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Travel Conditions

If you book an individual travel service (e.g. flight-only or hotel-only) with us, it is not a package tour to which the provisions of the package travel law pursuant from § 651a to 651i of the German Civil Code apply. For this reason, the following travel conditions apply to these individual services, which are not the same as those that apply to package tours.

As a rule, we do not offer rail travel as part of a package tour. If you wish to book an additional rail journey, we only will arrange this booking. The contract of carriage comes about with the Deutsche Bahn AG. Therefore, claims for reduction or damages due to delays cannot be asserted against us. In this respect, we refer to the General Terms and Conditions of the Deutsche Bahn AG, which you can view at www.bahn.de/p/view/home/agb/agb.shtml.

If you book only hotels or club stays (e.g. Robinson Club, TUI Magic Live, Aldiana) without a flight, the following travel conditions for individual services also apply.

Tickets for musicals or sporting events booked with us also constitute individual services, unless these are booked in conjunction with transport, accommodation or renting of vehicles.

1.1 The travel registration as specified in the invitation to tender becomes binding upon receipt at the tour operator. The travel contract comes into effect upon receipt of the written travel confirmation at the applicant.

1.2 If the travel confirmation deviates from the contents of the travel registration, this constitutes a new offer of the tour operator. The travel contract comes into existence based on this new offer if the traveller expressly or conclusively (e.g. by payment of the travel price, payment of a deposit or commencement of the journey) agrees to it.

2.1 In order to gain access to our travel portal at www.pepXpress.com, a legitimation is required, which will be provided as part of the registration process. This is a written proof, which is confirming an existing employment contract within the tourism industry. We accept, among other things, a valid Travel Industry Card as well as valid group or travel agent cards as proof of identity. A letter from the employer on business paper with the current date and the supervisor’s signature, indicating the scope of the applicant's duties and a full-time employment, as well as the company's field of activity, is also possible. We require a copy of the business registration from self-employed persons/owners, managing directors and persons who do not have any superior. This copy must clearly indicate the tourist focus of the company and the name(s) of the person(s) concerned. All documents are accepted in German and English language.

2.2 The booked services are based on special prices, which are made available by the service provider exclusively for tourism professionals. Therefore, they are obliged to legitimise themselves accordingly at the request of the service provider. This includes, for example, PEP ID card from pepXpress, DRV ID card, employee ID card or a corresponding letter of confirmation from the employer. Should they not be able to legitimise themselves accordingly, they must reckon with an additional charge or an exclusion from benefits. A refunding of already paid services after the journey is excluded in such a case. pepXpress is not liable for the failed access, which is based on a wrong e-mail address or another reason for which the user/traveller is responsible. Users/travellers are thus obliged to inform pepXpress of any changes of their e-mail address or telephone number as soon as they become known.

2.3 We expressly point out that the intentional, unauthorized use of our Pep-offers constitutes a statutory offense according to § 263 StGB (penal code) and can be prosecuted accordingly. This penalty may also be imposed on employers, who illegally pass on our offers to third parties (friends, customers, etc.).

2.4 pepXpress and its service providers reserve themselves the right to cancel bookings at a charge, even after confirmation has been given, in case of insufficient legitimation.

2.5 The special prices for tourism professionals may not be communicated to third parties. A violation of this obligation can lead to an additional charge, to an exclusion from the service and to an exclusion from using pepXpress. This also applies to false data in the registration. pepXpress generally reserves the right to check randomly the data of registered users.

2.6 The travel applicant as the tourism professional undertakes to be available at the request of the service provider, e.g. the hotel management, for a discussion and an inspection, e.g. of the booked hotel.

2.7 The applicant's attention is drawn to the fact that he/she, as a tourism professional using special rates pursuant to Article 3 (3) of regulation (EU) No. 261/2004, shall not be entitled to any claims in the event of denied boarding, cancellation or long delay of flights.

3.1 A deposit of 20% of the tour price is due upon receipt of the written travel confirmation in textual form.

3.2 The balance payment is to be paid at least 21 days before starting the journey.

3.3 For bookings with a total travel price of up to Euro 250,- and/or travel registrations from 30 days prior to the starting of the journey, the entire invoice amount is due immediately after receipt of the travel confirmation.

3.4 Depending on the period until departure, payment can be made either by bank transfer, instant bank transfer (online banking required) or by credit card (American Express, Visa or MasterCard).

3.5 In the case of payments from abroad, all costs incurred shall be borne by the initiator of the payment.

3.6 Rejected payments or bank charges resulting from chargebacks, which are not based on our fault, will be charged to the travel applicant per case (flat rate) with Euro 15,-.

3.7 If the customer does not pay in time, pepXpress is entitled to withdraw from the travel contract after a reminder with setting of a deadline and to demand from the applicant a reasonable compensation for the precautions taken up to the withdrawal and his expenses depending on the respective travel price. This entitlement is flat-rated as described in point 6 of this set of clauses.

The travel documents are generally sent electronically after receipt of the full travel price. If the applicant does not receive the travel documents at least 7 days before the start of the travel, he must contact pepXpress immediately.

pepXpress can make modifications of the service descriptions at any time prior to the conclusion of the contract, and the traveller will be informed of these changes prior to booking.

 

5.1 pepXpress is entitled to make unilateral contractual changes to the terms and conditions of the contract and services after conclusion of the contract, provided these changes do not affect the tour price and are insignificant. pepXpress is in particular entitled to subsequently change arrival and departure times as well as the specified airline to an equivalent one within the still permissible times of the EU Passenger Rights Regulation in this context, provided that this becomes necessary for reasons that arise after conclusion of the travel contract and that are reasonable for the traveller.

 

 

pepXpress will offer unreasonable changes to services with a notice period of 3 days in connection with a free rebooking or a free withdrawal from the booked service.

5.2 If the transport costs existing at the time of conclusion of the travel contract, such as fuel costs or taxes and fees, increase, pepXpress may increase the travel price respectively, pursuant to section 651f (1) of the German Civil Code (BGB).

6.1 The traveller can withdraw from the trip or change the booking at any time before starting the trip. The customer is advised to choose the written form for this purpose. In case of cancellation, the date of receipt of the travel withdrawal at pepXpress is decisive (only from Monday to Friday until 15:00, except public holidays). In case of withdrawal from the travel contract, the company loses its entitlement to the travel price. pepXpress can instead demand a reasonable compensation in relation to the total travel price, which is charged as a lump sum as follows:

 

  • On the day of booking, if there are at least 7 days between booking and departure: free of charge
  • Up to 30 days prior to the start of the journey 25 %, at least Euro 30,- per capita
  • 29 to 15 days prior to the start of the journey 40 %
  • 14 to 9 days prior to the start of the journey 50 %
  • 8 days to 1 day prior to the start of the journey 75 %
  • On the day of the trip or no-show 95 %

 

Cancellation conditions for ROBINSON, ALDIANA and TUI MAGIC LIFE:

  • Up to 31 days prior to the start of the journey 40 %
  • 30 to 15 days prior to the start of the journey 60 %
  • 14 to 4 days prior to the start of the journey 85 %
  • 3 to 1 day prior to the start of the journey 90 %
  • On the day of the trip or no-show 95 %

ALDIANA rebooking conditions:

Rebooking within the same club and the same season (summer/winter);
in case of reduction of travel duration or number of persons, the pepXpress cancellation scale applies:

  • On the day of booking free of charge
  • Up to 22. days before departure 50€ plus price difference
  • 21 to 15 days before departure 30%, min. 50€.
  • 14 to 7 days before departure 55%, min. 50€.
  • 6 to 1 day before departure 75%, min. 50€

Costs for possible visa procurement or travel insurance as well as processing fees and costs for airline tickets already issued must always be borne at a rate of 95 %.

The aforementioned provisions regarding cancellation fees apply to all tours, unless separate regulations are referred to in the respective invitation to tender. The traveller is at liberty to prove that pepXpress has incurred no or less damage than the flat rate demanded by pepXpress. pepXpress recommends the conclusion of a travel cancellation insurance policy. This insurance can cover the cancellation costs in accordance with its insurance conditions for the insured risks.

6.2 Further rebooking / changes: If, at the traveller's request, changes are made after booking the trip with regard to the travel date, the different types of meals, the room categories, the type of transport, the additional booking of persons as well as date changes up to 30 days prior to the start of the trip, pepXpress is entitled to charge a processing fee of Euro 30,- for each rebooking. Exceptions are ROBINSON and TUI MAGIC LIFE bookings, where a handling fee of Euro 50,- per person will be charged up to 32 days prior to arrival. If such a rebooking, results in higher travel prices for fellow travellers, the travel participant must pay the difference. Rebooking made after the deadline of 30 days before starting the trip are only possible after withdrawal with a following new-registration. The traveller is responsible for ensuring that his or her requests for changes can be combined with other travel services booked by him or her.

 

 

6.3 The applicant may nominate substitutes for fellow travellers, if they meet the requirements of section 2). A change of name before a ticket will be issued is subject to a change of Euro 30,- . In case of air travel, higher costs may incur depending on the airline respectively.

6.4 If services booked by the traveller are not used on site, for example due to early return or other attributable reasons, the traveller cannot demand a proportional reimbursement of the tour price. pepXpress will pass on any reimbursements of saved expenses by the service providers to the client, but in conjunction with a processing fee of Euro 50,-.

6.5 The traveller is free to prove in all cases named before, that the tour operator has suffered no damage or only a smaller damage than the lump sums demanded by him.

6.6 Vouchers redeemed in the booking will not be refunded in the event of cancellation. No cash payment will be made for promotional-, discount-, welcome- and birthday vouchers or vouchers from prize draws. Purchase vouchers from pepXpress are excluded from this.

6.7 In the event of a cancellation free of charge as a gesture of goodwill, pepXpress reserves the right to charge a processing fee of Euro 30,-.

7.1 Tickets booked in addition to a stay or tickets arranged and confirmed separately (e.g. musicals and sporting events) cannot be exchanged nor can the costs be refunded after a trip has been cancelled.

7.2 In case of separately arranged and confirmed DB-train tickets, a distinction must be made between saver fare and flexible fare.

 

  • DB-train tickets with flexible fares are valid without a train commitment and can be cancelled up to one day before the day of validity. Cancellation is excluded from the first day of validity.
  • DB-train tickets with saver fares are subject to a train obligation and can only be cancelled free of charge up to a maximum of 5 days after booking. Cancellation is excluded from the 7th day before the day of travel.

8 .1 pepXpress may withdraw from the travel contract if the number of participants advertised or officially determined is not reached, if the travel tender and the travel confirmation refer to the execution of the trip only if a certain number of participants is reached. The travel price already paid will be refunded immediately. Concerning the withdrawal, the periods according to § 651 h paragraph 4 sentence 1 number 1 of the BGB (German Civil Code) do apply.

8. 2 pepXpress is entitled to withdraw from the travel contract without any notice, if the traveller, despite a warning, either disturbs the execution of the trip to such an extent or behaves so contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other fellow travellers. If pepXpress cancels the contract, it retains the right to the tour price, but must allow itself to be credited with the value of the saved expenses as well as those benefits, which it obtains from another use of the unused service, including the amounts credited to pepXpress by its service provider.

If it is impossible to carry out the trip in the event of unavoidable, extraordinary circumstances, both contracting parties may withdraw from the contract. Clause 6.1 shall not apply in this respect. The respective withdrawal shall take place immediately after knowledge of the reason for withdrawal.

It is up to the travellers’ responsibility to obtain the necessary visas and vaccinations in accordance with the relevant entry- and health regulations. Travellers must ensure that the details of the travelling person given in the booking correspond to the details of the passport/identity card. In addition, the tour operator will inform the citizens of any country within the European Union in which the tour is offered, about passport-, visa- and health regulations prior to the conclusion of the contract. Concerning citizens of other countries, the responsible consulate will provide any information.

11.1 The liability of pepXpress for such damages that are not bodily injuries and not caused culpably or by gross negligence is limited to three times the travel price.

11.2 pepXpress is not liable for disruptions to services, personal injury and property damage in connection with services that were merely arranged as third-party services (such as transfer services to the place of departure and destination) if these services were expressly identified as third-party services in the travel description of the booking confirmation, stating the arranged contractual partner.

11.3 Transport is provided in accordance with the terms and conditions of the respective transport company, which will be made available upon request.

12.1 The tour participant is obliged to inform either the tour guide, or the local agency or the tour operator himself immediately of any defects occurring during the tour in order to give the tour operator the opportunity to find a remedy. If he culpably fails to do so, the travel price will not be reduced. A notice of termination for good cause due to unacceptability of the trip continuation remains unaffected thereby.

 

12.2 Damages or delays in delivery of the baggage during air travels should be reported immediately to the responsible airline on site by means of an advice of damage (P.I.R.). Otherwise, the airline could refuse any compensation. In the event of luggage damage, the damage report must be submitted within 7 days and in the case of delay within 21 days of handover. In addition, the damage or misdirection of the luggage as well as any other notification of defects must be reported to the travel organiser immediately after becoming aware of it.

13.1 The registration at pepXpress and the use of the travel offers require the electronic storage of customer data. This data will be used exclusively for the purposes of pepXpress. By using the system, the customers do agree to this use. Otherwise, the data made available to pepXpress will be processed, stored and passed on within the scope of the contractual purpose. The data protection directive of pepXpress can be viewed at https://www.pepxpress.com/de/info/hilfe/datenschutz.

13.2 Obvious printing and calculation errors entitle pepXpress to correct or to contest the concluded contract.

13.3 Place of jurisdiction for claims against pepXpress is Koblenz.

13.4 The invalidity of individual provisions shall not result in the invalidity of the entire contract.

13.5 The application of German law is agreed.

13.6 pepXpress does not participate in dispute resolution proceedings before a consumer arbitration board.

 

A package tour within the meaning of the Package Travel Law does only exist if, at least two travel services are offered by one tour operator for the purpose of the same trip. In addition to the regulations on the travel contract according to § 651a up to § 651i BGB (German Civil Code), the following regulations become part of the contract:

 

1.1 The travel registration as specified in the invitation to tender becomes binding upon receipt at the tour operator. The travel contract comes into effect upon receipt of the written travel confirmation at the applicant.

1.2 If the travel confirmation deviates from the contents of the travel registration, this constitutes a new offer of the tour operator. The travel contract comes into existence because of this new offer if the traveller expressly or conclusively (e.g. by payment of the travel price, payment of a deposit or commencement of the journey) agrees to it.

2.1 In order to gain access to our travel portal at www.pepxpress.com, a legitimation is required, which must be provided as part of the registration process. This is a written proof confirming an existing employment contract within the tourism industry. We accept, among other things, a valid Travel Industry Card as well as valid group or travel agent cards as proof of identity. A letter from the employer on business paper with the current date and the supervisor’s signature, indicating the scope of the applicant's duties and a full-time employment, as well as the company's field of activity, is also possible. We require a copy of the business registration from self-employed persons/owners, managing directors and persons who do not have any superior. This copy must clearly indicate the tourist focus of the company and the name(s) of the person(s) concerned. All documents are accepted in German and in English.

2.2 The booked services are based on special prices, which are made available by the service provider exclusively for tourism professionals. Therefore, they are obliged to legitimise themselves accordingly at the request of the service provider. This includes, for example, PEP ID card from pepXpress, DRV ID card, employee ID card or a corresponding letter of confirmation from the employer. Should they not be able to legitimise themselves accordingly, they must reckon with an additional charge or an exclusion from benefits. A refunding of already paid services after the journey is excluded in such a case. pepXpress is not liable for the failed access, which is based on a wrong e-mail address or another reason for which the user/traveller is responsible. Users/travellers are thus obliged to inform pepXpress of any changes of their e-mail address or telephone number as soon as they become known.

2.3 We expressly point out that the intentional, unauthorized use of our Pep offers; constitutes a statutory offense according to § 263 StGB (penal code) and can be prosecuted accordingly. This penalty may also be imposed on employers who illegally pass on our offers to third parties (friends, customers, etc.).

2.4 pepXpress and its service providers reserve themselves the right to cancel bookings at a charge, even after confirmation has been given, in case of insufficient legitimation.

2.5 The special prices for tourism professionals may not be communicated to third parties. A violation of this obligation can lead to an additional charge, to an exclusion from the service and to an exclusion from using pepXpress. This also applies to false data in the registration. pepXpress reserves the right to check randomly the data of registered users.

 

 

2.6 The travel applicant as the tourism professional undertakes to be available at the request of the service provider, e.g. the hotel management, for a discussion and an inspection, e.g. of the booked hotel.

2.7 The applicant's attention is drawn to the fact that he/she, as a tourism professional using special rates pursuant to Article 3 (3) of regulation (EU) No. 261/2004, shall not be entitled to any claims in the event of denied boarding, cancellation or long delay of flights.

3.1 A deposit of 20% of the tour price is due upon receipt of the written travel confirmation and the delivery of the security certificate in textual form.

3.2 The balance payment must be paid at least 21 days before starting the journey.

3.3 For bookings with a total travel price of up to Euro 250,- and/or travel registrations from 30 days prior to the start of the journey, the entire invoice amount is due immediately after receipt of the travel confirmation.

3.4 Depending on the period until departure, payment can be made either by bank transfer, instant bank transfer (online banking required) or by credit card (American Express, Visa or MasterCard).

3.5 In the case of payments from abroad, all costs incurred shall be borne by the initiator of the payment.

3.6 Rejected payments or bank charges resulting from chargebacks, which are not based on our fault, will be charged to the travel applicant per case (flat rate) with Euro 15,-.

3.7 If the customer does not pay in time, pepXpress is entitled to withdraw from the travel contract after a reminder with setting of a deadline and to demand from the applicant a reasonable compensation for the precautions taken up to the withdrawal and his expenses depending on the respective travel price. This entitlement is flat-rated as described in point 6 of this set of clauses.

The travel documents are generally sent electronically after receipt of the full travel price. If the applicant does not receive the travel documents at least 7 days before the start of the travel, he must contact pepXpress immediately.

pepXpress can make modifications of the service descriptions at any time prior to the conclusion of the contract, and the traveller will be informed of these changes prior to booking.

 

5.1 pepXpress is entitled to make unilateral contractual changes to the terms and conditions of the contract and services after conclusion of the contract, provided these changes do not affect the tour price and are insignificant. pepXpress is in particular entitled to subsequently change arrival and departure times as well as the specified airline to an equivalent one in this context, provided that this becomes necessary for reasons that arise after conclusion of the travel contract and that are reasonable for the traveller. pepXpress will offer unreasonable changes to services with a notice period of 3 days in connection with a free rebooking or a free withdrawal from the booked service. The traveller also has the right to transfer the travel contract to another traveller in accordance with § 651e BGB (German Civil Code) under the further conditions of section 6.4, insofar as this traveller fulfils the conditions of section 2.

5.2 If the transport costs existing at the time of concluding the travel contract do increase, in particular the fuel costs, pepXpress may increase the travel price in accordance with § 651f BGB (German Civil Code).

 

6.1 The traveller can withdraw from the trip or change the booking at any time before starting the trip. The customer is advised to choose the written form for this purpose. In case of cancellation, the date of receipt of the travel withdrawal at pepXpress is decisive (only from Monday to Friday until 15:00, except public holidays).

 

 

In case of withdrawal from the travel contract, the company loses its entitlement to the travel price. pepXpress can instead demand a reasonable compensation in relation to the total travel price, which is charged as a lump sum as follows:

 

  • On the day of booking, if there are at least 7 days between booking and departure : free of charge
  • Up to 30 days prior to the start of the journey 25 %, at least Euro 30,- per capita
  • 29 to 15 days prior to the start of the journey 40 %
  • 14 to 9 days prior to the start of the journey 50 %
  • 8 days to 1 day prior to the start of the journey 75 %
  • On the day of the journey or no-show 95 %

 

Cancellation conditions for ROBINSON, ALDIANA and TUI MAGIC LIFE:

  • Up to 31 days prior to the start of the journey 40 %
  • 30 to 15 days prior to the start of the journey 60 %
  • 14 to 4 days prior to the start of the journey 85 %
  • 3 to 1 day prior to the start of the journey 90 %
  • On the day of the journey or no-show 95 %

ALDIANA rebooking conditions:
Rebooking within the same club and the same season (summer/winter);
in case of reduction of travel duration or number of persons, the pepXpress cancellation scale applies:

 

  • On the day of booking free of charge
  • Up to 22. days before departure 50€ plus price difference
  • 21 to 15 days before departure 30%, min. 50€.
  • 14 to 7 days before departure 55%, min. 50€.
  • 6 to 1 day before departure 75%, min. 50€

Costs for possible visa procurement or travel insurance as well as handling fees and costs for airline tickets already issued must always be borne at a rate of 95 %.

The aforementioned provisions regarding cancellation fees apply to all tours, unless separate regulations are referred to in the respective invitation to tender. The traveller is at liberty to prove that pepXpress has incurred no or less damage than the flat rate demanded by pepXpress. pepXpress recommends the conclusion of a travel cancellation insurance policy. This insurance can cover the cancellation costs in accordance with its insurance conditions for the insured risks.

6.2 Further rebooking / changes: If, at the traveller's request, changes are made after the booking of the trip, with regard to the travel date, the different types of meals, the room categories, the type of transport, the additional booking of persons as well as the changes of date, up to 30 days prior to the start of the trip, pepXpress is entitled to charge a processing fee of Euro 30,- for each rebooking.

Exceptions are ROBINSON and TUI MAGIC LIFE bookings, where a processing fee of Euro 50,- per person will be charged up to 32 days prior to arrival. If such a rebooking results in higher travel prices for fellow travellers, the travel participant must pay the difference. Rebooking made after the deadline of 30 days before starting the trip are only possible after withdrawal with a following new-registration. The traveller is responsible for ensuring that his or her requests for changes can be combined with other travel services booked by him or her.

6.3  In the event of a cancellation free of charge as a gesture of goodwill, pepXpress reserves the right to charge a processing fee of Euro 30,-.

6.4 The applicant may nominate substitutes for fellow travellers if they meet the requirements of section 2). A change of name before a ticket will be issued is subject to a change in cost of Euro 30,-.

6.5 If services booked by the traveller are not used on site, e.g. due to early return or for other assignable reasons, the traveller cannot demand a proportional reimbursement of the travel price. pepXpress will pass on any reimbursements of saved expenses by the service providers to the customer, but in conjunction with a processing fee of Euro 50,- .

6.6 The traveller is free to prove in all cases named before, that the tour operator has suffered no damage or only a smaller damage than the lump sums demanded by him.

6.7 Vouchers redeemed in the booking will not be refunded in the event of cancellation. No cash payment will be made for promotional-, discount-, welcome- and birthday vouchers or vouchers from prize draws. Purchase vouchers from pepXpress are excluded hereof.

Tickets booked in addition to a stay or tickets arranged and confirmed separately (for example musicals and sporting events) can neither be exchanged nor being refunded after a travel cancellation.

8.1 pepXpress may withdraw from the travel contract if the number of participants advertised or officially determined is not reached, if the travel tender and the travel confirmation refer to the execution of the trip only if a certain number of participants is reached. The travel price already paid will immediately be refunded. Concerning the withdrawal, the periods according to § 651 h paragraph 4 sentence 1 number 1 of the BGB (German Civil Code) do apply.

8.2 pepXpress is entitled to withdraw from the travel contract without any notice, if the traveller, despite a warning, either disturbs the execution of the trip to such an extent or behaves so contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other fellow travellers. If pepXpress cancels the contract, it retains the right to the tour price, but must allow itself to be credited with the value of the saved expenses as well as those benefits, which it obtains from another use of the unused service, including the amounts credited to pepXpress by its service provider.

In the event of unavoidable, exceptional circumstances the statutory rule of § 651 h paragraph 4 sentence 1 number 2 BGB (German Civil Code) will apply

It is up to the travellers’ responsibility to obtain the necessary visas and vaccinations in accordance with the relevant entry- and health regulations. Travellers must ensure that the details of the travelling person given in the booking correspond to the details of the passport/identity card. In addition, the tour operator will inform the citizens of any country within the European Union in which the tour is offered, about passport-, visa- and health regulations prior to the conclusion of the contract. Concerning citizens of other countries, the responsible consulate will provide any information.

11.1 The liability of pepXpress for such damages that are not bodily injuries and were not caused culpably or by gross negligence is limited to three times the travel price.

11.2 pepXpress is not liable for disruptions to services, personal injury and property damage in connection with services that were merely arranged as third-party services (such as transfer services to the place of departure and destination) if these services were expressly identified as third-party services in the travel description of the booking confirmation, stating the arranged contractual partner.

11.3 Transportation is provided on the basis of the terms and conditions of the respective transport company, which will be made available upon request. The rights and obligations of pepXpress and the travellers, according to the travel agreement law and these terms and conditions of travel, are not limited by the terms and conditions of the respective carrier.

12.1 The tour participant is obliged to inform, either the tour guide or the local agency or the tour operator himself immediately of any defects occurring during the tour in order to give the tour operator the opportunity to find a remedy. If he culpably fails to do so, the travel price will not be reduced. A notice of termination for good cause due to unacceptability of the trip continuation remains unaffected thereby.

 

12.2 Damages or delays in delivery of the baggage during air travels should be reported immediately to the responsible airline on site by means of an advice of damage (P.I.R.). Otherwise, the airline could refuse any compensation. In the event of luggage damage, the damage report must be submitted within 7 days and in the case of delay within 21 days of handover. In addition, the damage or misdirection of the luggage as well as any other notification of defects must be reported to the travel organiser immediately after becoming aware of it.

13.1 The registration at pepXpress and the use of our travel offers require the electronic storage of customer data. This data will be used exclusively for the purposes of pepXpress. By using the system, the customers do agree to this use. Otherwise, the data made available to pepXpress will be processed, stored and passed on within the scope of the contractual purpose. The data protection directive of pepXpress, can be viewed at https://www.pepXpress.com/footernavigation/datenschutz/.

13.2 Obvious printing and calculation errors entitle pepXpress to correct or to contest the concluded contract.

13.3 Place of jurisdiction for claims against pepXpress is Koblenz.

13.4 The invalidity of individual provisions shall not result in the invalidity of the entire contract.

13.5 The application of German law is agreed.

13.6 pepXpress does not participate in dispute resolution proceedings before a consumer arbitration board.

pepXpress GmbH arranges tours, cruises, flights, car rentals and other travel services between the customer and the respective travel service provider. The following provisions apply to these contractual services provided by pepXpress GmbH exclusively as an intermediary, unless mandatory statutory provisions, in particular the provisions of section 651a et seq. of the German Civil Code (BGB) in conjunction with article 250 et seq. of the Introductory Act to the German Civil Code (EGBGB) and sections 675 and 631 of the German Civil Code (BGB) on the provision of services for consideration, conflict with these provisions.

 

The rights and obligations of the customer towards the brokered tour operator (shipping company, airline, etc.) shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - its terms and conditions of travel and business.

1.1 Upon acceptance of the brokering order, the contract for the brokerage of travel services (either associated travel services or individual services) is concluded between the customer and pepXpress GmbH as the broker. Order and acceptance do not require any particular form.

If the order is placed electronically, pepXpress GmbH will confirm receipt of the order electronically at once. This confirmation of receipt does not yet constitute a confirmation of acceptance of the brokerage order.

1.2 The brokerage order is legally effective when pepXpress GmbH, on behalf of the respective travel service provider, or the respective travel service provider itself declares acceptance of the client's offer to conclude a contract.

1.3 The client is bound to his offer for 72 hours. If the travel service offer selected by the customer is no longer available, pepXpress GmbH may submit a new contractual offer within the period specified above, which the customer may accept within a period specified in the new offer. A corresponding contract for the travel service is then concluded between the customer and the respective travel service provider.

1.4 The brokered contract for the travel service may be based on additional General Terms and Conditions as well as other regulations of the respective travel service provider. These may include terms of payment, provisions on due dates, liability, cancellation, rebooking and repayment as well as other restrictions and obligations of the customer. The relevant general terms and conditions as well as the other regulations of the travel service providers will be made available to the travel client by pepXpress GmbH for inspection and acceptance, if available. Otherwise, they will be provided by the travel service providers upon acceptance of the brokered travel contract (package tours, individual services, air travel). The customer accepts these terms and conditions at the latest at the time when he makes the payments/down-payments required by the travel service provider.

2.1 In order to gain access to our travel portal at www.pepXpress.com, a legitimation is required, which will be provided as part of the registration process. This is a written proof, which is confirming an existing employment contract within the tourism industry. We accept, among other things, a valid Travel Industry Card as well as valid group or travel agent cards as proof of identity. A letter from the employer on business paper with the current date and the supervisor’s signature, indicating the scope of the applicant's duties and a full-time employment, as well as the company's field of activity, is also possible. We require a copy of the business registration from self-employed persons/owners, managing directors and persons who do not have any superior. This copy must clearly indicate the tourist focus of the company and the name(s) of the person(s) concerned. All documents are accepted in German and English language.

2.2 The booked/brokered services are based on special prices, which are made available by the service provider exclusively for tourism professionals. Therefore, they are obliged to legitimise themselves accordingly at the request of the service provider. This includes, for example, PEP ID card from pepXpress, DRV ID card, employee ID card or a corresponding letter of confirmation from the employer. Should they not be able to legitimise themselves accordingly, they must reckon with an additional charge or an exclusion from benefits. A refunding of already paid services after the journey is excluded in such a case. pepXpress is not liable for the failed access, which is based on a wrong e-mail address or another reason for which the user/traveller is responsible. Users/travellers are thus obliged to inform pepXpress of any changes of their e-mail address or telephone number as soon as they become known.

2.3 We expressly point out that the intentional, unauthorized use of our Pep-offers; constitutes a statutory offense according to § 263 StGB (penal code) and can be prosecuted accordingly. This penalty may be imposed on employers too, who illegally pass on our offers to third parties (friends, customers, etc.).

2.4 pepXpress and its service providers reserve themselves the right to cancel bookings at a charge, even after confirmation has been given, in case of insufficient legitimation.

2.5 The special prices for tourism professionals may not be communicated to third parties. A violation of this obligation can lead to an additional charge, to an exclusion from the service and to an exclusion from using pepXpress. This also applies to false data in the registration. pepXpress generally reserves the right to check randomly the data of registered users.

2.6 The travel applicant as the tourism professional undertakes to be available at the request of the service provider, e.g. the hotel management, for a discussion and an inspection, e.g. of the booked hotel.

2.7 The applicant's attention is drawn to the fact that, as a tourist using special fares in accordance with Article 3 (3) of regulation (EU) No 261/2004, the applicant has no rights in the event of denied boarding, cancellation or long delay of flights.

 

 

3.1 Depending on the travel service booked, payment will be accepted or collected by the travel service provider itself or by pepXpress GmbH.

3.2 Upon conclusion of the brokered travel service contract, the respective travel service provider may request a deposit payment to be credited against the price of the travel service. Insofar as travel services within the meaning of §§ 651a to 651m of the German Civil Code (package tours) are concerned, a deposit may only be demanded against the provision of a security certificate from the travel service provider. Further payments are due on the dates agreed with the travel service provider. Final payments become due at the latest upon delivery or receipt of the travel service documents.

3.3 When booking air travels, the full ticket price must be paid immediately. After receipt of payment, the flight tickets will be produced and dispatched on the following working day.

3.4 When booking car rental products, please note that additional charges may apply under certain circumstances, which must be paid on the spot. This applies, for example, to rentals outside opening hours or hotel deliveries, provision of child seats and navigation devices and other extra requests.

3.5 If travel services are arranged within ten days before the start of the travel service, the customer is obliged to pay the total price of the travel service immediately against the handing over or sending of the travel documents and the security certificate (insofar as it is a package tour). Further information can you find in the travel confirmation and the terms and conditions of the respective travel service provider.

3.6 Concerning the method of payment (credit card, bank debit, bank transfer, etc.) please look at the information in the following booking section. This applies both to direct payments to the travel service provider and to payments via pepXpress GmbH as an intermediary.

 

 

3.7 In the case of payments from abroad, all fees incurred are to be borne by the customer.

3.8 Rejected payments or bank charges resulting from chargebacks, which are not the fault of pepXpress GmbH or the travel service provider will be charged to the applicant per case (flat rate) of Euro 15-.

3.9 The customer is advised that the travel service provider is entitled to withdraw from the brokered travel contract after issuing a reminder with a deadline and to demand reasonable compensation from the applicant for the arrangements made up to the withdrawal and its expenses depending on the respective travel price. This claim is lump sum. The lump sums are subject to the General Terms and Conditions of Travel of the tour operator.

4.1 As a broker, pepXpress GmbH is entitled to demand payments in accordance with the service and payment conditions of the brokered travel provider. pepXpress GmbH can as an agent assert payment claims, against the customer, insofar as this corresponds to the agreements between the agent and the travel service provider, as the latter's authorised debt collector, but also in its own right on the basis of the legal obligation of the customer as the client to make an advance payment in accordance with § 669 of the German Civil Code (BGB).

4.2 The above provisions shall apply accordingly to cancellation costs and other statutory or contractually justified claims of the brokered travel service provider.

5.1 pepXpress is entitled to either include the service fee in the travel price to be paid by the travel customer or to show it separately.

5.2 The claim of pepXpress GmbH as an intermediary to service fees - also in the case of flight intermediation - remains valid due to service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, annulment or termination of the intermediated contract by the travel service provider or the customer. This does not apply insofar as a claim for reimbursement by the customer arises from a claim for damages by the customer due to deficiencies in the advisory or mediation activities of pepXpress GmbH as an intermediary arising from contractual or statutory claims.

5.3 The customer cannot counter its own payment claims of the intermediary by way of retention or offsetting that the customer has claims against the intermediated travel service provider, in particular due to defective performance of the intermediated contract. This shall not apply if a culpable breach of contractual obligations on the part of the agent has been the cause or contributory cause of such claims arising or if the agent is liable to the customer for the counterclaims asserted for other reasons.

The documents for travel services - including flight tickets, reservation numbers and entitlement certificates - are usually sent to the customer directly by the travel service provider. As a rule, they are sent electronically, after receipt of the full travel price. If the client has not received the travel documents at least 7 days prior to departure, the client must immediately contact pepXpress GmbH as the agent. Alternatively, the customer may also contact the travel service provider directly.

 

 

7.1 The client must inform pepXpress GmbH immediately of any errors or deficiencies in the intermediary's brokerage activities that are apparent to the client. This includes, in particular, incorrect or incomplete information of personal customer data, other information, information and documents about the brokered travel services as well as the incomplete performance of brokerage services (e.g. bookings or reservations not made).

7.2 If the customer fails to give notice in accordance with section 7.1, the following shall apply:

a) If the customer fails to give notice in accordance with section 7.1 through no fault of his own, his claims shall not lapse.

b) Claims of the customer against the agent shall not apply insofar as the agent proves that the customer would not have suffered a loss or would not have suffered a loss in the amount claimed by the customer if the agent had properly notified the customer. This applies in particular insofar as the agent proves that immediate notification by the customer would have enabled the agent to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the mediated service provider.

c) Claims of the client in the event of a failure to notify according to section 7.1 shall not lapse.

  • in the case of damage resulting from injury to life, limb or health due to an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent.
  • in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent.
  • in the event of a breach of a material obligation, the fulfilment of which is a prerequisite for the proper performance of the brokerage contract or the breach of which jeopardises the achievement of the purpose of the contract.

Liability for booking errors according to § 651x BGB (German Civil Code) remains unaffected.

7.3 A contractual and/or legal obligation of the customer to notify the brokered travel service provider of defects remains unaffected by section 7.

7.4 The customer is requested in his own interest to inform the agent of any special needs or restrictions with regard to the travel services requested.

 

8.1 Claims must be asserted against the mediated travel service providers within certain deadlines, which may result from the law or contractual agreements. As a rule, these deadlines are not met by asserting them against the intermediary. This also applies if the customer wishes to assert claims against both the agent and the travel service provider for the same travel service.

8.2 In the event of complaints or other assertion of claims against the mediated travel service providers, the obligation of the agent is limited to the provision of the necessary information and documents known to him, in particular the communication of the names and addresses of the mediated service providers.

8.3 If the agent - even without being obligated to do so - assumes the forwarding of the customer's claim letters within the deadline, he shall only be liable for the timely receipt by the recipient in the event of a failure to meet the deadline caused by him intentionally or through gross negligence.

8.4 With regard to any claims of the customer against the intermediated travel service providers, the intermediary is not obliged to provide advice on the type, scope, amount, conditions for claims and deadlines to be observed or other legal provisions.

9.1 The agent is not liable for defects and damages incurred by the customer in connection with the arranged travel service. This does not apply in the case of an express agreement or assurance in this regard by the agent, in particular if this deviates significantly from the service description of the travel service provider.

 

 

9.2 Any own liability of the agent according to § 651w para 4 BGB and § 651x BGB (German Civil Law) and from the culpable breach of agent's duties remains unaffected by the above provisions. In all other respects, the provision in clause 7 shall apply.

 

 

10.1 The agent informs the customer about entry and visa regulations, insofar as a corresponding order has expressly been agreed upon. Otherwise, a corresponding duty of clarification or information only exists if special circumstances known to the agent or obvious circumstances make an express reference necessary and the corresponding information is not already contained in the offer documents available to the customer.

10.2 Corresponding duties of the intermediary to provide information are limited to the provision of information from current sources of information customary in the industry. The intermediary shall not have a special duty to investigate without an express agreement to this effect. The intermediary may also fulfil his duty to provide information by referring the customer to the necessity of making his own specific enquiries with information sources that come into consideration.

10.3 The above provisions apply accordingly with regard to information about customs regulations, health entry regulations and preventive health measures of the customer and his fellow travellers as well as for import and export regulations.

10.4 If the agent takes over, against payment or free of charge, the registration for the customer within the framework of electronic systems for obtaining entry permits as a prerequisite for entry into or transit through certain countries, the following shall apply: The assumption of this activity shall not constitute an obligation on the part of the agent, without express agreement, to make further enquiries or provide information about entry or transit formalities or about transit stays on the trip and, in particular, not to procure visas. The customer is advised that the electronic entry permit does not replace the final entry permit by the border authorities of the respective country.

10.5 The agent is not obliged to procure visas or other documents required for the travel without a special, express agreement. In the event of the acceptance of such an order, the agent may without any express agreement, demand reimbursement of the expenses incurred by him, which he could consider necessary under the circumstances. The agent may himself demand remuneration for his activities, if this has been agreed or if the activity was only owed against corresponding remuneration according to the circumstances.

10.6 The agent is not liable for the issuing of visas and other documents and not for their timely receipt. This does not apply if the circumstances that are decisive for the non-issuance or the delayed receipt have been culpably caused or contributed to, by the intermediary.

 

11.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the intermediary is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, the intermediary shall provide the passenger with the information available from the intermediary company about the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be immediately informed of the change. The Community list of airlines banned from flying in the European Union is available on the websites ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be handed over to the customer on request at the agent's offices.

11.2 The contractual relationship between the customer and the airline shall be governed by the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions, as applicable, and directly, such as domestic statutory provisions, regulation (EU) No. 261/2004 on air passenger rights, regulation (EU) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the existence of an operating ban within the Community Regulation (EU) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

The customer is strongly advised to inform himself/herself about his/her rights as a passenger, e.g. through the notices in the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Office of Civil Aviation at www.lba.de.

12.1 pepXpress points out that VAS (Vacation at Sea) may act as an intermediary for some cruise bookings and that the GTC of VAS must be observed here. These are available at https://www.vacationatsea.de/agb/


12.2 The agent points out that for a small portion of the cruise lines offered, bookings at reduced PEP and interline rates have lower priority and may be cancelled or rebooked to another cruise ship in the event of an overbooking. Although these cases are extremely rare, we would still like to draw your attention to this theoretical possibility; pepXpress is not liable in this case.

13.1 The agent points out the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellations by the customer.

13.2 The customer is informed that a travel cancellation insurance does not normally cover the loss incurred by the customer due to cancelling the use of travel services after they have commenced, even if this is not the customer's fault. As a rule, travel cancellation insurance must be effected separately.

13.3 The agent also recommends that sufficient health insurance cover be taken out, when travelling abroad.

13.4 When arranging travel insurances, the customer's attention is drawn to the fact that the insurance conditions of the arranged travel insurance may contain special contractual conditions and/or obligations to cooperate on the part of the customer, such as, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting damage and deductibles. The intermediary is not liable insofar as he/she has not provided false information regarding the insurance conditions and the intermediated travel insurer has a right to refuse performance vis-à-vis the customer based on the validly agreed insurance conditions.

14.1 The legal relationship established between pepXpress GmbH and the user complies with the laws of the Federal Republic of Germany irrespective of the user’s nationality.

14.2 Should individual provisions be or become invalid, or void, this shall not affect the validity of the remaining provisions. An invalid or void provision shall be replaced by a provision that comes as close as possible to the economic purpose of the provision to be replaced.

pepXpress Touristik & Marketing GmbH
In den Wiesen 38
56070 Koblenz

 

Status: 10.05.2022