PRINTER'S NO. 3934
No. 2931 Session of 1994
INTRODUCED BY GODSHALL, ROONEY, CESSAR, MAITLAND, FICHTER, LAUB, WOZNIAK, MELIO, PETTIT, ROEBUCK, RAYMOND, HASAY, BELFANTI, OLASZ, SATHER, HENNESSEY, YOUNGBLOOD, LAUGHLIN, TRELLO, MERRY, DEMPSEY, COLAIZZO, FAJT AND HERSHEY, JUNE 16, 1994
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 16, 1994
AN ACT 1 Providing for the regulation of travel promoters; requiring that 2 certain bonds be secured for the benefit of customers; 3 requiring bank deposits; and providing penalties. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Travel 8 Promoters Regulation Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Adequate bond." A corporate bond of an amount at least 14 equal to the amount required under the contract between the 15 travel promoter and the transportation carrier or company or 16 person providing other services in conjunction with 17 transportation.
1 "Advertise." To make a representation in the solicitation of 2 air, sea or land transportation. The term includes communication 3 with other members of the same partnership, corporation, joint 4 venture, association, organization, group or other entity. 5 "Air carrier." A transporter of persons by air which is 6 subject to regulation as such by a governmental agency. 7 "Land carrier." A transporter of persons by land which is 8 subject to regulation as such by a governmental agency. 9 "Passenger." A person on whose behalf money or other 10 consideration has been given or is to be given to another, 11 including another member of the same partnership, corporation, 12 joint venture, association, organization, group or other entity, 13 for travel by air, land or sea. 14 "Travel promoter." A person or any business entity whose 15 principal business is to sell, provide, furnish, contract for, 16 arrange or advertise for a fee, commission or salary that the 17 person or business entity can or may arrange, or has arranged, 18 air, land or sea transportation, either separately or in 19 conjunction with other services, including, but not limited to, 20 lodging, food, tour guides or instruction. The term does not 21 include: 22 (1) an air carrier; 23 (2) an ocean carrier; or 24 (3) an officially appointed agent of an air carrier or 25 ocean carrier. 26 Section 3. Legislative findings. 27 The General Assembly finds and declares as follows: 28 (1) Certain advertising, sales and business practices of 29 travel promoters have worked financial hardship upon the 30 people of this Commonwealth. 19940H2931B3934 - 2 -
1 (2) The travel business has a significant impact upon 2 the economy and well-being of this Commonwealth and its 3 people. 4 (3) Problems have arisen which are peculiar to the 5 travel promoter business. 6 (4) The public welfare requires regulation of travel 7 promoters in order to eliminate unfair advertising, sales and 8 business practices. 9 (5) Standards are needed which will safeguard the people 10 against financial hardship and to encourage competition, fair 11 dealing and prosperity in the travel business. 12 Section 4. Advertisements. 13 (a) Registration number required.--All price-related 14 advertisements placed by a travel promoter shall display or 15 contain the registration number of the travel promoter assigned 16 by the Attorney General under section 8(d). 17 (b) Restriction.--A travel promoter shall not advertise that 18 air, land or sea transportation, or any combination thereof, is 19 or may be available unless he has, prior to the advertisement, 20 contracted for the transportation advertised with an air, land 21 or sea carrier. 22 Section 5. Information required. 23 A travel promoter shall not receive money or other valuable 24 consideration in payment for air, land or sea transportation or 25 other services offered by the travel promoter in conjunction 26 with this transportation unless, at the time of the receipt of 27 payment, the travel promoter furnishes to the person making the 28 payment a written statement conspicuously setting forth the 29 following information: 30 (1) The name, business address and telephone number of 19940H2931B3934 - 3 -
1 the travel promoter. 2 (2) The amount paid, the date of payment, the purpose of 3 the payment made and an itemized statement of the balance 4 due, if any. 5 (3) The location and number of the trust account or bond 6 required by this act. 7 (4) The name of the carrier with which the travel 8 promoter has contracted to provide the transportation, the 9 type of equipment to be used, and the date, time and place of 10 each departure. 11 (5) The conditions, if any, upon which the contract 12 between the travel promoter and the passenger may be 13 canceled, and the rights and obligations of all parties in 14 the event of a cancellation. 15 (6) The conditions, if any, upon which the contract 16 between the travel promoter and the carrier may be canceled, 17 and the rights and obligations of all parties in the event of 18 a cancellation. 19 (7) A statement in eight-point boldface type that, upon 20 cancellation of the transportation through no fault of the 21 passenger, all sums paid to the travel promoter for services 22 not performed in accordance with the contract between the 23 travel promoter and the passenger will be, unless the 24 passenger otherwise advises the travel promoter in writing, 25 promptly refunded by the travel promoter to the passenger or 26 the party who contracted for the passenger. 27 Section 6. Cancellation and refunds. 28 (a) Refunds.--In the event the transportation contracted for 29 is canceled through no fault of the passenger, and unless the 30 passenger otherwise advises the travel promoter in writing, the 19940H2931B3934 - 4 -
1 travel promoter shall promptly return to the passenger all 2 moneys paid for services not performed and goods not delivered 3 in accordance with the contract. 4 (b) Misrepresentation.--Any material misrepresentation with 5 respect to the date, time, place of all departures or arrivals 6 or type of aircraft or land or ocean carrier or similar 7 occurrence shall be subject to cancellation by the consumer, 8 which will require the refund specified in this section. 9 Section 7. Bond required. 10 (a) Condition of engaging in business.--A travel promoter 11 who elects not to establish a trust account under section 8 12 shall maintain an adequate bond in force in the proper amount as 13 a condition of continuing to engage in business. 14 (b) Damages.--The people of this Commonwealth and every 15 person injured by the wrongful act of the principal acting in 16 the course and scope of his occupation or business, or by any 17 official, agent or employee of a principal acting in the course 18 or scope of his employment or agency, may bring an action on the 19 bond in his own name to recover damages suffered by reason of 20 the willful, malicious or wrongful act. 21 (c) Amount of recovery.--No person so injured may recover 22 upon the bond a sum greater than that which the person paid to 23 the principal. This limitation shall not restrict the person 24 from recovering sums greater than those paid to the principal 25 from sources other than the bond. In no event shall the 26 aggregate liability of the surety company for any and all claims 27 which arise under the bond exceed the amount of the bond. 28 Section 8. Deposit for money paid over. 29 (a) Amount of deposit.--A travel promoter shall deposit 90% 30 of all sums received for air, land or sea transportation or any 19940H2931B3934 - 5 -
1 other services or goods offered by the travel promoter in 2 conjunction with such transportation in a trust account in a 3 State-chartered bank, bank and trust company, savings bank, 4 national bank, a federally chartered or State-chartered savings 5 and loan association or a federally chartered savings bank. 6 (b) Trust account.--The trust account required by this 7 section shall be created and maintained for the benefit of the 8 persons paying money to the travel promoter. The travel promoter 9 shall not in any manner encumber the corpus of the account and 10 shall not withdraw money therefrom except: 11 (1) in partial or full payment for the goods or services 12 contracted for by the passengers to the carrier or person 13 providing the goods or services offered by the travel 14 promoter; or 15 (2) to make the refunds as required by this act or 16 provided for by written contract between the travel promoter 17 and passengers. 18 (c) Withdrawals from account.--This section shall not 19 prevent the withdrawal from the trust account of any interest 20 earned and credited to the trust account for the sole benefit of 21 the travel promoter after all goods and services have been 22 provided as contracted for or the withdrawal at that time of any 23 other sums on deposit in the account. 24 (d) Registration.--A travel promoter shall file a statement 25 with the Attorney General, indicating his name, home address and 26 business address and, where applicable, the name and address of 27 the financial institution and the account number of each trust 28 account opened and any other information required by the 29 Attorney General pursuant to this act. The Attorney General 30 shall assign a registration number to each travel promoter. If a 19940H2931B3934 - 6 -
1 travel promoter doing business in this Commonwealth maintains a 2 trust account outside of this Commonwealth, the travel promoter 3 shall file with the Attorney General an irrevocable agreement, 4 in writing, acceptable to the financial institution in which the 5 trust agreement is maintained, allowing the Attorney General, a 6 district attorney, or their representatives, upon written 7 request, to examine and make copies of all records pertaining to 8 the trust account. 9 (e) Bond.--In lieu of a trust account, an adequate bond may 10 be maintained by the travel promoter under section 7. 11 Section 9. Voucher or ticket required. 12 If the passenger, after making full payment of the fee for 13 air or ocean transportation, or any combination thereof, 14 requests the ticket or voucher for the transportation, the 15 promoter shall issue the ticket or voucher for the air, land or 16 ocean transportation, or any combination thereof, and deliver 17 the ticket or voucher to the passenger. 18 Section 10. Offenses. 19 A violation of the provisions of this act constitutes a 20 violation of the act of December 17, 1968 (P.L.1224, No.387), 21 known as the Unfair Trade Practices and Consumer Protection Law. 22 Section 11. Venue. 23 An offense under this act is deemed to have been committed in 24 the county where the promoter's principal place of business is 25 located or at any place where money was collected by, or paid 26 to, the promoter. 27 Section 12. Effective date. 28 This act shall take effect in 90 days. E9L12WMB/19940H2931B3934 - 7 -