TERMS AND CONDITIONS
To join an INCA trip please telephone INCA at (510) 420-1550 or email email@example.com, to secure a "7-DAY HOLD" for the required number of spaces on the departure of your choice. Within 7 days you must pay your nonrefundable deposit(s) (see Payment Schedule). Space will be held for only 7 days. If you have a current trip application, please complete, initial and sign it and include it with your deposit(s). If you do not have a current trip application or need additional applications, please request them to be sent to you immediately. On receipt of your deposit(s) and completed Trip Application(s), INCA will send you a detailed Trip Handbook, statements, and sample itinerary.
NOTE: Your trip reservation is considered confirmed only when we receive your completed, signed, and unaltered trip application.
Do not delay completion of a trip application while waiting for your passport renewal as missing passport numbers can be supplied at a later date.
Land cost includes hotels (double occupancy), land, yacht, ship and vessel transportation, yacht or ship accommodation (double occupancy), and transfers as specified in the itinerary; tips for hotel services; baggage handling, and storage at trip hotels; all guides, naturalists, tours, fees to museums and archeological sites, and sightseeing arrangements as specified. All yacht and ship meals are included, as are meals indicated on the trip itinerary. Reservations are accepted for charters and for individual travelers on INCA's inclusive itineraries. No price reduction will be granted for any requested itinerary deviations, changes or omissions.
Not included are any airfare, transfers to any hotel not specified in the itinerary, any extra services or any deviations from the trip itinerary, tips for the yacht or ship crew, guides or naturalists (at your discretion), laundry, alcoholic beverages, excess baggage charges, transit tax, Galápagos National Park Fee or items of a personal nature. Price also excludes any insurance coverage for trip cancellation/interruption, travel accident, travel delay, baggage delay or baggage theft (we recommend you obtain coverage for these items), medical, or hospitalization expenses. Currencies fluctuate in many countries of the world: In cases where INCA issues air tickets from or to the United States in conjunction with your trip, INCA reserves the right to raise a trip or charter price at any time before final payment if there are cost increases (such as fuel surcharges) that are beyond our control, and, in the case of increased governmental taxes, at any time prior to departure. In cases where INCA does not issue air tickets from or to the United States it reserves the right to increase the price for such reasons at any time up to the departure of the trip.
To confirm space send your nonrefundable but transferable deposit for each person in the amount based on your trip's price as shown in the Deposit and Payment Schedule.
Only the nonrefundable deposit may be paid by credit card. Balance must be paid by check, money order, or wire transfer.
150 days prior to departure an additional 1st Payment, in the amount based on your trip's price as indicated in the Deposit and Payment Schedule, is due.
Final balance is due 90 days prior to departure.
The above deposit and payment schedule does not apply to private charter trips. Private charter trips have the deposit and payment schedule stated in the charter contract.
If trip payments are not paid when due, INCA reserves the right to treat the reservation(s) as cancelled and to accept new reservation(s) for the space(s). Cancellation fee schedules will apply.
California Law requires certain sellers of travel to have a trust account or bond. INCA has such a trust account.
The deposit is nonrefundable. However, if we receive written notification canceling your reservation at least 180 days prior to your planned departure, a one-time transfer of this deposit (less a $200 per person processing fee) may be made to another date or to another person for any INCA trip that will depart anytime within one year from the original departure date.
A transfer to another trip or departure date with less than 180 days notice before departure is considered a cancellation and rebooking of a reservation; thus all payments to date will be subject to the cancellation penalties below.
If we are notified in writing of cancellation of your reservation more than 150 days but less than 180 days prior to your trip departure, the deposit will be forfeited. After that time all payments will be refunded less the following cancellation fees computed as of the date of our actual receipt of written cancellation notice:
The above terms do not apply to private charter trips. Private charter trips have the cancellation terms stated in the charter contract.
Once a trip has started there will be no refunds for any unused portion of the trip. This includes any pre-trip or post-trip arrangements, transfers, meals, tours, hotels and any "no shows" due to delay or failure of transportation to arrive or depart on time. Insurance coverage for such risks may be purchased.
We reserve the right to raise the trip fee at any time before departure if there are cost increases beyond our control.
Although INCA almost never cancels trips, we reserve the right to cancel any trip prior to departure for any reason whatsoever, including too few participants or logistical problems such as strikes, wars, acts of God, or any other circumstances which may make operation of the trip inadvisable. All trip payments and nonrefundable deposits which were received will be promptly refunded. This refund will be the limit of INCA's liability. INCA is not responsible for any expenses or damages incurred by trip members as a consequence of any cancellation, such as costs expended in preparing for the trip (including non-refundable or penalty-carrying airline tickets), special clothing, visa or passport fees, lost income, or any other trip-related losses or expenses.
To cover your investment in your trip, INCA strongly recommends you purchase trip cancellation insurance coverage that would reimburse you for pre-departure trip cancellation fees or post-departure trip interruption (limited to the amount of coverage you purchased) losses, lost baggage or travel documents, delayed luggage, for reasonable accommodation and travel expenses if your trip is delayed, accidental death or dismemberment, and coverage for emergency medical expenses including emergency medical evacuation.
Coverage that includes a pre-existing medical condition exclusion waiver, trip cancelation or trip interruption due to financial default of an airline, cruise line, or tour operator may be included provided you purchase travel insurance within 15 days of the date on which INCA received your trip deposit.
INCA has selected what it believes to be a high quality travel insurance carrier for our guests. For details and enrollment, contact INCA or see the travel insurance brochure from the INCA office.
Note: Medicare does not provide coverage outside of the United States.
If we receive at least 45 days' notice, we can usually accommodate special dietary requests. For vegetarians there are usually plenty of fresh vegetables, rice, potatoes, fruit, and juices. You may wish to bring your favorite snacks if you are on a restrictive diet.
No smoking is allowed in yachts, ships, boats, buses, vans, automobiles or during any group dining. Smoking is permitted only outside on deck on our chartered yachts. If you are a smoker and we cannot pair you with a suitable other smoker, we must charge you an additional fee for a single hotel room as nonsmokers prefer not to share hotel accommodations with smokers.
Accommodations are based on double occupancy, two persons to a room or stateroom. Most single travelers are easily paired with a trip member of the same sex. However, if there is no appropriate member with whom you may share, you may have to pay a single supplement for the trip or for single hotel accommodations to cover our additional costs.
These trips may be taken by anyone in good physical condition. Even an easy trip is more enjoyable if you are fit. As you will have to go up and down stairways, walk over irregular terrain, and get on and off the yacht from a small skiff, you are encouraged to get in shape by exercising regularly. Some itineraries require walking or hiking over mountainous terrain on challenging trails, sometimes at high altitude. Running, hiking, swimming, bicycling, and aerobics are all good conditioners. Please call us if you have any questions about your ability to do a particular trip. Once a trip has started and it is necessary for you to leave the trip because it is beyond your physical abilities, please note that there will be no refunds for any unused portion of the trip.
You must be in generally good health. It is vital that persons with medical problems and related dietary restrictions make them known to us well before departure. Our staff will discuss with you the advisability of the particular trip you have selected. The trip leader has the right to disqualify any member from the group at any time if considered medically necessary to avoid endangering the welfare of the group. Refunds are not given under such circumstances.
INCA is not a medical facility and has no expertise or responsibility regarding which medications or inoculations you and your private physician should decide necessary for your safe participation on the trip. A list of commonly taken inoculations and immunizations by travelers to the destination of your trip will be in the Traveler's Guide that will be sent upon receipt of your reservation deposit and Trip Application. INCA urges you to review the CDC website (www.cdc.gov) before booking and before starting your trip.
INCA assumes no liability regarding provision of medical care. Trip members are urged to check their coverage to be sure it is adequate.
This section defines our responsibility with respect to all of our trips. Please read it carefully. Payment of your reservation deposit(s) represents your acceptance of all terms and conditions outlined anywhere within this website or other literature. The trip application on which your signature appears will further represent your acceptance of the following terms and conditions.
Inca Floats, Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, successors and assigns, (collectively, "INCA"), does not own or operate any entity which provides or is to provide goods or services for your trip including, for example, lodging facilities, yacht or other transportation companies, food service or entertainment providers, equipment suppliers, naturalist or other guides, etc. As a result, INCA is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
Without limitation INCA is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, or breach of contract of any third party such as an airline, ship, train, hotel, restaurant or food supplier, bus, taxi, van, safari or vessel operator, local outfitter or guide, whether or not it uses the INCA name, which is, to, or does supply any goods or services for this trip. INCA is not responsible for any loss, injury, death, inconvenience or expense due to delay or changes in schedule, overbooking or downgrading of accommodations or hotel or yacht problems of any kind, lost or misplaced luggage, insolvency, or default of any third party, attacks by or diseases from animals, pests or insects, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes or labor disturbances, acts of God or government, acts of terrorism or the threat thereof, force majeure, war, quarantine, epidemics or the threat thereof, criminal activity, or any other cause beyond its control. In addition, you agree to hold INCA harmless from its own negligence.
You are aware that you are taking an expedition, mountain trip, rafting adventure, cruise, tour or other trip, in which they will be exposed to various risks and dangers for which you assume all risk. These risks include, but are not limited to, disease or illness, sickness or quarantine, epidemics or the threat thereof, the hazards of traveling in remote parts of countries without easy or any access to adequate, competent or appropriate medical care or evacuation services in the event of an emergency; harsh terrain such as deserts, unpredictable sea or river conditions, mountainous terrain, high altitude, lack of oxygen, lack of sanitation equipment, dangers incident to the sea or bodies of water such as submerged obstacles, marine life, etc., inherent risks of swimming, snorkeling or scuba diving; attacks or bites from or dangers incident to domestic or wild animals, pests or insects; dangerous or poisonous fauna or flora; delays incident to failures of transportation mechanisms to arrive or depart timely or safely including travel by aircraft, balloon, ship, yacht, boat, barge, panga, Zodiac, skiff, raft, canoe, kayak, train, motor coach, automobile, van, bicycle, ski lift, horseback, ponyback, muleback or on any other animal or via other means of conveyance; forces of nature, criminal activity of any kind, terrorism or the threat thereof, acts of God, dangers incident to travel on or with animals such as muleback, ponyback, camelback, elephantback as well as all other risks detailed in these Terms and Conditions.
You are voluntarily participating in these activities with knowledge of the dangers involved and agree to accept any and all risks including loss of property, injury and death.
You agree you will not make a claim against INCA for bodily injury, emotional trauma, death and/or property damage resulting from negligent or other acts or inactions, however caused by third parties or by negligent acts or omissions of INCA. You release and discharge INCA from all claims, actions and demands of any nature whatsoever (including claims for bodily injury, death, or property damage, inconvenience or any incidental or consequential damages) arising from your participation in the trip or expedition.
INCA reserves the right to refuse as a trip participant, or to remove, at his or her own expense and without any refund, from a trip, any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or any person whose actions or general deportment impede the operation of the trip, create a safety problem or impact the rights, welfare or enjoyment of other members of the trip. You agree to follow all written and verbal rules of safety or otherwise presented to you by INCA or the trip leaders. INCA reserves the right to make route, hotel, guide, vessel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.
Binding Arbitration: You agree that any dispute concerning, relating or referring to this contract, website, the catalogue or other literature concerning your trip or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the then existing commercial rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive California law excluding any application or consideration of California procedural law or of the California Arbitration Act. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
INCA reserves the right to take photographic or film records of any of its trips. You agree that INCA may use any such photographic or film records for promotional and/ or commercial purposes, as well as approve such use by third parties with whom INCA may engage in joint marketing, without any remuneration to you. You assign all right, title, and interest you may have in or to any and all media in which your name or likeness might be used to INCA.
Please be advised that California has established a Travel Consumer Restitution Fund under the California Seller of Travel Law which took effect January 1, 1996. This fund is designed to protect consumers from unscrupulous practices by discount airfare ticket sellers or air charter operators. Unfortunately, this law does not cover non-California residents and, even in the case of California residents, it does not cover any foreign travel where the foreign "providers of transportation or travel services" are not in compliance with the Seller of Travel Law (compliance being defined as registered as a Seller of Travel in California and a participant in the Travel Consumer Restitution Fund). Thus, none of INCAs tours qualify and the law requires all tour operators to advise each of their clients that they would not be eligible to make any claim from the fund in the unlikely event of any default by INCA or any of our foreign suppliers.
California Seller of Travel #1013564-60
INCA—International Nature & Cultural Adventures