Booking Terms and Conditions of booking of Sunny Cars GmbH

1. Sunny Cars GmbH is a commercial agent

Sunny Cars GmbH is a commercial agent of Sunny Cars International GmbH and of Sunny Cars B.V. with authority to contract. Sunny Cars GmbH is entitled to receive and process booking enquiries from private individual interested in rental car holidays (referred to below as “Customers”) for Sunny Cars International GmbH and Sunny Cars B.V. and to enter into vehicle rental agreements and agreements on the provision of additional services relevant to travel (referred to below as the “Agreement”) in the name and for the account of Sunny Cars International GmbH and Sunny Cars B.V. with Customers requesting this.

2. Additional motor vehicle liability insurance

2.1. Sunny Cars GmbH has taken out a supplementary Motor Vehicle Third Party Liability Insurance with HanseMerkur Reiseversicherung AG with its registered office at Siegfried-Wedells-Platz 1, D-20354 Hamburg, with a coverage amount of €10 million per claim. The insurance conditions applicable in connection with the contract in question can be found in the current insurance policy, which the customer can access prior to booking (e.g. via the Sunny Cars GmbH website). 

2.2. The premiums for this additional civil liability insurance are included in the price.

2.3. The customer receives a reference to the policy and all provisions of the insurance conditions together with the voucher, whereby the customer, by accepting these, agrees to the offer made for the conclusion of an agreement between him and Sunny Cars International GmbH resp. Sunny Cars B.V.

2.4. The customer is entitled to assert any claims related to the coverage of the additional insurance against civil liability in compliance with the 'Terms and Conditions of the HanseMerkur Reiseversicherung AG with registered office in Hamburg (Insurance Terms and Conditions) also without the consent of Sunny Cars GmbH against the HanseMerkur Insurance Company AG.

3. Collection

Sunny Cars GmbH is entitled to collect the accounts receivable resulting from the respective Agreement between Sunny Cars International GmbH/Sunny Cars B.V. and the Customer.

4. Legal relationships between Sunny Cars International GmbH and the Customer, liability

4.1. Between the customer and Sunny Cars GmbH explicitly no brokerage or car rental contracts or agreements on the provision of additional travel-related services - with the exception of the commitment on the coverage of an additional third-party liability insurance in accordance with point 2 - nor any other legal relations come into being. Legal claims, in particular concerning the rental of a vehicle and those concerning the provision of additional travel-related services, can consequently only be asserted by the Customer against the car rental company in question and/or the local fleet supplier.

4.2. Sunny Cars GmbH is only liable for damages caused by its own intent or gross negligence without limitation. For ordinary negligence, Sunny Cars GmbH is only liable for damages provided for in the agreement and limited to a certain amount, insofar as Sunny Cars GmbH does not fulfil an obligation, the fulfilment of which is important for the execution of the purpose of the agreement. For other cases of initial impossibility, Sunny Cars GmbH is only liable if it was aware of the impossibility of performance or if the ignorance is based on gross negligence.

4.3. The above limitations and exclusions of liability do not apply to damages for which Sunny Cars International GmbH or Sunny Cars B.V. is responsible and which relate to death, bodily injury or health damage

4.4. Insofar as the liability of Sunny Cars GmbH is excluded or limited, this also applies to the personal liability of its institutions, delegates, employees, associates, representatives and agents.

5. Data protection clause

5. Privacy provisions

5.1 Sunny Cars GmbH is responsible within the meaning of the General Data Protection Regulation (AVG/GDPR). Personal data of the customer are collected, processed and used by Sunny Cars GmbH exclusively for contractual purposes or the performance or termination of these agreements. The transfer of data to third parties only takes place to the extent required for the performance of the contract. Any other use requires the legal consent or prior agreement of the customer.

5.2 The customer may at any time object to the processing or use of his data for advertising purposes or market or opinion research. The objection should be addressed to: Sunny Cars GmbH, Diakenhuisweg 21, NL-2033 AP Haarlem or via e-mail to gegevensbescherming@sunnycars.nl .

6. Choice of law

Only Dutch law shall apply, insofar as there are no mandatory statutory rules against this. The Court in Haarlem is competent to take cognizance of these disputes.

7. Procedure for out-of-court dispute resolution:

Regardless of whether we participate in the alternative dispute resolution process, we are legally required to advise you of the following: The European Commission has provided a platform for out-of-court dispute resolution since 15 February 2016. This gives consumers the opportunity to resolve disputes relating to online purchases without going to court. The dispute resolution platform can be accessed using the external link http://ec.europa.eu/consumer/odr. In this context we are also required by law to provide you with our e-mail address. It is: reservation@sunnycars.nl.

Last updated:   
March 2024

These translations of the Booking Terms and Conditions are for service purposes only, but have been carefully composed with the best intentions and scope. In case of any (legal) dispute, the text and all legal implications of the applicable Dutch Booking Terms and Conditions will prevail under all circumstances.