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This entry was published on 2014-09-22
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SECTION 157-A
Travel agreements
General Business (GBS) CHAPTER 20, ARTICLE 10-A
§ 157-a. Travel agreements. 1. When a person agrees, in response to a
solicitation by a travel promoter which is directed to the person
individually, to purchase membership in a travel club or to enter into
any travel services contract or other agreement to accept
transportation, lodging, an interest or investment in a time share plan,
travel investments, or other travel services, the travel promoter must
provide such purchaser with written disclosure of all limitations on and
terms of such purchase or agreement within five business days of the
date of the agreement. Such disclosure shall clearly and conspicuously
include:

a. the name, business address and telephone number of the travel
promoter;

b. the amount due, the date of payment, the purpose of the payment and
an itemized statement of the balance due, if any;

c. the name of the carrier with which the travel promoter has
contracted to provide the transportation, the type and size of carrier
to be used, and the date, time and place of each departure;

d. a detailed description of any other services provided in
conjunction with the transportation;

e. conditions, if any, upon which the travel services contract between
the travel promoter and the traveler may be cancelled, and the rights
and obligations of all parties in the event of such cancellation;

f. the conditions, if any, upon which the travel services contract
between the travel promoter and the carrier or other service provider
may be cancelled, and the rights and obligations of all parties in the
event of such cancellation; and

g. a description of all contingencies, limitations and/or conditions
of the agreement.

2. After receipt of full written disclosure, the purchaser may cancel
such an agreement until midnight of the third business day after the
disclosure is received by the purchaser, by use of the form prescribed
in subdivision three of this section; however, notice of cancellation
need not take the form prescribed and shall be sufficient if it
indicates the intention of the buyer not to be bound. Notice of
cancellation, if given by mail, shall be deemed given when deposited in
a mailbox, properly addressed and postage prepaid.

3. The written disclosure shall include, in addition to the
requirements of subdivision two of this section, the following statement
printed in capital and lower case letters of not less than ten point
bold faced type:

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR

OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS

DISCLOSURE.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED

COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR

SEND A TELEGRAM TO

(Name of Seller), AT (Address of seller)

______________________________ ___________________________

NOT LATER THAN

MIDNIGHT OF THE THIRD DAY

AFTER RECEIPT OF THIS

___________________________ DISCLOSURE

(Place of Business)

__________________________

__________________________

(Date)

I HEREBY CANCEL THIS TRANSACTION

(Date)

______________________________

(Purchaser's Signature)

4. Until the written disclosure required by subdivision one of this
section has been received, the purchaser may cancel the agreement by
notifying the travel promoter in any manner and by any means of his or
her intention to cancel.

5. Within ten days after notice of cancellation is given, the travel
promoter shall refund to the purchaser concerned any payments made by
such purchaser; such refund may be made by reaccrediting the purchaser's
charge account if a credit card was used to make a payment and if the
travel promoter informs the purchaser in writing that the charge account
has been reaccredited.

6. If the travel promoter fails within the period prescribed by
subdivision five of this section to return all payments made by a
purchaser, he or she shall be liable to the purchaser for such payments.
If the purchaser is successful in an action to enforce any provision of
this section or section one hundred fifty-eight-a of this article or
appeal thereon, the court shall award the purchaser one hundred dollars
and may award reasonable attorney's fees and costs, in addition to any
other remedy.

7. The obligations imposed by this section shall be in addition to and
not in derogation of the requirements of any other law.