Booking Conditions & Disclaimer

BOOKING TERMS AND CONDITIONS of purchasing travel arrangements from Inca Tours.

Exciting Destinations Pty. Ltd. (ABN 28112971838) whose trading name is Inca Tours South America (hereinafter known as "the Company") and licensed by the Government as a travel agent in NSW, Australia (Licence No. 2TA5698) accepts bookings subject to the following conditions:-

1. RESERVATIONS: A deposit of 20% of the tour cost per person, plus a completed booking form in respect to each applicant is required within 7 days of submitting a booking request. When the booking has been confirmed in writing by the company to the applicant (herein after called "the Passenger") the deposit is accepted as a first instalment of the fare and is not refundable. 

2. MINIMUM BOOKING: For bookings with ground arrangements of less than $500, a booking fee of $44 per booking will be charged. This will be added to your booking automatically. For “accommodation only” bookings, this fee must be paid at the time of making the booking request, but in the event of the requested accommodation not being available, it will be fully refunded.

3. PAYMENT OF BALANCE: The balance of the fare must be paid no later than 60 days prior to departure. In the default of payment by this date, the Passenger shall be deemed to have cancelled their tour.

4. PRICES: All prices shown are in Australian dollars. Where exchange rate fluctuations occur of more than 2%, or any other increases in the price of services provided which are beyond the control of the Company, the Company reserves the right to adjust package prices accordingly, up to and including the day of departure, even though full payment may have been made. All tour package prices in this brochure are priced as part of a package and a breakdown of individual component or country costs cannot be given.

5. GST PROVISION: Australian GST does not presently apply to arrangements for travel taken outside of Australia; however the Company reserves the right to charge such a tax in the event that the Australian Government introduces GST on international travel.

6. CREDIT CARD TERMS: To make a payment with Inca Tours by credit card, the following conditions must be met:
  *The credit card holder must be one of the passengers traveling on the booking. 
  *Credit cards cannot be used to purchase air tickets that will be collected outside Australia.
  *The travel/booking agent making payment must have an actual imprint of the credit card or processed the actual credit card through their electronic terminal.
  *This imprint / transaction slip must be signed by the cardholder.
  *Where there is a credit card chargeback arising from a dispute and the agent is unable to prove that these conditions have been met, the travel/booking agent will be liable for the disputed amount.
*Where payment is made by credit card, a fee will be charged on the value of the amount being charged to your credit card and will be added to the amount being paid. Current fees applicable are as follows: MasterCard and Visa Card 1.25%; American Express 3.5%. These additional charges are inclusive of GST.

7. COST EXCLUSIONS: Costs shown do not include airfares, visa and passport costs, travel insurance, vaccination and medical expenses, excess baggage, airport departure taxes, laundry, postage, phone calls, private communication charges, souvenirs, beverages, items of a personal nature, tips and meals unless specifically shown otherwise.

8. AMENDMENTS: Should you wish to alter your arrangements after your booking has been made, you must notify the Company in writing and we will endeavour to meet your wishes. The first amendment will by the Company be free of charge, with subsequent changes incurring an amendment fee of $50 per amendment, in addition to the cost of any extra services requested. Any charges levied by airlines, ground handlers or accommodation providers will be charged to the passenger.

9. DISBURSEMENT OF PAYMENTS: It is a condition of the acceptance of your deposit in respect of these programmes that all monies paid to the Company whether by way of deposit or otherwise in respect of any programme may be disbursed by the Company as and when it sees fit or in respect of the services to be provided or fees payable under the tour program, and the payment of a deposit for the tour shall be deemed to be a direction by you the Passenger to the Company to disburse such monies as aforesaid.

10. CANCELLATION CHARGES: If the Passenger cancels his/her booking, cancellation charges will be charged according to the following scale.

*more than thirty days (60 days for all group departures) prior to departure - forfeit deposit or 10% of the tour cost, whichever is greater.

*thirty days or less (60 days or less for all group tours) prior to departure - no refund.

In special cases where full payment is required at time of confirmation (eg. Carnival in Rio de Janeiro or Galapagos Island cruises) the full payment is deemed to be the deposit and is not refundable.

11. TRAVEL INSURANCE: Passengers MUST effect personal travel insurance, being satisfied that their insurance cover fully meets their personal requirements especially in respect to death, personal injury or illness, in all countries travelled to during the tour and that it extends until their arrival home. This insurance should also cover against cancellation charges. Inca Tours can assist you with this insurance if you wish.

12. DOCUMENTATION: All documentation, including passports, visa, re-entry permits, vaccination certificates etc. are the responsibility of the passenger. However, we will gladly assist you with these matters if you wish.

13. BAGGAGE: Baggage is limited to one suitcase of maximum weight 20kg, an airways type shoulder bag and camera case (as per normal airline regulations).

14. PHOTOGRAPHS: The Company reserves the right, without giving further notice, to make use of any photographs or film produced during a tour for general publicity purposes, without payment or permission.

15. THE COMPANY’S LIABILITY:

(a) The Company is not a carrier or hotelier, nor does it own aircraft, hotels or vehicles. The services that the Company supplies consist of arranging accommodation, tours, flights and transfers. These services are carried out by third parties. However, our extensive experience enables us to select the very best of local service providers. All bookings made with the Company are subject to the terms and conditions and limitations of liability imposed by such third parties, some of which limit or exclude liability in respect to death, personal injury, delay and loss or damage of baggage.

(b) The Passenger hereby agrees that no liability will attach to the Company, its servants or agents or to any other members of the tour in respect of death, personal injury or illness of the Passenger and/or the loss or damage to the property and effects of the Passenger during the course of the tour howsoever caused.  The Company shall not be liable for any damage, losses or additional expenses suffered as a result of cancellation, sickness, repatriation, accident, delay, late completion of tour, mechanical breakdowns, weather, lockout, Act of God or other causes. The Passenger is carried on the tour on the full understanding that for certain countries visited no (or in some cases very limited) passenger liability insurance is available and that he/she therefore travels entirely at his/her own risk. For the purposes of this clause the Company shall be deemed to contract as agents for its servants and its independent contractors as well as on its own behalf.  This clause shall not apply so as to exempt the Company from any liability in respect of which the Company is obliged to by law.

(c)  If the fulfilment of any tour is rendered impossible, illegal, or in the Company's opinion inadvisable, by strike, war, epidemic, governmental interference or any other cause beyond the Company's control, the Company reserves the right at any time to cancel such tour or the remainder thereof, or to modify the itinerary in any way considered necessary or desirable, or to change any reservation and/or means of conveyance, accommodation or other details thereof that it thinks fit. Any such changes will be without allowance or refund but the extra cost, if any, resulting there from, must be paid by the Passenger.

The Passenger shall be bound by any cancellation or alteration made under the provisions of this clause and shall not be entitled to recover any sum paid by him/her unless the whole tour is cancelled before departure date, in which case a full refund will be made. This shall be the full extent of the Company's liability and the passenger should effect personal travel insurance to cover these risks.

16. PASSENGERS' RESPONSIBILITY: Any passenger suffering from any form of physical or mental incapacity must bring this to the notice of the Company when booking. All passengers must also comply with all legislation, visas, immigration, customs, foreign exchange and health regulations of the countries visited.

It is the Passengers' responsibility to familiarise themselves with any/all health, entry/exit visa and other documentation requirements that may be applicable to the areas that are to be visited. Passport, visa and vaccination requirements are not the responsibility of the Company and the Company will not be liable for any loss or expense due to the Passengers' (or their Travel Agents) failure to comply with the above. Any additional costs incurred (whether by the Passengers or by the Company on the Passengers' behalf) as a result of failure to comply with such requirements will be paid for by The Passengers. Should there be any contravention of the laws of any countries through which the tour passes or the Company considers any Passenger an unsuitable person for any tour, it may in its absolute discretion cancel such Passenger's booking or decline to carry such Passenger further without recourse to refund.

The making of a booking constitutes the Passenger's acceptance of all booking terms and conditions as described herein and forms the basis of your contract with the Company.

In the event of a Passenger leaving the tour for any reason, any extra expenses are the Passenger's responsibility and the Company shall not be liable for any refund, either total or partial, of money paid for any unused services. This is also applicable if a passenger misses any service for whatever reason.

17. AUTHORITY: Passengers on the tour will accept the authority and decisions of tour leaders appointed by the Company. 

18. COMPLAINTS: Should the Passenger have a complaint he/she should inform the Company representative during the tour who will do his/her best to help him/her there and then. If the matter cannot be corrected by him/her then the complainant should write to the Company at the head office within 28 days of the completion of the tour, as the Company will not entertain any liability in respect of complaints received outside this period.

19. BROCHURE / WEBSITE USE & VALIDITY: Considerable care has been taken to produce our website, brochures and printed itineraries. To the best of the Company's belief the information and prices contained therein are correct at the time of publication, however the Company accepts no liability for any inaccuracies contained therein. The Company cannot be held responsible for any changes that may occur in itineraries for any reason beyond the Company’s control. The Company will make every effort to ensure that the Website remains available for use on a 24-7 basis, but does not accept responsibility for any downtime. The Company warrants that in the event of such downtime, contact will be available by telephone, email or fax during published office hours. The Company advises that all services booked through this website are supplied subject to the Booking Terms and Conditions of the supplier of the service as well as the Company’s own Booking Terms and Conditions. The Company does not endorse or approve of any material found on the Internet, other than its own website, and shall not be liable for any such material. The Company is not responsible for ensuring that the Website is accurate, or that it is secure and virus free, or for the supply and/or maintenance of any IT equipment and/or software.

20. AIRLINE DISCLAIMER: The sole responsibility of any airline used on any tour from this website or brochure is set out on the contract of passage attached to the airline ticket. Any airline used does not by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a holiday from the Company or as having any other legal relationship with any such purchaser.

21. ACCEPTANCE: Receipt of a deposit will be taken as an understanding by the Company that the Passenger has read and agrees to abide by these Terms and Conditions.

22. CONTRACT: This contract is subject to the law of New South Wales, and is to be interpreted under it in a New South Wales Court of Law.

23. SERVANTS AND AGENTS: No servant or agent of the Company has authority to vary these conditions and no representative, tour leader or other employee or agent of the Company is authorised to commit the Company to any liability whatsoever and the Company will not be bound by any statement or representative unless it is in writing and signed by an executive of the Company.