[PART I. 
GENERAL PROVISIONS]



 



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]