Article 1: Sunny Cars is an agency/intermediary a. Sunny Cars is an agency that serves as an intermediary on behalf of its partners (car hire companies) in making reservations for hire cars under highly favourable conditions. For many years now, Sunny Cars had good contacts with (foreign) car hire companies, which it chooses with the utmost care. b. Sunny Cars is not however a hire company; it shall not be a party to the final hire agreement concluded between you, as the hirer, and the hire company. c. The definitive hire agreement shall be concluded directly between yourself and the hire company at the location at which the car is made available to you. You shall be deemed to have read or at least to be aware of the terms and conditions that apply to this hire agreement before signing it. We therefore expressly advise that you carefully read through the aforementioned terms and conditions of the hire company before signing the hire agreement. d. The hirer can only make use of the service of the hire company 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 hire company. No rights can be derived from this information sheet. Your rights and obligations in relation to the hire car shall be laid down in the hire contract and the general terms and conditions of the hire company concerned. Article 2: Changes in price and terms and conditions, hire period a. Sunny Cars reserves the right to introduce changes to the price and the terms and conditions. Changes in price shall not be applicable to reservations that have already been confirmed, unless such changes are the result of amendments to the terms and conditions and/or changes in taxes/local costs as a result of which Sunny Cars deems that it has no alternative but to charge these extra costs or price increases on to the customer. b. The hire period shall be calculated over a period of 24 hours starting from the recorded time of arrival/receipt of the car. This means that the car must be handed over at the same time at the latest on the day that the car is due to be returned to the hire company. In the event of late return of the car, local rates and conditions shall apply which are beyond the control of Sunny Cars. Article 3: Calculation of prices For general information on pricing, please contact our reservations department or go to our internet sites. The starting date of the rental period determines the rental price for the entire period. Article 4: Reservations by category of car Reservations can only be made by category and not by type/make. The types or makes of cars stated serve as examples of the cars included in the category concerned. Sunny Cars and the hire company at the location concerned 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 available. Article 5: Options An option can only be taken up on the date upon which the reservation is made and shall be applicable up to 00:00 hours. In the event that the option is not withdrawn before the time stated, the reservation shall be definite. This means that the cancellation charges as described below shall apply. Article 6: Change in/extension of the hire period, early return a. Requests to extend the hire period at the rates and under the terms and conditions of Sunny Cars must be addressed to the reservations department no later than 24 hours before the original end of the hire agreement and applied for during Sunny Cars reservation department’s opening times. In the event that the extension is not arranged via our reservations department, local rates and conditions shall apply which are beyond the control of Sunny Cars. Changing a booked car category locally will be subject to local fees and conditions. b. No refund shall be given in the event that the hire car is returned early or no use at all is made of the hire car. c. All changes in relation to the reservation such as flight details, arrival time or accommodation must be reported to the reservations department of Sunny Cars as soon as possible. In the event of failure to do so, Sunny Cars cannot guarantee the availability or the timely issue of a hire car. Article 7: Cancellation of reservations a. Orders, agreements and arrangements shall be binding upon Sunny Cars following confirmation with a reservation number. We must be informed of cancellations immediately in writing. The date and time of receipt of the letter of cancellation during office hours shall be decisive with regard to cancellation. b. Reservations may only be cancelled without charge on the same day (date) as that upon which the reservation is made. The charge for cancellation up to 5 days before the commencement of the hire period is EUR 25; the charge for cancellation within 5 days of the commencement of the hire period is EUR 50. As of 24 hours before hire (and also in the event of no-show) the full hire price must be paid and no refund shall be given, regardless of any undertaking made by (a representative of) the hire company at the location concerned. c. The cancellation charge before departure shall only be redeemable upon reservation in the amount of EUR 1 per day with a minimum of EUR 7, as a result of which reservations may be cancelled up to 4 hours before the commencement of the hire period without having to give reasons. 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 hire cars and is not a party to the final agreement concluded between you, as the hirer, and the hire company. Sunny Cars is therefore also not liable for any shortcomings on the part of the hire company in the performance of the hire 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. Sunny Cars shall furthermore not be liable for reservations that cannot be effected for reasons attributable to the hirer/driver or third parties. Such reasons include not being able to present a valid (original) driving licence or presenting a driving licence that does not comply with the conditions of the hire company, 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). d. Any liability for damage on the part of Sunny Cars shall be limited to a maximum of the hire price stated in the reservation documentation. e. The hire company shall 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. In the event that it is not possible to contact Sunny Cars immediately due to office closing hours (see also Information Sheet), the problem or complaint concerned must be reported during the following office opening hours. In the event that the hirer fails to comply with the above, he or she shall forfeit any rights to compensation or a refund. Complaints must be submitted by the hirer in writing, accompanied by a copy of the local hire agreement and proof of payment, no later than one month after the end of the hire period stated on the invoice and/or voucher. In the handling of complaints, Sunny Cars shall act as an intermediary between the hirer and the hire company. Premiums for voluntary insurance policies taken out at the location concerned shall under no circumstances be refunded by Sunny Cars. Sunny Cars shall under no circumstances accept responsibility for these insurance policies or any others taken out at the location. In the event that an alternative insurance policy offered by the hire company at the location 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. Article 9:Insurance The following insurance policies are always included in a reservation with Sunny Cars: - Third party liability insurance ( insurance covering damage to third parties) - Additional third party liability insurance with a minimum value of EUR 7.5 million. Many car rental companies provide unlimited third party liability insurance cover. If the local cover is lower than EUR 7.5 million, then Sunny Cars concludes an additional car third party liability insurance contract with Allianz for cover of EUR 7.5 million. The additional car third party liability insurance covers all claims to damages that go beyond the existing third party liability insurance for the rental car up to cover of EUR 7.5 million. Claims can be made to the insurance company Allianz Versicherung AG, 10900 Berlin, Germany, without our approval. We will be glad to send you all the "General Car Insurance Conditions" and the special conditions for the additional car third party liability insurance to you by post, e-mail or fax. - C.D.W. – insurance (insurance regarding damage to the rental car). - T. P. – insurance (insurance regarding the theft of the car, providing the car key can be handed over) Article 10: Liability of the hirer for damage a. Unless otherwise stated in the statement of damage drawn up upon receipt of the hire car, the hirer shall be deemed to have received the vehicle without any visible faults or damage. b. Without prejudice, the hirer shall be liable for all damage caused as a result of any incident that occurs during the hire period or that otherwise relates to the hire of the vehicle. In the event that an excess has been agreed in the hire agreement, this liability for damage on the part of the hirer shall, for each damage incident, be limited to the excess payable. The hirer shall however be fully liable in the event that the damage can be attributed to fault on his/her part. c. Glass-, tyres (replacement or repairs), roof- and chassis damage are not insured. Also, there may be a local excess for the CDW- and TP-insurances. In both cases, the damage is covered by Sunny Cars. If there is any damage, you will need to pay the amount of the damage or the excess to the local rental company. On your return, you can claim the amount concerned back from Sunny Cars. In the following cases the excess and/or glass-, tyre-, roof- or chassis damage will not be reimbursed: - for damage caused by non observance of the general local rental conditions, particularly in the case of damage caused by driving on unsealed roads: - for damage through the theft of private property that was left in the vehicle; - for additional damages like towing costs, hotel accommodation etc., as well as the loss of private property. d. Sunny Cars shall assume that you shall treat the hire vehicle as befits a good hirer, i.e. as if it were your own property. All our hirers shall be deemed to have read or at least to be aware of the terms and conditions that apply to the hire agreement before signing it. We refer you in this regard to Article 1 of these General Terms and Conditions. Article 11: Deposit a. The hirer shall in all cases be asked to provide a deposit to the value of a full tank of fuel at a minimum, and in some cases this value plus the excess (franchise) per damage incident. In some countries the hire company shall require a credit card slip in the name of the driver stated on the voucher. The amount or the form of the deposit shall be described at the time of making the reservation and in the information provided. The deposit is required by the hire company in order that it is able, if necessary, to recover damage or costs payable by the hirer. b. Failure to pay the deposit or to submit a valid hire voucher or a valid method of payment shall discharge Sunny Cars and the hire company from all their obligations towards the hirer and shall not result in the hire price being refunded by Sunny Cars. Article 12: Local costs All extras agreed upon at the location such as voluntary insurance policies (for example a P.A.I. insurance policy), out-of-hours costs, and surcharges, for example for young drivers or reserved accessories (e.g. child seats), shall be exclusive of local taxes and must be paid at the location. The hire car must be returned with a full tank of petrol, unless otherwise agreed in writing. In the event that the hirer fails to do so, the hire company shall make a (further) claim for the costs incurred by refuelling the vehicle, plus the costs of the missing fuel and local taxes. Article 13: Accessories Make any requests for accessories, such as baby/child seats or a roof rack, at the time of making the reservation. In the event that you make reservations via our website, you can do this by clicking on: “Ik wil accessoires boeken” [I wish to reserve accessories]. Please bear in mind that in the more southern countries in particular, baby/child seats often do not comply with our quality requirements. We would therefore advise you to bring your own baby/child seat(s). Sunny Cars cannot guarantee the presence of and shall not be liable for the lack of any accessories requested by yourself. Article 14: Taking possession of the hire car There is a desk in the arrival lounge at the majority of airports. If this is not the case, a representative of the hire company shall be waiting to collect you or you shall be brought to the premises of the hire company by shuttle bus. The hire car can only be delivered to a hotel or apartment upon request at the time of making the reservation and following confirmation from Sunny Cars, and in so far as the hirer is present at the hotel or apartment concerned to take possession of the car in person. The lessee must check the vehicle on delivery for possible damage, and if found have it recorded in the rental agreement. Article 15: Minimum and maximum age and driving licence a. In the majority of cases, the minimum age for hiring a vehicle is between 21 and 25 years. Different ages may apply for certain categories of car. In some cases it may be possible to increase/decrease the age limit by paying a surcharge. In the event that the principal driver is under 21 years of age or over 65 years of age, this must be stated at the time of making the reservation. 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 must always be presented upon issue of the vehicle. Article 16: Disputes a. The legal relationship between Sunny Cars and the hirer shall be governed by Dutch law. Disputes must be submitted to the Dutch court. All rights of action shall expire one year after the end of the hire period, or at least within one year after the reservation is made/service is provided by Sunny Cars. b. The legal relationship between the hirer and the hire company shall be governed by the law of the country in which the hirer took possession of the hire car. Disputes between you, as the hirer, and the hire company must also be submitted to the court of the county in which the hirer took possession of the hire car. Deviating regulations with regard to the applicable law and the competent court may however be laid down in the agreement concluded with the hire company at the location or in the general terms and conditions of the hire company. |