(a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator.
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Terms Used In Hawaii Revised Statutes 468L-5.6

  • Charter tour: means any travel services in which a travel agency contracts with an air carrier and offers for sale a charter, with or without related ground transportation or hotel accommodations. See Hawaii Revised Statutes 468L-1
  • Charter tour operator: means any person who sells or offers for sale charter tours, whether offered on a wholesale or retail basis, excluding any direct air carrier as defined by title 14, Code of Federal Regulations, section 380. See Hawaii Revised Statutes 468L-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 468L-1
  • Fraud: Intentional deception resulting in injury to another.
  • Travel agency: means any person who for compensation or other consideration, acts or attempts to act as an intermediary between a person seeking to purchase travel services and any person seeking to sell travel services. See Hawaii Revised Statutes 468L-1
(b) Upon a violation by a travel agency or charter tour operator of any law or rule relating to client trust accounts, the director may suspend or restrict the registration of the travel agency or charter tour operator as provided under § 436B-23. The director, as part of a proceeding brought under § 436B-23, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.
(c) A travel agency or charter tour operator that violates any provision of this chapter may be fined not more than $1,000 for each violation; provided that a charter tour operator also shall be assessed an administrative fine pursuant to section 468L-27 for any violation of that section.

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