Service Terms

Sunny Cars

 

The following specifications relate to the integration of services from Sunny Cars (the “Integration”) in the Nezasa Platform. They can be changed or updated by Nezasa on its sole discretion at any time.

Any capitalised terms not otherwise defined in these Service Terms shall have the meanings set forth in the Annex 1 to the General Terms and Conditions.

1. Functionality

The Integration allows the End User to access the following information:

1.1. Offers from car renters and brokers

1.2. Lists of rental car stations, rental cars, prices, conditions, images and descriptions

Based on the above stated information, the following actions can be performed using the Integration and the Nezasa Platform:

1.3. Booking of rental cars, change of bookings and cancellation of bookings 

2. Licence

The usage of the functionality is constrained along the following terms in addition to the provisions stated in the General Terms and Conditions:

2.1. The Customer is granted a non-exclusive, worldwide right to use the Integration according to these Service Terms.

3. Customer Obligation

When using the Integration, the Customer adheres to the following obligations:

3.1. The Customer must not make any public announcements regarding the car renters and brokers with which Sunny Cars collaborates.

3.2. The Customer is aware of and accepts that citizens of the USA are not allowed to book rental cars in the USA through the Integration.

In case of non-adherence to the obligations by the Customer:

3.3. To the extent permitted under applicable law, the Customer will be liable for any damages caused by a potential breach of its obligations and will indemnify Nezasa and Sunny Cars from any damages.

3.4. Nezasa reserves the right to immediately terminate the Integration in case of a breach of legal or material contractual provisions according to 6.3.

3.5. Nezasa reserves the right to temporarily cease the Integration in case of a suspected breach of legal provisions according to 6.4.

4. Supplier Provisions

The supplier grants the following:

4.1. Sunny Cars provides current data of its international rental car portfolio via the Integration.

4.2. Sunny Cars reserves the right to change the provided information at any time.

4.3. Sunny Cars connects End Users and End Customers to their contractual partners (i.e. car renters and brokers).

4.4. All rights in intellectual property and licence rights on the data, brands, logos etc. provided via the Integration remain with Sunny Cars.

5. Nezasa Provisions

Nezasa grants the following:

5.1. All first line customer service to Customers will be provided by Nezasa.

5.2. Nezasa regularly updates the provided information and checks for availability during the booking process.

6. Term and Termination

6.1. These Service Terms shall be effective as of the Effective Date of the respective Purchase Order and, unless earlier terminated as provided herein, shall remain in force for the duration of the Purchase Order. 

6.2. Sunny Cars may terminate the Integration annually by October 1st with a notice period of one (1) month.

6.3. Either party may immediately terminate the Integration in case of a breach of legal or material contractual provisions and the breach is not remedied within two weeks after delivery of a written notice.

6.4. Either party may temporarily cease the Integration if it suspects on reasonable evidence any breach of legal provisions until such breach is dispelled.

6.5. Upon termination or expiration of the Integration the parties will immediately cease any use of the Integration and delete all received information. 

7. Miscellaneous

Section 18 of the General Terms and Conditions shall also be applicable to these Service Terms and the respective Purchase Order.

Nezasa AG
Sihlstrasse 99
8001 Zurich
Switzerland

 

Version 1.0 | 24 January 2020