N.Y. General Business Law 158-A – Prohibited practices by travel promoters
§ 158-a. Prohibited practices by travel promoters. 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:
Terms Used In N.Y. General Business Law 158-A
- 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. 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.