Terms & Conditions

ECLIPSE TRAVELER

Terms & Conditions

1. Acceptance of Terms

The purchase of any travel services offered by Heathrow Travel, LLC, doing business as ECLIPSE TRAVELER (“Eclipse Traveler,” “we,” “us,” or “our”) constitutes a contractual arrangement between you and Eclipse Traveler and represents your acceptance of these Terms & Conditions. Please read these Terms carefully and in full prior to booking. You are advised to obtain the most recent version from your Travel Agent or directly from Eclipse Traveler before booking.

By submitting a deposit, completing a booking, providing payment, or signing a booking form (electronically or in writing), you affirm that you (i) are at least 18 years of age, (ii) have read and understand these Terms, (iii) have legal authority to bind any other persons listed on the booking, and (iv) agree to be bound by these Terms on your own behalf and on behalf of all such persons. If you do not agree, do not book.

2. Definitions

“Booking” means a confirmed reservation evidenced by a confirmation invoice issued by Eclipse Traveler. “Tour” means any travel package, cruise, charter, escorted tour, custom itinerary, or other travel service marketed by Eclipse Traveler. “Force Majeure Event” has the meaning given in Section 19. “Travel Documents” means itineraries, e-tickets, vouchers, and confirmations issued for your Tour. “You,” “your,” and “traveler” mean the person making the Booking and each person named on the Booking.

3. Deposit and Final Payment

Please refer to each Tour’s payment terms for deposit and final payment amounts and dates. Eclipse Traveler accepts checks, money orders, Visa, MasterCard, Discover/Novus, and American Express. Your Booking is not confirmed and payment is not deemed made until the deposit is received by Eclipse Traveler and a confirmation invoice is issued. Your reservation will be automatically cancelled if the deposit is not received by the deposit due date. On certain departures, deposits may be required at time of booking to hold or to confirm space. Payment of the deposit indicates you have read and accepted these Terms & Conditions.

Please review and verify your booking invoice thoroughly and contact your Travel Agent or Eclipse Traveler immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Eclipse Traveler cannot accept responsibility if we are not notified of inaccuracies within five (5) days of sending out the invoice. In the case of billing errors, Eclipse Traveler reserves the right to re-invoice you with correct pricing.

Final payment for your Tour is due sixty (60) days prior to commencement of services, except as otherwise set forth in your tour-specific terms. If final payment is not received by the due date, your reservation will be canceled and your full deposit will be retained by Eclipse Traveler.

Eclipse Traveler is not responsible for canceled land and/or air reservations in the event payment is not received by the final payment date. Payment in full is required at time of booking for reservations made within the final payment date of your Tour.

All payments are payable in U.S. Dollars unless otherwise stated on your invoice. You are responsible for any currency conversion costs, foreign transaction fees, or banking charges imposed by your card issuer or financial institution. Refunds, where permitted, will be issued in U.S. Dollars in the same form as the original payment, and Eclipse Traveler is not responsible for fluctuations in exchange rates between the date of payment and the date of refund.

Please refer to the cancellation terms of each Tour listed under the payments tab.

4. Cancellation by Eclipse Traveler

Eclipse Traveler reserves the right to cancel or reschedule any tour departure for any reason, including insufficient demand or a Force Majeure Event. If a Tour is canceled prior to departure, Eclipse Traveler’s only responsibility will be to issue an Eclipse Traveler voucher. Eclipse Traveler vouchers are non-transferable and non-refundable, are redeemable for travel only and have no cash value, and are valid for travel within eighteen (18) months of the date of issue, but no later than twenty-four (24) months from the date the Tour was canceled.

Eclipse Traveler will attempt to rebook the same Tour with a different departure date or a similar Tour, but availability is not guaranteed. For air-inclusive Tours, Eclipse Traveler will attempt to confirm air schedules for the new dates, subject to availability. Eclipse Traveler cannot assume responsibility for any additional costs or fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through Eclipse Traveler.

5. Cancellation by Traveler

Cancellations by you must be submitted to Eclipse Traveler in writing (email is acceptable to reservations@eclipsetraveler.com and are effective only on the business day actually received and acknowledged in writing by Eclipse Traveler. Cancellation penalties are calculated based on the number of days between the date of receipt of your written cancellation notice and the Tour departure date, in accordance with the cancellation schedule set forth in your Tour-specific terms. 

Air, charter, and certain third-party components (including but not limited to Instant Purchase Air, intra-tour air, charter cruises, and bespoke arrangements) may carry 100% non-refundable status from the date of booking and will be assessed in addition to or in substitution for the schedule above. Your invoice will identify any such non-refundable components.

6. No-Show and Unused Services

If you fail to appear for any Tour or any portion of a Tour, including scheduled flights, transfers, hotel check-ins, cruise embarkations, or excursions, you will be deemed a no-show. No-shows forfeit 100% of the Tour price and are not eligible for any refund, voucher, or credit. No refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved, or for voluntary modifications, deviations, or early departures made by the traveler.

7. Chargebacks and Payment Disputes

You agree that any dispute relating to your Booking, services purchased, or any payment made to Eclipse Traveler must first be raised directly with Eclipse Traveler in writing and resolved in accordance with the dispute resolution procedures in Section 27 (Dispute Resolution; Mediation and Binding Arbitration). You expressly agree NOT to initiate a chargeback, payment dispute, or reversal of charges with your card issuer, bank, or payment processor without first providing Eclipse Traveler at least thirty (30) days’ written notice and a reasonable opportunity to cure or resolve the matter.

You acknowledge that (a) the purchase of a future-dated Tour does not constitute a failure to provide services until the contracted Tour dates have passed and Eclipse Traveler has failed to deliver the Tour; (b) cancellation requests must be processed under Section 5, not via chargeback; and (c) initiating a chargeback in violation of this Section is a material breach of these Terms.

If you initiate a chargeback in violation of this Section and Eclipse Traveler prevails (whether by representment to the card network, mediation, arbitration, or judgment), you agree to reimburse Eclipse Traveler for: (i) the disputed amount; (ii) all chargeback fees, processing fees, and bank fees imposed on Eclipse Traveler; (iii) reasonable attorneys’ fees and costs incurred in responding to the chargeback or enforcing this Section; and (iv) a $250 administrative fee per chargeback. Eclipse Traveler may also cancel your Booking in full without refund and bar you from future Bookings.

8. Revisions and Revision Fees

In addition to any airline-imposed change fees, a fee of $250 per transaction will be charged by Eclipse Traveler for any alteration or revision made to a reservation after deposit or payment is received. Any revision to a Booking, including but not limited to flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare, which will be payable by you. Airline revision or change fees may be up to $500 per ticket, but may be up to 100% of the ticket price.

Instant Purchase Air and associated service fees are non-refundable and non-changeable after twenty-four (24) hours from purchase. Alterations or revisions to a Booking with Instant Purchase Air will require new air to be purchased and is subject to full payment. Payment of refundable air taxes will be applied to the amended Booking.

Intra-tour air and hotel penalties may also apply to alterations or revisions to a Booking and may be up to 100% of the full price.

A change of traveler name, Tour date, or itinerary will be treated as a full cancellation and a new reservation; Tour and airfare cancellation fees apply.

9. Air Arrangements

International airfare may be purchased through Eclipse Traveler for travel originating from the United States. All carriers are independent operators and are not owned, managed, or operated by Eclipse Traveler. Your airline ticket is a contract between you and the air carrier only, even if you purchase through Eclipse Traveler. By purchasing your air services through Eclipse Traveler, you waive all liability for Eclipse Traveler for such air services. Eclipse Traveler is not responsible if an airline cancels, reschedules, or delays a flight for any reason.

If you purchased air through Eclipse Traveler, we will attempt to assist in making new arrangements provided you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination.

No refunds will be provided by Eclipse Traveler for portions of trips missed due to canceled, rescheduled, or delayed flights after airport check-in, nor is Eclipse Traveler responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection. For air purchased through Eclipse Traveler, if any air schedule requires an overnight stay in a gateway city, Eclipse Traveler can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense.

Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time. If you make your own flight arrangements, Eclipse Traveler will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.

Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of watch list matching. Eclipse Traveler will collect required information at time of booking, including full name, date of birth, gender, and redress number (if available), and will pass it to the airline(s). Failure to provide required TSA information at time of booking will result in the loss of confirmed flights and airfare price.

10. Travel Protection and Insurance

Eclipse Traveler STRONGLY RECOMMENDS that every traveler purchase comprehensive travel insurance covering, at a minimum: (a) trip cancellation and trip interruption; (b) emergency medical and medical evacuation; (c) baggage loss, delay, and damage; and (d) cancel-for-any-reason (CFAR) coverage where available. Travel insurance is not included in the Tour price unless expressly stated on your invoice.

By proceeding with your Booking without travel insurance, you acknowledge that you have been offered the opportunity to purchase travel insurance and have declined or chosen to obtain insurance independently, and you assume all financial risk associated with cancellation, interruption, medical events, baggage loss, and any other insurable risk. Eclipse Traveler is not an insurance broker and does not provide insurance advice; coverage decisions are your sole responsibility.

11. Participation and Conduct

For the benefit of everyone on your Tour, Eclipse Traveler reserves the right to accept or reject any tour participant and to remove any participant whose conduct is deemed incompatible with the interests of the other participants, the safety of any person, or the lawful operation of the Tour. Eclipse Traveler will not refund or cover any cost or expenses incurred for termination of tour arrangements due to unacceptable behavior.

If a participant is removed from a Tour, the participant is solely responsible for all costs of repatriation, alternate accommodations, and any related expenses. Eclipse Traveler may also charge the removed participant for any damages caused to property of suppliers, vendors, or other travelers, and for any reasonable costs (including legal costs) incurred as a result of the participant’s conduct.

12. Travelers Who Need Special Assistance

You must report any disability requiring special attention while on Tour or on cruise to Eclipse Traveler at the time the reservation is made. Eclipse Traveler will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so, nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. Eclipse Traveler cannot provide individual assistance to a tour participant for walking, dining, getting on and off motorcoaches, cruise ships, and other vehicles, or other personal needs. Eclipse Traveler strongly recommends that a qualified and physically able companion accompany travelers who need such assistance. All travelers are subject to the Participation clause above. Not all sightseeing stops or sites accommodate wheelchairs, and some locations and activities require extensive standing, sitting, or walking, sometimes on unpaved or cobblestone streets.

Eclipse Traveler is not responsible for any missed activities due to a participant’s inability to participate with the group. The Americans with Disabilities Act is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. Most transportation services, including touring motorcoaches and cruise ships, are not equipped with wheelchair ramps. Motorized scooters are not typically suitable on international tours.

13. Young Travelers

Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the Tour and are required to share an adult’s accommodation. Children under 12 years of age are not permitted on Eclipse Traveler tours.

Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, a notarized letter is recommended, written by the parents or non-traveling parent, granting authorization to travel and including the dates of travel. We suggest you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.

14. Smoking

Smoking is not allowed on transportation that is exclusively provided by Eclipse Traveler. As a standard rule, Eclipse Traveler confirms non-smoking hotel rooms. If you require a smoking room, a request may be submitted, but availability cannot be guaranteed.

15. Price Policy

All Tour prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare except where noted on specific itineraries. Tour prices are per person, based on double occupancy. Single room supplements and triple reductions are listed where applicable. Not all accommodation types are available on all Tours. Prices are subject to increase without notice, subject to the guarantees set forth below.

Once Eclipse Traveler has received your full land deposit for any land Tour, the land Tour price is guaranteed and you are protected against land price increases due to currency surcharge. Any subsequent land cost increases are at Eclipse Traveler’s expense, not including energy cost increases and/or any government tax increases. Pricing for air-inclusive Tours, including those with intra-tour air, is guaranteed when Eclipse Traveler has received your full land plus air deposits and/or full air payment as noted above.

Eclipse Traveler reserves the right to ticket air bookings, and Tours with intra-tour air, upon receipt of full land and air deposits. Any subsequent revisions made at your request are subject to airline-imposed change fees, cancellation fees, and/or changes in airfare price, which are your responsibility to pay. Instant Purchase Air is ticketed upon receipt of full air payment and is subject to full cancellation fees as noted above. International air is only available to passengers traveling from the United States and only available when booked in conjunction with a land Tour.

16. Visas, Passports, and Entry Documents

You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. Visa and entry documents must be obtained independently. Non-U.S. citizens must consult appropriate consulates to determine if any visas are needed; you are responsible for obtaining all visas and entry documents independently. Eclipse Traveler is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and Eclipse Traveler cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation. All passengers traveling internationally are required to have a passport.

Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling, as many countries require blank pages. Multiple-entry visas are required for some Tours. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more. Some government agencies in foreign countries require Eclipse Traveler to collect and pass on certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details as requested fully and accurately, your trip may be interrupted or canceled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.

17. Hotels, Accommodations, and Transportation

The hotels listed on this website are intended to be used on all departures; however, hotels are not guaranteed. Eclipse Traveler reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent or higher quality, when available, to those shown. No refunds are provided for hotel changes; full cancellation penalties as noted above apply. Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples. Check-in times vary worldwide; Eclipse Traveler cannot control or guarantee check-in times. In the rare event that included train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate and may be subject to change.

18. Baggage Allowance

Porterage at hotels for one suitcase per person is included in the Tour price. Airport, port, and train station porterage is not included unless otherwise specified in your travel documents. Please be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations.

Some Tours have more restrictive regulations than listed above. Please refer to your travel documents for more information. Air carrier restrictions may vary. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination, and are becoming more restrictive. Up-to-date information on carrier-specific baggage allowances and fees can be found on the carrier’s website or at www.iflybags.com. Eclipse Traveler is not responsible for additional fees imposed by air carriers for baggage, and these fees are not included in the airfare or the Tour package price. You will be required to pay these fees directly to the airline at check-in.

Most airports require that travelers handle their own luggage through customs. No responsibility is accepted by Eclipse Traveler for loss of or damage to baggage or any of the traveler’s belongings throughout the duration of the Tour. Baggage insurance is recommended. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.

19. Force Majeure

“Force Majeure Event” means any event beyond the reasonable control of Eclipse Traveler, including without limitation: acts of God; natural disasters (hurricanes, earthquakes, volcanic eruptions, floods, wildfires, tsunamis); war, hostilities, civil disturbance, terrorism, riots, or sabotage; epidemics, pandemics, or quarantines (including any successor to COVID-19); government actions, advisories, travel bans, border closures, or sanctions; strikes, lockouts, or labor disputes; failures or delays of common carriers; energy shortages; cyberattacks or technology failures affecting third-party suppliers; closure of airports, ports, or other infrastructure; and any other cause beyond Eclipse Traveler’s reasonable control.

If a Force Majeure Event affects Eclipse Traveler’s ability to perform a Tour in whole or in part, Eclipse Traveler may, in its sole discretion: (a) postpone the Tour; (b) substitute alternative arrangements of comparable quality; (c) issue a Eclipse Traveler voucher (subject to Section 4); or (d) cancel the Tour. In no event will Eclipse Traveler be liable for any consequential, incidental, indirect, special, or punitive damages arising from a Force Majeure Event. Recovery, if any, will be limited to the remedies in Section 4 and any non-recoverable third-party costs already incurred on your behalf will be deducted from any voucher or refund.

20. Travel Documents

Passenger Travel Documents, including e-ticket itineraries, are sent by regular ground delivery approximately two to three (2–3) weeks prior to departure, provided full invoice payment has been received. If available, a service charge per reservation is added for documents requested in advance and/or for 2-day delivery or for delivery to multiple addresses. Please indicate at the time of reservation whether you prefer regular ground delivery or 2-day delivery. 2-day delivery with related charges is required for reservations made within 45 days of commencement of services and for delivery outside the continental United States; charges will be quoted at time of reservation.

21. Gratuities

Gratuities are included for services during the land stay of your Tour. This includes wait staff at included meals, hospitality staff at hotels for nights purchased through Eclipse Traveler, and porterage at hotels for one suitcase per person. Gratuities for your Tour or Cruise Director, Local Hosts, Local Guides, Tour Driver, and ship’s crew are not included in the Tour price and are discretionary.

22. Not Included in the Tour Price

The following charges are not included in the land Tour price: airfare to and from the start of your Tour; intra-tour air unless specified in the itinerary; airline baggage fees, including checked and/or excess baggage fees; Federal inspection fees for U.S. Customs and Immigration; International Air Transportation tax; agricultural tax; other per-person taxes imposed by government entities; airport taxes and fees including the September 11th Security fee up to $10 per person, passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $3.70 per segment, and U.S. and international arrival, departure, and other government-imposed fees added by the airline; port taxes; passports; visas and vaccinations; tips to your Tour or Cruise Director, Local Host, driver, Local Guides, and/or ship’s crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted Eclipse Traveler menu; airport transfers on non-qualifying flights; optional excursions; additional activities and excursions purchased online; porterage at airports and train stations; travel protection insurance; and all other items of a personal nature.

23. Refunds

Any request for refunds is subject to these Terms & Conditions. No refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveler. Airport transfers are complimentary with air booked through Eclipse Traveler on qualifying flights and dates. Not all flights or dates qualify. Customers not using the included transfer will not be given a cash equivalent or Tour price reduction.

Approved refunds will be processed within thirty (30) business days of approval and issued in U.S. Dollars in the same form as the original payment, less any non-refundable third-party costs already incurred.

24. Service Inquiries After the Tour

As it is difficult and sometimes impossible to properly investigate a complaint if Eclipse Traveler is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause. After returning from your Tour, if you wish to inquire about any services provided, please ensure that all correspondence relating to those services is received by Eclipse Traveler at the address listed in Section 28. Any complaint or claim involving the Tour services offered, involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the tour participant, must be notified to Eclipse Traveler while on Tour or within thirty (30) days of the Tour completion, except where such time limitations are prohibited by law.

25. Holidays and Closures

During local or national holidays, special events, peak seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or unavailable. Alternatives will be offered whenever possible. Eclipse Traveler cannot be held responsible for any closures, necessary itinerary changes, or curtailments for any reason.

26. Safety, Health, and Travel Advisories

During your participation in tours operated by Eclipse Traveler, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. Eclipse Traveler will not have liability regarding the provision of medical care or the adequacy of any care that may be rendered. While Eclipse Traveler will use its best efforts to ensure adequate measures are taken, by agreeing to participate in a Tour and/or optional excursions, you agree to hold Eclipse Traveler harmless regarding any provision of medical care or the adequacy of any care rendered. Eclipse Traveler is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Eclipse Traveler harmless for such.

You acknowledge that you are responsible for reviewing the U.S. Department of State travel advisories (travel.state.gov) and the U.S. Centers for Disease Control travel health notices (cdc.gov/travel) for each destination on your itinerary, and for evaluating the suitability of travel to those destinations based on your personal circumstances. Eclipse Traveler does not assume responsibility for travel advisories or health notices issued by any government agency. The existence of a travel advisory does not, by itself, entitle you to a refund and does not constitute a Force Majeure Event unless travel is legally prohibited.

27. Photographs and Marketing Materials

Photographs or pictures appearing on this website should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the Tour pages are current at the time of printing and may not reflect actual routing should the itinerary change.

By participating in a Tour, you grant Eclipse Traveler and its affiliates a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, display, and distribute photographs, video, and audio recordings in which you appear, taken during the Tour by Eclipse Traveler personnel or authorized photographers, for marketing, promotional, and editorial purposes, in any medium now known or hereafter developed. You waive any right to inspect or approve such uses and any right to compensation. If you do not consent, you must notify Eclipse Traveler in writing prior to Tour commencement.

28. Optional Excursions and Activities

Optional activities and excursions (“the Services”) available for booking are provided by local operators or other third parties that are entirely independent of Eclipse Traveler and do not form any part of the product or services sold to you by Eclipse Traveler or of these Terms & Conditions, even where Eclipse Traveler suggests particular operators or assists you in booking such optional activities or excursions. Your contract for such Services will be with the organizer or operator of that Service and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. Eclipse Traveler has no liability for any such optional activity or excursion or for any acts or omissions of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional activity or excursion. Any advice or assistance provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by Eclipse Traveler. Tour participants are asked to check with the operator of any optional activity or excursion and the applicable Terms & Conditions before booking.

For operational reasons, not all optional excursions listed in the Tour itinerary, published online, or in travel documents may be available during your Tour. Your Tour Director will advise of availability while on Tour.

29. Privacy, Data Use, and Electronic Communications

Eclipse Traveler collects, processes, and shares personal information (including names, dates of birth, gender, passport information, dietary and medical information, and payment information) as necessary to provide your Tour and to comply with applicable laws and the requirements of carriers, hotels, and government authorities. Our collection and use of personal information is governed by the Eclipse Traveler Privacy Policy, available at [URL], which is incorporated by reference.

California residents may have additional rights under the California Consumer Privacy Act (CCPA) as set forth in the Privacy Policy. Residents of the European Economic Area, the United Kingdom, and other jurisdictions with applicable data protection laws may have rights of access, correction, deletion, portability, and objection as described in the Privacy Policy.

By providing your contact information, you consent to receive communications from Eclipse Traveler electronically, including transactional emails, booking confirmations, travel documents, marketing emails, and SMS/text messages where you have opted in. You may opt out of marketing communications at any time. You agree that all notices, agreements, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

30. Indemnification

You agree to indemnify, defend, and hold harmless Eclipse Traveler, Heathrow Travel, LLC, and their respective members, officers, employees, agents, suppliers, and affiliates from and against any and all claims, demands, suits, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) your acts or omissions during the Tour; (d) any damage you cause to property of suppliers or third parties; and (e) any chargeback or payment dispute initiated by you in violation of Section 7.

31. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECLIPSE TRAVELER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR BOOKING, TOUR, OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO ECLIPSE TRAVELER FOR THE TOUR THAT IS THE SUBJECT OF THE CLAIM.

IN NO EVENT SHALL ECLIPSE TRAVELER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, EMOTIONAL DISTRESS, OR LOSS OF ENJOYMENT, EVEN IF ECLIPSE TRAVELER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, ECLIPSE TRAVELER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

32. Responsibility

Heathrow Travel, LLC, located at 3575 W. Lake Mary Blvd, Lake Mary, FL 32746, is an independent company licensed to market and distribute travel products under the Eclipse Traveler brand name, and arranges for the Tour services offered through independent contracts. Air carriers, accommodations, and other suppliers (including but not limited to trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint venturers of Eclipse Traveler or its affiliates. All certificates and other travel documents for services issued are subject to the Terms & Conditions specified by the supplier, available upon request, and to the laws of the countries in which the services are supplied.

The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers. Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, Eclipse Traveler’s maximum liability is the maximum which would be payable by the carrier or the hotelkeeper concerned under the applicable international convention, treaty, or regulation (e.g., the Warsaw Convention, the Montréal Convention, the EU Regulation on Air Carrier Liability, the Athens Convention).

After departure, if the services included in the Tour cannot be supplied or there are changes in an itinerary for reasons beyond Eclipse Traveler’s control, Eclipse Traveler will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of tour participants, and any resulting savings will be refunded to tour participants. Eclipse Traveler reserves the right to accept or reject any person as a tour participant, to expel any participant from the Tour, to make changes in the itinerary whenever Eclipse Traveler deems it necessary for the comfort, convenience, or safety of the participants, and to cancel a Tour at any time.

The tour participant agrees that neither Eclipse Traveler nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection Plan, or any other person.

33. Dispute Resolution; Mediation; Binding Arbitration; Class Action Waiver

Mandatory Negotiation. Before initiating mediation or arbitration, you and Eclipse Traveler agree to attempt in good faith to resolve any dispute by direct written communication for a period of at least thirty (30) days from the date written notice of the dispute is delivered to the other party.

Mediation. If the dispute is not resolved through direct negotiation, the dispute shall first be submitted to mediation in Orlando, Florida, before a mediator mutually agreed to by the parties. The parties shall share the mediator’s fees equally.

Binding Arbitration. If mediation is not successful, the dispute must be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. Arbitration shall take place in Orlando, Florida, before a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration against Eclipse Traveler must be commenced within one (1) year following the date of Tour completion or the event giving rise to the dispute, whichever is earlier.

CLASS ACTION WAIVER. YOU AND ECLIPSE TRAVELER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 33 shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect.

JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ECLIPSE TRAVELER EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR TOUR.

Prevailing-Party Fees. The prevailing party in any mediation, arbitration, or court proceeding shall be entitled to an award of reasonable attorneys’ fees and costs.

Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in Florida to protect intellectual property rights or to enforce the Class Action Waiver.

34. Governing Law and Venue

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 33, the exclusive venue for any court proceeding (including any action to enforce an arbitration award or seek equitable relief) shall be the state or federal courts located in Seminole County, Florida, and the parties consent to personal jurisdiction in those courts.

35. Assignment

You may not assign or transfer your Booking, in whole or in part, to any other person without the prior written consent of Eclipse Traveler, which may be withheld in its sole discretion. Any attempted assignment without consent is void. Eclipse Traveler may assign its rights and obligations under these Terms without your consent in connection with a sale, merger, reorganization, or other corporate transaction.

36. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified or limited only to the extent necessary to make it enforceable while preserving the parties’ intent. These Terms, together with your booking invoice, the Privacy Policy, and any tour-specific terms, constitute the entire agreement between you and Eclipse Traveler with respect to your Tour and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

No oral statement, advertisement, or course of dealing modifies these Terms. No person, other than an authorized representative of Eclipse Traveler in a writing signed by such representative, is authorized to vary, add, or waive any term or condition. Failure of Eclipse Traveler to enforce any provision is not a waiver of that provision or any other provision.

37. Headings; Interpretation; Language

Section headings are for convenience only and do not affect interpretation. The words “include,” “including,” and similar terms are not words of limitation. These Terms have been drafted in English. In the event of any conflict between the English version and any translation, the English version controls.

38. Florida Statutory Disclosures

Eclipse Traveler is registered with the State of Florida as a Seller of Travel. Florida Seller of Travel Registration No. ST38140. Registration does not constitute approval by the State of Florida.

Florida law provides certain protections to purchasers of travel-related services under the Florida Sellers of Travel Act (Fla. Stat. § 559.926 et seq.). You may, under certain conditions, be entitled to a refund or other remedies if Eclipse Traveler fails to provide the travel services purchased. Complaints regarding sellers of travel may be directed to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, by telephone at 1-800-HELP-FLA (1-800-435-7352), or, for callers outside Florida, 1-850-410-3800.

39. Contact and Notices

Notices, complaints, and other communications under these Terms must be sent in writing to:

Heathrow Travel, LLC d/b/a Eclipse Traveler

Attn: Legal & Compliance

3575 W. Lake Mary Blvd

Lake Mary, FL 32746

Email: info@eclipsetraveler.com