N.Y. General Business Law § 158-a: Prohibited practices by travel promoters

§ 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.