1. DEFINITIONS & LEGAL ENTITY DISCLOSURE

🔹 THE AGENCY & DIGITAL PLATFORM: www.caminoincatrail.com is a specialized commercial brand and digital platform owned, managed, and operated directly by DASPE TRAVEL E.I.R.L. (Tax ID / RUC: 20601588219), an officially licensed local tour operator registered with MINCETUR and headquartered in Cusco, Peru.

🔹 THE CUSTOMER: Any individual, lead booker, or organization purchasing or reserving a tour. In the case of minors, parents or legal guardians assume full legal and financial responsibility.

🔹 THE SERVICE: Logistical, administrative, and operational organization of trekking expeditions, private/group tours, mountain transportation, camping gear, meals, licensed guide services, and government entrance permits detailed in the official itinerary.

🔹 TACIT ACCEPTANCE: Making a booking deposit payment (50% or full amount) constitutes immediate, total, and irrevocable acceptance of these Terms and Conditions, acting as a legally binding electronic agreement.

2. BOOKING, PAYMENTS & CURRENCY REGULATION

🔹 50% Non-Refundable Booking Deposit: To secure and guarantee any trek or tour reservation, THE AGENCY must receive an advance deposit of 50% of the total package cost.

🔹 Non-Refundable & Non-Transferable Nature: THE CUSTOMER acknowledges and agrees that the 50% deposit is 100% NON-REFUNDABLE and NON-TRANSFERABLE under any circumstances. This payment is immediately executed for administrative logistics and the purchase of non-refundable government assets issued strictly in the passenger’s name (including Inca Trail permits, Machu Picchu circuit passes, and train vouchers), which per Peruvian law cannot be refunded or transferred.

🔹 Outstanding Balance (Remaining 50%): The remaining balance must be paid at least 48 hours prior to departure for electronic transactions to clear, or in cash (USD or PEN) during the mandatory pre-trek briefing in Cusco.

🔹 Failure to Pay: If the remaining balance is not verified within the established 48-hour deadline, THE AGENCY reserves the right to cancel the booking due to breach of contract, and the initial deposit will be forfeited without right to refund.

🔹 Payment Transaction Fees: All processing fees associated with payment channels (Credit Cards, PayPal, Stripe, Bank Transfers) must be fully assumed by THE CUSTOMER.

🔹 Currency Fluctuation Protection (USD / PEN): Quotations are calculated in US Dollars (USD) based on operational costs in Peruvian Soles (PEN). Since local expenses (porters, cooks, mountain transport, local market supplies) are paid in PEN, if the USD exchange rate against PEN devalues by more than 3% between the booking date and the final balance payment date, THE AGENCY reserves the right to adjust the remaining balance proportionally to maintain economic equilibrium. THE AGENCY will provide mathematical justification.

3. CANCELLATION POLICY & “ASSET DELIVERY” SOLUTION

🔹 Cancellation by Customer: If THE CUSTOMER cancels a confirmed reservation after paying 100% of the tour price, NO CASH REFUNDS WILL BE ISSUED.

🔹 Legal “Asset Delivery” Solution: In lieu of cash refunds, THE AGENCY will fulfill its legal contractual duty by delivering to THE CUSTOMER all issued physical or digital entrance passes, train tickets, and government vouchers issued in the passenger’s name that correspond to the confirmed booking.

🔹 Operational Release: Upon delivery of these personal assets, THE AGENCY is completely released from all operational responsibilities (including private guide services, mountain transportation, chef services, and camping equipment), which are non-refundable as operational logistics have already been allocated and accrued.

🔹 No-Show: Failure to arrive at the designated meeting point, no-show, or lack of original physical documents (original passport or original student card) results in 100% loss of service value without entitlement to refund or date change.

4. FORCE MAJEURE & CONTINGENCY PROTOCOLS

🔹 Definition of Force Majeure: Events beyond reasonable human control, including natural disasters (landslides, earthquakes, floods, extreme weather), strikes, civil protests, road or rail blockades, airport closures, or government-mandated closures of archaeological sites.

🔹 Contingency Management: If government authorities or railway operators issue official date change authorizations due to Force Majeure, THE AGENCY will facilitate rescheduling subject to third-party availability and administrative fees.

🔹 Limitation of Liability: If authorities do not authorize date changes or refunds, THE AGENCY is not obligated to supply new tickets. THE CUSTOMER must cover the purchase of new permits if they wish to reschedule.

🔹 Extra Costs: THE AGENCY does not cover additional accommodation, emergency transport, or flight penalties resulting from Force Majeure delays.

5. INCA TRAIL PERMITS, PASSPORTS & STUDENT DISCOUNTS

🔹 Strict Government Quotas: Classic Inca Trail permits (500 daily quota) and Machu Picchu permits are strictly controlled by SERNANP and the Ministry of Culture. Bookings are only confirmed upon official ticket issuance.

🔹 Passport Matching Requirement: The passport number provided during booking must match the physical original passport presented at government checkpoints (Km 82, Machu Picchu gates). If THE CUSTOMER renews their passport before traveling, they must bring both original physical passports (old and new) or pay the mandatory government fee to update records at least 10 days before departure.

🔹 Student Discount Requirements: Student discounts apply strictly to undergraduate students under 25 holding a valid physical University ID card showing a clear expiration date. A digital copy must be sent at booking, and the original physical card must be presented at checkpoints. Without the physical card, permits will be forfeited without liability to THE AGENCY.

6. PHYSICAL CONDITION, ACCLIMATIZATION & GUIDE AUTHORITY

🔹 Mandatory High-Altitude Acclimatization: High-altitude treks reach elevations over 4,200m (13,779 ft). THE CUSTOMER is strongly advised to arrive in Cusco 48 to 72 hours prior to trek departure for proper acclimatization. THE AGENCY is not liable for altitude sickness (soroche) or medical complications.

🔹 Guide Authority: THE AGENCY’s certified lead guides reserve the right to remove any participant from a trek whose physical condition, health, or inappropriate conduct endangers themselves or the group. In such cases, no refund will be issued.

7. EQUIPMENT, PORTER WEIGHT LIMITS & LUGGAGE

🔹 Personal Belongings: THE CUSTOMER is solely responsible for personal items and high-value electronics (cameras, phones, drones) throughout the tour. THE AGENCY assumes no liability for lost, stolen, or damaged items.

🔹 Porter Duffel Weight Limit: On camping treks, porters or mules carry duffel bags up to a strict weight limit (typically 6kg to 7kg per trekker, including sleeping bag). Excess weight will not be accepted due to porter welfare laws.

8. TRAVEL INSURANCE & MEDICAL EMERGENCIES

🔹 Mandatory Insurance: THE CUSTOMER is strongly urged to purchase comprehensive travel insurance covering emergency medical rescue, high-altitude trekking, medical expenses, and trip cancellation.

🔹 First Aid Support: THE AGENCY’s staff carries first aid kits and emergency medical oxygen. In case of illness or injury, THE AGENCY will assist with emergency coordination and evacuation logistics.

🔹 Financial Exoneration: THE AGENCY will not cover financial costs for emergency clinics, hospitalization, private transport, or repatriation. These expenses must be settled directly by THE CUSTOMER or their insurance provider.

9. PRIVACY, IMAGE RIGHTS & CHARGEBACK WAIVER

🔹 Chargeback Prohibition: THE CUSTOMER expressly agrees not to initiate any chargeback dispute with their bank or credit card company regarding booking deposits, recognizing that these funds are immediately executed for non-refundable government permits in their name.

🔹 Image Rights: THE AGENCY may use photographs or video footage captured during tours for promotional purposes on official channels, unless THE CUSTOMER requests otherwise in writing before departure.

🔹 Legal Jurisdiction: Any legal dispute or claim arising from these terms shall be submitted exclusively to the jurisdiction of the Courts of the City of Cusco, Peru, under Peruvian law.

10. MODIFICATIONS & VALIDITY

THE AGENCY reserves the right to update these Terms and Conditions to adapt to new operational protocols or government laws. For each booking, the Terms in effect on the exact date the booking deposit was confirmed shall apply.

Master Version 3.0 – Updated August 2026