General rental terms and conditions of Sunny Cars Vermietungsgesellschaft mbH

1. Services of Sunny Cars Vermietungsgesellschaft mbH

Sunny Cars Vermietungsgesellschaft mbH is one of the leading companies in its segment of the tourism sector and provides travel services worldwide for satisfied customers. In addition to vehicle rental, the services packages of Sunny Cars Vermietungsgesellschaft mbH include extensive consultation on the selection of the ‘right’ rental vehicle for the customer, the simplest booking procedure and smooth vehicle collection and return as well as additional services to complete the enjoyable travel experience.

2. Vehicle rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the customer

Sunny Cars Vermietungsgesellschaft mbH and the customer enter into a rental agreement for a rental vehicle. By sending their booking data (including desired place of rental, desired category of vehicle and desired rental period), the customer submits a legally binding offer to enter into a rental agreement between themselves and Sunny Cars Vermietungsgesellschaft mbH. A rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the customer comes into effect when a voucher is sent to the customer together with the corresponding confirmation of the booking by Sunny Cars GmbH, which here acts as the legal commercial agent of Sunny Cars Vermietungsgesellschaft mbH with authority to contract.

3. Performance of the vehicle rental agreement and vehicle collection by the customer

3.1. To fulfil its obligation arising from the rental agreement between it and the customer (cf. section 2), Sunny Cars Vermietungsgesellschaft mbH makes use of a suitable vehicle fleet provider at the destination of the customer. To this end, Sunny Cars Vermietungsgesellschaft mbH rents a rental vehicle at the destination of the customer from the vehicle fleet provider selected by it by means of its own rental agreement (primary rental agreement). The vehicle rented by Sunny Cars Vermietungsgesellschaft mbH will be subleased by Sunny Cars Vermietungsgesellschaft mbH to the customer in question. At the same time as the rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the vehicle fleet provider at the destination of the customer is entered into, the (sub) rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the customer is finalised.

3.2. In the conclusion of the primary rental agreement with the vehicle fleet providers at the destination, the customer acts as an agent of Sunny Cars Vermietungsgesellschaft mbH. For this purpose, the customer receives with the voucher a power of attorney in their name entitling them to enter into the primary rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the vehicle fleet provider at the destination in the scope of the services specified in the voucher; this includes recognition of the general rental terms and conditions of the vehicle fleet provider. The customer therefore must hand over the voucher issued to them by Sunny Cars Vermietungsgesellschaft mbH to the vehicle fleet provider at the time they collect the vehicle.

3.3. Should the vehicle offered to the customer by the vehicle fleet provider at the destination not match the booking made by the customer or should the customer be convinced that the vehicle is not in a roadworthy condition, then the customer must make a complaint on this immediately to the vehicle fleet provider and, in parallel, by telephone to Sunny Cars Vermietungsgesellschaft mbH in order to fulfil their statutory duty to mitigate damage. Signs of usage existing at the time the vehicle is collected as well as damage to the vehicle are to be recorded in a written inspection report in order to exclude the possibility of the customer being blamed for causing them.

4. Validity of the general rental terms and conditions of the vehicle fleet provider at the destination

4.1. The customer must carefully read through the general rental terms and conditions of the vehicle fleet provider at the destination. The customer must clarify any questions on these terms and conditions with the vehicle fleet provider on site or with Sunny Cars Vermietungsgesellschaft mbH before signing.

4.2. By affixing their signature to the (primary) rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the vehicle fleet provider at the destination, the customer recognises the validity of the general rental terms and conditions of the vehicle fleet provider at the destination as binding also for the (sub) rental agreement entered into between them and Sunny Cars Vermietungsgesellschaft mbH.

4.3. Information from the vehicle fleet provider at the destination, in particular on the collection and return of the vehicle, the security (deposit) to be provided and costs for accessories to be paid for separately on site, can be found in a separate information sheet and will also form an integral part of the (sub) rental agreement.

5. Deposit

5.1. Sunny Cars Vermietungsgesellschaft mbH and the customer agree that the customer shall furnish security (a deposit) for the hire of the rental vehicle to the customer. For the sake of simplicity, the customer shall pay this deposit directly to the vehicle fleet provider at the destination.

5.2. The deposit is generally to be furnished through the presentation of a credit card; the depositing of a cash amount (partly in the national currency) is sometimes also possible. The customer shall be advised of which deposit is required in their case at the time that the (sub) rental agreement between them and Sunny Cars Vermietungsgesellschaft mbH is entered into.

6. Precondition for the reimbursement by Sunny Cars Vermietungsgesellschaft mbH of the deposit retained in the event of damage or loss

6.1. Should the customer be involved in an accident or should the rental vehicle be damaged or stolen, the vehicle fleet provider at the destination may in the circumstances retain the deposit furnished by the customer in the amount in which the fully comprehensive vehicle insurance does not compensate the damage to the rental vehicle (= excess). The customer can enquire about the amount of the excess in question from their relevant travel agency or from Sunny Cars Vermietungsgesellschaft mbH or refer to the rental terms and conditions and important information that is sent to the customer together with the voucher to confirm their booking (see there the point Information on the amount of the excess in fully comprehensive protection (collision damage waiver (CDW)) and vehicle theft protection (TP)).

6.2. In such cases, Sunny Cars Vermietungsgesellschaft mbH shall reimburse the customer the deposit that may have finally been retained also in the event on damage to glass, the roof, the tyres and the undercarriage (not, however, other consequential costs such as towing charges, hotel expenses, telephone charges, taxi fares, costs for renting a replacement car, damage to or loss of private effects, etc.) if the customer complies with the following conditions and submits the documents specified below to Sunny Cars Vermietungsgesellschaft mbH without delay and none of the exclusion criteria specified in section 6.3. are present:

a) The customer shall immediately inform the office of the vehicle fleet provider at the destination in the event of an accident, the theft of the rental vehicle or other damage to it;
b) If another party is involved in the accident or in the event of theft, the customer must call the police, who will issue a police report. The police report is to be submitted to Sunny Cars Vermietungsgesellschaft mbH without delay;
c) The customer, any other party involved in an accident or any witness must produce a damage report (if possible with photos). This damage report is to be signed by the vehicle fleet provider at the destination and by the customer and submitted to Sunny Cars Vermietungsgesellschaft mbH without delay together with a copy of the (primary) rental agreement between Sunny Cars Vermietungsgesellschaft mbH and the vehicle fleet provider at the destination;
d) Furthermore, proof of payment is to be submitted to Sunny Cars Vermietungsgesellschaft mbH documenting that the deposit was paid in cash or by credit card and has been retained by the vehicle fleet provider at the destination;
e) The customer must give its bank details to Sunny Cars Vermietungsgesellschaft mbH for the purposes of the reimbursement;
f) The customer must confirm to Sunny Cars Vermietungsgesellschaft mbH in writing upon separate request that no proceedings relating to the commission of a criminal or administrative offence have been initiated against them on account of the damage to the rental vehicle.

If the vehicle fleet provider at the destination pays back to the customer in full or in part amounts that were initially retained after Sunny Cars Vermietungsgesellschaft mbH has compensated the customer the amount retained pursuant to the above regulations, the customer is required to transfer the relevant repayment to Sunny Cars Vermietungsgesellschaft mbH, without being requested to do so, to the following bank account:

UniCredit AG
IBAN:       DE33700202700015538365    
BIC:          HYVEDEMMXXX              

6.3. Reimbursement by Sunny Cars Vermietungsgesellschaft mbH of the retained deposit is excluded in the following cases:

a) Damage resulting from failure to comply with the regulations of the (primary) rental agreement of the vehicle fleet provider, in particular by driving on unsurfaced roads;
b) Damage as a result of drink-driving or other wilful or grossly negligent behaviour;
c) Theft, loss or damage to the car key or vehicle documents;
d) Damage to the oil pan or to the clutch of the rental vehicle;
e) If there are legal proceedings pending against the customer on account of an event of loss involving the rental vehicle as a result of the commission of a criminal or administrative offence or if such proceedings have ended finally and absolutely with the imposition of a fine or other penalty;
f) If the settlement of the claim for damage to the rental vehicle is excluded pursuant to the terms and conditions of the car insurance taken out for the vehicle. On this account, the customer must get information from Sunny Cars Vermietungsgesellschaft mbH or the vehicle fleet provider at the destination about these terms and conditions and the related exclusions;
g) When and if the deposit is retained is based on costs for recovering the vehicle;
h) Loss of or damage to the car radio;
i) Misfuelling of the rental vehicle.

7. Services included

7.1. The services provided by Sunny Cars Vermietungsgesellschaft mbH to the customer pursuant to the (sub) rental agreement entered into by these parties include unlimited mileage, vehicle liability insurance in accordance with local regulations, fully comprehensive insurance (CDW), vehicle theft protection (TP), airport charges, airport tax and all local taxes at the time that the booking confirmation is issued.

7.2. In very rare cases, charges and taxes (i.e. airport charges, airport taxes or other taxes) can be subsequently introduced or increased in the period between the issue of the booking confirmation, i.e. the conclusion of the (sub) rental agreement, and the start of the rental. Sunny Cars Vermietungsgesellschaft mbH has no influence on these taxes nor is Sunny Cars Vermietungsgesellschaft mbH able to have predicted them at the time the (sub) rental agreement was concluded with the customer. In these rare cases, Sunny Cars Vermietungsgesellschaft mbH has the right to demand these subsequently introduced or increased charges or taxes from the customer in addition to the price shown in the (sub) rental agreement. If Sunny Cars Vermietungsgesellschaft mbH makes use of this right before the start of the rental and requests the payment of such charges or taxes, the customer has the right to declare in writing or electronically (e-mail to reservierung@sunnycars.de is sufficient) within two weeks of receiving the request for the increased amount from Sunny Cars Vermietungsgesellschaft mbH, however no later than by the start of the rental, that they are cancelling the (sub) rental agreement. The customer is then immediately refunded any payments they have already made on the rental agreement; the customer should therefore without fail indicate their bank account details in any cancellation letter. The customer cannot assert further claims in such a case. The burden of proof that the preconditions for the right to raise the price pursuant to this paragraph are present lies exclusively with Sunny Cars Vermietungsgesellschaft mbH. If the customer does not promptly exercise their right of cancellation, this is regarded as tacit agreement with the price increase; Sunny Cars Vermietungsgesellschaft mbH therefore acquires an additional claim to payment against the customer in this case. In the event of any subsequent request for payment, Sunny Cars Vermietungsgesellschaft mbH will expressly and especially advise the customer of this in writing or electronically.

7.3. Costs, taxes, airport taxes and charges for any agreements for additional services made by the customer with the vehicle fleet provider in addition to the (sub) lease contract at the destination are not included in the price. The customer enters into agreements of this kind exclusively in their own name and independently of the (sub) rental agreement. A power of attorney authorising agreements for additional services to be entered into in the name and for the account of Sunny Cars Vermietungsgesellschaft mbH is expressly not issued to the customer.

7.4. Under certain circumstances, the excess in fully comprehensive insurance and vehicle theft protection, also in the event of damage to glass, the roof, the tyres and the undercarriage, will be reimbursed by Sunny Cars Vermietungsgesellschaft mbH in the event of loss or damage up to the amount of the deposit furnished by the customer to the vehicle fleet provider on site (see section 6, Precondition for the reimbursement by Sunny Cars Vermietungsgesellschaft mbH of the deposit retained in the event of damage or loss).

7.5. Additional drivers are also included in the price at many local vehicle fleet providers with which Sunny Cars Vermietungsgesellschaft mbH works. Detailed information on this as well as on the destination area in question can be obtained on request from the relevant travel agency or from Sunny Cars Vermietungsgesellschaft mbH. The details of this are regulated by the (sub) rental agreement.

8. Due date of invoice, price calculation, price changes

8.1. The invoice issued by Sunny Cars Vermietungsgesellschaft mbH falls due in principle 14 days before the agreed start of the rental. Any due date diverging from that is shown in the relevant invoice. The prices for rental offers are given in euros (CHF). The actual price calculation is subject to the rental date.

8.2. Prices are calculated on a daily basis and can be changed at any time before conclusion of booking without prior notice, but not with retroactive effect to (sub) rental agreements already entered into.

8.3. All prices are calculated on a 24-hour basis from the time that the vehicle is collected. This means that vehicles must be returned (generally at the place that the vehicle was collected unless otherwise agreed with the vehicle fleet provider at the destination) on the return date by no later than the same time at which it was collected. In the event that the vehicle is returned late, the local tariffs and terms and conditions of the vehicle fleet provider at the destination, on which Sunny Cars Vermietungsgesellschaft mbH has no influence, shall apply. Any additional costs incurred as a result are to be borne by the customer. In the event that the vehicle fleet provider at the destination bills Sunny Cars Vermietungsgesellschaft mbH for these additional costs, Sunny Cars Vermietungsgesellschaft mbH has a claim to settlement of this payment in the relationship with the customer.

8.4. All prices are valid at the time of the customer’s enquiry. Prices or terms and conditions can be changed at any time and without prior notice for bookings that have not yet been confirmed by the sending of a voucher, i.e. up until the (sub) rental agreement is entered into. In addition, the right to change the price under the regulations contained in section 7.2 is reserved.

9. Rental based on vehicle categories

The vehicle fleet providers at the destinations maintain vehicle fleets with various models of comparable size and with comparable features, which are divided into vehicle categories. In accordance with the regulations in the (sub) rental agreement, the customer therefore has a right to a vehicle from the vehicle category that they have selected or higher, not, however, to a specific vehicle model.

10. Contract documents

10.1. Upon entering into the (sub) rental agreement, the customer will be sent a voucher and a leaflet with important information on the collection of the rental vehicle from the vehicle fleet provider at the destination. The rental contract between the customer and Sunny Cars Vermietungsgesellschaft mbH comes into effect when the customer receives the voucher.

10.2. The voucher also contains a power of attorney issued by Sunny Cars Vermietungsgesellschaft mbH to the customer that authorises the customer to enter into a (primary) rental agreement for service indicated in the voucher with the vehicle fleet provider at the destination in the name of Sunny Cars Vermietungsgesellschaft mbH.

11. Subsequent changes to the rental agreement

11.1. Should the customer wish to have the (sub) rental agreement changed subsequently, e.g. the date of the rental or of the return of the vehicle, the vehicle category, the place where the vehicle is to be collected or returned, then this change must be requested (if necessary through the competent travel agency) from and confirmed by Sunny Cars Vermietungsgesellschaft mbH or its commercial agent Sunny Cars GmbH. If this confirmation is not issued, then the customer is solely responsible for the consequences that result. Consequences of this kind can be such that the vehicle fleet provider at the destination asserts claims for payment against the customer. Sunny Cars Vermietungsgesellschaft mbH shall not be liable in these cases for any inconveniences caused to or additional costs incurred by the customer.

11.2. Changes that jeopardise the planned collection of the vehicle, such as a change of arrival time at the collection point, e.g. due to a change of flight departure time, industrial action, or natural disasters, etc., must be promptly reported to us and to the local vehicle fleet supplier. Please note: the availability of the vehicle can no longer be guaranteed if the vehicle is not collected at the agreed time, as local vehicle fleet suppliers reserve the right to rent out the rental car to other customers. In such a case, there will be no entitlement to a refund of the rental price. However, you are entitled to furnish proof that little or no damage has been incurred by the failure to collect the vehicle.

11.3. In the event that the customer returns the vehicle late, the period of the delay is settled at the local tariffs and terms and conditions of the vehicle fleet provider at the destination, on which Sunny Cars Vermietungsgesellschaft mbH has no influence. The customer must indemnify Sunny Cars Vermietungsgesellschaft mbH in respect of the vehicle fleet provider at the destination against the resulting amount or compensate this amount to Sunny Cars Vermietungsgesellschaft mbH if it has paid this in advance.

11.4. No claim for compensation exists in the event that the booked vehicle is returned early, collected later or not used.

12. Cancellation/termination of the (sub) rental agreement / exclusion of termination

12.1. Cancellations/terminations of the (sub) rental agreement must be made in writing and be received by Sunny Cars GmbH, Paul-Gerhardt-Allee 42, 81245 Munich, during office hours (fax: +49 (0) 89 82 99 33 66 or e-mail: info@sunnycars.de satisfy the requirement for written form). Other cancellations/terminations, e.g. through the tour operator or through the vehicle fleet provider at the destination, will not be recognised.

12.2. The cancellation/termination fees are:

•  up to 5 days before the rental date: EUR 25.00 (CHF 50.00 for bookings made from Switzerland)
•  within 4 days before and up to the rental date: EUR 50.00 (CHF 100.00 for bookings made from Switzerland).

12.3. Cancellation/termination after the vehicle has been collected is no longer possible; the vehicle rental price pursuant to the booking is incurred. The customer is entitled, however, to furnish proof that less or even no damage was incurred.

12.4. The regulation of section 580a of the Bürgerliches Gesetzbuch (BGB – German Civil Code) shall not apply to the agreement between Sunny Cars Vermietungsgesellschaft mbH and the customer.

113. Protection of the right to cancel

The customer has the option of concluding favourably priced cancellation protection. This covers the charges for cancellation/termination accumulating up to no later than the start of the rental. Cancellation/termination after the vehicle has been collected from the vehicle fleet provider at the destination is no longer possible. The price of the cancellation protection is EUR 0.50 (CHF 1.00 for bookings made from Switzerland) per rental day with a minimum charge of EUR 3.50 (CHF 7.00 for bookings made from Switzerland). The cancellation protection must be concluded together with the (sub) rental agreement. Subsequent conclusion is not possible. No reasons must be indicated for the cancellation/termination.

14. Booking errors and customer service

14.1. Should any difficulties arise with the vehicle booking, the customer should immediately get in contact with the competent travel agency, Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH so that assistance can be provided and the proper processing of the booking can be ensured.

14.2. Should the customer not be able to contact Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH outside business hours in the event that the booking is incorrect or a booked vehicle is not available, the customer must keep any damage that may be incurred on account of the incorrect booking as minimal as possible. If the rental of a replacement vehicle should be necessary to this end, Sunny Cars Vermietungsgesellschaft mbH shall bear the additional costs incurred as a result, however only if a vehicle category is rented that corresponds to the category booked with Sunny Cars Vermietungsgesellschaft mbH. Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH are to be informed of this immediately when business hours resume. They can be contacted 365 days a year at the following times:

Monday to Friday from 09:00 to 20:00, Saturday, Sunday and public holidays from 10:00 to 18:00, Christmas Eve from 09:00 to 14:00, Christmas holidays from 11:00 to 16:00.

14.3. If the customer fails to inform Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH of an incorrect booking or similar, they have themselves to bear the resulting damage. The limitation of liability defined in the section Liability shall also apply to incorrect bookings.

15. Requirements concerning the age and driving licence of the customer / driver

15.1. The minimum age of the driver of a rental vehicle is between 21 and 25 in most countries, but it can also be higher than that for higher vehicle classes. In some destination areas, the minimum age can be reduced by the payment of an additional charge. There may also be a maximum age depending on the destination area. The driver must have been in possession of a valid Class 3 or Class B (European standard) driving licence or an equivalent driving licence for no less than 1 year, or 2 years in some countries; the driver must present the original driving licence together with a valid passport or identity card to the vehicle fleet provider on site.

Note:: Driving licences of the former German Democratic Republic are no longer accepted everywhere.

15.2. The customer will be informed of the conditions applicable to their booking when the booking is made, i.e. when the (sub) rental agreement is entered into.

16. Special accessories / extras

Roof racks, child seats, snow chains, GPS, etc., can be requested for many locations. The customer has personally to obtain information on the fees, country and, where applicable, airport taxes and charges that they additionally must pay from the competent travel agent, Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH. Additional costs of this kind to be borne by the customer are not included in the price lists of Sunny Cars Vermietungsgesellschaft mbH and will not form an integral contractual part of the (sub) rental agreement between the customer and Sunny Cars Vermietungsgesellschaft mbH unless the customer has requested this from Sunny Cars GmbH or Sunny Cars Vermietungsgesellschaft mbH expressly and in good time before the start of the rental and has received relevant confirmation. The safety standard of child seats, especially in southern countries, do not necessarily correspond to the standard usual in Germany. Sunny Cars Vermietungsgesellschaft mbH therefore recommends that, if possible, the customer takes their own seats for children and babies.

17. Fuel policy

The customer must comply with the fuel policy (collection/return) specified by the vehicle fleet provider at the destination; this policy will also be described in the rental agreement of the vehicle fleet provider at the destination.

18. Liability

18.1. Sunny Cars Vermietungsgesellschaft mbH assumes no liability if the collection of the booked rental car does not take place on site for reasons that lie in the person of the customer and for which Sunny Cars Vermietungsgesellschaft mbH is not responsible. Such reasons include for example: presentation of a driving licence that is no longer valid or failure to present a driving licence; presentation of a driving licence that does not fulfil the local requirements for driving licences at the destination; non-compliance with regulations governing minimum or maximum age; non-compliance with credit card obligations in some destinations (see section Deposit).

18.2. Any liability of Sunny Cars Vermietungsgesellschaft mbH for the loss of items on account of theft from the rental vehicle is excluded. The same shall apply in the event of damage to or loss of these effects on account of an accident as well as to other costs that may be incurred as the result of an accident (towing charges, hotel expenses, telephone charges, taxi fares, costs for renting a replacement car, damage to or loss of private effects, etc.).

18.3. In all other respects, Sunny Cars Vermietungsgesellschaft mbH shall be liable for the compensation of damages without limitation only in the event of wilful intent or gross negligence on its part. Sunny Cars Vermietungsgesellschaft mbH shall be liable for ordinary negligence only, and to an amount limited to the foreseeable damages typical of this type of contract, if it breaches a duty, compliance with which is of particular importance for achieving the aim of the contract (material contractual obligation). In the event that performance is impossible from the outset, Sunny Cars Vermietungsgesellschaft mbH shall be liable only if it was aware of the impediment to performance or its lack of awareness is based on gross negligence.

18.4. The above limitations or exclusions of liability shall not apply for damages arising from injury to life, limb or health for which Sunny Cars Vermietungsgesellschaft mbH is responsible.

18.5. If the liability of Sunny Cars Vermietungsgesellschaft mbH is excluded or limited, this shall also apply to the personal liability of its executive bodies, employees, workers, personnel, representatives and vicarious agents.

18.6. With the exception of claims arising from tort, claims for the compensation of damages for which the liability is limited pursuant to this section Liability become time-barred after one year.

19. Claims against Sunny Cars Vermietungsgesellschaft mbH

Legal claims that might accrue to the customer against Sunny Cars Vermietungsgesellschaft mbH on account of or in connection with the booking of a vehicle are subject exclusively to the law of the Federal Republic of Germany unless mandatory statutory regulations dictate otherwise.

20. Data protection clause

20.1. Sunny Cars Vermietungsgesellschaft mbH is the controller of the data file within the meaning of data protection legislation. Personal data of the customer will be collected, processed and used by Sunny Cars Vermietungsgesellschaft mbH for the purposes of forming, executing or terminating the agreement. The data is used for advertising purposes only by way of self-promotion (including recommendation advertising). The data is disclosed to third parties only if this is necessary for the fulfilment of the (sub) rental agreement. Any more extensive use requires statutory authorisation or consent.

20.2. Reference to section 28(4) of the Bundesdatenschutzgesetz (BDSG – German Federal Data Protection Act): The customer can object to the processing or use of their data for advertising purposes or for market or opinion research at any time. Objections are to be sent to: Sunny Cars GmbH, Paul-Gerhardt-Allee 42, 81245 Munich, or by e-mail to info@sunnycars.de

21. Other provisions / form

21.1. If a provision of these general terms and conditions of business should be invalid in full or in part, the validity of the remaining provisions shall not be affected.

21. The fully or partially invalid provision shall be replaced – if necessary by a decision of the courts – by a regulation that most closely approximates the intended purpose of the fully or partially invalid provision, taking into due consideration all aspects that have led to the provision becoming invalid.

21.3. There are no oral side agreements to this rental agreement. Amendment or supplements to this rental agreement must be made in written or electronic form. Any change to, annulment of or supplement to this clause must be made in writing.

Updated: July 2016