2013 New York Consolidated Laws
GBS - General Business
Article 10-A - (155 - 159-A) TRUTH IN TRAVEL ACT
157-A - Travel agreements.


NY Gen Bus L § 157-A (2012) What's This?
 
    §  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.

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