This law section simply defines the term 'restitution corporation' as referring to the Travel Consumer Restitution Corporation.

This section defines the term 'Participant' specifically for this article, referring to a travel seller who is registered according to the outlined procedures.

This law defines a "person aggrieved" as someone in California who loses money because a travel service provider fails to refund payments for airline or sea travel services, due to situations like bankruptcy or not providing the promised service. The travel seller must have been registered and a paid participant in a specific fund at the time of sale. If someone makes a claim for a refund from this fund, they can't also sue the travel service provider over that specific transaction. However, if the claim is denied because the seller wasn't properly registered or the claimant wasn't in California at the time of sale, the waiver of legal rights doesn't apply.

This law is about the Travel Consumer Restitution Corporation's role in helping people who have lost money. If someone is owed money due to a travel-related issue, this organization can help, but it only kicks in after other compensations like certain deposit plans, escrow plans, travel insurance, or specific rights under the Civil Code have been considered first. A person does not need to sue or file a police report to access this help. The money comes from a special fund set up for this purpose, and the corporation can ask for legal help from the Attorney General's office if needed.

This law section states that participants must create a nonprofit corporation called the "Travel Consumer Restitution Corporation" under California's Nonprofit Mutual Benefit Corporation Law. Also, it clarifies that the State of California and its personnel are not responsible for any actions or mistakes made by this corporation or its staff.

If you're a participant in this setting, you need to follow the rules outlined in this article and also respect the decisions made by the Travel Consumer Restitution Corporation under these guidelines.

This section lays out the structure and election process for the Board of Directors of the Travel Consumer Restitution Corporation. The board includes six directors: one public member appointed by the Director of Consumer Affairs, one nonvoting Justice Department employee, and four elected participants from the Travel Consumer Restitution Fund. Directors serve staggered two-year terms, and nominees must meet specific eligibility criteria, such as having a crime-free record and relevant travel industry experience. The election is held annually, and the organization must inform nominees about their application status. The statute prohibits additional nomination requirements and ensures candidates can communicate with voters.

This law specifies that the fiscal year for the Travel Consumer Restitution Corporation starts on July 1 each year.

This law requires the Travel Consumer Restitution Corporation to publicly share details about their finances and operations within a specific timeframe. They must provide a report each year, listing claim details, fund balances, and participant assessments. They also need to release approved board meeting minutes, an annual budget forecast, and updated bylaws. This information can be shared online or via email for those who ask for it.

This section explains the financial structure of the Travel Consumer Restitution Corporation. It requires that the corporation maintain an operations fund to cover administrative costs and a separate restitution fund to pay consumer claims. Travel businesses must pay certain fees per business location to support these funds. If they have operated without previously paying, they must pay back assessments. The restitution fund, a trust account held by a federally insured bank, is managed by a trustee who oversees its use and reports to the Attorney General's office. The funds can only be invested in certain secure government securities.

If you're in the travel business in California, you need to pay an annual fee to the Travel Consumer Restitution Corporation. This fee funds their operation and restitution funds. It's due 30 days before your registration renewal or 45 days after being billed, whichever is later. If you're late, you pay a penalty of $5 a day, up to $500. Each January, they decide how much to charge for operations, capped at $35 per year per business location. If their restitution fund drops too low, they might charge extra throughout the year to reach a target balance, up to $200 per location. There are also rules for emergency fee assessments if funds get too low during certain times. These emergency fees have maximum caps set per business location and are decided based on overall operations costs. Any interest from the restitution fund might be used for operations as long as the fund doesn't drop below $1.2 million. Late payments for any assessment accrue the same daily penalties. Also, every assessment is reported to the Attorney General's office within 10 business days.

If someone doesn't pay an assessment within 60 days, the corporation will inform the Attorney General's office, which will then suspend that person's registration. The corporation must also inform the person involved. The Travel Consumer Restitution Corporation or another specified entity can sue to get the unpaid amount back. If the Travel Consumer Restitution Corporation wins, they are entitled to recover their legal costs and reasonable attorney's fees.

This section explains that when someone has a complaint against the Travel Consumer Restitution Corporation, the Attorney General will provide a claim form. This form helps the person apply for money from a special fund meant to make up for losses. The form must include details like the person’s contact information, details about payments made, and what was promised but not delivered in terms of travel services. If any required information is missing, the person must explain why. The form must be signed declaring everything is true, and leaving out information could mean the claim gets rejected.

If you've lost more than $50 on air or sea travel, you can file a claim with the Travel Consumer Restitution Corporation by paying a $35 fee. If your payment bounces, you can try again with a $50 fee. You have one year from your travel's end date to file. You can claim up to $15,000, but only for the actual travel costs you paid. Claims don't cover things like lost wages or emotional distress.

Claims are decided based on submitted documents within 45 days. If denied, you get a written explanation and can request reconsideration, paying another $50 fee. No appeal is possible unless reconsideration is sought first. Appeals go through the superior court and are based on existing records, without new evidence unless it couldn't be submitted earlier. If you win an appeal, you can't receive more than your original claim.

If the restitution corporation closes, remaining funds are split among pending claims. Claims require at least three votes against to be denied, otherwise they are granted. Directors can't decide on claims where they have personal connections or financial interests.

If someone gets money from the Travel Consumer Restitution Fund due to a loss, they must give the Travel Consumer Restitution Corporation the right to try to get that money back from whoever caused the loss. The amount they have to assign is only up to what they received. The person must do whatever paperwork is needed to make this transfer happen. The Corporation then decides if they want to try to recover the money from those responsible.

When the Travel Consumer Restitution Corporation pays out money from its fund due to a claim against a travel seller, it must notify the Attorney General and keep records. It can decide whether to try to get that money back from the seller. If it does, it can use any legal methods available, like debt collection or lawsuits, and can recover all reasonable costs associated with the recovery process, including attorney’s fees. Additionally, they can charge 9% interest per year on what was paid, plus expenses.

This law states that the Travel Consumer Restitution Corporation and its directors, officers, employees, or agents cannot be personally sued or held liable if they decide not to pay a claim from the restitution fund.

The Travel Consumer Restitution Corporation is not responsible for any additional damages that result from their efforts to pay back consumers, beyond what is directly owed. This includes both extra financial losses that stem from the situation and damages meant to punish someone.

The Attorney General can decide that the Travel Consumer Restitution Corporation is no longer functioning properly if any of several issues occur. These issues include the corporation never being set up, being dissolved, stopping operations, running out of money, not paying bills or claims on time, breaking laws, misusing its funds, not charging fees as required, delaying claim decisions, not following regulations, or refusing audits by the Attorney General's office.

This law section pertains to the Travel Consumer Restitution Corporation, which investigates claims from travelers who've had issues with sellers of travel. The corporation may work with the Attorney General's office to examine records when evaluating these claims and has the authority to hire experts to help. The seller must share necessary documents with the corporation. Misusing information from these investigations is illegal, and expenses for investigations may be claimed from the seller if the claim is valid and paid out. The corporation can recover costs and legal fees through court action if necessary.

This section of the law states that the Travel Consumer Restitution Corporation can't become a legal entity or make changes to its governing rules without the approval of the Attorney General's office. Specifically, the Secretary of State won't file articles of incorporation or amendments for the corporation without written approval from the Attorney General. Furthermore, any new bylaws or changes to existing ones also need this written consent. If the Attorney General doesn't respond within 60 days, the proposed bylaws or changes are automatically approved.

This law simply states that the rules and regulations found in the Insurance Code do not affect or apply to the Travel Consumer Restitution Corporation.

This law section ensures that the Travel Consumer Restitution Corporation is always open to examination by the Attorney General's office. They have the right to inspect the corporation's operations, including their books and records, whenever they choose. The Attorney General's team has unrestricted access to all of the corporation's offices and documents.

If the Travel Consumer Restitution Corporation shuts down or is dissolved, all its debts and obligations must be paid off using its remaining assets, including any restitution funds. After all liabilities are settled, any leftover assets will be distributed to the corporation's participants. This distribution is based on how many business locations each participant has in the state compared to the total number of locations for all participants.

This law states that the Travel Consumer Restitution Corporation has to pay for all the costs and expenses that the Department of Justice incurs while managing specific duties related to travel consumers. If needed, the Department of Justice can take legal action to recover these costs.