§ 127 — Unlawful acts relating to passage tickets, reservations or passenger accommodations

§ 127. Unlawful acts relating to passage tickets, reservations or\npassenger accommodations. 1. Definitions. Whenever used in this section\n a. The term "established tariff charge" is the charge set forth in the\ntariff as published and filed by the railroad, parlor or sleeping car\nowner or operator, steamship company, air line or bus line involved.\n b. The term "passage ticket" includes each passage ticket or\ncombination of tickets issued by any railroad, parlor or sleeping car\nowner or operator, steamship company, air line or bus line, required by\nany one passenger for transportation from his original point of\ndeparture to final destination.\n c. The term "reservation or passenger accommodation" includes each\nreservation or passenger accommodation issued by any railroad, parlor or\nsleeping car owner or operator, steamship company, air line or bus line,\nfor the use of a passenger between his original point of departure and\nfinal destination.\n d. The term "charge" shall include any service charge, fee, payment or\nconsideration required, charged, made or received for rendering the\nservice of procuring or transferring a ticket, reservation or passenger\naccommodation.\n e. The terms "procure" and "procurement" shall include procuring by\npurchase or otherwise.\n 2. Any person, whether acting on behalf of himself or another person,\nwho\n a. Sells, resells, or causes to be resold, or offers to sell or\nresell, any ticket, reservation or passenger accommodation, at a price\nin excess of one dollar above the established tariff charge or charges\ntherefor; or\n b. Procures or possesses or offers to procure any ticket, reservation\nor passenger accommodation, with the intent to sell or resell the same,\nor to cause the same to be sold or resold, at a price in excess of one\ndollar above the established tariff charge or charges; or\n c. Requires, makes or receives a charge in excess of one dollar for\nthe procurement or transfer of a ticket, reservation or passenger\naccommodation; or\n d. Procures or possesses or offers to procure a ticket, reservation or\npassenger accommodation, with the intent to require, make or receive a\ncharge therefor in excess of one dollar, shall be guilty of a\nmisdemeanor.\n 3. Proof of the sale or resale of or offer to sell or resell a ticket,\nreservation or passenger accommodation at a price in excess of the\namount or amounts herein specified, shall be presumptive evidence of the\nintent specified in subdivision (b) of paragraph two hereof.\n 4. Proof of the making or receiving of any charge in excess of one\ndollar shall be presumptive evidence of the intent specified in\nsubdivision (d) in paragraph two hereof.\n 5. The person responsible for the management of each travel agency and\nhotel operating within the state of New York shall, within thirty days\nafter its enactment, cause a copy of this section to be posted in a\nconspicuous place upon the premises of the agency or hotel for the\ninformation of patrons, guests and members of the public at large.\n 6. This section shall not apply to tickets, reservations or passenger\naccommodations (a) to or from places outside the continental United\nStates and Canada, excluding Alaska nor (b) to existing written\ncontracts between any travel agency and any corporation, firm or\ngovernment agency covering tourist or travel services.\n