§ 158-A — Prohibited practices by travel promoters

New York § 158-A

• Jurisdiction: New York
• Law GBS: General Business
• Art. 10-A: Truth In Travel Act

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§ 158-a. Prohibited practices by travel promoters. It shall be illegal\nfor any travel promoter and, if such travel promoter is a corporation,\nany officer or director thereof, to engage in any or all of the\nfollowing enumerated practices:\n 1. Offer free accommodations for more than one person and free travel\nfor one person when the charge for the travel of the additional person\nor persons is equal to or exceeds what would have been paid for the\ntotal number of travel tickets without utilizing the travel services\noffered by the travel promoter.\n 2. Use a merchant account number assigned to a merchant other than the\ntravel promoter providing or offering the travel service in order to\nprocess credit card charges and purchases.\n 3. Misrepresent the quality or kind of service, type or size of\naircraft, vehicle, ship or train, time of departure or arrival, points\nserved, route to be traveled, stops to be made, total trip-time from\npoint of departure to destination, type or size of lodging, time share\nor other accommodation, availability of lodging, time share or other\naccommodation, or other services available, reserved or contracted for\nin connection with any trip, tour or other travel services, unless such\nmisrepresentation was based upon a reasonable belief as to the services\navailable based upon representations made by the person, company,\ncorporation, common carrier or other entity offering such services.\n 4. Misrepresent the fares and charges for transportation or services\nin connection therewith, unless such misrepresentation was based upon a\nreasonable belief as to the fares and charges applicable based upon rep-\nresentations made by the person, company, corporation, common carrier or\nother entity offering such services.\n 5. Advertise or otherwise offer for sale or sell transportation or\nservices in connection therewith at less than the rates, fares and\ncharges specified in the currently effective tariffs of the carrier that\nis engaged to provide such transportation or services, or offer or give\nrebates or other concessions thereon, or assist or permit a person or\npersons to obtain such transportation or services at less than such\nlawful rates, fares and charges.\n 6. Misrepresent that special priorities for reservations are available\nwhen such special considerations are not in fact granted to members of\nthe public generally.\n 7. Sell transportation to a person or persons on a reservation or\ncharter basis for specified space, flight or time or represent that such\ndefinite reservation or charter is or will be available or has been\narranged, without a binding commitment with a carrier for the furnishing\nof such definite reservation or charter as represented or sold.\n 8. Sell or issue tickets or other documents to passengers to be\nexchanged or used for transportation if such tickets or other documents\nwill not be or cannot be legally honored by carriers for transportation.\n 9. Misrepresent the requirements that must be met by a person or\npersons in order to qualify for charter or group fare rates, unless such\nmisrepresentation was based upon a reasonable belief as to the\nrequirements applicable based upon representations made by the person,\ncompany, corporation, common carrier or other entity offering such\ncharter or group fare.\n