§468L-7.5 Prohibited acts. No travel agency or charter tour operator shall engage in any of the following:

(1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter;

(2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators;

(3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators;

(4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter;

(5) Misrepresenting the consumer's right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter;

(6) Failing to provide a written statement to the consumer containing specific information as required by section 468L-4;

(7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L-7;

(8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators;

(9) Promoting travel for prostitution;

(10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:

(A) For the purpose of engaging in a commercial sexual act;

(B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or

(C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or

(11) Otherwise violating any of the provisions of this chapter or its rules.

For purposes of paragraph (10):

"Commercial sexual act" means any sexual contact, as defined in section 707-700, for which anything of value is given to or received by any person.

"Sexual act" means any sexual contact as defined in section 707-700. [L 2001, c 62, pt of §2; am L 2004, c 82, §3]

Cross References

Promoting travel for prostitution, class C felony offense, see §712-1208.