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This entry was published on 2014-09-22
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SECTION 127
Unlawful acts relating to passage tickets, reservations or passenger accommodations
General Business (GBS) CHAPTER 20, ARTICLE 9-A
§ 127. Unlawful acts relating to passage tickets, reservations or
passenger accommodations. 1. Definitions. Whenever used in this section

a. The term "established tariff charge" is the charge set forth in the
tariff as published and filed by the railroad, parlor or sleeping car
owner or operator, steamship company, air line or bus line involved.

b. The term "passage ticket" includes each passage ticket or
combination of tickets issued by any railroad, parlor or sleeping car
owner or operator, steamship company, air line or bus line, required by
any one passenger for transportation from his original point of
departure to final destination.

c. The term "reservation or passenger accommodation" includes each
reservation or passenger accommodation issued by any railroad, parlor or
sleeping car owner or operator, steamship company, air line or bus line,
for the use of a passenger between his original point of departure and
final destination.

d. The term "charge" shall include any service charge, fee, payment or
consideration required, charged, made or received for rendering the
service of procuring or transferring a ticket, reservation or passenger
accommodation.

e. The terms "procure" and "procurement" shall include procuring by
purchase or otherwise.

2. Any person, whether acting on behalf of himself or another person,
who

a. Sells, resells, or causes to be resold, or offers to sell or
resell, any ticket, reservation or passenger accommodation, at a price
in excess of one dollar above the established tariff charge or charges
therefor; or

b. Procures or possesses or offers to procure any ticket, reservation
or passenger accommodation, with the intent to sell or resell the same,
or to cause the same to be sold or resold, at a price in excess of one
dollar above the established tariff charge or charges; or

c. Requires, makes or receives a charge in excess of one dollar for
the procurement or transfer of a ticket, reservation or passenger
accommodation; or

d. Procures or possesses or offers to procure a ticket, reservation or
passenger accommodation, with the intent to require, make or receive a
charge therefor in excess of one dollar, shall be guilty of a
misdemeanor.

3. Proof of the sale or resale of or offer to sell or resell a ticket,
reservation or passenger accommodation at a price in excess of the
amount or amounts herein specified, shall be presumptive evidence of the
intent specified in subdivision (b) of paragraph two hereof.

4. Proof of the making or receiving of any charge in excess of one
dollar shall be presumptive evidence of the intent specified in
subdivision (d) in paragraph two hereof.

5. The person responsible for the management of each travel agency and
hotel operating within the state of New York shall, within thirty days
after its enactment, cause a copy of this section to be posted in a
conspicuous place upon the premises of the agency or hotel for the
information of patrons, guests and members of the public at large.

6. This section shall not apply to tickets, reservations or passenger
accommodations (a) to or from places outside the continental United
States and Canada, excluding Alaska nor (b) to existing written
contracts between any travel agency and any corporation, firm or
government agency covering tourist or travel services.