Note

Sections 468L-1 to 468L-12 designated as Part I by revisor.

§468L-1 Definitions. As used in this chapter:

"Advertisement" includes, but is not limited to, any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium.

"Charter tour" means any travel services in which a travel agency contracts with an air carrier and offers for sale a charter, with or without related ground transportation or hotel accommodations.

"Charter tour operator" means any person who sells or offers for sale charter tours, whether offered on a wholesale or retail basis, excluding any direct air carrier as defined by title 14, Code of Federal Regulations, section 380.2, as amended, or any other person to whom the provisions of this chapter do not apply.

"Consumer" means any purchaser of travel services other than a retailer or wholesaler of travel services.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Person" means any sole proprietorship, organization, trust, group, association, partnership, joint venture, corporation, limited liability company, limited liability partnership, society or other entity, or any combination of any of the foregoing.

"Qualified charter tour client trust assets" means cash or cash equivalents held by a bank or a similar federally-insured financial institution in one or more separate charter tour client trust accounts maintained in compliance with sections 468L-5 and 468L-23. Qualified charter tour client trust assets shall not be commingled with any other accounts, funds, or moneys held by a charter tour operator. Qualified charter tour client trust assets shall not include any of the following:

(1) Any notes receivable;

(2) Federal or state bonds or letters of credit; or

(3) Any other general or administrative expenditure that is not directly related to the payment for travel services.

"Qualified charter tour client trust liabilities" means all cash or cash equivalents received by a charter tour operator for travel services, and shall be accounted for in a charter tour trust liability account on the books and records of the charter tour operator.

"Qualified prepaid charter tour client trust assets" means the following cash expenditures for future travel services made in advance of the commencement of a charter tour advance payments for:

(1) Air transportation;

(2) Hotel accommodations; or

(3) Baggage handling or ground transportation charges.

"Travel agency" means any person who for compensation or other consideration, acts or attempts to act as an intermediary between a person seeking to purchase travel services and any person seeking to sell travel services.

"Travel services" includes transportation by air, sea, or rail; related ground transportation; hotel accommodations; or package tours, whether offered on a wholesale or retail basis. This chapter shall not apply to any hotel as defined under section 486K-1, or air carrier as defined by the Federal Aviation Act of 1958 (49 U.S.C.S. Appx §1301), as amended, for travel services for which they do not accept:

(1) Consumer moneys for services other than their own; or

(2) Commissions or any other form of consideration. [L 1991, c 285, pt of §1; am L 1992, c 199, §1; am L 1999, c 258, §§2, 4]