Introduction
Sunny Cars Nederland (hereinafter: Sunny Cars) is based in Hoofddorp, the Netherlands, and is part of the German company Sunny Cars GmbH. Established in 1991 in Munich, Sunny Cars GmbH has grown into one of the largest independent European car rental intermediaries, with offices in various European countries.

Article 1: Sunny Cars is an intermediary
a) Sunny Cars serves as an intermediary representative of its partners (car rental agencies) in making reservations for rental cars under highly favourable conditions.
b) Sunny Cars is not a rental agency. It shall not be a party to the final rental agreement concluded between you – the renter – and the rental agency.
c) The definitive rental agreement shall be concluded directly between yourself and the car rental agency at the location at which the car is made available to you (local rental agency).
d) The renter can only make use of the services 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. No rights can be derived from this Information Sheet.
e) Your rights and obligations in relation to the rental car shall be laid down in the rental agreement and the general terms and conditions of the rental agency.
f) You shall be deemed to have read or at least to be aware of the terms and conditions that apply to this 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.
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. The voucher shall 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 shall be obliged to perform the rental agreement. If the travel agency that participates in the Travel Compensation Fund (Stichting Garantiefonds Reisgelden, SGR) goes into liquidation, a claim can be made against that fund provided a package tour is involved.
h) All rates quoted by Sunny Cars are stated in euro.

Article 2: Changes in rates and terms and conditions, rental period
a) Sunny Cars reserves the right to introduce changes to the rates and the terms and conditions. Rate changes shall not apply to previously confirmed reservations, 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 shall be calculated in 24 hour blocks starting at the recorded time of arrival/receipt of the car. The car must be handed over by no later than the same time on the day the car is due to be returned to the rental agency. If the car is returned late, local rates and conditions shall apply which are beyond the control of Sunny Cars.
c) The minimum car rental period shall be one day, whereby one day shall 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 the rental fee
For general information on rates, please refer to our reservations department or our websites. The starting date of the rental period shall 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 one may entail surcharges that are specified when the reservation is made and must be paid locally. Finally, the rental fee shall not include local levies (e.g. tolls, road vignettes, parking fees, etc.) unless stated otherwise by the rental agency.

Article 4: Reservations 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 local 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 available.

Article 5: Options
An option on a reservation shall 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 shall be finalised. This means that the cancellation charges as described below shall apply.

Article 6: 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 serve as a decisive factor with regard to the cancellation.
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 five days before the start of the rental period is €25; the charge for cancellation within five days of the commencement of the rental period is €50. Starting on the first day of the rental period (and also in the event of no-show), the full rental fee must be paid and no refund shall be given, regardless of any commitment made by the local rental agency or its representative.
c) Cancellation waiver protection is only available when making the reservation for €1 per day with a minimum of €7. With this option, reservations may be cancelled 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 shall be owed and no refund shall 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 reservations department. 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 shall negate the terms and conditions, rights and insurance entitlements agreed upon reservation.
b) Changing the reserved category of car at the local rental agency shall be subject to the local rates and terms and conditions. 
c) No refund shall 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 impacting the reservation (e.g. 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 rental car.

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 rental agency. For this reason, Sunny Cars cannot be held liable for any shortcomings on the part of the rental agency in performing the rental agreement.
b) With due regard for the provisions of Article 1 of these terms and conditions, Sunny Cars may only be held liable if it has failed to perform its task as intermediary, and this failure can be attributed to Sunny Cars or Sunny Cars is deemed liable for this failure by virtue of legislation, legal proceedings or current opinion.
c) Any liability for damage referred to under b) on the part of Sunny Cars shall be limited to a maximum of the rental fee stated in the reservation documentation.
d) Sunny Cars shall 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 identity document, presenting a driving licence that does not comply with the conditions of the rental agency, failing to observe the minimum or maximum age of the driver and refusal or failing to pay the security deposit (see also the Information Sheet enclosed with the voucher for more information).
e) The renter 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. If the renter fails to comply with the above, the renter shall 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 shall act as an intermediary between the renter and the rental agency. Premiums for voluntary insurance policies taken out at the local rental agency shall under no circumstances be refunded by Sunny Cars. Furthermore, Sunny Cars shall 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. Furthermore, Sunny Cars is not liable in this regard either.
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 shall 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, all this in accordance with the customary exclusions in travel insurance policies.

Article 9: Insurance
a) Sunny Cars shall always arrange all risk insurance for your rental car. All risk insurance consists of third-party liability insurance (TPL), collision damage waiver (CDW), theft protection (TP) and windscreen, tire and undercarriage insurance. In the event of gross negligence, you may be held liable. The insurance coverage offered shall include:
• CDW: Taking out collision damage waiver 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.
• TPL: A local TPL policy covers damage to third parties and is possibly supplemented by a TPL Extra policy. Many partner car rental agencies offer unlimited TPL coverage. If the TPL coverage 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 coverage to €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 Versicherung AG, 10900 Berlin, Germany. 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: This covers the theft of the rental car on condition that the key can be submitted. 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 the excess to the local rental agency. Upon return, you then reclaim the amount in question from Sunny Cars.
• Windscreen, tire and undercarriage insurance: This covers damage to the car’s windows, tires and/or undercarriage. If our partner does not normally cover the excess for this insurance at the local rental agency, you must – if damage is incurred – pay the amount of damage or the 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 locally.
b) In order to claim a refund of the excess or the amount of damage under the windscreen, tire and undercarriage insurance, you must download our claim form within one month of your return from www.sunnycars.nl (see under the heading CONTACT). You can then submit the completed and signed form together with the supporting documents to the Sunny Cars customer service department, Saturnusstraat 17B, 2132 HB Hoofddorp, customercare@sunnycars.nl.
 
Article 10: Renter damage liability
a) Unless otherwise stated in the statement of damage drawn up upon receipt of the rental car, the renter shall be deemed to have received the vehicle without any visible faults or damage.
b) Sunny Cars shall assume that you will treat the rental vehicle as befits a good renter (i.e. as if it were your own property). All renters shall 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 refer you in this regard to Article 1 of these General Terms and Conditions.
c) The renter shall be liable for all damage caused as a result of any incident that occurs during the rental period or that otherwise relates to the renting of the vehicle. The renter’s liability for damage shall, for each damage incident, be limited to the excess payable. However, the renter shall be fully liable if the damage can be attributed to fault on renter’s part (i.e. gross negligence).
d) The local rental agency may charge you for the excess under the CDW, TP and glass, tire and undercarriage insurance. In these cases as well, Sunny Cars will cover the damage or the excess. 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 shall 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 using the wrong type of fuel;
• damage to the clutch;
• 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;
• loss of the car key;
• damage caused by any object or possible load higher than the rental car (= overhead damage);
• 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 (attempted) burglary or vandalism, terrorist activities, fire and natural disasters, extreme weather conditions such as hail and lightning strike;
• damage caused by theft of private property left in the car.
f) Sunny Cars shall not be liable for consequential damage (e.g. towing costs, hotel accommodation, etc.) or for the loss of private property, if no statement of damage or police report was drawn up and the rental agency and Sunny Cars were not informed immediately, without prejudice to any other liability on the part of the renter pursuant to the terms and conditions applied by the rental agency.

Article 11: Security deposit
a) The renter shall 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 damage incident. Additional deposits shall apply for some categories of cars. The amount or the form of the deposit shall be described at the time of making the reservation and in the information provided.
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 rental agency from all their obligations. As a result, the renter shall forfeit any claim to a refund of the rental fee by Sunny Cars.

Article 12: Local costs
All extras agreed upon 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)) shall be exclusive of local taxes and must be paid at the local rental agency.
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 shall make a (further) claim for the costs incurred to refuel the vehicle, plus the costs of the missing fuel 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 shall 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.

Article 14: Taking possession of the rental car
There is a rental agency counter in the arrival lounge of a majority of airports. 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 agency by shuttle bus. The rental car can be delivered upon request, but only to a hotel or apartment with a reception desk, provided this was arranged when the reservation was made and confirmed by Sunny cars.
In all cases, the renter is expected to check the rental car for any damage when taking possession 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 most cases, the minimum age to rent a car is between 21 and 25. Different ages may apply for certain categories of cars. In some cases, the renter may increase/decrease the age limit by paying a surcharge. If the principal driver is under 21 years of age or over 65 years of age, this must be stated when the reservation is made.
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 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 rental period or at least within one year after the end of the reservation made with and/or service provided by Sunny Cars.
b) The legal relationship between the renter and the rental agency shall be governed by the law of the country in which the renter took possession of the rental car. Disputes between you – the renter – and the 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.