General Terms and Conditions
General
The rental agreement exclusively concerns the rental of a vehicle (campervan, motorhome or similar) with standardized interior fittings and suitable camping equipment. The lessor and the lessee hereby conclude an agreement which is exclusively regulated by the law of the Federal Republic of Germany.
If legally permissible, the terms and conditions of the rental agreement shall take precedence over any other laws that may be applied to the rental relationship. The vehicles may only be used for private purposes such as holidays or sports events, while any type of relocation is not permitted.
The lessee is responsible for the use of the vehicle and organizes their own trip. The lessor is not obliged to provide travel services or owe a whole set of travel services. The provisions of the package travel contract do not apply to the rental relationship.
All agreements between lessor and lessee must be fixed in writing, while verbal collateral agreements are invalid. The rental agreement also includes the handover protocols, which must be fully completed and signed upon pickup and return of the vehicle.
If a vehicle is rented at a location in Germany, the law of the Federal Republic of Germany exclusively applies. The United Nations Convention on Contracts for the International Sale of Goods and the German International Private Law are excluded. If the rental takes place at a location outside of Germany and the lessee is a consumer, the mandatory consumer protection provisions of the respective state in which the lessee has their habitual residence shall apply, provided that they offer the lessee further protection.
Renting a campervan as a home office space by corporate customers or lessees does not constitute use for commercial purposes.
Sunshine Vans GmbH
Sunshine Vans GmbH is a German company, whose managing director Maximilian Schmitzberger is the sole authorized representative. The company rents its vehicles and booked accessories to its tenants for an agreed period of time.
The headquarters of Sunshine Vans is located at the following address:
Salmas 54 87534 Oberstaufen
The company is registered at the commercial register court of Amtsgericht Kempten under the number HRB 16924.
Telephone: +49 8325 3579821
Email: info@Sunshine-Vans.de
If necessary, individual agreements regarding the rental contract can be arranged with the lessee and must be fixed in writing. These individual agreements take precedence over the general terms and conditions in individual cases.
Formation of Contract
A rental contract with Sunshine Vans GmbH is concluded through a mutual agreement between the lessee and the company in the form of an offer and acceptance declaration, which is made by email, fax or through the Sunshine Vans GmbH website.
Natural and legal persons who are legally and commercially capable and can assume the obligations of the contract can act as tenants.
The general terms and conditions (GTC) of Sunshine Vans GmbH take precedence over the GTCs of any other third parties that may be applicable to the rental agreement.
Rental period
For long-term rentals of at least 30 days, a 5% discount is granted. The rental period begins upon the vehicle’s handover and ends with its return, which is determined during online booking.
A delayed return of over an hour will incur a fee of 30 euros. Each additional hour will also be charged at 30 euros. If a subsequent renter is affected by this delay, the renter who returned the vehicle late will also bear the costs of damages for the subsequent rental.
Ordinary termination of the rental agreement is not permitted, particularly before the contract start date. However, the right to extraordinary termination and withdrawal in accordance with applicable laws remains unaffected. An extraordinary right of termination may arise, for example, but not exclusively, from the renter’s breach of obligations.
Rental object
Sunshine Vans GmbH provides the vehicle named in the booking confirmation to the renter. In the event of the rented vehicle being unavailable, the GmbH is entitled to provide an equivalent vehicle, unless the renter can demonstrate a legitimate interest in early termination of the contract. Optional additional equipment can be booked for an extra charge and must be agreed upon in writing. Further information is available on the vehicle detail page on the Sunshine Vans website.
The vehicle is handed over with a full tank and already filled with sufficient motor oil. It is covered by liability and comprehensive insurance, with a coverage amount of 100 million euros. In the event of partial damage, the renter’s deductible is 100 euros, while damage to the interior of the vehicle, the awning or the pop-top roof is not covered by the comprehensive insurance and must be fully borne by the renter.
Damages caused by improper operation are also not covered by the exemption from liability. The renter is obligated to report all damages to Sunshine Vans GmbH. Liability limitations do not apply to damages caused by negligent or intentional behavior (e.g., alcohol or drug consumption), failure to observe height and width restrictions, overloading, over-revving of the engine, or driving with too low oil or water level. Similarly, damages resulting from driving on unsuitable roads are fully borne by the renter.
For each booked day, the renter can move the vehicle 300 km free of charge. Each additional kilometer will be charged at 0.36 € in the final invoice. From a rental period of at least 15 days, all kilometers are free.
Driver Requirements
At the time of vehicle handover, the renter must present a valid driver’s license (including international, if required), a valid form of payment, and a national identity card or passport. If the renter is unable to provide these documents, Sunshine Vans GmbH reserves the right to withdraw the rental agreement. In such case, the renter cannot claim for non-performance and may have to reimburse any costs or damages resulting from the withdrawal.
The vehicle may only be operated by the renter or a driver listed in the handover protocol. The renter is liable for the conduct of any driver appointed by them. The renter and/or driver must be at least 21 years old and have at least 1 year of uninterrupted driving experience with a passenger car or comparable vehicle. In the case of multiple renters, they are jointly and severally liable.
Persons who do not meet the aforementioned conditions are not entitled to operate the vehicle. Any violation of this provision entitles Sunshine Vans GmbH to withdraw from the contract immediately. The renter and/or driver are jointly and severally liable for any resulting damages. Unauthorized drivers do not benefit from insurance coverage provided by Sunshine Vans GmbH, but only from the legally required liability insurance coverage.
Travel Area
The area where the vehicle may be rented extends to Europe. An extension of the contractual area can be individually agreed upon request. This agreement must be recorded in writing. Travel to war zones is prohibited.
The renter is responsible for familiarizing themselves with applicable laws, particularly traffic and regulatory provisions as well as toll obligations of the country. The technical specifications and equipment of the vehicle must also be observed by the renter. In case of a breach of these obligations, the renter is liable to Sunshine Vans GmbH. If Sunshine Vans GmbH is held liable as the vehicle owner, for example due to fines or warning fees, they have a right to be indemnified by the renter.
Prices and Payment Terms
The renter must pay Sunshine Vans GmbH the rental fee for the agreed period, the amount of which depends on the duration and date of the rental. The rent includes the provision of the vehicle, maintenance, repairs due to normal wear and tear, and the agreed insurance coverage. This includes liability insurance, comprehensive insurance, collision insurance, European breakdown cover, and emergency management service. A one-time service fee of 80 euros will be charged for each rental. Fuel costs, lubricants, and any cleaning costs are the responsibility of the renter. Additional services and products can be purchased for an additional fee. Payments are to be made to the specified account of Sunshine Vans GmbH. Discount promotions cannot be combined. By making the transfer, the renter agrees to receive invoices by email.
Security deposit
To protect the claims of Sunshine Vans GmbH under the rental agreement, the renter must pay a security deposit of 1000 EUR. This amount is due upon handover of the vehicle and the vehicle will not be handed over without it.
After the rental agreement has ended, the security deposit will be refunded if the vehicle has been returned in accordance with the contract and no further claims exist. Any pre-existing damages to the vehicle will be documented in writing and handed over to the renter upon handover of the vehicle. The security deposit will be refunded within 4 to 6 weeks without cash or the credit card hold will be released after the vehicle has been returned in the agreed condition.
The renter is liable for damages to the vehicle caused by them, whether they are visible or hidden damages that are only discovered by the rental company at a later time. Legal provisions apply in this case.
GPS tracking
The vehicles of Sunshine Vans GmbH are equipped with GPS tracking systems. This is to locate the vehicles in case of theft. Altering or removing the GPS tracking system is strictly prohibited.
Vehicle handover
Upon handover of the vehicle, the renter is responsible for thoroughly inspecting the car. The handover of the vehicle, registration certificate Part I and the key takes place at the agreed location, with the vehicle fully fueled, checked, equipped with all necessary operating fluids and cleaned inside. A handover protocol, which is signed by both parties, is created, in which all obvious defects and complaints as well as the odometer reading are noted. Defects that are reported later by the renter cannot be taken into account anymore.
Vehicle return
The rental agreement automatically ends on the agreed upon date. If the renter continues to use the vehicle, the rental agreement is not considered extended. If the return time is exceeded by more than one hour, the renter must pay compensation for the period, which is at least one day’s rental fee.
The renter must return the vehicle to the return location fully fueled, clean, and in working order, including registration certificate part I, vehicle registration, and keys. In case of insufficient cleaning, a cleaning fee of 50 euros must be paid, and in case of an unfilled tank, Sunshine Vans GmbH will refuel the vehicle for an additional compensation of 25 euros plus fuel costs. The toilet must be emptied before return, otherwise a toilet fee of 60 euros will be charged.
Upon return, the vehicle will be inspected by both parties, and the results will be recorded in a return protocol. If damage is found, it is presumed to have been caused by the renter unless he can prove that it already existed at the time of handover. In case of hidden damages, the unchallenged acceptance of the vehicle is not a negative admission of liability of the lessor.
If the renter does not return the vehicle or key to Sunshine Vans GmbH on time, it is entitled to demand a fee equal to the rental fee and to assert further damages. Sunshine Vans GmbH also reserves the right to file a criminal complaint with the relevant authorities if a late return is not reported.
Damages to the rented property
Any damages to the vehicle that occurred during the rental period must be paid for by the renter if they were not noted in the handover protocol. Upon return of the vehicle, any damages will be assessed and confirmed by signing the return protocol. Substantial or impairing damages will be charged based on a cost estimate. Violations of the smoking ban in the rental vehicle will result in a charge of €300.
Tire damages are to be borne by the renter, except when a liability reduction package has been booked. Stone chips in the windows must be partially paid for by the renter. Improper filling of the water tank will result in full costs borne by the renter. Filling the water tank with diesel will result in the entire replacement of the water system (water tank, pipes, boiler, faucet, water pump, and water filtration system). Damage to the awning due to improper use must also be paid for by the renter. Driving through car washes is generally prohibited.
Condition of the Vehicle and Repairs
The Sunshine Vans GmbH provides the vehicle to the renter in a usable and roadworthy condition. The vehicle has been cleaned both inside and outside. The condition of the vehicle is precisely determined by the handover protocol, which is jointly created by the renter and the Sunshine Vans GmbH. This protocol is part of this agreement.
During the rental period, if repairs are necessary to maintain the operational and road safety of the vehicle, the renter may only carry out or commission repairs if the Sunshine Vans GmbH has expressly agreed to it in writing or if the expected costs do not exceed 70 euros. Repair costs will only be reimbursed upon presentation of proper receipts, unless the renter is responsible for the repair. The renter’s own labor in carrying out the repair will not be compensated.
If the renter discovers a defect in the vehicle that significantly impairs its usability and requires major repairs, they must inform the Sunshine Vans GmbH immediately. If the defect cannot be fixed immediately by a short-term repair, both parties have the right to terminate the agreement without notice. However, the renter remains obligated to pay the agreed rent until the occurrence of the defect.
If the drivability of the vehicle is impaired during the trip and the renter is thereby prevented from continuing the trip, the Sunshine Vans GmbH provides emergency management. In such cases, the emergency management can be contacted at the phone number +49 (0) 1575 0965388 or the hotline provided by the manufacturer, which has been communicated by the Sunshine Vans GmbH.
Cancellation Policy
A cancellation of a booking with Sunshine Vans GmbH can be made free of charge up to 60 days before the agreed rental start date. In this case, the entire deposit amount will be refunded to the renter.
If the cancellation is made between 60 and 30 days before the agreed rental start date, Sunshine Vans GmbH will retain 25% of the agreed amount. For a cancellation between 30 and 2 days before the rental start date, 50% of the agreed amount will be retained as a cancellation fee. The refund will be made within 4 weeks after the agreed rental start date.
A cancellation made less than 48 hours before the agreed rental start date is associated with payment of the full rental price, including the price for agreed extras, to Sunshine Vans GmbH. There is no entitlement to a rebooking, refund or voucher.
If the rented vehicle is not picked up at the agreed time and no notice is given, the entire rental fee already paid will be retained, unless the renter can prove that Sunshine Vans GmbH did not incur any or lower costs due to the non-collection. In the event that no rent has been paid, claims for damages remain unaffected. Saved expenses will be credited.
If the rental vehicle is returned before the agreed return date, the full rental price agreed in the rental agreement must still be paid. There is no agreement by the landlord to automatically convert the rental relationship into an indefinite rental relationship.
Already booked equipment cannot be cancelled separately from a booking. Costs for equipment such as bedding sets or the pick-up and drop-off service will not be refunded if cancelled.
The renter can provide proof in case of any type of cancellation that no damage or only minor damage has occurred.
If a voucher is issued for a cancellation, the following conditions apply to the cancellation vouchers:
• They are valid for 3 years from the date of issue.
• After cancellation of a booking paid with a cancellation voucher, the expiration date of the original cancellation voucher applies to the subsequently issued cancellation voucher.
• Cash payment of the voucher value is not possible.
• The prices and terms and conditions valid at the time of booking apply, and there is no entitlement to the original rental price.
• Reselling of the cancellation vouchers is not permitted.
Duties and Obligations of the Renter
The renter is obligated to treat the vehicle carefully and professionally and to observe all regulations and rules that are relevant to the use of the vehicle, including regular checks of the oil level, Ad-Blue level, water level, and tire pressure, as well as the proper performance of the necessary inspections. The renter must always ensure that the vehicle is in a roadworthy condition, and the vehicle must always be properly locked. If necessary, the renter must properly maintain the vehicle, such as by topping up oil, and must ensure the suitability of the oil used (the oil specified in the manual must be exclusively used). If the wrong fuel is added or the wrong oil is topped up, the renter is responsible for the costs incurred by towing the vehicle and/or repairing the resulting damage. The renter must also pay attention to the warning lights on the vehicle display and, if necessary, take the appropriate measures according to the operating instructions. If in doubt, the renter must contact Sunshine Vans GmbH.
The renter and anyone authorized by the renter are solely entitled to drive the vehicle and may not hand over the vehicle to third parties unless Sunshine Vans GmbH has given its written consent beforehand.
Any defects or damages to the vehicle, accidents, thefts, etc. must be reported to Sunshine Vans GmbH immediately. In the event of theft of the vehicle, the renter or the driver must immediately provide a copy of the criminal complaint and, if they were not also stolen, the vehicle keys and documents.
The renter may only use the vehicle within Europe. Outside these borders, there is no insurance coverage in the motor vehicle insurance (especially full comprehensive coverage). Anyone who wants to use the vehicle in other countries must obtain written consent from Sunshine Vans GmbH. Sunshine Vans GmbH will provide corresponding insurance coverage in this case.
The rental vehicle must be returned clean (swept, vacuumed, and wiped) by the renter to the lessor. Sunshine Vans GmbH will handle further cleaning. For heavy soiling (e.g., on the upholstery, headliner, or interior walls), the cleaning costs will be deducted from the deposit and at least charged with a special cleaning fee of 200€. The renter is given the opportunity to prove that no damage has occurred or that it is lower than the lump sum. In the case of very heavy soiling (e.g., mud), the renter bears the cost of an exterior cleaning.
If the rental vehicle is not returned properly (swept, vacuumed, and wiped), a special cleaning fee of 100€ will be charged. The renter is given the opportunity to prove that no damage has occurred or that it is lower than the lump sum.
The renter is responsible for protecting the vehicle from any kind of excessive strain. This includes complying with applicable traffic regulations in the respective countries. It is only permitted to drive the vehicle with a secured or unlocked gas bottle. The vehicle may generally only be used in public road traffic. The following uses, however, are excluded:
• Participation in car races or other motorsports events
• Use of the vehicle for testing or driver safety training
• Participation in off-road driving
• Transporting flammable, toxic, or dangerous substances or products that violate applicable laws
• Driving school exercises
• Commercial transportation of persons
• Subleasing
• The vehicle may not be used on unpaved roads or off-road tracks.
• Committing customs or other crimes, even if only punishable under the law of the place of the offense
• Using the vehicle to tow or push another vehicle or trailer, unless the total weight specified in the vehicle documents is observed and the rental vehicle is equipped with a suitable towing hitch
• Transporting live or dead animals. If this requires special cleaning, the renter is responsible for paying the costs. These costs are calculated based on actual expenses, but are at least a flat rate of 500 euros. However, the renter has the opportunity to prove that no damage has occurred or that the actual costs are lower than the flat rate.
• Transporting persons or goods with a weight, quantity, and/or volume exceeding the maximum values specified in the vehicle documents
• Transporting the vehicle on board an airplane
The renter is liable for all damages caused by using the vehicle in any of the excluded cases listed above. The renter warrants that they will not drive the vehicle if they are not in a condition to do so safely, including but not limited to the influence of alcohol or other intoxicating substances, or a condition caused by illness or fatigue.
The vehicle should be secured against theft according to its technical capabilities. The renter and driver are responsible for ensuring that the vehicle is locked and, if necessary, the theft protection is activated when parked or left unattended.
Smoking in the vehicle is not permitted. If this prohibition is violated, a special cleaning fee of 300 Euro must be paid.
The renter is responsible for ensuring that the cargo is securely fastened so that no damage is caused to the vehicle and no danger to passengers. The applicable laws on cargo securing must be observed. The renter is responsible to Sunshine Vans GmbH for all consequences resulting from a breach of these obligations. It should be noted that a possible claim for damages can be influenced if these obligations are not fulfilled.
If the vehicle is rented with an AdBlue tank, the renter is responsible for ensuring that the tank is constantly adequately filled. The renter, driver, and their assistants are jointly and severally liable for any violations committed during the rental period. The renter indemnifies the lessor from all claims made by authorities or third parties due to failure to refuel the AdBlue tank, in particular fines and warnings. The renter must fully refuel the AdBlue tank at the start of the journey. They are obliged to regularly check the AdBlue tank and refill it immediately at their own expense when warning signals light up. If a vehicle stops due to failure to heed the warning signals and causes further damage, the renter is solely responsible and must pay the bill.
The vehicle must not be driven through flooded areas, saltwater, or sand. The renter is liable for any resulting damages.
Behavior in case of traffic accidents and violations
In the event of an accident, damage caused by wildlife, fire or similar incidents occurring during the use of the vehicle rented from Sunshine Vans GmbH, the renter must immediately contact the company and ensure that the incident is reported to the police. This also applies to minor damage and self-caused accidents. The renter should not admit fault. They must provide the company with a standardized European accident report including the names and addresses of all parties and witnesses involved, as well as the police department, officer in charge, and case number.
The renter is liable for all damages to the vehicle resulting from operating errors, overuse or violation of other obligations under the rental contract. They are also liable for damages caused by their family members, employees or other third parties if they negligently fail to provide the necessary evidence for compensation claims.
The renter or driver must take all measures that are helpful in clarifying the damage and truthfully answer any questions posed by Sunshine Vans GmbH. The accident scene must not be left before necessary findings have been made.
For the processing of any type of damages that occur during the rental period and must be handled by Sunshine Vans GmbH, a processing fee of 30 € will be charged.
Liability
For the clarification of the contractually assured condition, the handover protocol is decisive in addition to this contract. Before concluding the contract, the tenant has ensured that the vehicle meets his requirements and expectations.
The Sunshine Vans GmbH is not liable for initial defects and negligence, unless these are based on intent or gross negligence. This exclusion applies in accordance with § 536a para. 1, alt. 1 BGB. However, liability for intent and gross negligence remains.
If a defect is discovered, the tenant must inform Sunshine Vans GmbH immediately and describe the circumstances of the defect in writing. Otherwise, a penalty of up to 1,000 euros may be imposed.
The vehicle is insured as described above, but in case of intentional or grossly negligent destruction, damage, or loss of the vehicle, the tenant must compensate for the damage. All tenants are jointly and severally liable.
Sunshine Vans GmbH is not responsible for items belonging to the tenant or his fellow travelers that are left behind when returning the vehicle, unless responsibility arises from the intent or gross negligence of the company, its representatives, or agents.
The applicable laws on defects remain unaffected, subject to the General Terms and Conditions.
Sunshine Vans GmbH charges a processing fee of €15 for handling any traffic violation or crime committed by the tenant.
The tenant is responsible for all toll fees incurred and must either pay them on-site or in advance by bank transfer. For trips to Norway, Denmark, Ireland, Hungary, Portugal, and the United Kingdom, the tenant must inform themselves about the payment methods on the website www.autopass.no. Additionally, the tenant must register in advance at www.epcplc.com/rental. The license plate of the vehicle can be added to the registration after the vehicle has been handed over. For trips to Sweden, the tenant must register at www.epass24.com. Failure to comply with these obligations will result in a processing fee of €15 per payment request by Sunshine Vans GmbH.
In case of loss of the vehicle registration certificate, Sunshine Vans GmbH will charge a fee of €225.
Limitation of Liability
The liability of Sunshine Vans GmbH for damages or reimbursement of futile expenses, regardless of their cause, is limited as follows:
• In cases of intentional gross negligence, liability is unlimited.
• In cases of simple negligence, liability is limited to damages caused by a slightly negligent breach of essential duties that endanger the purpose of the contract, or by a slightly negligent breach of duties that enable the proper execution of the contract and on whose compliance the customer can regularly rely. In this case, liability is limited to typical and foreseeable damages.
• All other claims for liability in cases of simple negligence are excluded.
• Except in cases where Sunshine Vans GmbH is legally liable, such as in cases of injury to life, body, or health, assumption of a guarantee, fraudulent concealment of a defect, or under the Product Liability Act, any further liability of Sunshine Vans GmbH, regardless of its cause, is excluded, including possible loss of work or production.
Sunshine Vans GmbH reserves the right to assert contributory negligence.
Closing Provisions
The lessee can only set off recognized or legally established claims against the Sunshine Vans GmbH. The lessee is entitled to retain or refuse performance of the contract only in connection with recognized or legally established counterclaims arising from the same contractual relationship.
This contract is subject exclusively to German law.
The registered office of Sunshine Vans GmbH is agreed as the place of jurisdiction if the lessee does not have a general place of jurisdiction abroad or if he moves his place of residence or habitual abode abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time of the filing of the lawsuit. This also applies if the lessee is a public-law legal entity or a merchant.
All agreements must be fixed in writing. This also applies to promises, collateral agreements, and subsequent changes to the contract. In particular, the waiver of the written form requirement must also be in writing. However, Sunshine Vans GmbH accepts a written contract draft without a handwritten signature as a valid acceptance.
Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions. Instead, the parties shall agree on what they would have agreed on in good faith with regard to the original purpose. The same applies in the event of a gap in the contract.
The lessee agrees that his personal data collected by Sunshine Vans GmbH will be stored and processed for processing, consulting, and information purposes. Sunshine Vans GmbH undertakes not to disclose this data to third parties, except to the lessee’s credit institution for the purpose of returning the deposit and an external service provider for data processing. Sunshine Vans GmbH only forwards personal customer data to the external service provider for the purpose of identifying the driver and fulfilling reporting obligations in the event of an administrative offense. The external service provider is entitled to forward the personal data to the relevant authority.
The General Terms and Conditions handed over to the lessee are part of this rental contract.
The place of jurisdiction for all disputes arising out of or in connection with this contract is Oberstaufen