Section 157-A. Travel agreements  


Latest version.
  • 1. When a person agrees, in response to a
      solicitation by a travel  promoter  which  is  directed  to  the  person
      individually,  to  purchase membership in a travel club or to enter into
      any  travel   services   contract   or   other   agreement   to   accept
      transportation, lodging, an interest or investment in a time share plan,
      travel  investments,  or other travel services, the travel promoter must
      provide such purchaser with written disclosure of all limitations on and
      terms of such purchase or agreement within five  business  days  of  the
      date  of  the agreement. Such disclosure shall clearly and conspicuously
      include:
        a. the name, business address  and  telephone  number  of  the  travel
      promoter;
        b. the amount due, the date of payment, the purpose of the payment and
      an itemized statement of the balance due, if any;
        c.  the  name  of  the  carrier  with  which  the  travel promoter has
      contracted to provide the transportation, the type and size  of  carrier
      to be used, and the date, time and place of each departure;
        d.   a   detailed  description  of  any  other  services  provided  in
      conjunction with the transportation;
        e. conditions, if any, upon which the travel services contract between
      the travel promoter and the traveler may be cancelled,  and  the  rights
      and obligations of all parties in the event of such cancellation;
        f.  the  conditions,  if  any, upon which the travel services contract
      between the travel promoter and the carrier or  other  service  provider
      may  be  cancelled, and the rights and obligations of all parties in the
      event of such cancellation; and
        g. a description of all contingencies, limitations  and/or  conditions
      of the agreement.
        2.  After receipt of full written disclosure, the purchaser may cancel
      such an agreement until midnight of the third  business  day  after  the
      disclosure  is  received by the purchaser, by use of the form prescribed
      in subdivision three of this section; however,  notice  of  cancellation
      need  not  take  the  form  prescribed  and  shall  be  sufficient if it
      indicates the intention of the  buyer  not  to  be  bound.    Notice  of
      cancellation,  if given by mail, shall be deemed given when deposited in
      a mailbox, properly addressed and postage prepaid.
        3.  The  written  disclosure  shall  include,  in  addition   to   the
      requirements of subdivision two of this section, the following statement
      printed  in  capital  and  lower case letters of not less than ten point
      bold faced type:
     
              YOU  MAY  CANCEL  THIS  TRANSACTION,  WITHOUT  ANY  PENALTY   OR
              OBLIGATION,  WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS
              DISCLOSURE.
     
              TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED  AND  DATED
              COPY  OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR
              SEND A TELEGRAM TO
     
              (Name of Seller),                 AT (Address of seller)
     
              ______________________________   ___________________________
                                                  NOT LATER THAN
                                                  MIDNIGHT OF THE THIRD DAY
                                                  AFTER RECEIPT OF THIS
              ___________________________         DISCLOSURE
              (Place of Business)
    
              __________________________
     
              __________________________
                      (Date)
     
              I HEREBY CANCEL THIS TRANSACTION
     
              (Date)
                                               ______________________________
                                                   (Purchaser's Signature)
     
        4.  Until  the  written disclosure required by subdivision one of this
      section has been received, the purchaser may  cancel  the  agreement  by
      notifying  the  travel promoter in any manner and by any means of his or
      her intention to cancel.
        5. Within ten days after notice of cancellation is given,  the  travel
      promoter  shall  refund  to the purchaser concerned any payments made by
      such purchaser; such refund may be made by reaccrediting the purchaser's
      charge account if a credit card was used to make a payment  and  if  the
      travel promoter informs the purchaser in writing that the charge account
      has been reaccredited.
        6.  If  the  travel  promoter  fails  within  the period prescribed by
      subdivision five of this section  to  return  all  payments  made  by  a
      purchaser, he or she shall be liable to the purchaser for such payments.
      If  the purchaser is successful in an action to enforce any provision of
      this section or section one hundred fifty-eight-a  of  this  article  or
      appeal  thereon, the court shall award the purchaser one hundred dollars
      and may award reasonable attorney's fees and costs, in addition  to  any
      other remedy.
        7. The obligations imposed by this section shall be in addition to and
      not in derogation of the requirements of any other law.