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PANAMA TRAVEL CORP TERMS AND CONDITIONS

The purchase of any travel services offered by Panama Travel Corp. constitutes a contractual arrangement between you and Panama Travel Corp, and represents your acceptance of the Panama Travel Corp. Terms and Conditions set out herein. Please ensure that you read carefully and understand these Terms and Conditions prior to booking.


Tour Itineraries

These conditions are binding once you purchase any Tour Itinerary provided by independent tour operators through Panama Travel Corp. The deadline for making Tour Itinerary confirmations varies depending on availability and type of travel service.

Tour Itineraries listed on any of the Panama Travel Corp websites are subject to availability. Descriptions, departure times, itineraries, tour duration and locations may be altered as needed based on unforeseen circumstances. Departure times and pick up points will be printed on the Tour Itinerary Email. Customers are required to report to the specified location at the designated departure time. Failure to show up within 15 minutes of pick up time may result in a non refundable cancellation of the tour.


Tour and Transfer Cancellation and Refund Policy

Tour itineraries may be cancelled by Panama Travel Corp. or the Tour Operator due to inclement weather conditions, minimum number of passengers not met or any other unforeseen circumstances. In such case, and as your sole resource, a full refund will be issued.

Cancellations Refund Policy:

All cancellations made 45 days or less prior the arrival will be charged 100% of the total.

All cancellations made 46-60 days prior the arrival will be charged 50% of the total.

All cancellations made 61-75 days prior the arrival will be charged 25% of the total.

All cancellations made 76-90 days prior the arrival will be charged 15% of the total.

Customers that are a no show on the day of the scheduled tour there will be no refund. When customer refunds are administered applicable administrative fees will apply. For domestic flights booked through Panama Travel Corp. no refunds will be issued at any time. Itinerary changes can be made up to 14 days prior to the tour departure. If itinerary changes are required please contact Panama Travel Corp. Customer Service directly. Our agents will make every possible attempt to accommodate you.

The refund will be done in thirty days of the travel service through the original booking method usually credit card.


Airport Tour and Sshuttle Transfers Refund Policy

Customers that are a no show the day of the scheduled tour there will be no refund. Clients delayed by the Airlines our guides will wait for a period of 1.5 hour of original landing schedule time on the day of the scheduled tour or transfer from the airport Tocumen or Albrook. Clients will need to inform us by email or calling us if they are able to come out and meet the guides after the waiting period of 1.5 hour, failure to contact us our personel will leave the airport and there will be no refund.


Hotel Cancellation and Refund Policy

Hotel Cancellation and Refund Policy varies depending on each individual hotel. More information available upon request.


Responsibility

Panama Travel Corp. acts only as an agent for independent tour operators supplying Tour Itineraries/Excursions and services. Independent contractors operate all tour excursions/itineraries, including any related transportation. Panama Travel Corp. neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. Panama Travel Corp. sells tickets for all Tour Excursions/Itineraries as a convenience to customers only. Tour operators, transportation providers, and their employees are neither agents nor employees of Panama Travel Corp., notwithstanding their use of any signage or clothing which may contain the name “Panama Travel Corp.” or other related trade names or logos. It is understood and agreed that Panama Travel Corp. assumes no responsibility for, nor guarantees performance of, and in no event shall be liable for, any loss, damage, injury, or death in connection with said Tour Excursions/Itineraries or transportation. Please review your Tour Itinerary Voucher for further information regarding your rights and obligations as well as those of Panama Travel Corp.

Restrictions

Please note that there are certain restrictions based on age, health, weight and/or height, which may have been imposed by the individual tour operator for your own safety. Panama Travel Corp. urges you to abide by them.

Participation

For the benefit of everyone on your tour, Panama Travel Corp. reserves the right to accept or reject any tour participant and to remove any participant whose conduct is deemed incompatible with the interests of the other participants. We will not refund nor cover any cost or expenses you incur if we have to terminate your tour arrangements due to your unacceptable behavior.

Pricing

Prices for Travel Services are quoted per person, in U.S. dollars. Prices published on any of the Panama Travel Corp. websites may be subject to change based on availability, season or tour operator price increases.
Children three years old or less, who do not occupy a seat, will not be charged and do not require a ticket unless noted in the Tour description. Pricing for children ages of 4 to 11 years are subject to variation depending on tour operator. Customers under 18 years of age must be accompanied by an adult to participate in Tour Excursions. Some Tours require a minimum age to participate and will be noted accordingly.

Fishing Policy

Certain fishing itineraries require a fishing license depending on the type of fish to be caught and release. Children 12 and under are required to wear life jackets at all times while onboard the fishing boat. Children must weight 40 pounds or more to fit the life jacket and participate in the fishing tour itinerary.

Tour Operator’s Diving Policy

Due to the nature and level of physical exertion involved in diving Tours, these Tours may not be appropriate for individuals with certain medical conditions such as asthma, heart conditions, high blood pressure or serious diabetes. Tour Operators require that all customers be able to participate safely in the tour. You will be required to sign a Medical Waiver/Liability Release form on board prior to your immersion. If you have any medical conditions that may affect your ability to participate safely in the diving tour, please contact Panama Travel Customer Service prior to booking. This applies to scuba diving, snuba, power snorkel, underwater scooter, and sea trek Tours.


Personal Possessions

Neither Panama Travel Corp., nor the Tour Operators will be responsible for personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember coats, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout the Tour Itinerary, under the guest’s custody and control.

Transportation

Customers should consider that standards of transportation vary considerably throughout the world. Air-conditioned motorcoaches are not available in many areas. In some destinations, local buses are the best available. Customers wishing to travel with friends should gather and wait together at the assigned pick up point, as this will help the Tour staff allocate sufficient space in the same vehicle.
Please note that motorcoaches and other forms of transportation may require customers to climb 2 to 3 steps. Most, but not all motorcoaches, can accommodate collapsible wheelchairs. Staff is not obligated to lift customers into or out of vehicles. Tendering may prevent customers in wheelchairs from participating in certain Tour Itineraries. For further information about specific Tour Itineraries’ transportation accessibility, please contact Panama Travel Corp. Customer Service Department.

Required Documentation & Identification

Please note that travel documentation’s requirement in Panama varies according to customers nationality and Panama Customs/ Immigration Regulations. It is the responsibility of the customer to provide valid travel and medical history documents required for air travel, port authorities, custom and immigration; etc.
Contact Information

Customer must provide with updated and valid contact information to Panama Travel Corp. in order to make sure a proper communication is possible, when needed.

Guests with Special Needs

Please report any disability requiring special attention while on tour to Panama Travel Corp at the time the reservation is made. Panama Travel Corp. will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers.

Post Sales Customer Service:

Any complaint or claim related to the travel services offered on the Panama Travel Corp. websites or by the negligence of our suppliers, sub-contractors, or agents must be received while on the tour or cruise within 30 days of tour completion.

As it is difficult and sometimes impossible to properly investigate a complaint if we are not advised of such complaint on timely manner, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause.

Holidays:

During local or national holidays or special events, on Sundays, or on religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, and shopping may be limited or not available. Alternatives will be offered whenever possible. Panama Travel Corp cannot be held responsible for any closures or curtails for any reason.

LIMITATIONS OF PANAMA TRAVEL CORP.’S LIABILITY

(a) In consideration for the fare paid, it is agreed that Panama Travel Corp. shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Panama Travel Corp. nor for any intentional or negligent acts of Panama Travel Corp.’s employees committed while off duty or outside the course and scope of their employment.

(b) Panama Travel Corp. shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Panama Travel Corp. and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Panama Travel Corp.

(c) In addition to all the restrictions and exemptions from liability provided in this Contract, Panama Travel Corp. shall have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited Title 46 of the United States Code sections 30501 through 30509, and 30511. Nothing in this Contract is intended to nor shall it operate to limit or deprive Panama Travel Corp. or any such statutory limitation of or exoneration from liability under any applicable laws.

JURISDICTION, VENUE, ARBITRATION AND TIME LIMITS FOR CLAIMS

(a) Panama Travel Corp. shall not be liable for any claims whatsoever for personal injury, illness or death of the Customer, unless full particulars in writing are given to Panama Travel Corp. within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Panama Travel Corp. within 120 days after filing. Customer expressly waives all other potentially applicable state or federal limitations periods.

(b) Panama Travel Corp. shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Customer, unless full particulars in writing are given to Panama Travel Corp. within 30 days after the date the Customer has completed the tour. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Customer has completed the tour itinerary, within six months thereafter, and unless served upon Panama Travel Corp. within 120 days after commencement. Customer expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.

(c) Except as provided in above paragraphs, it is agreed by and between the Customer and Panama Travel Corp. that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Customer’s itinerary, including travel to and from the pick up/ drop off point, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.

(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Customer, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Customer’s itinerary, no matter how described, pleaded or styled, between the Customer and Panama Travel Corp., with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Customer hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures which are deemed to be incorporated herein by reference. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: American Arbitration Association, Bank of America Tower,100 Southeast 2nd Street, Ste. 2300, Miami, FL 33131 (305) 358-7777.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT CUSTOMER OR PANAMA TRAVEL CORP. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Panama Travel Corp. and Customer further agree to permit the taking of a deposition under oath of the Customer asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 12 (c) above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.

Class Action Waiver

This contract provides for the exclusive resolution of disputes through individual legal action on customer’s own behalf instead of through any class action. Even if the applicable law provides otherwise, customer agrees that any arbitration or lawsuit against carrier whatsoever shall be litigated by customer individually and not as a member of any class or as part of a class action, and customer expressly agrees to waive any law entitling customer to participate in a class action. If customer’s claim is subject to arbitration under clause 12 (d) above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Customer agrees that this section shall not be severable under any circumstances from the arbitration clause set forth in section 12 (d) above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.

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