N.Y. General Business Law § 127: Unlawful acts relating to passage tickets, reservations or passenger accommodations

§ 127. Unlawful acts relating to passage tickets, reservations or

passenger accommodations. 1. Definitions. Whenever used in this section

a. The term "established tariff charge" is the charge set forth in the

tariff as published and filed by the railroad, parlor or sleeping car

owner or operator, steamship company, air line or bus line involved.

b. The term "passage ticket" includes each passage ticket or

combination of tickets issued by any railroad, parlor or sleeping car

owner or operator, steamship company, air line or bus line, required by

any one passenger for transportation from his original point of

departure to final destination.

c. The term "reservation or passenger accommodation" includes each

reservation or passenger accommodation issued by any railroad, parlor or

sleeping car owner or operator, steamship company, air line or bus line,

for the use of a passenger between his original point of departure and

final destination.

d. The term "charge" shall include any service charge, fee, payment or

consideration required, charged, made or received for rendering the

service of procuring or transferring a ticket, reservation or passenger

accommodation.

e. The terms "procure" and "procurement" shall include procuring by

purchase or otherwise.

2. Any person, whether acting on behalf of himself or another person,

who

a. Sells, resells, or causes to be resold, or offers to sell or

resell, any ticket, reservation or passenger accommodation, at a price

in excess of one dollar above the established tariff charge or charges

therefor; or

b. Procures or possesses or offers to procure any ticket, reservation

or passenger accommodation, with the intent to sell or resell the same,

or to cause the same to be sold or resold, at a price in excess of one

dollar above the established tariff charge or charges; or

c. Requires, makes or receives a charge in excess of one dollar for

the procurement or transfer of a ticket, reservation or passenger

accommodation; or

d. Procures or possesses or offers to procure a ticket, reservation or

passenger accommodation, with the intent to require, make or receive a

charge therefor in excess of one dollar, shall be guilty of a

misdemeanor.

3. Proof of the sale or resale of or offer to sell or resell a ticket,

reservation or passenger accommodation at a price in excess of the

amount or amounts herein specified, shall be presumptive evidence of the

intent specified in subdivision (b) of paragraph two hereof.

4. Proof of the making or receiving of any charge in excess of one

dollar shall be presumptive evidence of the intent specified in

subdivision (d) in paragraph two hereof.

5. The person responsible for the management of each travel agency and

hotel operating within the state of New York shall, within thirty days

after its enactment, cause a copy of this section to be posted in a

conspicuous place upon the premises of the agency or hotel for the

information of patrons, guests and members of the public at large.

6. This section shall not apply to tickets, reservations or passenger

accommodations (a) to or from places outside the continental United

States and Canada, excluding Alaska nor (b) to existing written

contracts between any travel agency and any corporation, firm or

government agency covering tourist or travel services.