§ 157-a. Travel agreements.
1.When a person agrees, in response to a\nsolicitation by a travel promoter which is directed to the person\nindividually, to purchase membership in a travel club or to enter into\nany travel services contract or other agreement to accept\ntransportation, lodging, an interest or investment in a time share plan,\ntravel investments, or other travel services, the travel promoter must\nprovide such purchaser with written disclosure of all limitations on and\nterms of such purchase or agreement within five business days of the\ndate of the agreement. Such disclosure shall clearly and conspicuously\ninclude:\n a. the name, business address and telephone number of the travel\npromoter;\n b. the amount due, the date of payment, the purpose of the payment and\nan i
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§ 157-a. Travel agreements. 1. When a person agrees, in response to a\nsolicitation by a travel promoter which is directed to the person\nindividually, to purchase membership in a travel club or to enter into\nany travel services contract or other agreement to accept\ntransportation, lodging, an interest or investment in a time share plan,\ntravel investments, or other travel services, the travel promoter must\nprovide such purchaser with written disclosure of all limitations on and\nterms of such purchase or agreement within five business days of the\ndate of the agreement. Such disclosure shall clearly and conspicuously\ninclude:\n a. the name, business address and telephone number of the travel\npromoter;\n b. the amount due, the date of payment, the purpose of the payment and\nan itemized statement of the balance due, if any;\n c. the name of the carrier with which the travel promoter has\ncontracted to provide the transportation, the type and size of carrier\nto be used, and the date, time and place of each departure;\n d. a detailed description of any other services provided in\nconjunction with the transportation;\n e. conditions, if any, upon which the travel services contract between\nthe travel promoter and the traveler may be cancelled, and the rights\nand obligations of all parties in the event of such cancellation;\n f. the conditions, if any, upon which the travel services contract\nbetween the travel promoter and the carrier or other service provider\nmay be cancelled, and the rights and obligations of all parties in the\nevent of such cancellation; and\n g. a description of all contingencies, limitations and/or conditions\nof the agreement.\n 2. After receipt of full written disclosure, the purchaser may cancel\nsuch an agreement until midnight of the third business day after the\ndisclosure is received by the purchaser, by use of the form prescribed\nin subdivision three of this section; however, notice of cancellation\nneed not take the form prescribed and shall be sufficient if it\nindicates the intention of the buyer not to be bound. Notice of\ncancellation, if given by mail, shall be deemed given when deposited in\na mailbox, properly addressed and postage prepaid.\n 3. The written disclosure shall include, in addition to the\nrequirements of subdivision two of this section, the following statement\nprinted in capital and lower case letters of not less than ten point\nbold faced type:\n YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR\n OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS\n DISCLOSURE.\n TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED\n COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR\n SEND A TELEGRAM TO\n (Name of Seller), AT (Address of seller)\n ______________________________ ___________________________\n NOT LATER THAN\n MIDNIGHT OF THE THIRD DAY\n AFTER RECEIPT OF THIS\n ___________________________ DISCLOSURE\n (Place of Business)\n __________________________\n __________________________\n (Date)\n I HEREBY CANCEL THIS TRANSACTION\n (Date)\n ______________________________\n (Purchaser's Signature)\n 4. Until the written disclosure required by subdivision one of this\nsection has been received, the purchaser may cancel the agreement by\nnotifying the travel promoter in any manner and by any means of his or\nher intention to cancel.\n 5. Within ten days after notice of cancellation is given, the travel\npromoter shall refund to the purchaser concerned any payments made by\nsuch purchaser; such refund may be made by reaccrediting the purchaser's\ncharge account if a credit card was used to make a payment and if the\ntravel promoter informs the purchaser in writing that the charge account\nhas been reaccredited.\n 6. If the travel promoter fails within the period prescribed by\nsubdivision five of this section to return all payments made by a\npurchaser, he or she shall be liable to the purchaser for such payments.\nIf the purchaser is successful in an action to enforce any provision of\nthis section or section one hundred fifty-eight-a of this article or\nappeal thereon, the court shall award the purchaser one hundred dollars\nand may award reasonable attorney's fees and costs, in addition to any\nother remedy.\n 7. The obligations imposed by this section shall be in addition to and\nnot in derogation of the requirements of any other law.\n