Terms & Conditions

All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. Your contract is with Inkayni Peru Tours, registered in Cusco, Peru. The following conditions will apply to your booking and form part of your contract. You accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A contract will exist when we accept your booking and issue our confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. The person or people named on the booking are hereafter referred to as the “Client”.

All bookings are made with the Company, which sells the tours described on the website. An Independent Trip is defined as booking anything included in the Independent and Custom Made Tour. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement.

The contract and all matters arising from it shall be governed by Peruvian law and be subject to the exclusive jurisdiction of the Peruvian courts. All correspondence will be sent to the lead passenger of the booking unless otherwise advised. You must be over 18 to book a Inkayni Peru Tour holiday. Inkayni Peru tours holidays are not for resale.

Cancellations for Deals

No cancellations once booking has been made and confirmed.

Airline, rail and ferry tickets are non-refundable and non-transferable and name changes are not allowed.

We are not responsible for the impact that an airline schedule change may have on your vacation. We therefore strongly recommend you purchase travel insurance.

Seat selection functionality in travel agency systems is restricted by airlines. We will attempt, but cannot guarantee, adjoining seats. Some airlines only allow seat selection upon check-in.

Deposit Amounts:

-All packages (Peru and mystical packages) 50% of total amount.

-Inca Trail

-Alternative Treks:

Our forms of payment are:

THE DEPOSIT IS NON-REFUNDABLE. ON MAKING A RESERVATION, REGARDLESS OF RESERVATION METHOD, INKAYNI PERU TOURS ASSUMES THAT THE CLIENT HAS READ THE TERMS AND CONDITIONS.

2. The reservation order becomes final on the date that Inkayni Peru Tours receives the client’s deposit. Upon receipt of the deposit, a compulsory contract is in place between the client and that Inkayni Peru Tours.

3. All people named on the reservation order are committed to the contract with that Inkayni Peru Tours. The person who signs the contract is regarded as having the permission of all persons whose names are on the reservation order and verifies that all these persons are fully aware and accept the Terms and Conditions that Inkayni Peru Tours.

We require a non-refundable deposit (as mentioned above) along with your personal details (full name, passport number, gender, nationality and date of birth) at the point of making the reservation.

Payment of Final Balance:

FOR TREKS

Final balances for treks must be paid in cash (US$ or Peruvian Soles) in our office in Cusco at least 48 hours before your trek. If your arrival in Cusco has been delayed, you are responsible for informing our agents either by email or phone.

If we do not receive final payment before the deadline and do not receive any message due to a delay, we reserve the right to cancel the reservation and travel plans.

NOTE: The client must assume ALL transaction fees or taxes.

FOR DAY TOURS

Final balances for tours must be paid in cash (US$ or Peruvian Soles) in our office in Cusco at least 48 hours before the start of your tour.

You have the option to make ALL payments via Paypal, Visa or Western Union

NOTE: The client must assume ALL transaction fees or taxes.

FOR PACKAGES AND MULTI DAY TOURS

50% of your total balance must be paid at least 03 weeks prior to the starting date. (This may be paid via Paypal, Visa or Western Union.

NOTE: The client must assume ALL transaction fees or taxes.

Changes Made by Client:

The person who signs the reservation order is the only person that can make changes to the Tour/Trek/Trip/Rental/Service. A $35 change of order fee is charged to make any changes. Though all efforts will be made to make the changes requested, they are not guaranteed and there may be additional costs in relation to these changes.

PLEASE NOTE THAT, FOR THE INCA TRAIL, PERMITS ARE NON-TRANSFERABLE, NON-REFUNDABLE, AND DATES CAN’T BE CHANGED.

Changes and Cancellations by Inkayni Peru Tours:

We always make our best efforts to carry out tours / services according to the original schedules as listed in the reservation order. However, by entering into this agreement with Inkayni Peru Tours, the client accepts that necessary changes may need to be made to a Tour/Trek/Trip/Rental/Service due to predominant conditions (see ‘Force Majeure’ section above).

Inkayni Peru Tours reserves the right to change or cancel any facilities, services and substitute a reasonable alternative of comparable value.
In the event of a major change, the client will be notified as soon as possible. The client will have options with regards to accepting the change.

Very Important (1):

We strongly suggest spending time at high altitude (above 3000 meters / 9842 feet – in Cusco or another high altitude area) for a minimum of 3 to 4 days before undertaking your trip. This is in order to minimize the possible effects of altitude sickness. Also, you can help your body acclimatize by drinking plenty of liquids, adding a bit more sugar to your drinks, eating food rich in carbohydrates, avoiding cigarettes and alcohol, and drinking coca (ancient traditional leaf) tea. Diamox can also be helpful – please ask your doctor about this.

Very Important (2):

We recommend you arrive in Cusco 48 hours or more before trek departure because occasionally we need to leave earlier than scheduled in case of strikes or other events out of our control (see ‘Force Majeure’ section above).

Flights and Airlines:

We have no control over international or national carriers, and schedules may change or flights are delayed due to no fault of our own. We will do all we can to ensure the smooth flow of all your transport connections, but it is your responsibility to check exact times of flights and reconfirm these. Flights can be rearranged at short notice. Inkayni Peru tours accepts no responsibility for the consequences of flights missed due to the client’s failure to reconfirm.

Flying to Latin America involves long flights and may require changes in other airports. It is your responsibility to arrive at the departure airport at the appropriate time (2 to 3 hours for international flights and 2 to 1 hours for internal flights in Peru)

Any replacement air arrangements and airfare will be the sole responsibility of the passenger.

Trains

Train tickets are non-refundable. train tickets will typically be reserved for departures between morning and afternoons, subject to availability. For passengers traveling independently, requests for alternative times will be considered but are strictly subject to availability. Passengers traveling with a group may not request alternative train times. Once issued, rail tickets are valid for the dates and times specified. Some exchanges must be done locally at the station due to fare restrictions. Changes may be subject to local charges, fees, and fare increases.

We don’t control seat assignments which are entirely at the discretion of the rail companies. Once rail tickets are issued they are fully non-refundable and non-changeable.

Acceptance of Risk

The Clients acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:

I understand traveling with Inkayni Peru tours may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers.

I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday.

I have read and understood the Inkayni Peru Tours Trip Details for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to Inkayni Peru tours representatives.

I accept these risks and obligations and I fully assume the risks of travel.

INCA TRAIL 4 DAY TREK BOOKING TERMS & CONDITIONS

1. Cancellation of Trek by the Client

Please note that the trek deposit is non-refundable. The deposit is used to reserve space within the group. Once we have made a trek reservation with the government authorities we cannot then change any details of the reservation (your name, passport number or departure date). If you have to cancel your trek booking government authorities will not let us fill your cancelled spaces with other clients, we just have to depart with a smaller less-economic group. The trek permit once purchased is non-refundable & non-transferable.

(i) Trek cancellation prior to 7pm two days prior to trek departure (after having paid the trek deposit): Loss of trek deposit. All other payments will be refunded in full. Note that if the trek balance is not received prior to 7pm two days before trek departure then the trek will be deemed to have been cancelled and the deposit cannot be returned. Once we have bought the trek permits it should be noted that we cannot then substitute other trekkers in your place if you have to cancel. The Inca Trail trek permit, bus ticket and train ticket will not be returned.
[Please note that the trek permit is non-refundable and non-transferable either to another person or another date and upon cancellation we do not receive any form of credit from the government. Upon cancellation the trek permit has to be submitted to government at the start of the trek and recorded as “Void”. It cannot be used to enter Machu Picchu.]

(ii) Trek cancellation between 7pm two days before trek departure and prior to entering the check point at the start of the Inca Trail (i.e. once you have paid for the trek in full and before your trek permit is validated at the start of the trek): Only the train ticket from Aguas Calientes to Ollantaytambo and the bus ticket from Machu Picchu down to Aguas Calientes will be returned to you. If you have hired the services of a porter we cannot refund your payment and the porter will continue on the Inca Trail as originally contracted to do so. If you have hired a sleeping bag and it has not been used we will refund this amount in full.
[Please note that the trek permit is non-refundable and non-transferable either to another person or another date and upon cancellation we do not receive any form of credit from the government. Upon cancellation the trek permit has to be submitted to government at the start of the trek and recorded as “Void”. It cannot be used to enter Machu Picchu]

iii) Once you have started the Inca Trail (and passed through the check point at the start of the Inca Trail) we can only return your unused train ticket from Aguas Calientes to Ollantaytambo and your bus ticket from Machu Picchu down to Aguas Calientes. We cannot make any cash refunds. Failure to be able to continue with the trek will be treated as a cancellation. If you are unable to continue the trek for any reason we will arrange to have you accompanied back to your hotel in Cusco (costs of additional nights accommodation to be met by yourselves). Usually you will be accompanied by either our main guide or assistant guide (for groups of 8 or more) but depending on the situation you may have to be accompanied by another member of the trekking group such as a porter or guide from another company. Any costs associated with returning to Cusco must be met by yourselves (i.e. taxi fare approx US$50 or public transport much cheaper, medical expenses etc..). If you feel that you are well enough to continue to Aguas Calientes and want to try to join the group at Machu Picchu then any costs associated with you and any person accompanying you to Aguas Calientes & Machu Picchu must be met by yourselves. These costs include all transport and accommodation costs (for you, the guide and any friends accompanying you) and any medical expenses (thankfully this is a very rare event). Additional costs may include overnight accommodation in Ollantaytambo, the train from Ollantaytambo to Aguas Calientes, up to 2 nights accommodation in Aguas Calientes, bus from Aguas Calientes to Machu Picchu and meals. (the guide can stay in basic budget accommodation so an estimate of additional guide costs would be around US$150 to be paid directly to the guide). Since your trek permit was already activated at the start of the trek it should be valid for you to use to enter Machu Picchu on the planned date to join the group and continue your tour. If for any reason the trek permit is not valid then you will have to pay a re-entrance fee to Machu Picchu.

In the event of any trek cancellation or additional unforeseen costs Inkayni Peru Tours will be happy to cooperate in providing any necessary documentation to enable a legitimate insurance claim. It is a requirement that all clients have suitable travel insurance and Inkayni Peru Tours cannot be responsible for any additional costs due to client cancellation, illness, unfitness or inability to continue the trek.

2. Cancellation of the Trek by Inkayni Peru Tours

It should be noted Inkayni Peru Tours, responsible tour operator with an excellent reputation for quality and service. We have no intention of cancelling any of our clients trek reservations.

(i) Cancellation of Trek due to failure to purchase your Inca Trail trek permit: If in the event that Inkayni Peru Tours has to cancel your trek due to failure or inability to purchase your trek permit we will notify you by email as soon as we become aware of such matters. We may offer you an alternative trek departure date. If an alternative date is not acceptable to you we will hold your trek deposit payment for your collection in our office in Cusco less any PayPal/bank charges associated with receiving your deposit. If you are unable to come to the office to collect your deposit we will return it to you by PayPal less the transfer charges related with receiving and sending it to you. (In some circumstances PayPal may not charge any fees for refunds made within 60 days)
(ii) Cancellation of Trek due to matters outside of the control of Inkayni Peru Tours (Force Majeure). See section 7 below. If in the event that Inkayni Peru Tours has to cancel your trek due to Force Majeure Peru Treks will do its best to offer an alternative 4 day trek in place of the Inca Trail to Machu Picchu. We will obviously try to include a visit to Machu Picchu as part of any alternative trek itinerary but depending on the circumstances this may not always be possible (i.e. if Machu Picchu is closed or routes to and/or from Machu Picchu are not passable). Participation in an alternative trek of our choosing will be mandatory and, although the opinions of the group will be taken into account, the final decision as to the route will be made by Inkayni Peru Tours. Non participation in the alternative trek will be treated as a trek cancellation on behalf of the client. If Inkayni Peru Tours is unable to offer an alternative trek (i.e. a strike or road block prevents the group from leaving Cusco) then we will refund only the proportion of the cost of the trek that has not already been spent or committed to operating the trek. The amount spent or committed to operating the trek could include, but not limited to, entrances fees, train tickets, guide and porter wages, contracted buses, perishable goods, office overheads, PayPal/bank charges etc We will aim to make any such refunds within 60 days of the planned trek departure date. You will have to reclaim the remaining proportion from your travel insurance. Unfortunately the trek deposit and trek balance (if paid) will not be refunded to clients if the trek is cancelled due to Force Majeure and / or the client decides not to participate in an alternative trek although Peru Treks will provide clients with suitable documentation so that clients can claim a refund from their insurance companies.

3. Authority on Tour

At all times the decision of the company’s guide or representative will be final on all matters likely to endanger the safety and well being of the tour group. The client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of Peru. Should the client fail to comply with the above, or should the client interfere with the well being of the group then the guide or company representative may order the client to leave the tour without recourse to any refund.

4. Travel Documents

The client must be in possession of a valid passport and all visas required for the whole of the journey and the client accepts responsibility for obtaining the same. Any information or advice given by the company on visas, vaccinations, climate, clothing, baggage, special equipment, etc is given in good faith but without responsibility on the part of the company.
We will buy your Inca Trail trek permit using the passport numbers that you send us with your trek booking application. You must bring these same passports with you to Cusco and take them on the Inca Trail. If the number in your passport is different from the number on the trek permit, the government authorities will not allow you to start the trek and you will not be entitled to a refund.

If a client is claiming a student discount then they must bring a valid International Student Identity Card (ISIC) on the trek. The card will be checked at the start of the trek by government workers and failure to provide a valid card will prevent entry to the Inca Trail and no refund offered. Clients will not be offered the opportunity to pay the difference between a student and standard trek permit as government regulations prohibit this.

Failure to bring the required travel documents will be treated as a cancellation of the trek by the client (see section 1 above). Government regulations do not offer the option of buying a new trek permit using a new passport number even at full price.

5. Factors Outside the Company’s Control (force majeure)

The company will do its best to minimize the effects of matters outside its control, but cannot accept any liability or additional associated costs, either directly or indirectly, for these matters which include political disputes, industrial action, unforeseeable climate, road blocks, landslides on the Inca Trail, problems with the railway between Aguas Calientes and Cusco, delayed trains, changes to minimum wages etc. In order to avoid strike action which has been planned on certain days the group may have to depart for the Inca Trail in the evening before the planned trek departure date. Inkayni Peru Tours will not be responsible for any costs associated with unused or partly used accommodation services due to this earlier than planned departure. Failure to agree to depart at this earlier time will be considered a trek cancellation by the client. If all or part of the Inca Trail or Machu Picchu is closed due to Force Majeure then Peru Treks will do its best to provide an alternative trek itinerary which may or may not include a visit to Machu Picchu. Unfortunately the trek deposit and balance (if paid) will not be refunded to clients if the trek is cancelled due to Force Majeure and / or the client decides not to participate in an alternative trek although Inkayni Peru Tours will provide clients with suitable documentation so that clients can claim a refund from their insurance companies.

6. Insurance

It is the client’s responsibility for obtaining sufficient personal travel insurance. The client is willing to accept full responsibility for insurance up to limits that the client may require. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury delay or inconvenience occurring to the client. It is compulsory that all clients have personal travel insurance. When obtaining travel insurance the client must ensure that the insurer is aware of the type of travel to be undertaken.

7. Responsibility

The Company shall not be liable for any damage or loss if the failure to carry out the contract is: 1) attributable to the client 2) attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable 3) due to unforeseen and unusual circumstances beyond the company’s control, the consequences of which could not have been avoided even if all due care had to be exercised. 4) due to political disputes, industrial action, climate or other matters of a similar nature and any other force majeure. 5) due to an event which the company, even with all due care could not foresee or forestall. Any liability is limited to the full price paid for the tour. In all cases the company specifically excludes all liability for indirect or consequential loss or expense, including loss of profits.

8. Claims and Complaints

If a client has a complaint against the company the client must first inform the trek guide or company representative while on the tour in order that the guide/representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 7 days of the end of the tour.

9. Local Conditions

Due to political and cultural differences, as well as generally tougher physical conditions, travel to the areas we visit involves risks other than those we take in our daily lives. It is important clients make themselves aware of the risks involved, and are responsible for making their travel plans accordingly.

10. Inkayni Peru Tours

At all times your contract will be with Inkayni Peru Tours.

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