Terms & Conditions

Panamatura SA is a tour operator from Panama for trips and excursions in Panama. We want to give you the best travel experience in Panama, and that includes clear and understandable travel conditions.

The following conditions apply to our trips and excursions. In most cases we are the organizer of the trips and excursions, and only in a few cases do we act as an intermediary. In the case of arranging a service from a third party, the special conditions will be communicated to you separately. A brief explanation of the difference between organizer and intermediary: an organizer combines several tourism services into a package price (trips and excursions). In our case, with numerous services we provide ourselves.

Acting as an intermediary only happens when exclusively third-party services or an external product are arranged, e.g. an excursion by a third-party provider at a destination, a single hotel booking or a rental car.

1. Registration and Conclusion of the Travel Contract

Registration for a trip is done via a form that we send you by email or link. If you register several travel participants, you undertake to fulfil the contractual conditions for the travel participants you have registered. If you do not wish to do this, only state the names that you want to register yourself. And we ask you to provide the name and email address of the other travel participants, so that we can send the registration form directly to those customers. An offer sent by us and accepted by you, describing all services and stating a corresponding price, is the basis of the travel contract. The travel contract/booking comes into effect through the payment of either a deposit or the full payment, or through us sending the voucher in PDF form by email.

2. Payment

In general, a deposit of 50% of the travel price is due upon conclusion of the travel contract (confirmation of the booking), and the remaining payment one month before the start of the trip. In exceptional cases, such as short-notice bookings, we will send you the separate payment dates and conditions in writing. We issue an invoice in US dollars or in euros, depending on the currency in which the trips were offered on our channels (website, Facebook, WhatsApp), or which currency was agreed in writing. Transfers to Panama are only permitted in US dollars; furthermore, the client must cover all transfer charges (the reason for this is that with shared charges an intermediary bank charges a considerable commission, whereas this commission is not charged when the client pays). Please also note that transfers to Panama can take between 5 and 6 working days. If the travel price due is not paid in full by the contractually agreed start of the trip, Panamatura is released from its obligation to provide services and can demand the corresponding cancellation costs from the customer.

3. Changes to Services and Prices

Insignificant changes and deviations of the travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract, are permitted insofar as they do not impair the scope of services of the booked trip. If a service is no longer available between the conclusion of the travel contract and the execution of the trip (e.g. due to the closure of an operation, change of operating hours that are incompatible with the program, cancellation of contingents, etc.), an equivalent replacement may be included in the travel program; any higher-priced services will be proposed to the customer and require their consent. In general, individual services may no longer be available between submission of the offer and acceptance of the offer; in this case a replacement is proposed and a revised offer is sent. With trekking tours and activities that depend on the weather, individual activities may be cut short or completely omitted in order to ensure the safety of the participants. The decision to cut an activity short is made by the tour guide on site. In this case, a replacement program with an entirely different scope of services may be carried out.

We make every effort to maintain the price and scope of services agreed upon at the conclusion of the travel contract. However, we reserve the right, in the event of sudden price increases by third parties (entrance fees, prices of flight tickets, hotel rates, etc.), to pass on these increased costs to the customer. Price increases must be communicated to the customer immediately, but no later than 28 days before the start of the trip. In the event of price increases of more than 5% of the travel price, the customer may withdraw from the contract free of charge or instead request participation in another trip (the customer will be presented with an offer for this trip – the price of the trip ultimately booked then applies). The customer must assert the withdrawal or the request for a replacement trip vis-à-vis Panamatura without delay after becoming aware of the notification of change.

For travel contracts concluded in euros, we reserve the right, in the event of exchange rate fluctuations of more than 5% of the USD against the euro, to adjust the price accordingly. The customer retains the right to withdraw from a travel contract under the conditions stated above. Likewise, exchange rate improvements in favour of the customer are passed on under the same conditions.

4. Rebooking by the Customer

If the customer is replaced by a third party before the start of the trip, a processing fee of 50 USD per person plus any costs incurred from external service providers will be charged (flight tickets are issued in the traveller’s name and can usually only be rebooked for a fee). The customer’s rebooking requests can, where possible, be processed for a processing fee of 50 USD per person plus any costs incurred, without time limits.

5. Withdrawal/Cancellation

If you withdraw from the travel contract or do not start the trip, a flat-rate cancellation fee will be charged as appropriate compensation for the travel arrangements made and expenses incurred. The number of days remaining from the receipt of the declaration of withdrawal by Panamatura until the start of the trip is decisive for the calculation.

For round trips, or travel programs that include overnight stays, the following amounts apply:

To reduce your risks of a cancellation, we recommend taking out travel cancellation insurance.

For day excursions, the following amounts apply:

To reduce your risks of a cancellation, we recommend taking out travel cancellation insurance.

If the customer does not make use of individual travel services as a result of an early return journey or for other reasons for which the tour operator is not responsible, the tour operator will endeavour to obtain a refund of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund cannot be obtained.

6. Withdrawal from the Trip by the Tour Operator

The tour operator may cancel a trip due to force majeure, i.e. very rare, unusual and unforeseeable events over which it has no influence and the consequences of which could not have been avoided despite the application of due care. This does not include overbooking, but it does include government orders, strikes, war or war-like conditions, epidemics, natural disasters, etc.

In this case, the tour operator calculates the costs incurred up to the point of the cancellation. A full refund of the travel price is not possible in this case; only the costs not charged by the service providers involved can be refunded.

Withdrawal by the organizer after the start of the trip

The organizer is released from fulfilment of the contract if, in the context of a group trip, the customer persistently disrupts the execution of the trip through grossly improper behaviour, despite a warning. In this case, the customer, insofar as they are at fault, is obliged to compensate the organizer for the damage.

7. Remedy in the Case of Travel Defects

We endeavour, and it is a practice we live by, to inform the customer precisely in advance about the services of their trip, and also to inform them promptly of any changes to services in advance and during the course of the trip. These changes to services should not change the character of the trip and should be equivalent to the service being replaced. Should the changes to services result in benefits for the customer, these will be passed on.

If you notice a defect or if a contractually agreed service is missing, you are obliged to inform a representative of Panamatura without delay about the travel defect you have identified (and also in writing to our emergency number as soon as you have internet access again). We are responsible for remedying this defect as quickly as possible and for providing the agreed service or an equivalent replacement service. The local tour management is instructed to provide a remedy where possible. However, it is not authorized to acknowledge claims by the customer.

If the customer fails to report a defect, they lose their claim to a reduction in price and to compensation for this reason. In the event that only a replacement service of lower value is available, the customer receives compensation in the amount of the difference. Compensation in the amount of the difference between the agreed service and the service provided is also the maximum amount of compensation if a travel defect cannot be remedied due to circumstances for which the organizer is not responsible.

Termination of the travel contract by the customer due to a travel defect that significantly impairs the trip is permissible if Panamatura does not provide an appropriate remedy after the customer has set a reasonable deadline for remedy. Setting a deadline is not required if the remedy is impossible, is refused by Panamatura, or if immediate termination is justified by a special interest of the customer.

8. Liability of the Tour Operator

Panamatura is liable for the careful selection and supervision of the service providers, the conscientious submission of the offer and travel preparation, as well as the proper execution of the confirmed travel services on the basis of the respective offer.

Disclaimer of Liability

Panamatura is not liable for services and associated consequences that are not part of the travel contract and for which the customer is independently responsible (e.g. self-organized excursions at the destinations, self-booked hotels, etc.).

Excluded from liability are in particular personal injury or death, as well as damage to property and financial loss resulting from force majeure, or events that are outside our responsibility such as riots, wars, road blockades, bad weather, natural disasters and the like.

The customer participates at their own risk in activities that carry particular risks and are inherently dangerous, such as trekking, diving, hiking, boat trips, etc., and that can cause serious or severe injuries, including bodily harm, damage to personal property and/or death. In this respect, Panamatura is liable only in cases of intent or gross negligence.

The customer is responsible for taking out appropriate travel health, accident and rescue insurance. The participant is liable for damages and expenses arising from being medically unfit for the booked trip. This applies primarily to activities with particular risk and activities involving particular exertion. The tour guide of such tours is entitled to exclude participants in whole or in part from participation due to their medical unfitness – in the interest of the customer’s health or the feasibility of the activities within the program. An exclusion from these activities does not give rise to any grounds for refunds.

Should you notice any unsafe behaviour, action or decision by an agent (e.g. tour guide, driver, etc.) or generally by a service provider, please report this behaviour or situation immediately to our emergency number.

9. Responsibilities of the Customer

The customer must inform the tour operator immediately if they have not received the required travel documents (voucher, national flight tickets, service vouchers and travel information) within the communicated deadline before the start of the trip, or if these are incomplete or incorrect. The customer is obliged to check the travel documents for correctness and completeness immediately upon receipt.

The customer confirms that they understand the requirements of adventure travel and tourism activities and are in good health and in adequate physical condition to participate in such activities. The customer undertakes to inform the tour operator of any relevant illnesses. The customer understands that in the event of an emergency evacuation, the costs and the responsibility for it lie with them.

The information on the physical requirements for activities such as hiking is provided to the best of our knowledge and belief, but without guarantee. This is because such information is not only a subjective assessment but also depends to a high degree on unforeseeable external circumstances, in particular the weather conditions.

The customer is obliged, in the event of service disruptions, to cooperate within the framework of the statutory provisions and to avoid or minimize any damage.

If travel services are not provided in accordance with the contract, the customer can demand a remedy. The customer is obliged to report a travel defect that has occurred to the tour operator without delay. The report must be made to the tour management on site, and at the same time in writing to our emergency number.

Contractual claims for price reduction and claims for damages are excluded if the customer fails to report the defect. Your tour guides, in cooperation with our office, are instructed to provide a remedy where this is possible. However, they are not authorized to acknowledge claims by the customer.

If your luggage is lost, damaged or does not arrive on time on air travel, you must immediately submit a written damage report on site to the airline that carried out the transport. The damage report must be submitted within 7 days in the case of luggage loss, and within 21 days of delivery in the case of delays. Airlines generally refuse refunds if the damage report has not been completed. The tour operator assumes no liability for the loss or damage of valuables or money in checked luggage. In all other respects, the loss, damage or misdirection of luggage must be reported to the tour operator or the tour management without delay.

10. Disclosure of Information to Third Parties

Due to statutory data protection requirements, information about the names of the travel participants and the whereabouts of travellers will not be disclosed to third parties, even in urgent cases, unless the customer has expressly consented to such disclosure. We therefore recommend providing contact persons and details in the booking form, so that we can pass on information about you to these persons and contact them in the event of an emergency.

11. Passport, Entry and Health Regulations

The tour operator informs the customer about the passport and visa requirements, as well as about health regulations required for the trip and the stay, and the approximate time needed to obtain any documents. However, the traveller is responsible for complying with all formalities and regulations required for carrying out the trip. Please understand that in the event of a refusal of entry by the Panamanian authorities due to incomplete travel documents, we cannot assume any responsibility. All additional costs that arise for us as a result will be charged in full.

12. Invalidity of Individual Provisions

The invalidity of individual provisions already named in the travel contract does not result in the invalidity of the entire travel contract or of the remaining provisions.

13. Applicable Law and Place of Jurisdiction

The law of the Republic of Panama applies.

The place of jurisdiction is Panama.

14. Tour Operator

The booked trip is organized by Panamatura S.A.

Calle Dr. Mabry Corregimiento de Ancón, Panama City

Phone/WhatsApp: +507 – 6539 2064

Email: kontakt@panamatura.de