§468L-7  Consumer's rights.  (a)  Any
travel agency registered under this chapter shall have the following
obligations to any consumer who purchases travel services from the travel
agency:



(1)  The consumer shall have the right to be informed
by the travel agency, prior to the purchase of any travel services from the
travel agency, of any limitations, conditions, events, circumstances, or any
other business or commercial factors that may affect the availability of the
travel services and the ability of the consumer to obtain a refund of moneys
paid for the travel services;



(2)  The consumer shall have the right to rely on any
promises, guarantees, representations, or information provided by the travel
agency, regarding travel services, including but not limited to, the
availability of travel services offered or sold by the travel agency, the
conditions for obtaining a refund of moneys paid for the travel services, and
the nature or quality of the travel services provided;



(3)  The consumer shall have the right to have the
travel agency fulfill any term or condition of the contract for travel services
between the consumer and the travel agency, whether the term or condition was
made in writing or otherwise by the travel agency;



(4)  The consumer shall have the right to have the
travel agency fulfill any promises, guarantees, or representations made
regarding travel services, whether the promises, guarantees, or representations
are made by the travel agency in written or verbal form;



(5)  The consumer shall have the right to be informed
of all conditions, if any, upon which the contract between the travel promoter
and the entity providing the transportation or related services may be
cancelled, and the respective rights and obligations of all parties in the event
of cancellation;



(6)  The consumer shall have the right to obtain the
ticket or other similar documentation binding upon the ultimate provider of the
travel services from the travel agency, upon making full payment to the travel
agency for the travel services purchased; and



(7)  The consumer shall have the right to a refund,
within fourteen calendar days from the date the refund is requested, of all
moneys paid to a travel agency for travel services not performed in accordance
with the contract for travel services, less any of the following amounts:



(A)  Any amounts for cancellation fees that
were previously disclosed to the consumer; and



(B)  Any amounts held by the ultimate provider
of the travel services, or by a representative of the ultimate provider of
travel services that the travel agent was required to contract with by the
ultimate provider.



(b)  The travel agency shall provide a written
disclosure of the consumer's rights under this section to the consumer no later
than at the time the travel agency issues the ticket for travel services to the
consumer; provided that in the case of repeat customers or business accounts
the disclosure need only be given once and except as otherwise provided by
rule.



(c)  The department may develop a form for the written
disclosure of consumer rights under this chapter, and if such form is
developed, all travel agencies who have not obtained approval from the
department to use a form developed by the travel agency shall utilize the
department's form in order to comply with the provisions of this section. [L
1991, c 285, pt of §1; am L 1992, c 157, §4]