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This entry was published on 2014-09-22
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SECTION 158-A
Prohibited practices by travel promoters
General Business (GBS) CHAPTER 20, ARTICLE 10-A
§ 158-a. Prohibited practices by travel promoters. It shall be illegal
for any travel promoter and, if such travel promoter is a corporation,
any officer or director thereof, to engage in any or all of the
following enumerated practices:

1. Offer free accommodations for more than one person and free travel
for one person when the charge for the travel of the additional person
or persons is equal to or exceeds what would have been paid for the
total number of travel tickets without utilizing the travel services
offered by the travel promoter.

2. Use a merchant account number assigned to a merchant other than the
travel promoter providing or offering the travel service in order to
process credit card charges and purchases.

3. Misrepresent the quality or kind of service, type or size of
aircraft, vehicle, ship or train, time of departure or arrival, points
served, route to be traveled, stops to be made, total trip-time from
point of departure to destination, type or size of lodging, time share
or other accommodation, availability of lodging, time share or other
accommodation, or other services available, reserved or contracted for
in connection with any trip, tour or other travel services, unless such
misrepresentation was based upon a reasonable belief as to the services
available based upon representations made by the person, company,
corporation, common carrier or other entity offering such services.

4. Misrepresent the fares and charges for transportation or services
in connection therewith, unless such misrepresentation was based upon a
reasonable belief as to the fares and charges applicable based upon rep-
resentations made by the person, company, corporation, common carrier or
other entity offering such services.

5. Advertise or otherwise offer for sale or sell transportation or
services in connection therewith at less than the rates, fares and
charges specified in the currently effective tariffs of the carrier that
is engaged to provide such transportation or services, or offer or give
rebates or other concessions thereon, or assist or permit a person or
persons to obtain such transportation or services at less than such
lawful rates, fares and charges.

6. Misrepresent that special priorities for reservations are available
when such special considerations are not in fact granted to members of
the public generally.

7. Sell transportation to a person or persons on a reservation or
charter basis for specified space, flight or time or represent that such
definite reservation or charter is or will be available or has been
arranged, without a binding commitment with a carrier for the furnishing
of such definite reservation or charter as represented or sold.

8. Sell or issue tickets or other documents to passengers to be
exchanged or used for transportation if such tickets or other documents
will not be or cannot be legally honored by carriers for transportation.

9. Misrepresent the requirements that must be met by a person or
persons in order to qualify for charter or group fare rates, unless such
misrepresentation was based upon a reasonable belief as to the
requirements applicable based upon representations made by the person,
company, corporation, common carrier or other entity offering such
charter or group fare.