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This entry was published on 2014-09-22
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SECTION 157
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 10-A
§ 157. Definitions. 1. "Travel consultant" means any person, firm,
corporation, partnership or association, other than a common carrier or
employee of a common carrier, who as principal or agent, sells or offers
for sale any travel tickets or orders for transportation, or negotiates
for or holds himself out by solicitation, advertisement or otherwise as
one who sells, provides, furnishes contracts or arranges for such travel
tickets or orders for transportation.

For the purposes of this article, "carrier" means any person, firm,
corporation, partnership or association engaged in the business of
transporting persons for hire.

2. "Travel promoter" means any person, firm, corporation, partnership
or association, other than a common carrier or employee of a common
carrier, who is primarily engaged in the direct solicitation of persons,
by mail or telephone, for the sale of any travel or vacation
investments, goods, products, or services, including, but not limited to
travel or tour benefits, real property, interests in real property, time
shares, lodging, commodities, or securities. For purposes of this
article, a "travel promoter" does not include:

a. A person, firm, corporation, partnership or association that is an
officially appointed agent of a common carrier and meets standards no
less than those required on January first, nineteen hundred eighty-nine,
for authorized agents of the airline reporting corporation.

b. A person, firm, corporation, partnership or association that is a
registered member in good standing of the Cruise Lines International
Association and who solely solicits and/or sells travel services and
products as an officially appointed agent of one or more ocean carriers
in the sale of the ocean carrier's travel services pursuant to the
agency appointment.

c. A broker-dealer registered with the securities and exchange
commission or the department of law who is engaged in the sale of
securities or commodities or sale or rental of real estate pursuant to
its registration.

3. "Travel services" means transportation, accommodations in lodgings
such as hotels, motels or motor courts, rental of motor vehicles, or any
other service related to travel. For purposes of this article, "travel
services" shall include investments in time shares.

4. "Time share" means an interest in any arrangement, plan, scheme, or
similar device, whether by membership, agreement, tenancy in common,
sale, lease, deed, rental agreement, license, or right-to-use agreement
or by any other means, whereby three or more purchasers, in exchange for
a consideration, receive ownership rights in or a right to use the same
accommodations or facilities in real property, or both, for different
intervals of less than a full year during any given year, but not
necessarily for consecutive years, and which extend for a period of more
than three years or which, for nominal consideration, may be renewed to
continue for a period of more than three years.

5. "Merchant account number" means an identifying number given by a
credit card issuer to a merchant for purposes of identifying the
merchant in the processing of credit card charges and purchases.