Terms and Conditions

Terms and Conditions

IMPORTANT TRAVEL NOTICES, TERMS AND CONDITIONS
The following terms and conditions (hereafter "Terms and Conditions") apply to all journeys provided by EUREKA TRAVEL and its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter called "EUREKA TRAVEL'S", "we" or "us" in the rest of this terms and conditions agreement). Read them carefully, and ask questions about any area of concern or uncertainty. EUREKA TRAVEL recommends that you have your attorney review this entire agreement prior to your signing it.  
Health and Fitness:
EUREKA TRAVEL'S itineraries are physically active and interactive, so you must be in good health to participate. EUREKA TRAVEL reserves the right to decline any trip participant whose condition, in EUREKA TRAVEL'S opinion, may affect the health, safety or enjoyment of the participant, other participants, our staff, or third parties.

YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING THE JOURNEY. No medical personnel travel with, or as part of, EUREKA Travel's staff. The quality of medical personnel and facilities vary from region to region and cannot be controlled by EUREKA TRAVEL. In some parts of the world, substandard medical care is common and unavoidable. EUREKA TRAVEL is not responsible for the costs of any medical treatment you may require during the trip. Under no circumstances is EUREKA TRAVEL responsible for the quality of medical care, or lack thereof, you may receive while on the trip. We strongly recommend that you obtain medical and dental insurance that will cover the cost of any medical and dental assistance including, without limitation, emergency medical evacuation, you may require during your trip.
It is common to experience "jet lag" after transoceanic flights. Jet lag may affect alertness, reflexes, and balance. You are encouraged to drink water frequently during air travel and on the days following. Avoid liquor and caffeine while in the air, if not longer. Please be advised that EUREKA TRAVEL'S itinerary may involve travel to high elevation locations where high altitude cerebral edema (HACO) and high altitude pulmonary edema (HAPO), both of which are commonly referred to with the misleadingly understated term "altitude sickness", are unlikely but not impossible. This is a very serious condition that should be brought immediately to the attention of medical personnel or EUREKA TRAVEL'S staff as soon as possible. Even without altitude sickness, your itinerary will spend too little time at high altitude to acclimatize your body. It is common to experience some shortness of breath or a sense of light-headedness. If you begin to experience these or any other symptoms of concern, you must inform us immediately. This is one of the areas for which you assume the risk.

IMMUNIZATIONS AND TRAVEL RISKS:
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release EUREKA TRAVEL from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For information concerning possible dangers at international destinations, contact the Travel Advisory Section provided by the government of your country. In the United States of America, contact the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel/ warnings.html. For medical information, refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559, use their fax information service at (404) 332-4565, or access online at www.cdc.gov/travel. You may wish to also consult your family physician.  
Assumption of Risk: Injuries and fatalities can potentially occur during and around climbing at high altitudes or at any traditional trip. You expressly assume the risk of property damage, property loss, injury, and/or death occurring, without limitation, while participating in the itinerary.

Travel Arrangements:
EUREKA Travel's responsibility in respect of air travel is limited by the airline's conditions of carriage. The airlines mentioned in our advertisement may change from those specified and EUREKA TRAVEL is not able to specify the type of aircraft to be used by any airline. In addition, EUREKA TRAVEL is not responsible for losses due to cancelled flights or seats or changed flight itineraries. You cannot cancel the contract without penalty due to a change of airline, aircraft type or destination. The responsibility of the airlines is limited to the carriage of passengers and baggage in accordance with their terms and conditions of service. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. EUREKA TRAVEL will not provide any refund for trips missed, in part or full, due to missed, cancelled or delayed flights or other flight irregularities including without limitation denied boarding whether or not you are responsible for such denial. When possible, we recommend arriving at least one day ahead of schedule, at your additional expense of course, and joining us when the tour commences one day later.  

Customized itineraries & GOOD FAITH DEPOSIT FEE
Although our website offers many options of travel itineraries, we realize that often our clients need customized travel arrangements. These tailor made itineraries frequently include accommodation types and activities which are less common and which reflect each passenger's unique needs. If your trip requires customized and personal preparation of travel services, we will request a U$D 100.00 to U$D 200 "good faith deposit fee" per person or per reservation depending on each case.  Long, complex itineraries and groups may require a higher fee as this will take us more time to prepare.
This "Good faith deposit" fee will apply as a credit toward your trip invoice if you book it within 45 days. If you choose not to book the trip or decide on a completely different itinerary, the fee will become non-refundable. Returning customers are typically not required to pay this fee at the discretion of Eureka Travel. Eureka Travel is dedicated to offering the best possible customer service, research, and travel arrangements for its customers. Preparing a complex customized trip often requires considerable time, expertise, and knowledge of the area.
As a travel consultant specializing in South America we are able to plan and arrange the types of trips that otherwise cannot be found through other travel sites.
The purpose of our good faith deposit fee is to discourage speculative, non-serious inquires, or future passengers wanting to rely on our expertise, but plan to book elsewhere.  The charge shall be considered valid as a request for services. This allows us to focus our time and resources to help customers like you who seriously intent to book a trip from us.
In case of customized, complex flight itineraries, the "good faith deposit" fee becomes a flight booking service fee and does not apply as a credit toward the cost of the flights or rest of the itinerary.
The "good faith deposit" fee can be charged to your credit card (Visa, American Express & MasterCard) or you can send us a check payable to EUREKA TRAVEL.  Please complete the GOOD FAITH DEPOSIT FEE FORM and either e-mail or fax it to us.
You can also fill out our online BUILD your TRIP ITINERARY FORM or email us with your request. Immediately upon receiving your deposit we will notify you via email or phone and begin the process of planning of your trip.  Within 3 to 5 business days you will receive the 1st proposed itinerary and a price quote.

Trip Cancellation Insurance or Travel insurance:
Should you have to cancel your trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for both air and tour costs. Purchasing trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. EUREKA TRAVEL strongly recommends the immediate purchase of trip cancellation insurance including emergency medical evacuation. It is the participants' sole responsibility to research, evaluate and purchase appropriate coverage. EUREKA TRAVEL offers travel insurance, available for an extra charge.
In case you decide not to purchase travel insurance, Eureka Travel will request you to sign our TRAVEL INSURANCE WAIVER FORM prior to sending all your travel documents and vouchers. These documents won’t be sent until we receive your waiver form.

Force Majeure ("Acts of God"):
EUREKA TRAVEL shall have no responsibility or liability and shall not be required to make any refund, partial or full, in the event, without limitation, of any delay, cancellation, overbooking, strike or other labor activity, political unrest, acts of war, terrorism, disease, bad weather, lack of medical care, or other force majeure event or cause beyond EUREKA TRAVEL'S direct control. Further, EUREKA TRAVEL shall have no responsibility for any additional, incidental, or consequential expense due, without limitation, to omissions, delays, re-routing, or acts or omissions of any governmental authority.
EUREKA TRAVEL reserves the right to cancel a trip for force majeure or any other circumstances beyond our control as determined in our sole discretion.
EUREKA TRAVEL is not responsible for a participant's late arrival. These tours are very time limited and, while EUREKA TRAVEL will make efforts to accommodate late arrivals, participants are advised that the trip may proceed without them. Participants are advised to plan for this and to be prepared to arrive in time. 
Travel Documents:
You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for the entire tour. All tours require a passport valid until at least six (6) months beyond the scheduled end of your itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their trip; EUREKA TRAVEL is not responsible in any way for your failure to do so.
If you try to enter a country where visa is required, and you do not have the visa, it is possible that you will be imprisoned until there is an available flight to return you to your point of origin. In some instances, you can receive the same treatment if you attempt to enter a country on a one-way ticket.

Accommodations:
Hotel accommodations and the "star" designations may vary from country to country, especially in some of the remote locations on Eureka Travel's itinerary. Eureka Travel makes no guarantee about the accommodations, but we will try to work with the hotel within the same category you purchased, if available. Any additional costs, i.e. upgrades etc., will be borne by the participant.

What's Included:  Please see your Itinerary.

What's not included : Trip rates do not include: medical/trip insurance, airport taxes, meals during the optional activities or leisure days, beverages, optional activities, and individual costs not provided to the rest of the group participants. Trip price does not include gratuities for the guides. 

Reservations/booking and Deposits:
To reserve a space on any trip, each Customer must submit:
1. A completed application/booking form.
2. A deposit of 25% of the total cost of the trip per person (check or credit card) is due at time of booking your trip with us. It is highly recommended that the deposit be made as early as three months before departure from the United States as space fills up early.
3. The full balance of the trip cost is due sixty days (60) before the trip departure date from the United States/Canada/Europe.
4. If you book your trip with us sixty days (60 days) or less before the departure date, the full cost of the trip is due at that time.
5. 5. Payments can be made in the form of:
Credit Card: Visa / Master Card / American Express /Discover
Personal check with check made out to Eureka Travel.

Cancellation Policies:

• If Customer cancels, all reservation deposits will be returned minus a cancellation fee as noted below.
• EUREKA TRAVEL reserves the right to cancel any tour due to lack of participation 60 days prior to tour departure date. In this case, all monies you paid to EUREKA TRAVEL will be refunded or alternate dates may be offered and reserved.

If you must cancel your trip, you must do so in writing. Cancellation refunds will be calculated as of the date we receive your written cancellation. All payments for travel services not provided to the passenger shall be refunded in accordance with these Terms and Conditions and in accordance with EUREKA TRAVEL'S cancellation policy. Refunds will be processed 30 days after our receipt of your written cancellation. Please note that if you cancel on or after the scheduled date of departure, you will not receive any refund.

Cancellation Charges:

Unless otherwise stated in the brochure, for all cancellations we will refund the cost of your trip less the following per-person charges. Please note that a no show passenger forfeits all deposits and payments made to Eureka Travel. 

Participants
Prior to Departure  Charge
Up to 60 days prior  Loss of the 25% initial deposit or $500 per person, whichever is less.
30 to 59 days prior  30 % per person *
15 to 29 days prior  40 % per person *
2 to 14 days prior  50 % per person *
1 day prior or non show  100 % per person *

*Charges are in addition to the non-refundable deposit, which is non-refundable for any reason following payment

After the date of departure, no refunds will be provided for cancelled, changed, or modified travel, accommodations, or services, regardless of the reason given for said cancellation, change or modification.

Passengers will be responsible for additional service fees, handling on cancellations  during the trip, regardless the reason of the cancellation or re booking.

Responsibility:
Without limitation, EUREKA TRAVEL shall not be responsible or liable for any acts, errors, omissions, representations, misrepresentations, misfeasance, nonfeasance, warranties, negligence or other conduct of any supplier or independent contractor, nor for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom.

The responsibility of EUREKA TRAVEL and its affiliated companies is strictly limited. As a travel agency, EUREKA TRAVEL organizes, promotes, and sells tour programs consisting of various tours and cruises to Argentina and other South American countries that EUREKA TRAVEL arranges with various suppliers (collectively, "Suppliers"). EUREKA TRAVEL does not own or operate any of these Suppliers. The Suppliers providing travel services for EUREKA TRAVEL tour programs are independent contractors, and are not agents or employees of EUREKA TRAVEL. As such, EUREKA TRAVEL is not responsible for any negligent or willful act or failure to act of any supplier or of any third party.

EUREKA TRAVEL reserves the right to correct promotional or pricing errors at any time, or to adjust the program price in the event of cost increases due to changes in currency fluctuations, rental fee increases, taxes, or fuel surcharges.
Release

In consideration of, and as a part of the payment for, the right to participate in such tours, itineraries, or other activities and as a part of the payment for, the services arranged for me by EUREKA TRAVEL, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of EUREKA TRAVEL, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER INDEMNIFY, RELEASE AND HOLD HARMLESS EUREKA TRAVEL , its agents, employees, officers, directors, associates, affiliated companies, and subcontractors against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I or third parties now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by EUREKA TRAVEL, its agents, employees, officers, directors, associates, affiliated companies, independent contractors or subcontractors. THE TERMS OF THIS AGREEMENT (TERMS AND CONDITIONS) SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, trustees, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THE RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT EUREKA TRAVEL HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT.

Applicable Law and Choice of Forum:
These Terms and Conditions shall be governed and construed according to the laws of the State of California . Any claims against EUREKA TRAVEL arising out of or relating to these Terms and Conditions must be brought in the courts of LOS ANGELES County , California , to the exclusion of the Courts of any other state and country.

By submitting your booking form and traveling with Eureka Travel, you agree to the terms & conditions of  EUREKA TRAVEL.