Section 158-A. Prohibited practices by travel promoters  


Latest version.
  • It shall be illegal
      for  any  travel promoter and, if such travel promoter is a corporation,
      any officer or director  thereof,  to  engage  in  any  or  all  of  the
      following enumerated practices:
        1.  Offer free accommodations for more than one person and free travel
      for one person when the charge for the travel of the  additional  person
      or  persons  is  equal  to  or exceeds what would have been paid for the
      total number of travel tickets without  utilizing  the  travel  services
      offered by the travel promoter.
        2. Use a merchant account number assigned to a merchant other than the
      travel  promoter  providing  or  offering the travel service in order to
      process credit card charges and purchases.
        3. Misrepresent the quality or  kind  of  service,  type  or  size  of
      aircraft,  vehicle,  ship or train, time of departure or arrival, points
      served, route to be traveled, stops to be  made,  total  trip-time  from
      point  of  departure to destination, type or size of lodging, time share
      or other accommodation, availability of lodging,  time  share  or  other
      accommodation,  or  other services available, reserved or contracted for
      in connection with any trip, tour or other travel services, unless  such
      misrepresentation  was based upon a reasonable belief as to the services
      available based  upon  representations  made  by  the  person,  company,
      corporation, common carrier or other entity offering such services.
        4.  Misrepresent  the fares and charges for transportation or services
      in connection therewith, unless such misrepresentation was based upon  a
      reasonable belief as to the fares and charges applicable based upon rep-
      resentations made by the person, company, corporation, common carrier or
      other entity offering such services.
        5.  Advertise  or  otherwise  offer for sale or sell transportation or
      services in connection therewith at  less  than  the  rates,  fares  and
      charges specified in the currently effective tariffs of the carrier that
      is  engaged to provide such transportation or services, or offer or give
      rebates or other concessions thereon, or assist or permit  a  person  or
      persons  to  obtain  such  transportation  or services at less than such
      lawful rates, fares and charges.
        6. Misrepresent that special priorities for reservations are available
      when such special considerations are not in fact granted to  members  of
      the public generally.
        7.  Sell  transportation  to  a  person or persons on a reservation or
      charter basis for specified space, flight or time or represent that such
      definite reservation or charter is or will  be  available  or  has  been
      arranged, without a binding commitment with a carrier for the furnishing
      of such definite reservation or charter as represented or sold.
        8.  Sell  or  issue  tickets  or  other  documents to passengers to be
      exchanged or used for transportation if such tickets or other  documents
      will not be or cannot be legally honored by carriers for transportation.
        9.  Misrepresent  the  requirements  that  must  be met by a person or
      persons in order to qualify for charter or group fare rates, unless such
      misrepresentation  was  based  upon  a  reasonable  belief  as  to   the
      requirements  applicable  based upon representations made by the person,
      company, corporation, common  carrier  or  other  entity  offering  such
      charter or group fare.