Title 25, Professions And Occupations

§468L-2 Registration and renewal. (a) A travel agency shall register with the director prior to engaging in the business of selling or advertising to sell travel services. (b) Each travel agency shall renew its registration on or before December 31 of each odd-numbered year. A st…

[§468L-2.5] Denial of registration. The director may deny the registration of any travel agency or charter tour operator when a travel agency or charter tour operator, its directors, officers, owners, members, managers, or general partners:

[§468L-2.6] Revocation, suspension, and renewal of registration. In addition to any other action authorized by law, the director may revoke, suspend, or refuse to renew the registration of any travel agency or charter tour operator that violates this chapter. [L 2001, c 62, pt of…

[PART II. CHARTER TOUR OPERATORS] [§468L-21] Charter tour operator registration as travel agency required. (a) No person shall engage in the business of a charter tour operator unless that person has registered as a travel agency with the director under section 468L-2 and complie…

[§468L-22] Charter tour operator financial performance requirements. (a) The department shall not approve the initial registration or the renewal of registration of a travel agency that wishes to engage in the business of a charter tour operator and to operate not more than six c…

[§468L-23] Charter tour client trust account. Every travel agency engaged in the business of a charter tour operator shall establish and maintain a separate charter tour client trust account solely for the purpose of the travel agency's charter tour business. The charter tour cli…

[§468L-24] Maintenance of charter tour operator accounts. (a) Every charter tour operator shall maintain adequate books and records that provide for a proper accounting of total qualified charter tour client trust assets and qualified charter tour client trust liabilities for all…

[§468L-25] Maintenance of qualified charter tour client trust assets by charter tour operators. A charter tour operator shall regularly maintain qualified charter tour client trust assets in an amount which is equal to or exceeds the qualified charter tour client trust liabilitie…

[§468L-26] Quarterly report filing requirements for charter tour operators. Not later than forty-five days after the end of each quarter, each registered travel agency engaging in the business of a charter tour operator, at its own expense, shall file a quarterly report that shal…

[§468L-27] Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies. (a) Any registered travel agency engaged in the business of a charter tour operator which fails to file any report required to be filed under this chapter…

[§468L-28] Audit of charter tour operators. (a) The department may audit the records of any charter tour operator with respect to its funds. For that purpose, the department shall have free access to the office and places of business of the charter tour operator. Notwithstanding …

[§468L-29] Violation of charter tour operator provisions. Without limitation to any other remedies or penalties that may be applicable, any person who knowingly accepts moneys for charter tours without being registered as a travel agency in compliance with this chapter, or any ch…

[§468L-3] Powers and duties of the director. The director shall have the following powers and duties:

§468L-4 Statement required to be furnished to consumer. A travel agency shall not receive money or other valuable consideration in payment for travel services, unless at the time of receipt of money or other valuable consideration, the travel agency furnishes to the consumer maki…

§468L-5 Client trust accounts; maintenance of and withdrawal from such accounts. (a) Within five business days of receipt, all travel agencies shall deposit all sums received from a consumer, for travel services offered by the travel agency in a trust account maintained in a fede…

[§468L-5.5] Recordkeeping requirements for client trust accounts. (a) A travel agency or charter tour operator shall maintain all books and records necessary to comply with this chapter and its rules. (b) A travel agency or charter tour operator shall keep and maintain for a peri…

[§468L-5.6] Violations; summary suspension; penalties. (a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator. (b…

[§468L-5.7] Court action for failure to maintain client trust accounts. (a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [46…

[§468L-6] Disclosure on airline awards. (a) In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader: (b) Fo…

§468L-7 Consumer's rights. (a) Any travel agency registered under this chapter shall have the following obligations to any consumer who purchases travel services from the travel agency: (b) The travel agency shall provide a written disclosure of the consumer's rights under this s…

§468L-7.5 Prohibited acts. No travel agency or charter tour operator shall engage in any of the following: For purposes of paragraph (10): "Commercial sexual act" means any sexual contact, as defined in section 707-700, for which anything of value is given to or received by any p…

[§468L-8] Restitution. Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1991, c 285, pt …

[§468L-9] Injunctions. In any civil proceedings brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1991, c 285, pt of §1]