§ 17550.17. — 17550.17. (Amended by Stats. 2006, Ch. 628, Sec. 4.)

California § 17550.17.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 7.: DIVISION 7. GENERAL BUSINESS REGULATIONS
• Part 3.: PART 3. REPRESENTATIONS TO THE PUBLIC
• Ch. 1.: CHAPTER 1. Advertising
• Art. 2.6.: ARTICLE 2.6. Sellers of Travel

Text

(a)
This section does not apply to sellers of travel who are exempt from the requirements of Section 17550.15 pursuant to Section 17550.16.
(b)
Upon payment in full by the passenger for air or sea transportation and any related services with a credit card or with cash, the seller of travel shall issue and deliver the ticket or voucher to the passenger or his or her designated agent within 72 hours.
(c)
Upon
payment in full by the passenger for air or sea transportation and any related services with a check, the seller of travel shall issue and deliver the ticket or voucher to the passenger or his or her designated agent within 72 hours of the earlier of the following:
(1)
The time the passenger’s payment is credited to the seller of travel’s account.
(2)
The expiration of the maximum hold period specified in Section 10.190405 of Title 10 of the California Code of Regulations.
(d)
Tickets, vouchers, or receipts shall be deemed to have been delivered if they have been turned over to an independent third-party delivery service or the United States Postal Service for regular delivery.
(e)
If the seller of travel is unable to issue tickets or vouchers upon
payment as set forth in subdivisions (b) and (c), the seller of travel may comply with this section by taking either of the following actions:
(1)
Timely forwarding to the air or sea carrier or provider of travel services, the portion of the sum paid by the passenger that is required by the air or sea carrier or provider of travel services from the seller of travel in order to provide the transportation or services purchased by that passenger and sending to the passenger within five business days of the date of the purchase or before the date of the passenger’s departure, whichever occurs first, a receipt describing the transportation and services that were purchased. The seller of travel may not offset or reduce the amount forwarded by any amounts due or claimed in connection with any other transaction.
(2)
Complying with Sections 17550.13, 17550.14, and 17550.15.
(f)
There is no violation of this section if compliance with this section was rendered impossible as a direct result of an unforeseen condition beyond the control of the seller of travel, and the seller of travel complied with this section or made restitution to the passenger within 30 days after the transportation or travel services purchased by the passenger were not provided.
(g)
For purposes of this section, “72 hours” means three business days as defined in Section 9 of the Civil Code.

Legislative History

Amended by Stats. 2006, Ch. 628, Sec. 4. Effective January 1, 2007.