General Rental Terms and Conditions of Sunny Cars GmbH, Munich

1. Services of Sunny Cars GmbH

Sunny Cars GmbH provides vehicle rental services worldwide for its private and business customers (hereinafter referred to as “Customer” or “Customers”) and is one of the leading companies in the tourism industry in its segment. In addition to vehicle rental, Sunny Cars GmbH's service packages include comprehensive advice on selecting the right rental vehicle that best suits the Customer's needs, easy booking and smooth vehicle pick-ups and returns, as well as additional services to complete a pleasant driving experience. Sunny Cars GmbH offers its services on the basis of these General Rental Terms and Conditions as well as the Specific Rental Terms and Conditions (see section 4 below) which are made available to the Customer prior to booking and which also apply to the respective individual case.

2. Contractual relationships, signing of contracts, contract fulfilment, "No Deposit" option.

2.1 Sunny Cars GmbH and the Customer sign a contract for the hire of a rental vehicle by the Customer from Sunny Cars GmbH (legally: sublease agreement, hereinafter referred to as “Agreement” for the sake of simplicity, see section 2.4 for the conclusion of the contract).

2.2 In order to fulfil its obligations arising from the Agreement between Sunny Cars GmbH and the Customer (see section 2.1), Sunny Cars GmbH uses a suitable rental vehicle partner at the Customer’s destination. For this purpose, Sunny Cars GmbH rents a rental vehicle for the Customer by means of a separate rental agreement (legally known as the primary rental agreement) from the rental vehicle partner selected by it at the Customer's destination.

2.3 The rental vehicle rented by Sunny Cars GmbH from the rental vehicle partner is sublet to the Customer by Sunny Cars GmbH by means of the Agreement (see section 2.1). When the vehicle is handed over to the Customer or to a driver named by the Customer when making the booking, who in this case acts as their representative in connection with the entire vehicle rental, the Agreement between Sunny Cars GmbH and the Customer is specified in the sublease agreement part compared to the Customer's previous vehicle booking (see section 2.4) with regard to a specific rental vehicle.

2.4 By sending their booking data (including desired rental location, desired vehicle category; see Section 9), desired rental period and possible selection of the "No Deposit" option (see Section 2.5), the Customer submits a legally binding offer to sign the Agreement between themselves and Sunny Cars GmbH for the rental of a rental vehicle on the basis of these General Rental Terms and Conditions and the Specific Rental Terms and Conditions additionally applicable to the respective individual case (see Section 4). The offer includes the Customer's assurance that he will inform the persons named by him in the booking, for example as the main driver and additional driver (hereinafter jointly referred to as "driver"), about all rights and obligations arising from the Agreement, these General Rental Terms and Conditions and the Specific Rental Terms and Conditions additionally applicable to the respective individual case (see Section 4). The Customer will only allow the persons named by him as drivers in the booking to collect and drive the rental vehicle on the condition that they have previously committed themselves to the Customer to comply with all obligations arising from the Agreement, these General Rental Terms and Conditions as well as the Specific Rental Terms and Conditions (see Section 4) and traffic regulations at the destination that apply in addition to the respective individual case in favour of Sunny Cars GmbH. The Agreement between Sunny Cars GmbH and the Customer is concluded by the acceptance of the Customer's offer and the sending of the contract documents to the Customer in accordance with section 10 by Sunny Cars GmbH.

2.5 If the ‘No Deposit’ option is selected, the Customer's booking shall only be confirmed and an Agreement shall only be concluded after the Customer, following a separate request by Sunny Cars GmbH, has shared his personal data at least 48 hours before the start of the desired vehicle rental, has confirmed his agreement with these General Rental Terms and Conditions, the Specific Rental Terms and Conditions and, in the event that the deposit is claimed by the rental vehicle partner at the Customer's destination, in particular his agreement with his possible obligation to pay compensation to Sunny Cars GmbH in accordance with Sections 6.3, 11.3, 16 and 17 of these General Rental Terms and Conditions (so-called pre-registration). Note: If Sunny Cars GmbH does not receive the pre-registration at least 48 hours before the desired vehicle rental, an Agreement can no longer be concluded; in this case, the Customer's offer to conclude an Agreement between him and Sunny Cars GmbH will be tacitly or expressly rejected.

3. Signing of the main rental agreement, additional driver, vehicle handover, use of the rental vehicle

3.1 When signing the primary rental agreement with the rental vehicle partner at the destination, the Customer or another person designated by him as the main driver acts as a representative of Sunny Cars GmbH; the other main driver designated by the Customer also represents the Customer. For this purpose, the Customer receives a power of attorney from Sunny Cars GmbH in the name of him or another person named by him as the main driver along with the voucher (see section 10.2). The voucher must be presented or handed over to the rental vehicle partner when picking up the vehicle.

3.2 The Customer or any other main driver named by him must ensure that all drivers named by the Customer or included in the rental price are entered by name in the primary rental agreement by the rental vehicle partner (see also sections 3.6, 6.3 c) and 7.4). Sunny Cars GmbH cannot arrange this in advance, as this requires a current check of the driving licence of all drivers.

3.3 If the rental vehicle offered by the rental vehicle partner at the destination does not correspond to the Customer's reservation or if the rental vehicle is not in a roadworthy condition or does not comply with the Agreement, the Customer or the other main driver named by him must immediately raise a complaint to the rental vehicle partner and at the same time by telephone to Sunny Cars GmbH in order to comply with the legal obligations. When the rental vehicle is handed over, any signs of wear and tear or damage to the vehicle must be recorded in a written handover report in order to exclude the possibility that the Customer or any drivers designated by him could be held responsible for them.

3.4 The Customer or the drivers authorized by him are obliged to use the rental vehicle only in accordance with the locally applicable laws and regulations and carefully (in particular not for sporting competitions) and to monitor it for any defects that may arise during the rental period. Your monitoring obligation extends in particular to the road safety, oil level and tyre pressure of the rental vehicle; any loss of oil or tyre pressure must be corrected immediately. Any vehicle breakdowns and defects must be reported immediately by telephone to the rental vehicle partner at the Customer's destination and to Sunny Cars GmbH and the Customer shall wait for the instructions on how to remedy the defects. When not in use, the rental vehicle must be parked properly and secured against theft. The Customer is liable for the drivers to whom he has entrusted the rental vehicle.

3.5 The respective driver shall be solely and unlimitedly liable for any administrative offences or criminal offences committed by him. The Customer of Sunny Cars GmbH is jointly and severally liable for costs (in particular towing costs) and fees incurred due to illegal parking, along with the drivers authorized by him.

3.6 Driving of the rental vehicle by persons other than the Customer is prohibited (see section 6.3 c)) or is only permitted if they are registered as drivers in the primary rental agreement (see section 3.2). The Customer is obliged to familiarize these persons with the Agreement, the primary rental agreement, these General Rental Terms and Conditions and the Specific Rental Terms and Conditions before starting the journey and to instruct them to comply with all contractual regulations and obligations and the local traffic regulations. By starting the journey, these persons once again accept the validity of these regulations and obligations as binding for them (see also section 2.4).

4. Validity of specific rental conditions for the specific vehicle booking

4.1 Before booking, the Customer will be given access to the special rental conditions for the specific booking he has requested, in particular regarding the collection and return of the vehicle, the type and amount of security to be provided (deposit, see section 5.1) and the costs for any accessories that may be payable separately on site (see section 16).

4.2 The Customer will read the Specific Rental Terms and Conditions carefully. In the Customer's own interest, he will clarify any questions (particularly with regard to the intended use of the rental vehicle in question) with Sunny Cars GmbH before booking the vehicle.

5. Deposit, payment by credit card and PIN, credit limit; specific regulations for the "No Deposit" option by the Customer.

5.1 Sunny Cars GmbH and the Customer agree that the Customer owes Sunny Cars GmbH a security deposit for the rental vehicle being provided to him. The deposit serves to secure claims for damages in the event of breaches of contractual obligations (e.g. failure to return the vehicle on time, failure to comply with the fuel regulations as defined in Section 17), damage to or loss of the rental vehicle (see Section 6) or special accessories as defined in Section 16. For the sake of simplicity, the Customer will pay this deposit directly to the rental vehicle partner at the destination in accordance with the provisions in Sections 5.2 to 5.5 inclusive, or have it paid by the other main driver designated by the Customer (see in particular Section 5.2). If the Customer has chosen the “No Deposit” option when booking, only the special provisions in section 5.6 apply for the purposes of the security deposit as defined above.

5.2 The Customer is expressly advised that the deposit must be paid by the person designated by him as the main driver of the rental vehicle when booking (in the case of private individuals, this is usually the Customer himself), i.e. the main driver must be named as the holder of the credit card used for the security deposit. If this requirement is not observed, the handover of the rental vehicle to the Customer or any other main driver designated by him cannot be guaranteed, see section 18.1.

5.3 As a rule, the deposit must be paid by presenting a valid credit card (of the main driver, see section 5.2) and entering the corresponding PIN; in some cases, it is also possible to deposit a cash amount (sometimes in local currency). Debit cards are generally not accepted as security. The Customer will be informed in the Specific Rental Terms and Conditions which form of deposit is required in his case. If this requirement is not observed, the handover of the rental vehicle to the Customer or the main driver cannot be guaranteed, see section 18.1.

5.4 If the main driver (see section 5.2) has to pay the deposit by credit card (normal case), he must have the assigned PIN to hand in order to enable electronic use of the credit card at a so-called POS terminal. Manual use of credit cards is then impossible. If this requirement is not observed, the handover of the rental vehicle to the Customer cannot be guaranteed, see section 18.1.

5.5 The Customer must also ensure that the credit card of the main driver (see section 5.2) has a sufficient (or remaining) credit limit at the time the deposit is granted so that the booking/blocking of the deposit becomes possible. The Customer is advised that until the deposit is refunded or released, the credit limit of the credit card used for the security purpose will be reduced accordingly.

5.6 Special regulation only for cases of the “No Deposit” option: If the Customer has chosen the "No Deposit" option when signing this Agreement, Sunny Cars GmbH will provide the security required by the rental vehicle partner at the destination in the form of a deposit for the Customer in advance, so that the rental vehicle partner will not require a deposit from the Customer; clauses 5.2 to 5.5 inclusive do not apply in these cases. Special attention is hereby drawn to the Customer's obligation to pay compensation to Sunny Cars GmbH: In the event that the deposit paid by Sunny Cars GmbH is claimed by the rental vehicle partner due to damage to the rental vehicle or other breaches of contract by the Customer or any other driver named by him (see Section 6.1), Sunny Cars GmbH will (in particular taking into account the provisions in Section 6) examine whether the Customer or any other driver named by him is obliged to pay compensation and (if necessary in accordance with Section 6.3) claim payment from them (recourse).

6. Consequences of vehicle damage or loss; rights and obligations of Sunny Cars GmbH and the Customer in this context

6.1 If the rental vehicle is damaged (particularly due to an accident) or stolen, or if the Customer or driver is found to be in breach of contract, the rental vehicle partner may retain the deposit paid by the Customer or the main driver or, if the "No Deposit" option is selected, the deposit paid by Sunny Cars GmbH for the Customer and may charge an amount exceeding this (= deductible). The amount of the respective deductible can be found in the Specific Rental Terms and Conditions.

6.2 In such cases, Sunny Cars GmbH will indemnify the holder of the credit card used to make the deposit from the deposit withheld or charged by the rental vehicle partner, i.e. if the deposit is paid by the Customer or main driver, it will reimburse the withholding or charge or, if the Customer selects the "No Deposit" option when booking, will not pass this on to him, even in the event of the following damage: • Damage to glass, roof, tyres, underbody including oil pan and clutch. • Damage caused by loss/damage of vehicle keys and/or documents. • and damages resulting from a break-in into the vehicle (police report is required!) damage to the car radio and/or navigation system or its loss. • Costs for recovering the rental vehicle following an accident. Other consequential costs such as hotel costs, telephone costs, taxi costs, costs for renting a replacement vehicle, costs for repairing damage to or replacing lost personal items (see also section 18.2), etc. will not be reimbursed. The prerequisite for a refund of the deposit or excess (or, if the Customer selects the “No Deposit” option, the assumption of the corresponding costs) is that the Customer immediately takes the measures specified below, i.e. • the Customer shall send the following documents to Sunny Cars GmbH without being asked to do so (by post to Sunny Cars GmbH, Diakenhuisweg 21, NL-2033 AP Haarlem, The Netherlands, or by e-mail: customercare@sunnycars.nl) • and none of the exclusion reasons listed under section 6.3 apply:

a) In the event of an accident, theft or other damage to the rental vehicle, the Customer or any other main driver designated by him must immediately notify the rental vehicle partner's office at the destination.

b) In the event of an accident or break-in or theft of the rental vehicle, the Customer or the other main driver or additional driver designated by him must call the police and wait at the scene of the accident or the location of the rental vehicle until they arrive and instruct them to prepare a police report. The police report must be sent to Sunny Cars GmbH immediately. If the police refuse to record the damage event on site by preparing a police report or filing a criminal complaint, the Customer or the other main driver or additional driver named by him must document when, how and which police station he notified and which police officer he spoke to and send this documentation to Sunny Cars GmbH.

c) The Customer or the other main driver or additional driver designated by him must prepare his own damage report (if possible with photos and a sketch) and document the names and addresses of those involved in the accident and any witnesses, as well as the licence plate numbers of the vehicles involved in the accident. This damage report must be signed by the Customer, or any other main driver or additional driver designated by him and sent immediately together with a copy of the primary rental agreement signed with the rental vehicle partner.

d) The Customer or the person driving the rental vehicle at the time the damage occurred must, upon separate request, provide Sunny Cars GmbH with an affidavit confirming that no proceedings have been initiated against him or her for committing a criminal offence or administrative offence due to the damage to the rental vehicle and that he or she has neither violated local regulations governing alcohol or drug consumption nor consumed medication that would impair his or her ability to drive when using the vehicle.

e) In cases where the “No Deposit” option has not been chosen by the customer and paid to the rental vehicle partner; the following additional regulations apply: ¿ Sunny Cars GmbH must be provided with proof of payment that the deposit was paid in cash or by credit card and that the rental vehicle partner has retained this amount or further charged the credit card. ¿ Sunny Cars GmbH must be provided with bank details for reimbursement purposes. ¿ If amounts initially withheld by the rental vehicle partner are refunded in whole or in part after Sunny Cars GmbH has reimbursed the withholding in accordance with the above provisions, or if it emerges that a claim for exemption within the meaning of section 6.2 did not exist or has ceased to exist, the Customer or the other main driver named by him is obliged to make a corresponding repayment to Sunny Cars GmbH without being asked to do so, using the following bank details:

UniCredit AG IBAN: DE64 7002 0270 0015 5468 28 Account holder: Sunny Cars GmbH BIC: HYVEDEMMXXX Purpose Res-No.: xxxxxxxRC

6.3 In the following cases, a refund of the retained deposit/the excess is excluded by Sunny Cars GmbH, or the Customer or the other main driver or additional driver named by him must reimburse Sunny Cars GmbH for the deposit or excess retained by the rental vehicle partner as a result of selecting the "No Deposit" option when booking: a) Damage resulting from non-compliance with the provisions of the Specific Rental Terms and Conditions, in particular driving on unpaved roads. b) Damage caused as a result of at least grossly negligent violations of local traffic regulations, in particular drunk driving, violations of speed limits, overtaking bans or other intentional or grossly negligent behaviour. c) Damage caused by the rental vehicle being driven by persons not listed as main or additional drivers in the primary rental agreement. d) As long as proceedings are pending against the driver of the rental vehicle for committing a criminal offence or an administrative offence as a result of the incident causing the damage, or if such proceedings have a legally binding effect and result in the imposition of a fine or penalty. e) If the rental vehicle is filled with the wrong fuel. The Customer has the right to prove that the incident that led to the deposit being used or the excess being charged caused no damage or only less damage than the amount retained or charged.

7. Inclusive Services

7.1 The services of Sunny Cars GmbH according to the Agreement concluded between these parties include. • unlimited kilometres, • motor vehicle liability insurance according to local conditions • additional motor vehicle liability insurance with a coverage amounts of EUR 10.0 million in accordance with separate insurance conditions, • an exemption right based on fully comprehensive insurance (CDW) and vehicle theft protection (TP) within the limits of section 6, • Airport fees, airport taxes and all local taxes at the time of booking confirmation.

7.2 In very rare cases, in the period between the booking confirmation issued and the start of the Agreement, there may be a subsequent introduction or increase of fees or taxes (i.e. airport fees, airport taxes or other taxes) over which Sunny Cars GmbH has no influence and which Sunny Cars GmbH could not have foreseen at the time of the booking confirmation. In these rare cases, Sunny Cars GmbH has the right to charge the Customer these subsequently introduced or levied fees or taxes in addition to the price stated in the Agreement if there is a period of at least four months between the time of the booking confirmation and the start of the Agreement. If Sunny Cars GmbH makes use of this right before the start of the Agreement and demands payment of such fees or taxes, the Customer has the right to declare withdrawal from the Agreement in writing or in text form (email to info@sunnycars.de is sufficient) within two weeks of receipt of the request, or at the latest by the day before the start of the Agreement. The Customer will then receive a prompt refund of any payments already made under the contract; the Customer must therefore state his or her bank details in any letter of withdrawal. In such a case, the Customer cannot make any further claims. Sunny Cars GmbH bears the burden of proof that the conditions for the right to increase prices under this paragraph are met. Failure by the Customer to exercise their right of withdrawal in a timely manner is deemed to be tacit consent to the price increase; in this case, Sunny Cars GmbH therefore acquires an additional claim for payment against the Customer. In the event of any subsequent request for payment, Sunny Cars GmbH will expressly draw the Customer’s attention to this in writing or in text form.

7.3 Costs, taxes, airport taxes and fees for any agreements made by the Customer with the rental vehicle partner regarding additional services in addition to the contract at the destination are not included in the prices (see also Section 16). The Customer makes such agreements exclusively in his own name and independently of the Agreement. The Customer or any other main driver or additional driver designated by him is expressly not granted any authority to enter into agreements on additional services on behalf of and for the account of Sunny Cars GmbH.

7.4 Additional drivers are often included in the price. Attention: Drivers not named in the primary rental agreement are nevertheless not authorized to drive the rental vehicle; the Customer must ensure that any other persons named by him as main and additional drivers in the booking are entered by name in the primary rental agreement by the rental vehicle partner (see Section 3 and Section 6.3 c).

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

8.1 The invoice issued by Sunny Cars GmbH is generally due 14 days before the agreed start of the Agreement (see also the provisions in section 2.5). Any due date that differs from this will be stated in the respective invoice. The prices for the offers are given in euros (EUR or CHF for bookings from Switzerland). The actual price calculation depends on the selected contract start date, which corresponds to the rental date.

8.2 Prices are calculated on a daily basis and can be changed at any time before the booking is completed and without prior notice, but not retroactively with regard to rental vehicle bookings that have already been confirmed by sending a voucher.

8.3 All prices are calculated on a 24-hour basis from the time of collection of the vehicle. This means that the rental vehicle must be returned on the day of return (usually at the place where the vehicle was picked up, unless otherwise agreed with the rental vehicle partner at the destination) no later than the same time at which it was picked up. In the event of a late return, the local rates and conditions of the rental vehicle partner at the destination will apply, over which Sunny Cars GmbH has no influence. Any additional costs resulting from this must be borne by the Customer. In the event that the rental vehicle partner at the destination charges Sunny Cars GmbH these additional costs, Sunny Cars GmbH is entitled to a refund from the Customer.

8.4 All prices are valid at the time of your query. Price changes and changes to these rental conditions are possible at any time and without prior notice for reservations that have not yet been confirmed by sending a voucher, i.e. until the contract is concluded. Furthermore, we reserve the right to change prices in accordance with the provisions set out in Section 7.2.

9. Rental by vehicle category

The rental vehicle partners at the destination maintain vehicle fleets with various models of comparable size and equipment, which are divided into vehicle categories. According to the provisions of the Agreement, the Customer is therefore entitled to a rental vehicle from the vehicle category selected by him or, if such a rental vehicle is not available, a higher vehicle category, but not to a specific vehicle model.

10. Contract documents

10.1 After booking, the Customer receives a voucher and the Specific Rental Terms and Conditions again, which also regulate the collection of the rental vehicle from the rental vehicle partner at the destination.

10.2 The voucher also includes a power of attorney issued by Sunny Cars GmbH to the Customer or to any other main driver designated by the Customer, which authorizes the Customer or the main driver to sign a (main) rental agreement with the rental vehicle partner at the destination on behalf of Sunny Cars GmbH for the service described in the contract, the voucher and the specific rental conditions and to collect the rental vehicle (see section 3.1).

11. Subsequent amendment of the Agreement

11.1 Should the Customer wish to subsequently change the contract, e.g. the time of rental or return, the vehicle category, the place of collection of the rental vehicle or its return, this change must be requested from Sunny Cars GmbH (if necessary via the responsible travel agency) and confirmed by them. If this confirmation is not given, the Customer alone will have to bear the resulting consequences. Such consequences may also result in the rental vehicle partner at the destination making payment claims against the Customer. In these cases, Sunny Cars GmbH is not liable for any inconvenience or additional costs incurred by the Customer.

11.2 Changes that jeopardise the planned handover of the rental vehicle, such as changes in arrival times at the handover location, e.g. due to changes in departure times, strikes or natural disasters, etc., must be reported immediately to Sunny Cars GmbH (emergency hotline (+31)23-5699696 or email: reservation@sunnycars.nl) and this information must also be communicated to the rental vehicle partner at the destination.

11.3 In the event of a delayed return of the vehicle by the Customer, the period of delay will be billed directly to the rental vehicle partner at their rates and conditions and Sunny Cars GmbH has no influence over this. If Sunny Cars GmbH has made advance payments for the Customer (e.g. in the case of the “No Deposit” booking option, see sections 2.5, 5.1, 5.6), the Customer must reimburse Sunny Cars GmbH for the amount paid.

11.4 In the event of early return, late collection or non-use of the booked rental vehicle, there is no right to a refund of the rental price. However, the Customer is entitled to prove to Sunny Cars GmbH that no or only minor damage was incurred as a result of the Customer's failure to execute the contract in accordance with the booking.

12. Cancellation/termination of the contract/exclusion of termination

12.1 Cancellations/terminations of the Agreement must be made in writing or in text form and sent to Sunny Cars GmbH by post (address: Sunny Cars GmbH, Diakenhuisweg 21, NL-2033 AP Haarlem, Nederland) or by email (reservation@sunnycars.nl). Cancellations or terminations made to third parties, e.g. to the tour guide or the rental vehicle partner at the destination, cannot be accepted.

12.2 Cancellation or termination is possible up to one hour before the start of the confirmed rental period; after this time, cancellation or termination is no longer possible and the price according to the reservation will apply. However, the Customer is entitled to prove that Sunny Cars GmbH has not suffered any damage or has suffered less damage than the forfeited rental price as a result of his cancellation/termination.

12.3 The provisions of Section 580a of the German Civil Code (BGB) do not apply to the contract between Sunny Cars GmbH and the Customer.

13. (Remains free for now)

14. Booking errors, service disruptions regarding the rental vehicle or the travel-related additional services, the Customer's obligation to mitigate damages

14.1 If there are any difficulties with the vehicle booking, the rental vehicle or any additional services, etc. (so-called service disruptions), the Customer or the other main driver designated by him must immediately contact the responsible travel agency or Sunny Cars GmbH (emergency hotline: +31 (0)23-5699696 or email: reservations@sunnycars.nl) so that the problem can be remedied immediately and a proper booking and contract process can be ensured.

14.2 If Sunny Cars GmbH is not available to the Customer or the other main driver designated by him outside of business hours due to problems with the rental vehicle or with any additional services, they must keep any damage that may arise from the service disruption as low as possible. If it becomes necessary to rent a replacement vehicle, Sunny Cars GmbH will bear any additional costs incurred under the conditions and within the limits of the provisions in sections 14.3 and 18 of these General Rental Terms and Conditions (Liability), but with regard to a replacement vehicle that may be required, this will only apply if the vehicle is rented from a vehicle category that corresponds to the category booked with Sunny Cars GmbH. Sunny Cars GmbH must be informed of such incidents immediately afterwards. It can be contacted 365 days a year at the following times: Mon–Fri from 09:00 a.m. until 08:00 p.m. Sat/Sun. from 09:00 a.m. until 05:30 p.m. Holidays from 11:00 a.m. until 04:00 p.m.

14.3 If the Customer fails to inform Sunny Cars GmbH immediately of an incorrect booking or other service disruption or similar (see sections 14.1 and 14.2), he shall bear the resulting damage himself to the extent that the damage could have been fully or partially avoided as a result of timely notification. The limitation of liability specified in the section “Liability” (see section 18) applies.

15. Age and driving licence requirements of the Customer/Driver

15.1 The minimum age for the driver of a rental vehicle is between 21 and 25 years for most rental vehicle partners and may be higher for higher vehicle classes. Some rental vehicle partners allow you to reduce the minimum age for an additional fee. Depending on the rental vehicle partner, there may also be a maximum age. The driver must have held a valid Class 3 or Class B (Euro standard) driving licence or an equivalent driving licence for at least 1 year, in some countries for 2 years, which he must present to the local rental vehicle partner together with a valid passport or identity card. Important: The above-mentioned ID cards must be presented in their original form; in particular, digital ID cards, photos of ID cards, etc. will not be accepted. The names entered in the ID cards must match; if name changes (e.g. as a result of marriage or divorce) have not been made in all the ID cards presented, an original official document must be presented which clearly explains the background to the existing name difference (e.g. marriage certificate, divorce decree). Attention: Driving licences from the former GDR are no longer accepted everywhere.

15.2 The Customer will be informed of the relevant regulations for his booking through the Specific Rental Terms and Conditions at the time of reservation, i.e. before the conclusion of the contract.

16. Special accessories/extras

Roof racks, child seats, snow chains, GPS, etc. can be requested for many locations. The Customer must obtain information about the additional charges, national and, if applicable, airport taxes and fees from the responsible travel agency or from Sunny Cars GmbH. Such additional costs to be borne by the Customer are not included in the price summary of Sunny Cars GmbH and do not become part of the Agreement between the Customer and Sunny Cars GmbH unless the Customer has expressly requested them from Sunny Cars GmbH in good time before the start of the Agreement and has received confirmation of this. Attention: The safety standards and practicality of child seats in many countries do not correspond to the standards usual in Germany; it may therefore be advisable to bring your own child seat.

17. Refuelling regulations

The Customer or any other main driver or additional driver nominated by the Customer must observe the refuelling regulations (pick-up/return) specified by the rental vehicle partner at the destination; these regulations are also described in the Specific Rental Terms and Conditions.

18. Liability

18.1 Sunny Cars GmbH assumes no liability for the fact that the handover of the booked rental vehicle does not take place on site for reasons that are attributable to the Customer or to the other main driver designated by him and for which Sunny Cars GmbH is not responsible. Such reasons include, for example: failure to present a driving licence, or presentation of one that is no longer valid; lack of an original ID card; presentation of a driving licence that does not meet the local driving licence requirements at the destination; failure to comply with minimum or maximum age regulations; failure to comply with the credit card requirement in some destinations (see the “Deposit” section and the Specific Rental Terms and Conditions).

18.2 Sunny Cars GmbH shall not be liable for any loss of items due to theft from the rental vehicle. The same applies in the event of damage or loss due to an accident, as well as other costs that may arise as a result of an accident (hotel costs, telephone costs, taxi costs, costs for hiring a replacement vehicle, damage or loss of personal items, etc.).

18.3 Furthermore, Sunny Cars GmbH shall only be liable for damages without limitation for its own intent and gross negligence. For simple negligence, Sunny Cars GmbH shall only be liable, limited in amount to the foreseeable damage typical of the contract, insofar as it breaches an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In cases of initial impossibility, Sunny Cars GmbH is only liable if it was aware of the impediment to performance or if the lack of knowledge was due to gross negligence.

18.4 The above limitations or exclusions of liability do not apply to damages resulting from injury to life, body or health for which Sunny Cars GmbH is responsible.

18.5 To the extent that the liability of Sunny Cars GmbH is excluded or limited, this also applies to the personal liability of its bodies, employees, staff, representatives and vicarious agents.

19. Applicable law

The contractual relationship between the Customer and Sunny Cars GmbH is governed by Dutch law, excluding the UN Convention on Contracts for the International Sale of Goods. The Court in Haarlem is competent to take cognizance of these disputes.

20. Procedure for out-of-court dispute resolution

Regardless of whether Sunny Cars GmbH participates in the alternative dispute resolution procedure, it is legally obliged to inform its Customers of the following: Since 15 February 2016, the European Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without having to go to court. The dispute resolution platform is available at the external link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. In this context, Sunny Cars GmbH is also legally obliged to inform its Customers of its own e-mail address. The e-mail address is: reservations@sunnycars.nl.

Last updated:

November 2024