We are brokers

Sunny Cars AG (hereinafter referred to as Sunny Cars) brokers hire cars for you from its contracting company (the Car Hire Business). The hire agreement is concluded between the Customer and the local Car Hire Business. Sunny Cars is not the agent of the respective Car Hire Businesses.

Price information and calculating prices

The prices and services mentioned in our brochure and on our home page applied either at the time of going to press or of consulting our website. However, we reserve the right either to confirm your reservation at the stated price or within one week to make a modified offer with respect to your desired booking. Reservations which have already been confirmed are not affected by this proviso. The prices include unlimited mileage, motor vehicle third-party insurance according to the local conditions, fully comprehensive cover (CDW), theft protection (TP), airport tax and all local taxes (with the exception of local taxes on any supplementary contracts concluded by the person hiring the car. For all car hires, we guarantee on top: the sum covered for motor vehicle third-party insurance will be at least EUR 7.5 million (see "motor vehicle third-party insurance") with no excess in the case of fully comprehensive cover and theft insurance, and including damage to the underbody, glass and tyres (see "Conditions for refunding the retained deposit in the event of a claim"). For detailed information about specific destinations please ask your travel agent or us, or alternatively get the information from our home page when selecting your destination. The prices given are updated every 24 hours starting from the time when the car is collected, which means that cars must be returned on the final day of the hire period at the latest by the time they were collected. If cars are returned late local tariffs and conditions will apply over which Sunny Cars has no influence.

Reservations by car classes

Reservations can only be confirmed for a given car class rather than for a specific model. Any specific cars mentioned are simply typical examples of the size and performance applying to that car class. If a car of the reserved class is not available, the local Car Hire Business reserves the right to provide a car of a higher class.

Reservation documents

After receipt of payment for a confirmed reservation you will always be sent the following documents: a) a voucher (the booking confirmation to be handed in at the Car Hire Business) b) information sheet on your chosen destination (with a list of services included and not included, the Car Hire Business conditions of hire, etc.). If the booking documents are incomplete please inform Sunny Cars without delay.

Changing reservations

To be binding, requests for the extension of a reservation at Sunny Cars prices and conditions must be made to and confirmed by Sunny Cars at least 24 working days before the end of the hire period. Otherwise the extension will be subject to local tariffs and conditions over which we have no influence. On-the-spot changes to the booked car class will also be subject to local tariffs and conditions. No right to refunds exists in the event of the early return, late collection or non-collection of a reserved hire car. Sunny Cars must be notified immediately of any changes to details relevant to your hire car booking (including the flight date and arrival time if arriving at the collection place by plane). If you fail to do so we cannot guarantee prompt availability of the booked car.

Cancelling reservations

Cancellations must be made in writing and sent during office hours to Sunny Cars AG, Paul-Gerhardt-Allee 42, DE-81245 Munich (fax or email are acceptable). Cancellations on location, for instance via the courier or at the car hire counter, will not be accepted. In the event of cancellation before the arranged hire start time Sunny Cars may make the following charges without being required to demonstrate any corresponding loss: up to five days before the collection date: EUR 25 (CHF 50), between one and four days before the collection date: EUR 50 (CHF 100). No cancellations will be accepted on the collection date or thereafter. You have the right to prove that your cancellation causes us no or only insignificant loss.

Cancellation cover

We recommend taking out our cancellation cover. This covers all cancellation costs incurred up to four hours before the arranged collection date. The cover costs EUR 0.50 (CHF 1) per day of hire, with a minimum fee of EUR 3.50 (CHF 7). The cancellation cover must be taken out when making a booking. It is not possible to take out the cover at a later date.

Liability

Sunny Cars disclaims all liability if the actual hiring out of the booked hire car does not take place for reasons related to the person hiring the car. Examples of such reasons include the following: failure to present a driving license, presentation of an invalid driving license, presentation of a driving license not meeting the Car Hire Business validity requirements, failure to comply with minimum or maximum age regulations, non-compliance with credit card obligations in some destinations (see Deposit?). Otherwise, Sunny Cars has unlimited liability for damages only in cases of wilful action or gross negligence on its part. In the event of minor negligence Sunny Cars shall only be liable to the extent of foreseeable, contractually-typical loss or damage in cases where Sunny Cars is in breach of a cardinal obligation, i.e., an obligation compliance with which is of particular importance for the achievement of the contractual purpose. In the event of initial impossibility Sunny Cars shall only be liable if it was either aware of the hindrance to contractual performance or its unawareness thereof was due to gross negligence. The above limitations and exclusions of liability do not apply to claims arising from loss of life, physical injury or harm to health. In so far as Sunny Cars liability is disclaimed or limited this also applies to the personal liability of its governing bodies, employees, representatives and vicarious agents. Except in the case of claims arising from unlawful action, any claims for damages where liability is limited in accordance with the provisions of this Section lapse after one year. Sunny Cars is not liability for claims arising from the hire relationship with the Car Hire Business. Sunny Cars also offers no guarantee for the hire car itself. In this respect the customer[`s recourse] is limited to his/her local contractual partner.

Booking errors and customer service

If difficulties are encountered locally with the booking please contact our central reservations office immediately so that we can provide assistance and ensure an orderly booking procedure. To do so please ring +49 (0)89 82 99 33 10 between 9 a.m. and 8 p.m. Mondays to Fridays and between 10 a.m. and 6 p.m. on Saturdays, Sundays and public holidays. If you are affected by an erroneous booking or the unavailability of a reserved car outside these business hours when we are unavailable to assist, you must keep any loss arising from the erroneous booking as small as possible. If the situation requires the hiring of a replacement car, Sunny Cars will only meet the additional costs of hiring a car in a vehicle class corresponding to the class originally booked with Sunny Cars. Sunny Cars must be notified of this state of affairs as soon as possible during the next-available business hours. If the customer fails to notify Sunny Cars of an erroneous booking or similar [problem] Sunny Cars will not be obliged to provide compensation for any loss which would not have arisen if Sunny Cars had been notified as soon as possible. The limitation on liability set out in the "Liability" section also applies to booking errors.

Car third party liability insurance

Many car rental companies provide unlimited third party liability insurance cover. If the 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.

Deposit

The conditions of hire of our local car hire partners require the payment of a deposit on collection. Please note than many of our car hire partners require a credit card for this purpose.

Conditions for refunding the retained deposit in the event of a claim (applies to car hires from 1.04.2008 onwards)

If you are involved in an accident or if the car is damaged or stolen, the Car Hire Business will retain the portion of the deposit corresponding to the sum not covered by the motor vehicle insurance on your hire car (i.e., the excess). Please check the local exclusions applying to the motor vehicle insurance. In this case Sunny Cars will refund the retained portion of the deposit, including in the event of damage to the underbody, glass and tyres, provided you comply with the conditions set out below and furnish Sunny Cars immediately with the following documents, and also provided none of the grounds for exclusion cited below applies: a) notify the car hire outlet without delay; b) if another party is involved in the accident or in the event of theft ring the police, who will prepare a police report which you should pass on to Sunny Cars on your return; c) make sure a damage report is prepared by the local car hire outlet and signed both by the local car hire company and yourself. This should then be passed on to Sunny Cars along with a copy of the local car hire company´s hire contract; d) Sunny Cars must be furnished with proof that you have either paid the deposit in cash or had it debited from your credit card; e) please give Sunny Cars your banking details; f) on separate request by Sunny Cars please confirm in writing that no proceedings have been initiated against you on suspicion of committing either a criminal offence or a misdemeanour in connection with the damage to the car. The retained deposit will not be refunded under the following circumstances: a) damage due to disregarding the general terms and condition of hire, in particular due to driving on unsurfaced roads; b) damage due to driving while under the influence of alcohol or grossly negligent action; c) loss of or damage to the ignition key; d) damage to the hire cars oil sump; e) if proceedings against you are impending on suspicion of committing either a criminal offence or a misdemeanour in connection with the damage to the car, or if such proceedings have led to the imposition of a fine or other punishment; f) if the local insurance does not cover the principal damage to your hire car. The terms and conditions of the local car hire company`s hire contract apply in this respect.

Valid as of

01 February 2008

Additional information for our customers

Below we have put together some general information on a variety of different topics. For detailed information about specific destinations please ask your travel agent or us, or alternatively get the information from our home page when selecting your destination. After you make your booking you will receive an information sheet on your chosen destination (see Reservation documents section) which will also set out the regulations in detail. Local Costs Additional insurance may be taken out once you reach your destination, for instance passenger accident insurance (PAI). In some countries additional charges will apply, for instance airport charges at some outlets, and local tax must be levied on all such local extras. Special Accessories At many destinations special accessories such as child seats, roof racks, etc., are available free of charge, but please note that the safety standards applying to child seats, especially in southern countries, are not as stringent as those customary in Germany. We recommend taking your own child and baby seats if at all possible. Collecting the Hire Car If collecting the car at the airport you will normally find a counter in the arrivals hall. If not you will either be met by a representative or a shuttle bus will take you to the nearest car hire outlet. If collecting the car at a hotel the car will either be delivered or a shuttle bus will take you to the nearest car hire outlet. The collection details applying at your destination will be given on your voucher ("Collection/Delivery Instructions"). On collection please inspect the car for damage and make sure any damage is detailed on the hire agreement. If the car has any defects please point these out immediately on collection. Please note the precise rules governing fuel (e.g., returning with a full or empty tank) as these vary from business to business. Age of Drivers The minimum driver age in most countries is between 21 and 25, though for higher vehicle classes it may be even greater. At some destinations the minimum age may be reduced against payment of an additional charge. Some destinations may also apply a maximum age. Driving License The driver must have held a valid driving license for at least one year, and in some destinations must also possess a Class 3 (B) international driving license. On collection of the car a valid passport or personal identity card must be presented along with the driving license. At some destinations drivers may be required to have held their driving license for a longer period before they can hire cars in higher vehicle classes. One-way Hires At many destinations you may be able to return the hire car somewhere other than the car hire outlet where you collected it. Any associated additional costs will be charged locally.