By acceptance of these terms and provisions, the parties INCA RAIL, herein the operator and the passenger, herein the CUSTOMER (adult or minor), enter into agreement of public transportation of passengers train.

1.	Whereas, INCA RAIL is committed to transport the passenger to its destination providing the comfort of the corresponding class for the purchased service.
2.	Whereas, the passenger is transported to its destination in trade for his/her travel ticket purchased which from the time of its emission and acquisition represents the acceptance and submission to the terms and conditions herein established on this service agreement.
3.	Whereas, no agent, server, representative and/or third parties, have the faculty or capability to modify, restrict or extend the terms and provisions of this agreement.
4.	Whereas, the travel ticket is personal, nominal and non transferable.
5.	Whereas, this agreement of transporting passenger service is subject to the Peruvian Legislation, concerning the General Law of Passengers Train Transportation, modifications and norms.

6.	Whereas, arriving to the corresponding trains station at least 30 minutes prior the scheduled departure time.
7.	Whereas, when passengers boarding shall match the boarding ticket and I.D in order to confirm the passenger identity. When a minor do not hold an ID and there is an adult traveling with him/her, the adult will be responsible for the information of the minor provided to INCA RAIL, which is alleged as true. INCA RAIL has the right to deny boarding of passengers who do not hold an acceptable form of identification, over and above INCA RAIL has exclusive rights to check the passenger ticket before and during the trip.
8.	Whereas, passenger boarding or getting down of the passenger coach only per INCA RAIL personnel request.
9.	Whereas, passengers are not allow to board the passenger coach when either intoxicated or under drug influence, carrying leaving livestock, nor in possession of inflammables, explosives, guns or any object that expose the crew and passengers to danger or due to its size, volume and weight or other characteristics disturb the passengers. INCA RAIL may deny coach passengers boarding of persons either under the above mentioned conditions or carrying such objects.
10.	Whereas, follow crew member’s instructions.
11.	Whereas, no smoking in passengers coach.
12.	Whereas, INCA RAIL has the right to restrict coach boarding of persons who are in fragile health condition and are no suitable to travel as well as of women in the last trimester of pregnancy (equal or over seven months of gestation). INCA RAIL will not be responsible for the passenger health or physical condition due to an accident or issue caused by a pre existing condition.

13.	Whereas, it is the passenger responsibility to take diligent care of its luggage before and after boarding, only the passenger will be responsible for any loss of hand bags or other large luggage in the train station or in other premises but in the passenger coach. INCA RAIL responsibility for the passenger luggage is exclusive and limited to the passenger coach.
14.	Whereas, INCA RAIL passenger coaches are not furnished with a luggage compartment in the passenger coach. INCA RAIL travel ticket holder has the right to carry on to the passenger coach only a bag (backpack, handbag or suitcase) weight restricted to 08 kg. or equal to 11 lbs. and 62 inches or 157 cm. total dimension (length, high and width).
15.	Whereas, passenger whose luggage is over weigh and over dimensioned not in compliance with the stipulations in the above clause 14, may take his or her luggage before boarding the passenger coach to the INCA RAIL passenger luggage facility provided only for passengers. The passenger luggage facility is located in Ollantaytambo Town at Ferrocarril Ave. (no number assigned), across the INCA RAIL ticket window and in Cusco City at 611 El Sol Ave. In order to take his or her luggage, the passenger should present a travel ticket and a valid form of identification or passport. In addition, when claiming passenger’s luggage, the passenger must have a password given by INCA RAIL personnel when the passenger’s luggage was drop in the facilities.
16.	Whereas, INCA RAIL is not responsible for any loss, stolen or damage of valuables in the passenger luggage.

17.

Whereas, per passenger verbal request and presenting a valid form of identification, INCA RAIL will issue a copy of a travel ticket when an original travel ticket is lost or stolen prior payment of ten percent (10%) of the ticket value. The payment should be made either in Cusco City at 611 El Sol Ave., or in Ollantaytambo Town at Ferrocarril Ave. (no number assigned) and/or in Macchupicchu Train Station. In order to issue a new travel ticket it is required that the passenger request is made at least sixty (60) minutes prior the auto-car departure time scheduled. Otherwise, the passengers will loss the purchased service.

18.

Whereas, when passenger transportation to the train station is delayed due to forces of nature, which are confirmed by INCA RAIL and qualified as misfortune or disaster causing the passenger being late to the train station, INCA RAIL will offer the possibility to change the travel ticket departure/arrival date, upon passenger seats availability at no cost to the passenger. Under any circumstances INCA RAIL will either return the purchased value of the travel ticket or will imply any kind of obligation or responsibility.

19.

Whereas, when a passenger is not at the train station before the auto-car departure time due to any other reasons no mentioned in the above clause eighteen (18), the passenger will loose the purchased service and will have no rights to claim any kind of reimbursement, return or change of date; therefore, INCA RAIL is no responsible for the passenger delay to the train station when circumstances do not relieve the passenger from responsibility.

20.	Whereas, INCA RAIL does not assume any obligation or responsibility for any change, delay, or unexpected stops, cancellations, postponement either reasonably necessary or unavoidable, before, during or after the rendering of the purchased service, and as a result of action, omission or any other contingency, action or circumstances due to: - Circumstances that do not relieve INCA RAIL from responsibility which are extraordinary, unpredictable and irresistible events that impede the service performance. - Adverse forces of nature, technical reasons, railroad conditions and acts from God.
21.	Whereas, in the events of the above clause number twenty (20), INCA RAIL is authorized to change its itineraries, prior communication to the customer. At the same time, it is necessary to keep in mind that in the events above described, INCA RAIL can substitute the transportation for an alternative one, in order to complete the passengers transporting to their destination. INCA RAIL is not responsible for any of these changes in virtue of the unpredictable events as described in clause number nineteen (19).
22.	Whereas, passenger transporting is the service that INCA RAIL offered, which is rendered in an independent and autonomous manner, therefore INCA RAIL abides no responsibility to the customer or third parties due to delays or impossibility of making connections with other means of transport or for the impossibility of exercising his corresponding rights according to the customer previous commitments with hotels, restaurants, travel agencies and any other person or business.

23.

Whereas, the unique event in which INCA RAIL is compromised to return the monetary value of the purchased travel ticket is when INCA RAIL cancels the purchased schedule service. In this event, INCA RAIL will reimburse the corresponding monetary value of the purchased travel ticket per passenger request, which will be effective when presenting physically the original travel ticket.

24.

Whereas, the passenger would be able to request postponing of the departure date of travel or service cancellation at minimum twenty four (24) hours in advance of the departure time scheduled for the initial transporting service. Postponing or cancelling services must be made in INCA RAIL facilities located at 611 El Sol Ave., Cusco paying a penalty of ten percent (10 %) of the total value of the travel ticket. Negotiation is personal or through a representative with notarized letter presenting the original travel ticket purchased or receipt of payment. Monetary value of the travel ticket will be return personally or through bank direct deposit in a bank account or bank draft. All expenses due to returning the monetary value of the purchased travel ticket will be assumed by the passenger.