No travel agency or charter tour operator shall engage in any of the following:

(1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter;

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Terms Used In Hawaii Revised Statutes 468L-7.5

  • 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
  • Consumer: means any purchaser of travel services other than a retailer or wholesaler of travel services. See Hawaii Revised Statutes 468L-1
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 468L-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 468L-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means any sole proprietorship, organization, trust, group, association, partnership, joint venture, corporation, limited liability company, limited liability partnership, society or other entity, or any combination of any of the foregoing. See Hawaii Revised Statutes 468L-1
  • 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
  • Travel services: includes transportation by air, sea, or rail; related ground transportation; hotel accommodations; or package tours, whether offered on a wholesale or retail basis. See Hawaii Revised Statutes 468L-1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators;
(3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators;
(4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter;
(5) Misrepresenting the consumer‘s right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter;
(6) Failing to provide a written statement to the consumer containing specific information as required by § 468L-4;
(7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L-7;
(8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators;
(9) Promoting travel for prostitution;
(10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:

(A) For the purpose of engaging in a commercial sexual act;
(B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or
(C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or
(11) Otherwise violating any of the provisions of this chapter or its rules.

For purposes of paragraph (10):

“Commercial sexual act” means any sexual contact, as defined in § 707-700, for which anything of value is given to or received by any person.

“Sexual act” means any sexual contact as defined in § 707-700.