosed.
b) To submit a claim for reimbursement of the excess or window, tyre, undercarriage and roof damage, you must download the declaration within a month of return from www.sunnycars.nl under Contact and then under Customercare. You can then submit the completed and signed form together with the supporting documents to the Sunny Cars Customercare department, Saturnusstraat 17B, 2132 HB Hoofddorp, or to firstname.lastname@example.org
Article 10: Renter damage liability
a) Unless otherwise indicated in the statement of damage drawn up upon receipt of the rental car, the renter will be deemed to have received the vehicle without any visible faults or damage.
b) Sunny Cars will assume that you will treat the rental vehicle as befits a good renter (i.e. as if it were your own property). All renters will be deemed to have read or at least to be aware of the terms and conditions that apply to the rental agreement before signing them. We refer you in this regard to Article 1 of these General Terms and Conditions.
c) The renter will be liable for all damage caused as a result of any incident that occurs during the rental period or that otherwise relates to the rental of the vehicle. The renter’s liability for damage will, for each damage incident, be limited to the excess payable, including in case of vandalism. Sunny Cars offers free coverage for this excess, except in cases as indicated under e). However, the renter will be fully liable, including for the excess, if the damage can be attributed to fault on the renter’s part (i.e. gross negligence).
d) The local rental agency may charge you for the excess under the CDW, TP and glass, tyre and undercarriage insurance. Sunny Cars will cover the damage or the excess in these cases as well. You must pay the damage to the local rental agency. Upon return, you can subsequently reclaim the amount concerned from Sunny Cars as described in Article 9(2).
e) In the following cases, however, the excess will not be refunded:
• damage caused by failure to observe the local rental agency’s general terms and conditions of rental;
• damage caused by driving on unsurfaced roads and/or roads or terrain not open to road traffic;
• damage to the crankcase;
• damage caused by filling up with the wrong type of fuel;
• damage caused by negligence;
• damage caused by an intentional act or gross negligence on the part of the renter or failure to observe the local traffic regulations;
• damage to the interior;
• damage to the car key or failure to hand in the key at drop-off (due to the key being forgotten, lost or stolen);
• damage caused by a driver not named in the rental agreement;
• damage caused by driving under the influence of drugs and/or alcohol;
• damage caused by driving the vehicle outside the permitted zones or driving outside the permitted countries;
• damage caused by terrorist activities, fire and natural disasters, and extreme weather conditions;
• damage caused by theft of private property left in the car.
f) Sunny Cars is not be liable for consequential damage (e.g. towing costs, hotel accommodation, telephone costs, taxi costs and costs of a replacement vehicle) or for the loss of private property.
g) In case of damage, a statement of damage or police report must always be drawn up. Additionally, the rental agency and Sunny Cars must be informed immediately.
h) Following on from the provisions of Article 10(e) of these General Terms and Conditions, Sunny Cars will in no way incur liability or be held liable for traffic violations committed by the renter, driver and/or co-renters and co-drivers, or consequences thereof, including traffic fines, driving bans, etc. Sunny Cars is likewise not obliged or required to mediate in the event of traffic violations and/or driving offences or to provide additional services such as obtaining information from the public authorities involved or from the local car rental agency.
Article 11: Security deposit
a) The renter will in all cases be asked at the local rental agency to provide a security deposit in the amount of at least a full tank of fuel and in some cases this amount plus the excess per occurrence of an insured peril. Additional deposits apply to some categories of cars. The amount or form of the deposit is described in the travel documents. Nearly all partners require that you present a valid credit card to cover this security deposit.
b) Failure to pay the deposit or to submit a valid rent voucher or a valid method of payment discharges Sunny Cars and the local rental agency from all their obligations. As a result, the renter will forfeit any claim to a refund of the rental fee by Sunny Cars.
Article 12: Local costs
All extras agreed on at the local rental agency e.g. voluntary insurance policies, out-of-hour costs (i.e. collecting or returning the car outside opening hours), surcharges (e.g. young drivers or second and additional drivers not specified at the time of reservation) or reserved accessories (e.g. child seats) will be exclusive of local taxes and must be paid at the local rental agency. The amounts indicated on the information sheet are always exclusive of local taxes. The rental car must be returned with a full tank of fuel, unless otherwise agreed in writing. If the renter fails to do so, the rental agency will make a claim or a further claim for the costs of the missing fuel, service costs and local taxes.
Article 13: Accessories
Bear in mind that in more southern countries in particular, baby/child seats often do not comply with our quality requirements. We therefore advise you to bring your own. Sunny Cars cannot guarantee the presence of and will not be liable for the lack of any accessories requested by you. If the defects or the absence of these accessories are attributable to the local rental agency (e.g. broken navigation equipment or snow chains that do not fit), you can claim repairs or a refund of the relevant costs at the local rental agency. If you cannot solve the problem, please contact Sunny Cars immediately and directly.
Article 14: Taking delivery of the rental car
At most airports you will find a desk of one of our partners, either in the arrival lounge or nearby. If this is not the case, a rental agency representative will normally be waiting to collect you or you will be taken to the premises of the rental centre by shuttle bus. On request, the rental car can be delivered, but only to a hotel or apartment with a reception desk, provided this was arranged when the reservation was made and has been confirmed by Sunny cars. In all cases, the renter is expected to check the rental car for any damage when taking delivery of the car and to have any damage found recorded in the rental agreement.
Article 15: Minimum and maximum age and driving licence
a) In the majority of cases, the minimum age for renting a vehicle is between 21 and 25 years. Different ages may apply for certain categories of cars. In some cases, the renter may increase/decrease the age limit by paying a surcharge.
b) All drivers must have held a valid EU driving licence for a minimum of 1 year. In some countries, a longer period of driving experience is obligatory (see information sheet). In addition to a driving licence, a valid passport or other legally recognised identity document must always be presented upon issue of the vehicle.
c) In a number of countries, the rental agency may require drivers over a certain age to submit a health certificate. This will be specified in your information sheet.
Article 16: Disputes
a) The legal relationship between Sunny Cars and the renter will be governed by Dutch law. Disputes must be submitted to the Dutch court. All rights of action will expire one year after the end of the rent period, or at least within one year after the reservation is made/service is provided by Sunny Cars.
b) The legal relationship between the renter and the rental agency will be governed by the law of the country in which the renter took delivery of the rental car. Disputes between you – the renter – and the local rental agency must also be submitted to the court of the country in which the renter took possession of the rental car. Departures from the applicable law and the competent court may, however, be laid down in the agreement concluded with the local rental agency or in the general terms and conditions of the rental agency.
Version 1.6 – published 16 January 2013