- A Applicability
- B Scope of the contractual travel services
- C Financial security
- D Booking and payment terms
- E Performance and price amendments
- F Rebooking
- G Cancellation by the participant
- H Cancellation by MAHO on Earth GmbH
- I Cooperation obligations of the participant
- J Liability by MAHO on Earth GmbH
- K Liability by the participant
- M Passport, visa, customs and health requirements
- N Data Protection
- O Jurisdiction, applicable law and general clause
These general terms and conditions (hereinafter: “GTC”) complete the legal regulations sections 651a et seq. of the German Civil Code along with Articles 250 und 252 Introductory German Civil Code as well as the package travel directive eu 2015/2302.
Please read our GTC thoroughly as they define MAHO on Earth GmbH respective rights and obligations.
We explicitly reject any other terms and conditions should the participant refer in any way to such terms and conditions.
If any stipulation of the GTC is or becomes null and void, the remaining stipulations of the GTC shall remain in full force.
B Scope of the contractual travel services
- The contractually owed performance is specified exclusively by the relevant travel specification (OVERVIEW, INCLUSIONS/EXCLUSIONS, ITINERARY, TOUR ESSENTIALS) on our website in connection with the other precontractual information, these GTC as well as the individual confirmation invoice sent to the participant. Any additional service not explicitly mentioned on our website or requested by the participant will be confirmed by us separately. If, contrary to expectations, the relevant travel specification on our website differs from or contradicts the information in this GTC, the information in the travel specification always applies.
- The PIC´s offer to conclude a package travel contract is only accepted by us on the understanding that all participants in the PIC’s party are aware that there are certain dangers and risks in the performance of the tour, such as weather extremes, lack of familiar medical services, physical exertion, exposure to potentially dangerous wildlife, and loss of or damage to property. Moreover, the participants are aware and acknowledge that general standards of hygiene, safety and health will not be comparable to EU standards, and that the character of this journey requires flexibility and the participants must allow for certain changes as a result of this during the tour. At this point, we remind that wildlife experiences are not 100% predictable and therefore sightings cannot be guaranteed. The participants record that all services and facilities provided are accepted by the participants voluntarily and with full knowledge of the risks and nature of the tour. This shall also be binding on the participant’s executors, heirs, trustees, and dependants.
C Financial security
We have taken out insolvency insurance (R + V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden) for all tour packages to secure the participants’ down payment (deposits) and full payment as well. The respective security note enables the participants a direct claim against the insurance company in the unlikely event of insolvency.
D Booking and payment terms
- The PIC is responsible for all contractual obligations of all participants for whom the PIC carries out the booking, as for his own, provided that the PIC has assumed this obligation by express and separate declaration. By completing the booking process, the PIC confirms having received this express and separate declaration from the participants. The PIC accepts financial responsibility for payment of the booking on behalf of all participants detailed on the booking.
- The PIC has to be over 18 years of age and, when placing an order for services with age restrictions, declares that the PIC and all fellow travelers are of the appropriate age to purchase those services.
- A binding offer to conclude a package travel contract between MAHO on Earth GmbH and each participant is made by the PIC’s travel registration (booking) upon completing the payable booking process. This offer is based in particular on the travel specification on our website as well as these GTC. The transmission of the booking (travel registration) by pressing the “Place order” button, and the receipt of electronically generated confirmation of the travel registration does not constitute a claim on the part of the participants to the conclusion of a travel contract in accordance with his booking.
- A binding contract comes into effect exclusively with the written confirmation invoice and the security note sent to the participant by us via email. If the content of the confirmation invoice deviates from the content of the participants’ offer, it shall represent a new offer from MAHO on Earth GmbH, binding for a period of seven days. Based on this new offer, the contract shall be concluded as soon as the PIC accepts it within the binding period by express or conclusive declaration, such as making the down payment, any other payment.
- Without exception MAHO on Earth GmbH is the only authorized representative regarding contractual agreement conclusions, amendments to contractually agreed services, price, etc.. Our travel agents and service providers are not authorized to do so.
- Any incorrectly provided or missing data can lead to issues with undesirable negative effects on the entire trip and changes at a later date may not be possible. To be able to provide the best possible travel experience every participant is obliged to carefully check the confirmation invoice and any other received documents for accuracy (name, travel dates, travel destination etc.) and notify us immediately of any discrepancies. Rebooking or cancellation fees as well as fees for name changes are payable immediately.
- Payment – The respective down payment (deposit), balance or full amount can be made by bank transfer or credit card and are due as follows:
- Down payment: 30 % of the total tour price is due immediately without deduction after receipt of the confirmation invoice and the security note.
- Balance payment: 70 % of the total tour price is due and has to be made without further request and immediately without deduction as soon as we confirm the minimum number of participants required for a particular travel arrangement.
- Bookings within the last 31 days prior to the scheduled tour start date, the full price (down and balance payment) is due and payable immediately once we send you a corresponding confirmation invoice and the security note.
- If the down payment and/or the balance payment is not made in full and/or in accordance with the payment due dates, MAHO on Earth GmbH shall be entitled to withdraw from the travel contract after issuing a reminder setting a deadline. We will charge you with the costs of withdrawal in accordance with section G. We reserve the right to claim compensation for non-performance under German Law.
E Performance and price amendments
- Our tours are designed for the long term, so that we may have to react in individual cases to changes and deviations that refer to travel services and prices, which were specified on our website at the time of publication. We reserve the right to amend these contractual conditions in accordance with the respective changes prior to conclusion of the contract at any time and after contract conclusion in the event of a price adjustment until the last 20 days before the planned tour start date.
- As far as changes and deviations of the binding contract that become necessary after conclusion of the contract are minor (e.g. change of accommodation to another of the same or higher standard) MAHO on Earth GmbH expressly reserves the right to change contractual conditions. We will inform the PIC about the amendments by email immediately after becoming aware of the reason for the change.
- As far as changes and deviations of the binding contract, which become necessary after conclusion of the contract are major (e.g. change of accommodation to another of lower standard), the participant shall have the right to withdraw from the contract without payment of compensation, to demand participation in a substitute tour if we are able to offer such, or to accept the new offer to change the traveling contract within one week of receipt of our corresponding email. The PIC accepts the offer by express or conclusive declaration, such as paying the down payment, any other payment or the start of the tour. If the PIC does not respond to us within this week set or does not respond at all, the change or deviation shall be deemed to have been accepted. We will inform the PIC about the amendments immediately by email after becoming aware of the reason for the change.
- Any warranty claims shall remain unaffected if the changed services are defective.
- After conclusion of the contract the price of the package may only be increased unilaterally if certain costs (energy costs (such as cost for fuel, dues, taxes or fees, the exchange rates used to calculate the package price) increase which cannot be influenced by us. If this price increase exceeds 8% of the tour price the participant may withdraw from the contract without payment of compensation, shall have the right to participate in a substitute tour, if we are able to offer such, or to accept the new offer to change the traveling contract within one week of receipt of our corresponding email. If the PIC does not respond to us within this week set or does not respond at all, the new offer shall be deemed to have been accepted. We will inform the PIC about the price amendment immediately by email after becoming aware of the reason for the change. The participants have the right to a price reduction, if the corresponding costs have decreased. The calculation of a price reduction must take into account the administrative costs incurred as a result. Up to an amendment of 2.0% of the travel price MAHO on Earth GmbH as well as the participants will refrain from a price adjustment.
- After conclusion of the travel contract the participants have no legal right for a rebooking such as change requests regarding the travel specifications (rebooking to another tour, amendments regarding the date, the accommodation, etc.). If a PIC requests a rebooking, we will check whether the change request is possible and there are any expenses associated with it.
- Participants may transfer the travel contract to another person in accordance with § 651e German Civil Code no less than 7 business days before the start of the tour. This third party will take over the rights and obligations arising from the package travel contract. The request has to be sent in writing to firstname.lastname@example.org. Particular travel arrangements may not be altered once confirmed, and any change or cancellation may result in a cancellation fee of up to 100% of the relevant part of the arrangements.
G Cancellation by the participant
- The participant can cancel the travel contract at any time before the tour commences. This cancellation must be made in writing stating the invoice number by email to email@example.com. The date of receipt by us shall be decisive for the date of cancellation. In this case MAHO on Earth GmbH loses the claim to the travel price, but may require from the participant appropriate compensation including administrative costs incurred as a result. In particular, we shall have the right to compensation provided we are not responsible for the cancellation or provided that there are no extraordinary circumstances occurring at or in the immediate vicinity of the destination that make it considerably more difficult to carry out the tour. MAHO on Earth GmbH has determined this claim for compensation under consideration of the proximity of the time of cancellation to the contractually agreed start of the tour in a percentage ratio to the tour price. Other uses of the travel services will be checked and considered as well as saved expenses. The cancellation charge will be calculated as follows:
|More than 60 days prior to tour start: 30 % of the total tour price, |
plus a 250,00 EUR administrative fee
|59 to 31 days prior to tour start: 80 % of the total tour price|
|15 to 30 days prior to tour start: 90% of the total tour price|
|14 days and less prior to tour start / in case of no-show: 100%.|
- In the event individual travel services duly have been offered by us, but the participant did not or did only partially make use of them for reasons to be attributed to self (e.g. early return, etc.), the participant shall not be entitled to pro rata reimbursement of the tour price. Nevertheless potentially saved expenses refunded by service providers will be reimbursed.
- The participants are at liberty to prove that less damage has occurred than in the respective lump sum demanded from them. We highly recommend our participants to conclude a travel health insurance in general and in particular a travel cancellation insurance including an emergency transport to the home country. If the reason (accidents, illnesses, death of relatives, job loss, etc.) for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim the charged amount.
- MAHO on Earth GmbH reserves the right to demand a higher, concrete compensation, if we prove significantly higher expenses have occurred than the above listed lump sums according to Sec G 1.
H Cancellation by MAHO on Earth GmbH
- If the minimum required number of participants, based on the travel specification on our website, is not reached, we reserve the right to cancel the tour up to 31 days before the departure date.
- We may withdraw from the contract any time before the start of the tour for reasons of force majeure.
- We shall have the right to cancel the package travel contract without notice if the participant is, in the judgment of MAHO on Earth GmbH or the tour guide, physically or mentally (such as illness, does not reach required fitness level or any other cause e.g. pandemic suspect) incapable to meet the requirements based on the travel specification. Dependent on the reason the participant may alternatively only be partially excluded from the affected activities.
- We are entitled to withdraw from the travel contract without notice if, despite a warning, a participant disrupts the performance of the tour so significantly that the immediate cancellation of the contract is also justified for the protection of other fellow travelers. The same applies if the participant behaves in such a manner contrary to the contract, especially failure by the PIC to pay the final balance.
- Besides above mentioned reasons we shall be entitled for cancellation if a participant does not abide by the laws and customs of the countries visited on our tour, does not comply with the necessary travel regulations (e.g. safety, hygiene and security rules), does not carry the necessary travel documents, is dependent on an accompanying person, but travels unaccompanied or made the travel registration with false personal details.
- In the event of cancellation by us according to sec. H 1. or H 2., we will inform the PIC by a corresponding email and payments which have already been made will be refunded within 7 days.
- Is the travel contract canceled by us according to sec. H 3., MAHO on Earth GmbH retains the right to the travel price.
- The participant shall also not be entitled to pro rata reimbursement of the tour price. Nevertheless potentially saved expenses refunded by service providers will be reimbursed.
- If we cancel according to sec. H , MAHO on Earth GmbH will not reimburse any third-party services (e.g. visas, flights) that participants may have purchased in addition to our package travel contract.
I Cooperation obligations of the participant
- Regarding the countries visited on our tours all participants must abide by the respective laws and customs, check and comply with the respective health and immigration requirements (safety, hygiene, security rules, any vaccinations required and foreign exchange regulations, etc.) as well as obtain and carry the necessary travel documents (e.g. passport, visa). In this matter, we can only provide general information. Personal requirements have to be checked by each participant with the relevant embassies and/or consulates as well as personal medical conditions. Requirements do change so participants must ensure duly all information is up to date prior to departure. We refer also to section M.
Disadvantages arising from non-compliance with these regulations shall be at the participants’ expense. MAHO on Earth GmbH does not accept any responsibility if the participants cannot travel, or incur any other loss because participants have not complied with any passport, visa, immigration requirements or health formalities, etc.. The participants agree to reimburse us in relation to any fines or other losses which incur as a result of their non compliance.
- Especially decisions made by MAHO on Earth GmbH, tour guides or other persons in charge (e.g. hotel manager) will be final in all matters regarding the safety and welfare of the tour members and the participants must comply with all reasonable requests made by these persons.
- The participants are obliged to arrive in time at the place the tour starts. For this reason we recommend to plan very carefully and consider e.g. potential traffic jams, any delays or time issues with a connecting flight. In particular before an international flight, it is strongly recommended to arrive at the airport three hours before departure.
- As long as a notice of deficiency is not recognisably futile or unreasonable for other reasons, the participant is obliged to report immediately if the tour is not carried out in accordance with the contract. For this purpose, the participant may turn to MAHO on Earth GmbH (firstname.lastname@example.org), the tour guides and other persons in charge. Subsequently the participant can demand remedy and we shall rectify the reduced performance within a reasonable time. The tour guides or persons in charge other than MAHO on Earth GmbH employees are not authorized to recognize claims.
Once we provide a substitute service of equal or higher value accepted by the participant, a deficiency shall be deemed to have been remedied. Regarding a significant deficiency the participant may demand a reduction of the tour price if, despite his request for remedy, travel services or substitute services were not provided in accordance with the contract.
If the above mentioned measures fail, the participant is entitled to withdraw from the travel contract.
- The participants are obliged to inform us immediately about any damage or damage risks and/or to prevent the occurrence of damage as far as possible or to keep it at a minimum.
- We must be able to advise the respective participants on the suitability of the chosen arrangements. Therefore the PIC has to inform us about any possible medical problems or disability that could affect the trip before MAHO on Earth GmbH confirms the travel contract. The same applies to the participants’ medical problems or disabilities for whom the PIC is responsible. We are entitled to require a medical certificate, which shows that the participant is fit to join in the tour. MAHO on Earth GmbH will not confirm the travel contract, if we are unable to accommodate the needs or if the PIC did not give us full details before the conclusion of the travel contract. We may cancel the travel contract and charge any incurred costs as soon as we become aware of these details.
J Liability by MAHO on Earth GmbH
- The contractual liability of MAHO on Earth GmbH is limited to three times the tour price for such damages, which are not bodily injury and were not culpably caused.
- We assume no liability for personal injury, material damage and service disruptions in connection with services that are marked as third-party services in the travel specification and arranged as such (excursions, sports events, exhibitions, etc.). These represent only optional offers and are not within the scope of the tour agreement with us.
- Unless any luggage, personal possessions and valuables (money, cameras, smartphones, notebooks and tablets including accessories, important documents, jewelry, etc.) were deposited for separate safekeeping (reception safe, etc.), we are not liable for their loss and/or damage due to theft or other extreme influences, unless these circumstances are especially attributable to culpable conduct by us.
- MAHO on Earth GmbH is not liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from the acts and/or omissions of the participants affected as well as of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable. The same applies to unusual or unforeseeable circumstances beyond ours or our service providers´ control, the results of which could not have been avoided even if all due care had been exercised or an event which either ourselves or service providers could not, even with all due care, have foreseen or forestalled.
- If our contractual obligations are affected by any event which we or our service providers could not, even with all due care, foresee or avoid (so called Force Majeure) MAHO on Earth GmbH will not be liable or pay you compensation. These events can include, but are not limited to war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, pandemics, natural or nuclear disaster, chemical or biological disaster, the act of any government or other national or local authority including port or river authorities, strike, and adverse weather, sea, ice and river conditions and all similar events beyond our or the service provider’s concerned control. The Federal Foreign Offices´ recommendation to avoid or leave a certain country may constitute force majeure.
- It is the participants responsibility to demonstrate that we or our service providers have been culpable.
K Liability by the participant
With contract conclusion the PIC and all the fellow travelers accept responsibility for any damage or loss that is caused by them (including missing valid passport and/or visa, not complied immigration requirements and/or health formalities, etc.). Those affected have to be paid by the respective participant in full for any such damage or loss as soon as possible. The Participants will be held responsible for any following claims that arise as a result of their actions as well as for any claims made against us at a later date and/or all other costs incurred by us.
In this context, we refer you again to paragraph I. The participants especially agree to reimburse MAHO on Earth GmbH corresponding to any fines or other losses which we sustain because of the participants’ failure to perform.
M Passport, visa, customs and health requirements
Any in the travel specification given pre-contractual information regarding ordinary passports, visas and health regulations is aimed at the nationals of the European Union in which the trip is offered. Nationals of other countries must obtain up to date advice on the relevant requirements from the nearest Embassy/Consulate of the destination country.
The participants must ensure that the necessary travel documents are sufficiently valid for the tour duration. In particular, deadlines for obtaining a visa must be taken into account. Participants should also note that some countries require passports to be valid for at least 6 months after the date of return and have at least 2 blank pages per country visited.
N Data Protection
- The data provided (name, address, date of birth, passport details, telephone number, e-mail,, medical and dietary requirements, etc.) to MAHO on Earth GmbH will be processed, stored and passed on (e.g. to third parties such as our service providers, hotels, customs or immigration if required by law) within the scope of the purpose of the contract. Personal data will exclusively be collected and recorded in order to ensure that the processing and payment of the tour can be carried out without difficulty.
- Upon request, the participants may obtain information free of charge about the data stored about them. The request should be addressed to: email@example.com. By sending us a message by email, the participants may also expressly object to the use or processing of the personal data for the purposes of advertising, market or opinion research or for marketing purposes. A potential complaint regarding our data protection can be submitted to the responsible data protection authority of the state of Bavaria.
- As most of the tours take place outside the EU, controls on data protection in the destination countries may not be as strong as the legal EU requirements. If the participant provides us with personal data relating to any special requirements, the participants agree that this information is being passed on to any organization or companies, which are responsible for any part of the tour whether in the EU or not. MAHO on Earth GmbH cannot provide the tour if we do not receive this permission from the participants. Certainly we will not pass any information on to any organization or companies, which are not responsible for any part of the tour.
- By booking with us, participants agree to passing on their data as described above for the purposes of carrying out the tours. Data will be deleted if they are no longer required for the fulfillment of the contract.
- Marketing Materials: We may use any image of you taken on any of our tours free of charge in media channels such as brochures, videos, social media and on our website earthmaho.com for promotional or marketing purposes.
O Jurisdiction, applicable law and general clause
- The entire legal relationship between the participant and MAHO on Earth GmbH shall be governed exclusively by German law. For disputes arising from or in connection with these legal relationships, the exclusive place of jurisdiction shall be the registered office of MAHO on Earth GmbH. If we sue the participant, the place of residence of the participant shall be decisive, unless the participants´ domicile or habitual residence is abroad or the domicile or habitual residence is not known at the time the sue is filed. In this case the exclusive place of jurisdiction shall be the registered office of MAHO on Earth GmbH.
The above regulations on the choice of law and the place of jurisdiction shall not apply insofar as international agreements applicable to the travel contract conflict with them.
- Online bookings of package travel cannot be revoked in accordance with section 312 et seq. of the German Civil Code. The statutory rights of withdrawal and termination apply, in particular the right of withdrawal in accordance with § 651 i German Civil Code.
- Claims according to sec. 651i of the German Civil Code must be sent by the participant to firstname.lastname@example.org. Claims become statute-barred after two years in accordance with section 651 j of the German Civil Code. The limitation period begins on the day on which the trip should end according to the contract.
- The European Commission provides a platform for online dispute resolution for consumer disputes which you may find at https://ec.europa.eu/consumers/odr. MAHO on Earth GmbH does not take part in this voluntary consumer dispute settlement. Therefore, this platform cannot be used by our participants. If a consumer dispute resolution would become obligatory for us we will inform the participants about it by email.
Last updated October 10, 2023