AdvertisingSellers of Travel
Section § 17550
This law highlights concerns about the travel industry in California, stating that some business practices have financially harmed consumers. Because of these issues, the state believes that regulating travel sellers is essential. This regulation aims to prevent unfair sales practices, protect consumers, ensure fair competition, and support the state's economy. The law also intends for the Department of Justice to help facilitate compliance by creating user-friendly forms for travel sellers, especially considering the needs of small businesses.
Section § 17550.1
This law defines who is considered a 'seller of travel.' Basically, it's anyone who sells or arranges travel services, like flights or cruises, for more than $300. It specifically excludes certain businesses, like airlines, cruise lines, and hotels, as long as they aren't making extra money from the transportation arrangements. It also applies to certified insurance businesses and transportation operators if they follow registration rules. Lastly, it clarifies that references to air or sea travel include certain land and water travel arrangements.
Section § 17550.10
This law defines a "travel certificate" as a document that allows the holder to get air or sea transportation, travel services, or discounts on them. It can require payment or meeting certain conditions to use it.
Section § 17550.11
This law describes what is meant by an 'adequate bond' for travel sellers. It requires these sellers to have a bond equal to the amount they need to keep in a trust account, to protect passengers financially if the travel seller violates any rules. The bond must be provided by an accepted surety insurance company, and cannot be canceled without a 30-day notice. Even if the bond is canceled, the insurer remains responsible for any claims during its valid period. However, passengers can only claim up to the amount they paid to the travel seller unless they find other sources of compensation.
Section § 17550.13
This section lays out rules for sellers of travel when taking money for travel services. Before receiving payment for air or sea transportation, sellers must provide clear written information to buyers about their business details, payment amounts, travel details, and cancellation policies. They must also disclose if they have a trust account, bond, or if they're part of a restitution fund or a protection plan, explaining customers' rights to make claims. Sellers must acknowledge and inform buyers if a travel certificate is nonrefundable. If travel was sold to the same customer in the past year, sellers have five days to meet disclosure requirements. For registered Airline Reporting Corporation agents forwarding payments without deductions, they can make these disclosures orally.
Section § 17550.14
This law requires travel sellers to either provide the purchased travel services or issue a refund to the customer. Refunds must be given within 30 days of the departure date, refund request, or a cancellation by the seller, or within 3 days if the seller can't provide the services. If funds were handled according to specific rules, sellers can provide a financial statement instead of a refund. If a passenger cancels under disclosed terms, refunds follow those agreed terms. Misrepresentation by the seller counts as a cancellation requiring a refund.
Section § 17550.15
This law is about how a business that sells travel services should handle the money they receive from their customers. They're required to put all the money in a special trust account at a bank or credit union that's federally insured. They can only take money out of this account to pay for the travel services they promised, to refund customers, or to take their commission once the service is delivered. The account should not be used for anything else, and the seller acts as the trustee. They must also allow certain officials to inspect their business records. They have a duty to manage these funds responsibly, and if anything goes wrong, customers can make claims to get their money back. This requirement is waived if payments are made by credit card and the card transaction is managed directly by the carrier or service provider. An alternative to the trust account is posting a bond, which must be filed with the Attorney General before advertising services.
Section § 17550.16
This section outlines exceptions for California travel sellers from certain regulatory requirements if they meet specific criteria. Travel sellers must follow distinct protocols such as being registered travel agents, forwarding passenger payments properly, maintaining long-standing business operations, and selling directly to the public. Further, they can be exempt if involved in certain Consumer Protection Plans. Travel sellers must transparently manage funds and handle consumer protection issues through approved deposit or escrow plans, as verified by the Attorney General. Compliance is necessary with various requirements for keeping exemptions valid, and exemptions end if consumer protection entities fail to function effectively.
Section § 17550.17
This law deals with how travel sellers must handle ticketing after a customer buys air or sea travel. If a customer pays with a credit card or cash, the seller has 72 hours to deliver the ticket or voucher. If payment is made by check, the seller must deliver within 72 hours of the payment clearing. Sellers fulfill their duty by sending tickets through the mail or a delivery service. If they can't deliver on time, they should either forward the necessary funds to the travel service or follow specific provisions. If circumstances beyond their control prevent compliance, there is no penalty if they address the issue within 30 days.
Section § 17550.18
This law has three main points. First, if any part of it is found invalid, the rest can still be valid without the problematic part. Second, in criminal cases, travel sellers must show evidence for exceptions to the rules, while in civil cases, they must prove these exceptions. Third, any legal challenge to a decision made by the Attorney General related to certain travel laws will only examine whether there was an abuse of discretion, which means a decision wasn't based on substantial evidence. The court will only consider the evidence that was available at the time of the original decision.
Section § 17550.19
Section § 17550.195
If someone who sells travel services is found guilty of a felony related to their business, their registration gets suspended right away. Also, they can't sign up as a travel seller or join the Travel Consumer Restitution Fund for seven years after their conviction.
Section § 17550.2
This law defines 'advertise' as any promotion or representation made to offer air or sea transportation, and this includes communications within groups such as partnerships, corporations, and organizations.
Section § 17550.20
If you want to sell travel services in California, you need to register with the Attorney General at least 10 days before starting your business. This involves paying a $100 fee per location and providing certain information. If you're late, there's a $5 daily penalty. You must renew annually. If there are significant changes in your business details, or you plan to transfer ownership, you need to inform the Attorney General. Failure to comply with certain payment rules can lead to suspension of your registration. There's an exception for individuals with specific contracts who act on behalf of registered travel sellers. Additionally, the Attorney General can contract out registration processing if needed.
Section § 17550.21
This law requires sellers of travel to provide detailed information when they register. They must include their business name, addresses, owner details, any legal judgments against them, and copies of travel certificates they sell. They also need to give the Attorney General access to trust account details and allow information checks related to investigations. If nothing has changed since the last registration, they can simply confirm the information is still correct. All information provided must be signed and verified under penalty of perjury.
Section § 17550.22
This law states that if a registration application is incomplete or has false information, it won't be accepted or filed.
Section § 17550.23
This law involves the registration requirements for travel sellers in California. It requires the Travel Consumer Restitution Corporation to inform the Attorney General when a travel seller is meeting certain compliance standards. Travel sellers in California must show evidence of participation in specific consumer protection plans if they choose not to follow some registration requirements. These plans include either a Consumer Protection Deposit Plan or a Consumer Protection Escrow Plan, depending on the compliance claims they make as outlined in related sections.
Section § 17550.24
If you are a travel seller in California, you need to register and get a unique number from the Attorney General. This number is valid for a set period unless it's taken away because of dishonesty or not updating your info. Your registration can include details about your trust account or exemptions if you meet certain conditions. It's important to show your registration at your business location so customers can see it easily. Your registration number also needs to be clear on all ads for travel services, and you must point out that registration doesn't mean the state endorses you.
Section § 17550.25
This law requires travel sellers who participate in certain consumer protections to follow specific rules before making sales. If a travel seller is not part of a consumer protection fund, they must clearly tell customers, both verbally and in writing, that they are not covered by this fund. Sellers working with California residents or operating in California need to provide this information especially when their services are outside the protection fund's coverage. They also need to disclose if they have a financial trust account or bond to indicate some form of protection.
Section § 17550.26
This law defines and regulates 'travel business discount programs,' which are special arrangements offering travel-related discounts to qualified individuals. To sell these programs, several conditions must be met: the discounts can't be generally available to the public; the program's benefits and restrictions must be clearly disclosed in writing before purchase; and the buyer must be a registered seller of travel, or a related party like an owner, principal, or employee who received a certain amount of compensation. Sellers must also keep records proving buyers meet these criteria and must comply with discount buying service laws.
Section § 17550.27
This law outlines the rules for "seller of travel discount programs," which are memberships promising travel discounts. Sellers must be registered, and program fees can't exceed $150 annually, with terms lasting no more than a year unless renewed in writing by the buyer. Discounts must be exclusive to members and clearly explained, including the right to cancel for a full refund within five days or if any rules are broken. Sellers must also provide written proof of any promised travel services and have a $100,000 surety bond for consumer protection.
Section § 17550.3
This section defines a 'passenger' as someone who has paid or will pay money for air or sea travel or other related travel services, either directly or through another person or entity like a company or partnership.
Section § 17550.30
This section establishes the Travel Seller Fund in the State Treasury, where money collected from fines, penalties, and fees related to travel seller regulations is deposited. The funds are used by the Department of Justice to enforce these laws, including paying staff and educating consumers. A specific amount, $395,000, is allocated to support the Sellers of Travel Program.
Section § 17550.4
This law defines an air carrier as a company that transports people by air and has official approval from the U.S. Department of Transportation or from a foreign government that the U.S. recognizes.
Section § 17550.5
Section § 17550.6
This section defines what it means to be an 'officially appointed agent.' It is someone who has been clearly and specifically named as an agent for a certain period, through a written document signed by the person who needs representation or their authorized representative. This document must include the names, addresses, and phone numbers of both the person being represented and the agent.
Section § 17550.7
This law defines who qualifies as a 'Participant in the Travel Consumer Restitution Fund.' It refers to travel companies registered in California that mainly operate there, deal with Californians, or have multiple locations in the state, and comply with specific regulations.
Section § 17550.8
This section defines a 'provider' as the person or company that delivers transportation or travel services.
Section § 17550.9
This law explains what is considered 'travel services.' It includes a wide range of offerings like hotel stays, transportation, tours, and activities. However, it specifically excludes situations where a hotel or similar only provides lodging without other services. Travel services can also involve things like travel certificates and various fees.