TERMS & CONDITIONS

AGREEMENT

Enrollment in and payment for a service or a package implies agreement and acceptance of the terms and conditions set forth below. In this agreement, Truly Panama, S.A. may be referred to as the operator, the company or Truly Panama.

RESERVATIONS

All reservations must be made in writing by e-mail to dessiree@trulypanama.com. Every request will be answered by Truly Panama in the next 24-48 hours of receipt of the request (please consider the time difference between countries). If for any reason, more time is needed an explanation will be sent to the client.

All reservations and requests are subject to our written confirmation and the acceptance of the de-tailed reservation policies – which are considered accepted by each client at the time of reservation and/or through the payment of the initial deposit, when requested.

In order to guarantee the correct handling and processing of all reservations and reservation re-quests, please forward any change thereof only via e-mail to us.

General Reservation Information:

Please provide us with the following reservation information:
1) Last name & first name of each passenger
2) Nationality and passport number of each passenger
3) Children’s names, and dates of birth (if applicable)
4) Itinerary dates and tour program
5) Hotel accommodation, room types, number of beds (if applicable)
6) Arrival / departure details for transfers / flight arrangements (if applicable)
7) Any allergies, dietary requirements, medical conditions or disabilities (if applicable)
8) Any Special Requests or Requirements (if applicable)

We may request additional information as deemed necessary and/or required to handle and complete the reservation.

Note: We will not accept uncompleted reservation request transmissions. All reservation changes after our initial written confirmation are also subject to a written re-confirmation. All initial re-quests will be answered and/or reconfirmed within 24 -48 hours (considering the time difference between countries).

Reservations of services not included in our tariff:

We gladly make reservations of services which are not included in our regular tariff and on our web sites. Usually we are able to reconfirm these reservations also within 24 – 48 hours. However, Truly Panama will not accept any responsibility for services which are not recommended by us.

Use of Third Party Operators:

Some Truly Panama trips and services, as noted in the itinerary, are scheduled with other travel companies or tour operators who sell their tours to the general public. In such cases, the traveler acknowledges that other groups and/or individuals may be a part of the same tour. This situation is most common when the tour is on a train, barge, sailing vessel or cruise ship.

CHANGES

We charge a USD 95 fee for each change made within fifteen days prior to client’s arrival or after the third change in a confirmed reservation or itinerary.

Itinerary Changes: Itineraries are subject to changes. We reserve the right to change the order of activities listed in our published tours. In the event there is an itinerary change, comparable lodging, meals and activities, programs, or entertainment will be provided. Changes may result from scheduling needs, unforeseen incidents, or other causes.

CANCELLATIONS

All cancellations must be received in writing either by e-mail and will be reconfirmed in writing. The following charges per person will apply when cancellation is made after the booking is con-firmed by Truly Panama:

For any dates:

60 days prior to arrival date: 50% of monies paid

Less than 60 days prior to arrival date: 25% of monies paid

For cancellations 30 days or less prior to arrival there are no refunds

Note: The same fees apply for partial cancellations of a booking. In addition to these cancellation fees, deposits required to guarantee hotel space might be nonrefundable. Any supplier penalties not covered by the above will apply as well.

PAYMENTS

Wholesaler: Any service fees, bank charges or processing/transfer fees are the responsibility of the sender. We reserve the right to cancel any part – or the entire tour arrangement – if the deposit and/or balances are not paid at the due date indicated by our representative. We cannot guarantee confirmed reservations if the deposit and/or balance are not paid at the due date indicated by our representative and services may be cancelled by us or our providers without notice.

Deposit: It will only be required to guarantee special services of suppliers who have a policy regarding such.

FIT’s: Full payment must be on our account at least 30 days prior to the client’s arrival. For Holiday dates (Fiestas Patrias, Christmas/New Year, Carnival & Easter Week) full payment must be on our account at least 90 days prior to the client’s arrival.

Groups: A 25% down payment is due at the time of reservation. The outstanding balance of 75% must be on our account at least 30 days prior to the client’s arrival. For Holiday dates (Fiestas Pa-trias, Christmas/New Year, Carnival & Easter Week) full payment must be on our account at least 90 days prior to the client’s arrival.

In the event a reservation is made less than 30 days in advance we require full payment of all tour arrangements at the time of reservation.

Remember: You are entering into a legal and binding contract with us. According to our company policies we will strictly enforce payments on overdue accounts.

FORM OF PAYMENT

All payments are to be made in USD by wire transfer or deposit to the following Bank:

Banking Details:

FOR NATIONAL TRANSFERS

BANCO GENERAL
SAVINGS ACCOUNT 041-0990-1394-69
ACCOUNT NAME TRULY PANAMA S.A.

FOR INTERNATIONAL TRANSFERS

CITIBANK NEW YORK, N.Y. US$ (USD)
SWIFT CITIUS33
ABA 021000089
Beneficiary Bank BANCO GENERAL, S.A. – PANAMA
SWIFT BAGEPAPA Beneficiary Truly Panama S.A.
Client Truly Panama
Savings Account 041-0990-1394-69

OR

WELLS FARGO BANK, N.A. US$ (Dólares Americanos)
Swift PNBPUS3NNYC
Beneficiary Bank BANCO GENERAL, S.A. – PANAMA
SWIFT BAGEPAPA
Beneficiary Truly Panama S.A.
Client Truly Panama
Savings Account 041-0990-1394-69

Please advise each time you send a wire transfer or bank deposit and include date and amount sent as well as what the payment is for via e-mail to accounting@trulypanama.com. This is the only way we can confirm these transfers. Also, consider the amount of time that the wire transfer may take to be credited into our account, so please send us your payment a few days before the due date.

For Credit Card payments an additional 5% credit card commission will be charged.

CREDIT POLICIES

Truly Panama will not offer credit to any wholesaler company. All contracted services must be paid in full according to our payment policies. In the cases where Truly Panama decides, for convenience reasons, to grant different terms of payment for the services contracted, the wholesaler will comply with the following requirements:

Sign a statement where services and payment terms are specified, as well as the wholesaler commitments to pay for the contracted services. In certain cases, a credit card will be required to guarantee the payment.

The credit shall not exceed five thousand dollars (USD $5.000). In case a greater amount is authorized, an additional guarantee will be requested.

REFUNDS

No refund will be made for no-shows or any unused portion of the itinerary, whether voluntarily or caused by airline delays or cancellations. Involuntarily unused services will be refunded subject to the policies of individual suppliers. In this case, we reserve the right to deduct a service charge. No responsibility can be accepted for expenses incurred due to delays or changes in schedule or other causes. Any application for refund must be received in writing within 30 days of scheduled departure and must be accompanied by all negotiable tour vouchers, air tickets, taxi receipts, and so on.

Please forward all requests directly to the General Management and allow a processing time of approximately 2 (two) weeks.

If for any reason (including acts of God, the political climate, threats of violence or war, strikes, robbery, medical problems found before or after a tour, terrorism, failure of any means of transportation to arrive or depart according to the travel plan, government regulations or restrictions, transit, service hotel and restaurant disturbances out of our control), Truly Panama reserves the right to make any reasonable changes and/or substitutions in the itinerary where necessary. For excursions or tours where Truly Panama is not the operator or direct supplier and it is acting only as an agent, Truly Panama will not be responsible if the supplier does not provide the service.

If for any of the mentioned causes, Truly Panama cancels the tour, the amount paid to Truly Panama for the tour will be refunded according to our suppliers’ refund policies. We reserve the right to charge a handling fee for additional expenses.

Truly Panama will not be responsible for procuring any refund of amounts the traveler paid to third parties for transportation or otherwise, or for the payment of any change or cancellation fees on the travelers chosen mode of transportation to or from the tour location.

Truly Panama is not responsible for any event or activity change and/or cancellation during the tour due to weather or to circumstances beyond its specific and immediate control.

DISPUTE RESOLUTION

If any disagreement arises concerning payment or refund obligations, these policies, or the liability or responsibility of the traveler or Truly Panama, the parties agree to negotiate in good faith to resolve the disagreement. In the event litigation arises, the traveler agrees that the sole and exclusive venue (location) for any such law suit is in a court of competent jurisdiction in Panama, unless applicable law makes venue mandatory in another location.

In case of accident, Truly Panama will not assume any responsibility, so it will be the sole responsibility of the supplier. For that purpose, Truly Panama will assure that all suppliers maintain the necessary insurances to cover such events.

OUR PRICES

All rates and services are quoted in US Dollars ($). Tour prices include all items as shown in the itinerary, applicable taxes, services of a local representative and all planning and operational charges.

Not included:

Any item not specifically stated in the itinerary, discretionary gratuities for local representatives, tour guides, drivers or hotel staff, and airport departure tax (USD 40; usually included in the inter-national airfare). Prices are accurate and available at time of publication. Truly Panama reserves the right to alter quoted prices to reflect changes in local air fares, land services or sales tax increases without notice.

All rates are wholesaler net and non – commissionable and are effective from January 01, through December 31 of the current year, unless otherwise stated. Optional gratuities for service providers, tolls, meals, national park fees, optional insurance, sightseeing tours etc. are not included unless otherwise stated.

DOMESTIC FLIGHTS

Truly Panama acts as agent for the purchase of domestic airline tickets and the passage contract in use shall constitute the sole contract between the airline and the passenger. Truly Panama is not responsible for cancellations or delays of domestic flights nor for any lost services as a result of the same. Domestic flights are regularly scheduled. In the case of non-operation of a domestic flight for any reason, the client will be responsible for any additional expenses or will pay the difference for a charter plane. Truly Panama always recommends clients to overnight in Panama City prior and after their trip out of the city. Connecting local with international flights, either way, is always risky for the clients. If the wholesaler makes this kind of connections, and for any reason, the clients lose any of the connections, Truly Panama will not be responsible for any problem or extra cost this may cause. Please note that on domestic flights the maximum baggage allowance is 30 pounds (14 kg) per person on the routes Panama – David and Panama – Bocas del Toro and 25 pounds (12 kg) per person on any other route. Excess luggage will be charged USD 1.00 per pound and will be trans-ported only if local weight capacity allows it. Flight tickets are non-refundable or endorsable. Change penalties may apply.

TRAVEL DOCUMENTS

Each client shall be responsible for obtaining valid travel documents, complying with customs, immigration and other regulations of the country to which they are traveling. Truly Panama accepts no responsibility for any problems related to/and or in obtaining these documents.

All clients receive upon arrival a full set of travel documents including personalized welcome letter, information about contact persons and emergency numbers, and our vouchers and itineraries (if so booked). Please note we do not send out any physical travel documents via regular mail.

INSURANCE

It is highly recommended that all participants insure themselves and their property prior to departure.

Truly Panama will take the necessary actions to ensure that any supplier performing services to the company will have the necessary insurance to cover any situation. It is understood that Truly Panama do not and cannot guarantee that suppliers performing services to the company in the Guna Yala Indian Region (San Blas) or other indigenous areas will have the necessary insurance to cover risks of the participants. Therefore, the participant is sole responsible for any and all risks to its own person an property related their stay and movement in the mentioned areas.

INDIVIDUAL FAM-TRIPS

You and your staff are warmly welcome to Panama. We are more than pleased to help with reason-able prices and show you our beautiful country. If time allows us, someone from our staff will travel with you. For Fam Trips, please try to avoid peak season around Carnivals, Easter and Christmas / New Year as for these dates we cannot give out any price reductions.

RESPONSIBILITY

Truly Panama (its owners, associates, agents and employees) assumes no responsibility to injury, loss, damage to person or property or for additional expenses due to acts of God (sickness, weather, etc.), strike, detention, riot, war, quarantine, thefts, civil disturbances or government regulations or restrictions. We are not responsible for any accidents, delays, inconveniences, expenses or mishaps of any kind whatsoever resulting entirely, or in part, from the negligence of others or from causes beyond our control. We reserve the right to make reasonable changes and/or substitutions in the itinerary where deemed necessary. For those trips and tours where Truly Panama is not the source or supplier, we act solely as agents and as such assume no responsibility should any supplier fail to provide the services contracted. If this should happen, a full refund for the missed service will be given, but Truly Panama is not responsible for any additional expenses. Baggage is entirely at owner’s risk.

CONDUCT

We reserve the right to decline, to accept, or to retain, any person as a tour member for any reason that affects the operation of the tour or the rights and welfare or enjoyment of the tour members. A refund of the recoverable land tour services is the limit of Truly Panama liability in this event.

HEALTH PROBLEMS

Persons with medical conditions or health problems should make them known to Truly Panama well before arrival, including special diets, allergies, etc. We reserve the right to disqualify anyone at any time during the tour if it is felt that the individual is physically incapable of performing an activity and/or if that individual’s continued participation would jeopardize the safety of the group or handicap the normal functioning of scheduling of the tour. Truly Panama assumes no responsibility for special arrangements necessary or problems experienced for or by passengers physically unable to participate in the planned activities.

MEDICATION AND MEDICAL INSURANCE

Having adequate supplies of all medications is the responsibility of the individual traveler. Truly Panama is not responsible for dispensing or procuring any medications and our guides are instructed not to provide any medication to our clients. Truly Panama does not provide individual medical insurance or accidental injury/death insurance coverage of any kind. A traveler’s medical insurance coverage may not cover “Out of Country” travel or claims, and should be checked prior to departure.

INVOLUNTARY/VOLUNTARY DEPARTURE FROM A TOUR IN PROGRESS

In the event that a traveler voluntarily chooses to leave a tour, Truly Panama may require a written, signed statement of the traveler’s intent to depart from the tour. In the event that a traveler’s voluntary departure is due to any personal reason or due to illness, or is a consequence of any government action (including arrest), Truly Panama will not refund any money. Transportation costs to return home, airline surcharges or penalties, and any other expenses will be the responsibility of the traveler.

PROSTITUTION AND THE COMMERCIAL EXPLOITATION OF CHILDREN

Prostitution or any compensation of sexual favors is prohibited in any tour or hotel facilities provided by Truly Panama. In addition, any client involved in this type of activities will be disqualified at any time during the trip. Truly Panama assumes no responsibility for special arrangements necessary for or by passengers due to his/her behavior.

Truly Panama condemns all forms of sexual exploitation of children and supports all acts of law made to prevent and punish such crimes. We consider that the exploitation of human beings, in any of its ways, especially sexually and when it affects children and adolescents, damages the main purposes of tourism and constitutes a denial in its essence. For this reason, and in accordance to our local Law Nr. 16 of March 31, 2004 against the Commercial Sexual Exploitation of minors, we will cancel the contract with any person or company that in any ways, contribute, facilitate, tolerate or promote the commercial sexual exploitation of children and adolescents.

Truly Panama demands that all clients, partners and all members of staff refuse to take part in the sexual exploitation of children and report all cases of sexual exploitation of children, which come to their awareness. The breaching of this policy can result in dismissal, police report or the ending of ongoing collaboration.

ENVIRONMENTAL COMMITMENTS

Truly Panama is committed to comply with the policies stated in the section of Environmental Issues and will apply them to these Terms & Conditions where applicable.

OPERATIONAL SERVICE POLICIES

Qualified office staff:

Truly Panama will provide an adequate number of qualified staff to fulfill the duties in the destination/country.

Luggage:

Luggage always will be the responsibility of the client. In case any client requests the company to transfer the luggage, Truly Panama assumes no responsibility for any valuables left within the luggage.

Alcohol and drugs:

The abuse of any alcoholic drink or consumption of any illegal drug during the trip is strictly prohibited.

Coaches/Means of transportation:

Truly Panama is responsible for the proper organization and punctual performance of all services offered.

Truly Panama will provide the transfers, roundtrips, cruises and excursions with owned or rented coaches, mini-busses, jeeps, vessels, aircrafts, and taxis. All means of transportation are driven, piloted and sailed by properly qualified staff in possession of valid licenses necessary under local law and with sufficient experience in commercial traffic.

Truly Panama is not responsible for any costs or expenses associated with the provision or maintenance of any subcontracted means of transportation. The company will assure that all means of transport have good quality standards and will take all necessary steps to ensure that all used equipment is in technically perfect condition, regularly cleaned and properly maintained.

All means of transportation are equipped with appropriate first aid kits and all respective safety certificates. All drivers, pilots and shipmasters must strictly observe the resting periods requested by local law or regulations. Communication from outside with drivers during their duty, including breaks/stops is a must. The drivers are instructed to treat all clients in a friendly manner.

Truly Panama will control and survey the quality standard of all means of transportation which operate for us. Truly Panama guarantees that all company vehicles have the proper insurance.

Contingency:

Truly Panama will provide contingency within reason to cover:

Inability to perform the service: In the event that the company is not able to perform any particular agreed service, it will ensure that appropriate contingency arrangements are made to ensure that the required service(s) is/are carried out punctually as agreed.

Vehicle breakdown: In the event of vehicle breakdown, the company will dispatch directly a suitable replacement vehicle.

Sickness and holiday cover: Truly Panama will provide complete cover for driver vacation and periods of sickness at no additional cost and at the service level specified in this agreement.

Transfers:

Truly Panama will provide transfers for the wholesaler’s clients from the point of arrival in the country to the booked accommodation and return. The rates include full service, such as on and off loading of the luggage.

Pick-up times and routing will be handled according to the agreement between the company and the wholesaler’s staff. We will offer the best possible service to the clients. The drivers will not be allowed to make unscheduled stops and it is understood that they know the exact location of the hotels and places in order to do direct transfers.

Truly Panama will have the necessary means of communication with the guide and/or driver during the whole trip.

Excursions:

Truly Panama will organize and perform at its own responsibility and account excursions for the wholesaler clients, as stated in these terms. The excursion program and its content have to be proposed by Truly Panama and approved by the wholesaler in writing.

The proposal of the company will contain the following details:
Routing including stops
Content of the excursion offered including minimum number of participants
Duration, timetable, pick-up times
Prices
Cancellation fees to be borne by the client
Main sub-contractors

Truly Panama will operate the excursions regardless of the number of clients who have booked unless the number is less than the minimum number agreed for each excursion.

All the necessary means of transportation will arrive at the first appointed venue of embarkation at least 10 minutes before departure time and will leave on time. The excursions are accompanied by tour guides, who are adequately trained, familiar with the region, its flora and fauna, history and people, fluently speaking and understanding the language of the clients. All excursions include the service of a combined multilingual driver/escort.

Hotel reservations:

The reservation department is supported by trained staff and it is fully equipped with computers. The working and office hours will be determined by mutual consent between the company and the wholesaler. Normal office hours are Monday – Friday from 08:00 (8am) to 17:00 (5pm) hours and on Saturdays from 08:00 (8 am) until 12:00 (12pm) hours.

Truly Panama undertakes:
to make all reservations of accommodation, including special offer bookings
to send all reservation data immediately upon reception to the hotels
to keep all confirmations received from the hotels
to check regularly the up-date of the reservations
to assist the wholesaler in the control of allotments with guaranteed occupancy and/or advance payments/loans and/or participation
to propose an alternate accommodation if the requested hotel or room type is not available
to inform the wholesaler immediately and without delay should a reservation not be accepted due to an overbooking situation or construction works closure
to check the availability and obtain reservations for in resort clients who wishes to move to another hotel
to answer request bookings within the next 24-48 hours, after the request has been received (please consider the time difference between countries)

Flight Assistance:

Upon request, there will be one employee present at the airport in order to help during arrivals and departures.

Truly Panama undertakes for domestic flights only:
to arrange the transport of bulky baggage
to inform the wholesaler at any time, upon any changes of flight schedules, routings and arrival/departure times
to check immediately any request of clients for rebooking flights and to make any endeavor to satisfy the request
to handle “flight-only” bookings if requested and to answer for flight confirmation and departure times
to keep flight tickets in safe custody and to produce a monthly detailed report of the tickets eventually issued and sold
to keep close contact with the airport authorities, airport police, custom officers, airline handling agents and tour operators of other companies

Car Rental:

Car rental rates do not include any insurances, gasoline, tax, tolls, transfers or additional driver fees. The rates include unlimited mileage. A passport, valid driver license and a major credit card are mandatory for all rentals and/or the designated driver. All rates and terms are subject to change without further notice. Minimum rental is one day. Rental period is based on 24 hour day from time of pick up. Minimum driving age is 21 years old. Additional expenses are the responsibility of the renter.

Soft Adventure Touring:

Canoeing, rafting, fishing floats, hiking, camping, sightseeing, and guided soft adventure tours as well as other and similar outdoor activities are not entirely “risk free”. None of our companies can assume responsibility for injuries, completion of tour itineraries, inclement weather conditions or flight delays etc. In order to participate in a soft-adventure program some operators may require an insurance waiver release form for a participant prior to the tour departure. We are unable to resume responsibilities for any delays, cancellations and / or additional cost occurring through such a cancellation. Although we will do the best possible to reschedule the tour or provide alternative arrangements on request of the client.

ASSUMED RISK

All Travel has its own inherent risks, up to and including death and the traveler acknowledges such risks exist. Truly Panama will take reasonable precautions to protect the health and safety of our travelers. Truly Panama is not liable, and the traveler agrees to hold harmless Truly Panama, its employees and agents for illness, injury, accident, or death during the tours or vacations. Truly Panama is not responsible for expenses or harm caused or losses incurred by travelers who (a) disregard of the instructions of our representative(s), (b) depart from the planned activities of the tour, or (c) follow the instructions of a person other than our representative(s).

Truly Panama will not be responsible for any injury, damage, death, loss, accident or delay due to any act or default of any air, land or water carrier, hotel, restaurant, company or person rendering any of the services, activities or programs included in the tour. Truly Panama will not be responsible for the traveler’s cost of travel in returning home before completion of the tour.

BINDING AGREEMENT

These policies have the force and effect of a binding contract between the wholesaler and Truly Panama, and by proceeding with a reservation and paying a deposit, the wholesaler signifies his/her agreement to be bound by these policies.