Terms and Conditions
Conditions applying to guided birding tours booked in the Republic of Panama.
This is a courtesy translation. The Spanish version of these Terms and Conditions is the only binding version and governs. It is provided in English solely to make it easier to read; in the event of any discrepancy, divergence of interpretation or contradiction between the two, the Spanish text prevails in full.
Contents
- 1. Who provides the service
- 2. Acceptance of these Terms
- 3. Language of the contract
- 4. Nature of the service
- 5. Quotation and price
- 6. Request, booking and confirmation
- 7. Cancellation, rescheduling and refunds
- 8. Weather and field conditions
- 9. Participant obligations
- 10. Health, diet and mobility
- 11. Minors
- 12. Insurance
- 13. Liability
- 14. Force majeure
- 15. Intellectual property and use of images
- 16. Personal data protection
- 17. Complaints and consumer protection
- 18. Changes to these Terms
- 19. Governing law and jurisdiction
- 20. Contact
1. Who provides the service
The service described on this website is provided by Birding in Panama, registered in the Republic of Panama (hereinafter, the "Operator").
Registration with the Panama Tourism Authority: to be confirmed by the Operator.
Contact channels: the form on this website, WhatsApp, the email address info@birdinginpanama.com and the telephone number +507 6676-4464.
2. Acceptance of these Terms
By submitting a contact request or a booking request, or by engaging any of the services offered, you confirm that you have read, understood and accepted these Terms and Conditions and the Privacy Policy, which forms an integral part of them.
If you do not agree with any of these conditions, please do not submit requests through this site and let us know before booking.
3. Language of the contract
The Spanish version of these Terms and Conditions is the binding version. This English translation is informative and has no contractual value.
This is not a preference of ours: it follows from Panamanian consumer protection law. Article 74, paragraph 9, of Law 45 of 2007 (Official Gazette 25914 of November 7, 2007) declares abusive and absolutely void any general condition of an adhesion contract that is "drafted in a language other than Spanish".
The Operator is glad to deal with you in English or Spanish, and this English translation is kept up to date. But the text governing the contractual relationship, and the one a Panamanian court will read, is the Spanish one.
4. Nature of the service
The Operator offers guided day tours for bird watching, led by a local guide, at natural sites in the Republic of Panama. The service is performed PHYSICALLY within Panamanian territory and is consumed at the location of the activity.
Unless the written quotation expressly states otherwise, the contracted service covers only guiding and accompaniment during the day at the agreed site. Transport, protected-area entrance fees, meals, accommodation, optical equipment and any other item are included or excluded strictly as stated in that quotation.
Bird watching depends on wild birds in the wild. The Operator undertakes to conduct the activity with professional diligence at the agreed site and under the agreed conditions, but CANNOT and does not guarantee the sighting of any particular species, nor any given number of species.
5. Quotation and price
This website does NOT publish rates. Each service is quoted individually based on the site, the date, the duration, the number of participants and the items the client asks to include.
The quotation is delivered in writing — by email or WhatsApp — and expressly states the total amount payable, the currency, what is included, what is excluded, and how long the offer remains valid.
The amount stated in the accepted quotation is the amount the Operator will charge. No charges, surcharges or items that do not appear in it will be added afterwards. Any additional item requested later by the client requires a new quotation accepted in writing.
Taxes applicable under Panamanian law are reflected in the quotation and in the corresponding tax receipt.
If the validity period lapses without acceptance, the quotation expires and the Operator may issue a new one on different terms.
6. Request, booking and confirmation
Submitting the form on this website constitutes a REQUEST, not a booking. A request creates no obligation for either party and does not secure availability on the requested date.
A booking exists only when two things have happened: (i) the client accepts the quotation in writing, and (ii) the Operator confirms in writing the date, site, time and meeting point. Until then, availability may change.
Accepted payment methods and any deposit required: [PENDING: payment methods, currency and deposit percentage].
7. Cancellation, rescheduling and refunds
[PENDING: specific cancellation policy]. This section CANNOT be published without the notice periods in days and the refund percentages the Operator decides. What follows describes the agreed structure only; the figures are set by the Operator and reviewed by a licensed Panamanian attorney.
Cancellation by the client: the client may cancel by notifying the Operator in writing. The financial consequences depend on how much notice is given, according to the periods and percentages set out in this section, which are also reproduced in the accepted quotation. [PENDING: notice periods and refund percentages].
Third-party costs already paid: amounts the Operator has irreversibly paid to third parties on the client’s behalf — named entrance tickets, non-refundable accommodation, contracted transport — are handled under [PENDING: rule for non-recoverable third-party costs].
Cancellation or change by the Operator: if the Operator cancels the service for reasons attributable to it, the client may choose between rescheduling on an agreed date or a full refund of amounts paid for the cancelled service.
No-show: if the client does not appear at the confirmed meeting point and time and gives no notice, the service is deemed provided. The guide will wait a reasonable margin at the meeting point before starting the activity.
8. Weather and field conditions
Bird watching takes place outdoors, in a tropical climate and frequently during the rainy season. Rain on its own is NOT grounds for cancellation: it is part of the activity and clients should come prepared for it.
The Operator may suspend, shorten, delay or move the activity to an equivalent alternative site when, in the guide’s professional judgement, circumstances compromise participant safety: electrical storms, rivers or streams in spate, flooding or landslides, closure of the protected area by the competent authority, or blockage of the access road.
In such cases the Operator will offer, in this order of preference: moving the activity to an equivalent site of interest the same day, rescheduling on an agreed date, or refunding the proportional part not provided. The guide’s decision on safety in the field is final during the activity.
Access to protected areas depends on the competent environmental authority and on its opening hours, fees and restrictions, which may change without prior notice to the Operator.
9. Participant obligations
During the activity, the participant undertakes to:
- Arrive on time at the confirmed meeting point. Birding outings usually start before dawn, and a delay irreversibly reduces the sightings of the whole day.
- Follow the guide’s instructions on safety, route and conduct in the field.
- Comply with protected-area rules and on-site signage.
- Not feed, chase, capture or handle wildlife, and not remove plant material.
- Wear footwear and clothing suited to the terrain and climate, and carry water and sun protection.
- Inform the Operator, BEFORE the activity, of any health, mobility or dietary condition that may affect participation or require assistance.
The Operator may exclude from the activity, with no right to a refund, any participant whose conduct endangers their own safety, that of other participants or that of the natural environment, or who repeatedly disregards the guide’s instructions.
10. Health, diet and mobility
The booking form includes a free-text field. If the client chooses to use it to disclose medical conditions, mobility limitations, allergies or dietary requirements, that information is processed in accordance with the Privacy Policy, with the reinforced safeguards Panamanian law requires for sensitive data, and is retained for the shorter period stated there.
Please disclose only what we need in order to look after you safely, and do not include clinical records, detailed diagnoses or third-party data in that field.
The participant confirms being in adequate physical condition for the activity booked. Some sites involve long walks over uneven, wet or sloping terrain. If you are unsure about the physical demands of a particular route, ask us before booking: we can tell you which site suits you best.
11. Minors
Minors may take part when accompanied by and under the responsibility of a parent or legal guardian, who contracts on their behalf and is answerable for their conduct and safety during the activity.
Minimum participation age and specific conditions: [PENDING: minimum age and conditions for minors].
This website is not directed at minors, and the Operator does not knowingly collect personal data of minors through it.
12. Insurance
Operator public liability cover: [PENDING: whether it exists, insurer and policy number, or an express statement that there is none].
Participant travel and medical assistance insurance: [PENDING: whether it is required as a condition of participation or only recommended].
The quoted price does not include travel insurance, medical assistance, evacuation, or cover for the participant’s luggage or optical equipment, unless expressly stated otherwise in the accepted quotation.
13. Liability
The Operator is answerable for the guiding service contracted and provides it with the professional diligence required under Panamanian law. Nothing in these Terms excludes or limits the Operator’s liability for wilful misconduct, gross negligence, harm to life or physical integrity, or any other liability that Panamanian law declares non-waivable.
The Operator is not answerable for:
- The absence of a sighting of any given species, these being wild birds in the wild.
- Decisions by environmental or traffic authorities restricting access to a site.
- Services the client contracts directly with third parties (airlines, hotels, car rental), even where the Operator suggested them.
- Loss, damage or theft of the participant’s personal belongings during the activity, save where the Operator is at fault.
- The consequences of health, mobility or dietary information the client failed to disclose before the activity.
14. Force majeure
Neither party is liable for non-performance caused by force majeure or unforeseeable circumstances: severe natural events, a declared health emergency, an order of authority, closure of protected areas, road closures, prolonged interruption of essential services, civil unrest or armed conflict.
Once such an event occurs, the affected party will notify the other as soon as reasonably possible. The parties will first seek to reschedule on an agreed date; if that is not possible within a reasonable period, what was actually provided will be settled and the balance refunded, less documented non-recoverable costs already paid to third parties.
15. Intellectual property and use of images
The texts, logo, trade name and other content on this website belong to the Operator or are used with the owner’s authorisation, and may not be reproduced or commercially exploited without written consent.
The Operator will not use photographs or video in which a participant is identifiable for promotional purposes without their prior, specific and revocable consent, requested separately from the booking itself. Declining has no effect whatsoever on the service contracted.
16. Personal data protection
Processing of the personal data the client provides through this site is governed by the Privacy Policy, which forms an integral part of these Terms and Conditions and sets out the purposes, the lawful basis, retention periods, the hosting of data in the United States of America, and how to exercise rights of access, rectification, cancellation, objection and portability.
17. Complaints and consumer protection
Any complaint relating to the service may be addressed to the Operator through the channels in section 1. The Operator will seek to resolve it directly and as quickly as possible.
This does not limit the client’s right to approach the Consumer Protection and Competition Defence Authority (ACODECO) or any other body Panamanian law makes available.
18. Changes to these Terms
The Operator may update these Terms and Conditions. The version applying to a booking is the one in force and published on this site on the date the client accepts the quotation, and it is kept together with the booking file.
A later change does not alter the conditions of a service already contracted and confirmed.
19. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of the Republic of Panama.
For any dispute arising from them or from the services contracted, the parties submit to the courts of the Republic of Panama, without prejudice to the administrative powers of ACODECO in consumer protection matters and of the National Authority for Transparency and Access to Information (ANTAI) in personal data protection matters.
20. Contact
For any question about these Terms and Conditions: info@birdinginpanama.com, telephone +507 6676-4464, Republic of Panama.