§ 157 — Definitions

§ 157. Definitions. 1. "Travel consultant" means any person, firm,\ncorporation, partnership or association, other than a common carrier or\nemployee of a common carrier, who as principal or agent, sells or offers\nfor sale any travel tickets or orders for transportation, or negotiates\nfor or holds himself out by solicitation, advertisement or otherwise as\none who sells, provides, furnishes contracts or arranges for such travel\ntickets or orders for transportation.\n For the purposes of this article, "carrier" means any person, firm,\ncorporation, partnership or association engaged in the business of\ntransporting persons for hire.\n 2. "Travel promoter" means any person, firm, corporation, partnership\nor association, other than a common carrier or employee of a common\ncarrier, who is primarily engaged in the direct solicitation of persons,\nby mail or telephone, for the sale of any travel or vacation\ninvestments, goods, products, or services, including, but not limited to\ntravel or tour benefits, real property, interests in real property, time\nshares, lodging, commodities, or securities. For purposes of this\narticle, a "travel promoter" does not include:\n a. A person, firm, corporation, partnership or association that is an\nofficially appointed agent of a common carrier and meets standards no\nless than those required on January first, nineteen hundred eighty-nine,\nfor authorized agents of the airline reporting corporation.\n b. A person, firm, corporation, partnership or association that is a\nregistered member in good standing of the Cruise Lines International\nAssociation and who solely solicits and/or sells travel services and\nproducts as an officially appointed agent of one or more ocean carriers\nin the sale of the ocean carrier's travel services pursuant to the\nagency appointment.\n c. A broker-dealer registered with the securities and exchange\ncommission or the department of law who is engaged in the sale of\nsecurities or commodities or sale or rental of real estate pursuant to\nits registration.\n 3. "Travel services" means transportation, accommodations in lodgings\nsuch as hotels, motels or motor courts, rental of motor vehicles, or any\nother service related to travel. For purposes of this article, "travel\nservices" shall include investments in time shares.\n 4. "Time share" means an interest in any arrangement, plan, scheme, or\nsimilar device, whether by membership, agreement, tenancy in common,\nsale, lease, deed, rental agreement, license, or right-to-use agreement\nor by any other means, whereby three or more purchasers, in exchange for\na consideration, receive ownership rights in or a right to use the same\naccommodations or facilities in real property, or both, for different\nintervals of less than a full year during any given year, but not\nnecessarily for consecutive years, and which extend for a period of more\nthan three years or which, for nominal consideration, may be renewed to\ncontinue for a period of more than three years.\n 5. "Merchant account number" means an identifying number given by a\ncredit card issuer to a merchant for purposes of identifying the\nmerchant in the processing of credit card charges and purchases.\n