General terms and conditions of business of autobooker.com by Sunny Cars GmbH
1. We are brokers
autobooker.com by Sunny Cars GmbH (hereinafter "autobooker") acts as your broker in concluding a rental agreement for a rental car from its contracting companies (hereinafter also referred to as "vehicle rental company" or "lessor"). The rental agreement comes into effect between the customer, i.e. you, and the respective vehicle rental company. Only the vehicle Rental Company, but not autobooker, undertakes to perform the service in the rental agreement for you; autobooker is not the lessor of your rental vehicle.
2. Reservation based on vehicle categories
Bookings and confirmations of bookings are valid for a specific vehicle category, not for a specific vehicle model. The lessors maintain vehicle fleets with various models of comparable size and with comparable features from different manufacturers. For that reason, the lessors reserve the right to provide you with an equivalent vehicle or a vehicle of a higher quality than the one you booked.
3. Vehicle booking, vehicle collection
You select the vehicle category and the collection and return stations as well as the relevant date and time. When renting a vehicle from an airport station, you are required to provide your flight information (airline, flight number, scheduled arrival time). In this way, the car rental company can hold the reservation at least during the regular station opening hours in the event of a flight delay. When renting a vehicle from an urban rental station, it is sufficient to indicate the time that the vehicle will be collected. Please note that the lessor will generally hold the rental vehicle for another 30 to 60 minutes after the booked collection time as long as this is within the station opening hours. The entitlement to the booked vehicle elapses after this grace period, as the dates/times indicated by you when you make the reservation are binding. When collecting a vehicle outside normal station opening hours, an additional fee will be charged on site. If necessary, you can agree with the vehicle rental company at the time you collect the vehicle to return it outside the station opening hours as long as the return station of the lessor has a key drop/document post box. Please note that in this case you may be liable to the rental vehicle company for any damage to or loss of the rental vehicle until the rental station next opens.
4. One-way rentals
Vehicle rentals that end at a different place/station than the collection place/station are generally possible without any problems within a country. They must, however, be requested from the vehicle rental company and reconfirmed before we can make a binding booking for you. Any fees for the one-way rental are to be paid directly on site at the car rental company. Additional one-way rental fees are always incurred in principle for international one-way rentals in so far as these are possible (cf. also section 5 on this).
5. Special accessories / extras
Accessories such as child seats, roof racks and snow chains, etc., can always be booked only on request and must be reconfirmed by the lessor. The fees/rental prices for these special accessories are to be paid directly on site at the lessor in the national currency.
6. Trips to other countries
At many lessors, there are restrictions on cross-border trips. Should you be planning to drive across a border, enquire at autobooker before making your booking and have it confirmed that the trip you have planned is permitted with the rental vehicle. Where it is permitted to drive the vehicle abroad, the lessor can request an additional fee and/or that additional insurance be taken out as compulsory or set another, higher amount for the excess in the event of damage/vehicle theft. You must pay additional costs of this kind on site at the vehicle rental company.
7. Confirmation of booking / voucher / rental car voucher
To confirm your vehicle rental, you will receive from autobooker a voucher / rental car voucher and a leaflet with important information on collecting the vehicle. If you are going to depart soon and you have still not received these documents, please inform autobooker immediately.
8. Conformation of payment, price calculation, price changes
The payment for your reservation must be made by a credit card (e.g. MasterCard, Visa, American Express) that is issued in the name of the hirer and that must be valid beyond the rental period. You will receive a confirmation of payment immediately after payment has been made.
All prices are calculated on a 24-hour basis from the time that the vehicle is collected. This means that vehicles must be returned (generally at the place that the vehicle was collected unless otherwise agreed with the vehicle rental company) on the return date by no later than the same time at which it was collected. In the event that the vehicle is returned late, the local tariffs and terms and conditions of the vehicle rental company shall apply; autobooker has no influence on these. Any additional costs incurred as a result are to be borne by you and will be invoiced directly to you by the vehicle rental company. All prices are valid at the time of the customer’s enquiry. Prices or terms and conditions can be changed at any time and without prior notice for bookings that have not yet been confirmed by the sending of a voucher / car rental voucher.
9. Requirements for collecting the vehicle
The driver must have been in possession of a valid Class 3 or Class B (European standard) driving licence or an equivalent driving licence for no less than one year, or two years in many countries.
The minimum age of the driver of a rental vehicle is between 21 and 25 in most countries, but it can also be higher than that for higher vehicle classes. In some destination areas, the minimum age can be reduced by the payment of an additional charge. There may also be a maximum age depending on the destination area. In rare cases, a certificate from a doctor stating the hirer is fit to drive must be presented by the hirer if they are older than a certain age.
Please make sure you are informed of the conditions relevant for you before you make your reservation.
10. Documents to be presented when collecting the vehicle
The lessor on site will ask for the following documents to be presented at the time of collecting the vehicle:
10.1 Driving licence
A valid national driving licence issued in the name of the hirer. Any additional drivers to be registered in the rental agreement must also present a valid national driving licence. Some lessors additionally request the presentation of an international driving licence for legal reasons in the country where the vehicle is rented. This is noted where appropriate in the terms and conditions of rental, which are sent separately. If the valid national driving licence is not or is only partly issued in the Latin alphabet, the presentation of an international driving licence is also obligatory. Note: driving licences of the former German Democratic Republic are no longer accepted everywhere.
The passport must be issued in the name of the hirer and must be valid beyond the rental period.
10.3 Deposit, credit card
A credit card (e.g. MasterCard, Visa, American Express) that is issued in the name of the hirer and that is valid beyond the rental period must be presented as security (deposit). Debit cards (e.g. Maestro, Visa Elektron, Carte Bleue) and prepaid credit cards are not accepted for payment of deposit. The deposit will either be earmarked in the credit card account of the hirer (authorization) or debited from the credit card account. The deposit will be released again and refunded to the credit card account immediately after the vehicle is returned provided that the hirer returns the rental vehicle to the lessor at the agreed end of the rental in a condition that is in conformity with the agreement (please note the refueling regulation in the rental agreement in particular). Costs or charges for additional services booked with the vehicle rental company (e.g. for additional insurance booked by you on site etc.) are charged by the vehicle rental company to the credit card in accordance with its conditions; autobooker has no influence over these.
10.4 Address, telephone number of the person hiring the vehicle.
The majority of lessors also request details of an address in the country where the vehicle is rented at the collection time or, at minimum, details of a telephone number on which the hirer can be contacted during the rental period.
10.5 Voucher / rental car voucher / rental agreement / damage to the vehicle
In order for you to receive the vehicle from the vehicle rental company, you must hand over to the lessor the rental car voucher / voucher that we have sent to you and also confirm the vehicle rental agreement for your rental vehicle by signing for it. Read the rental agreement through carefully before signing, and keep a copy of it. Check the vehicle for any damage when you collect it, and have this damage confirmed in writing without fail in order to ensure a smooth return of the rental vehicle. When the vehicle does not correspond to your reservation or if you discover defects or damage, please lodge a complaint immediately on site during collection. Complaints made later cannot be recognized.
11. Limitation of liability in the event of damage to or theft of the rental vehicle
11.1 "SuperCover" as an offer from the car Rental Company
In some offers, the customer can also select SuperCover/SuperCDW offered by the car rental company during the booking process or book an offer that already contains this SuperCover/SuperCDW. By booking this offer, the excess normally charged by the car rental company in the event of damage or vehicle theft is significantly reduced or even excluded (details can be found in the relevant offer).
11.2 Insurance on site
It is the responsibility of the customer to accept or reject the additional insurance offered to them by the vehicle rental company on site, as autobooker cannot judge whether insurance of this kind makes sense for the customer in question and offers the desired protection.
12. Subsequent changes to confirmed bookings; late vehicle return; non-use of the booked vehicle
Any subsequent changes of the vehicle rental company, the vehicle category, the duration of the vehicle rental agreement or the place of collection or return of the vehicle that you may require before the vehicle rental begins will be offered to you by us at the current daily rental price if possible. The extension of an existing reservation at the price and under the terms and conditions of autobooker must be requested from and confirmed by autobooker by no later than 48 hours before the end of the rental. Otherwise, the settlement is made at the local tariffs and terms and conditions of the vehicle rental company, over which we have no influence. Any changes to the vehicle rental agreement agreed by you with the vehicle rental company on site are made at the local tariffs and terms and conditions of the vehicle rental company. No claim for a refund exists in the event that the booked vehicle is returned early, collected late or not used (provided there has been no cancellation within the meaning of section 12).
13. Cancellation of the vehicle booking
Cancellations must be made in written or electronic form and be received by autobooker during office hours; by fax: +49 (0)89 44 35 50 15 99 or by e-mail: firstname.lastname@example.org.
• up to 48 hours before the rental commences are free of charge;
• within 48 hours before and up to the time the rental commences will be billed at 10% of the rental price, but at least 50 euros.
The rental cannot be cancelled after it has commenced; the vehicle rental price pursuant to the confirmed vehicle booking is incurred. In exceptional cases involving certain higher quality vehicle categories and/or in high seasons, cancellation regulations of the vehicle rental company that diverge from the above may apply with higher charges. Divergent regulations are noted in the terms and conditions of the lessor that you are given before entering into the agreement. In these cases, however, you are entitled to furnish proof that less or even no damage has been incurred.
14. Customer service
Should problems arise during the vehicle rental for which you are not at fault, please contact the car rental company directly. You will find the contact details in the rental agreement. autobooker will also be happy to provide assistance and will inform you of the contact details of the relevant customer service departments.
15. Limited liability of autobooker.com by Sunny Cars GmbH
autobooker is liable to you only within the limits of the provisions in section 14 of this document and only for the brokerage service performed by it, i.e. the proper forwarding of your booking to the vehicle rental company as well as the forwarding of a booking confirmation from the vehicle rental company to you. This does not absolve you from the requirement to check whether the booking confirmation that you receive corresponds to your booking. Should this not be the case despite the exercise of the greatest possible care by autobooker and the vehicle rental company, you are required to lodge a complaint with autobooker immediately in written or electronic form (by fax: +49 (0)89 44 35 50 15 99 or by e-mail: email@example.com).
autobooker shall not be liable in particular for claims arising from the vehicle rental agreement. autobooker also does not assume any guarantee concerning the rental item itself. In this respect, the customer is limited to asserting claims against the vehicle rental company.
autobooker also does not assume any liability if the collection of the booked rental car does not take place on site for reasons that lie in the person of the hirer or of the vehicle rental company and for which autobooker is not responsible. Reasons include for example: failure to present a valid driving licence; presentation of a driving licence that does not fulfill the requirements of the lessor concerning driving licences; noncompliance with regulations governing minimum or maximum age; non-compliance with the credit card obligation; performance capability of the vehicle rental company, e.g. on account of insolvency (in this latter case, autobooker will refund you the rental price for the booked vehicle). Any liability of autobooker for the loss of items on account of theft from the rental vehicle is excluded. The same shall apply in the event of damage to or loss of these effects on account of an accident as well as to other costs that may be incurred as the result of an accident (towing charges, hotel expenses, telephone charges, taxi fares, costs for renting a replacement car, damage to or loss of private effects, etc.). autobooker shall be liable for ordinary negligence only, and to an amount limited to the foreseeable damages typical of this type of contract, if autobooker breaches a duty, compliance with which is of particular importance for achieving the aim of the contract (material contractual obligation). In the event that performance is impossible from the outset, autobooker shall be liable only if it was aware of the impediment to performance or its lack of awareness is based on gross negligence. The above limitations or exclusions of liability shall not apply for damages arising from injury to life, limb or health for which autobooker is responsible. If the liability of autobooker is excluded or limited, this shall also apply to the personal liability of its executive bodies, employees, workers, personnel, representatives and vicarious agents. With the exception of claims arising from tort, claims for the compensation of damages for which the liability is limited pursuant to this section, "Liability", become time-barred after one year.
16. Claims against autobooker
Legal claims that might accrue to you against autobooker on account of or in connection with your vehicle booking are subject exclusively to the laws of the Federal Republic of Germany unless mandatory statutory regulations dictate otherwise. If this can be agreed to the extent permitted by law, the venue is Munich.
17. Other provisions
If a provision of these general terms and conditions of business should be invalid in full or in part, the validity of the remaining provisions shall not be affected. The fully or partially invalid provision shall be replaced – if necessary by a decision of the courts – by a regulation that most closely approximates the intended purpose of the fully or partially invalid provision, taking into due consideration all aspects that have led to the provision becoming invalid.
Updated: October 2018