N.Y. General Business Law 158 – Prohibited practices by travel consultants
§ 158. Prohibited practices by travel consultants. It shall be illegal for any travel consultant and, if such travel consultant is a corporation, any officer or director thereof, to engage in any or all of the following enumerated practices:
Terms Used In N.Y. General Business Law 158
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
1. Knowingly 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, or total trip-time from point of departure to destination or other services available, reserved or contracted for in connection with any trip or tour.
2. Knowingly misrepresent the fares and charges for transportation or services in connection therewith.
3. Knowingly 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, who is engaged to provide such transportation or services, or knowingly offer or give rebates or other concessions thereon, or knowingly assist or permit a person or persons to obtain such transportation or services at less than such lawful rates, fares and charges.
4. Knowingly misrepresent that special priorities for reservations are available when such special considerations are not in fact granted to members of the public generally.
5. Knowingly sell transportation to a person or persons on a reservation or charter basis for specified space, flight or time or knowingly 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.
6. Knowingly 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.
7. Knowingly misrepresent the requirements that must be met by a person or persons in order to qualify for charter or group fare rates.