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TERMS AND CONDITIONS

How to Sign Up for a Trip

To join an INCA trip please telephone INCA at (510) 420-1550 or email info@inca1.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.

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Covered Expenses

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.

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Expenses Not Included

Not included is 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 crew, guides or naturalists (at your discretion), laundry, alcoholic beverages, excess baggage charges, transit tax, Galápagos National Park Fee or other 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. As currencies fluctuate in many countries of the world, INCA reserves the right to raise a trip or charter price at any time before departure if there are exceptional cost increases (such as fuel surcharges) that are beyond our control.

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Payments

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.

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Trust Account

California Law requires certain sellers of travel to have a trust account or bond. INCA has such a trust account.

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Cancellations, Transfers, Refunds

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.

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Cancelled Trips

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.

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Trip Insurance

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 a high quality travel insurance carrier with competitive rates 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.

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Special Diets

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.

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Smoking

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.

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Accommodations & Traveling Alone

Accommodations are based on double occupancy, two persons to a room or cabin. 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.

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Physical Fitness

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.

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Medical

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 sent upon receipt of your reservation deposit and Trip Application.

INCA assumes no liability regarding provision of medical care. Trip members are urged to check their coverage to be sure it is adequate.

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Limitation of Liability of INCA/Inca Floats, Inc.

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 brochure(s), catalogue, website or other literature. The trip application on which your signature appears will further represent your acceptance of the following terms and conditions.

INCA arranges accommodations, transportation, and related travel services and offers same to the passenger only upon the express condition that INCA shall not be liable for any injury, damage, death, delay, mishap, inconvenience, or irregularity occasioned through the negligent or willful failure to act of any person or company which is to or does provide services in conjunction with this tour, including, without limitation, the negligence of INCA. INCA does not own, operate, control, manage, or supervise any supplier of goods or services to the trip, nor does it own any accommodations, transportation, and/or related travel services utilized on this trip. INCA is not responsible for the acts or inactions of third parties to this trip and bears no responsibility for any action or inaction of any such third parties.

INCA is not liable for any damage, loss, death, injury, inconvenience or expense from any such action or inaction including, without limitation, those resulting directly or indirectly from acts of God or force majeure, downgrading of accommodations or hotel problems of any kind, from governmental actions of any kind, weather, sickness or epidemics or the threat thereof, financial difficulties or insolvency of suppliers, contaminated or unwholesome food, strikes or labor disturbances, theft or criminal activity of any kind, terrorism or the threat thereof, lack of availability or access to adequate, competent or appropriate medical care or evacuation services, any of the risks described in page one of this document such as harsh terrain, high altitude, oxygen deprivation, sanitation problems, scuba diving, boating or swimming, dangers incident to the sea, animal riding, dangers incident to wild or domestic animals and dangerous or poisonous fauna or flora, delays incident to or failures of transportation mechanisms to arrive or depart in a timely or safe manner, or from any other cause.

Without limiting the above, INCA is not responsible for any additional expenses or for unforeseen delays resulting from any of the above. INCA is not responsible for additional hotel nights not specified in the individual trip itineraries which may be required en route prior to or following a trip caused by airline scheduling or schedule changes or by individual clients' travel arrangements or by other factors. INCA assumes no responsibility for loss or damage to baggage or personal property.

In no event shall INCA have any liability for incidental or consequential damages, however characterized.

INCA reserves the right to substitute hotels, leaders, guides, naturalists, ships, yachts, vessels, restaurants, and experiences, and to alter the itinerary when deemed necessary or advisable. As currencies fluctuate in many countries of the world, INCA reserves the right to raise a trip or charter price at anytime before departure if there are exceptional cost increases (such as fuel surcharges) that are beyond our control.

Participants are solely responsible for obtaining their own passports, insuring the ongoing validity of same and for obtaining any necessary visas or other necessary travel documents.

INCA reserves the right to decline to accept or retain any person or member on any trip should such person's 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. No refunds will be given in any such circumstances.

INCA reserves the right to take photographic or film records of any of our trips, and may use any such records for promotional and/or commercial purposes.

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California Seller of Travel Program

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

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