§ 157-a. Travel agreements. 1. When a person agrees, in response to a solicitation by a travel promoter which is directed to the person individually, to purchase membership in a travel club or to enter into any travel services contract or other agreement to accept transportation, lodging, an interest or investment in a time share plan, travel investments, or other travel services, the travel promoter must provide such purchaser with written disclosure of all limitations on and terms of such purchase or agreement within five business days of the date of the agreement. Such disclosure shall clearly and conspicuously include:
a. the name, business address and telephone number of the travel promoter;
b. the amount due, the date of payment, the purpose of the payment and an itemized statement of the balance due, if any;
c. the name of the carrier with which the travel promoter has contracted to provide the transportation, the type and size of carrier to be used, and the date, time and place of each departure;
d. a detailed description of any other services provided in conjunction with the transportation;
e. conditions, if any, upon which the travel services contract between the travel promoter and the traveler may be cancelled, and the rights and obligations of all parties in the event of such cancellation;
f. the conditions, if any, upon which the travel services contract between the travel promoter and the carrier or other service provider may be cancelled, and the rights and obligations of all parties in the event of such cancellation; and
g. a description of all contingencies, limitations and/or conditions of the agreement.
2. After receipt of full written disclosure, the purchaser may cancel such an agreement until midnight of the third business day after the disclosure is received by the purchaser, by use of the form prescribed in subdivision three of this section; however, notice of cancellation need not take the form prescribed and shall be sufficient if it indicates the intention of the buyer not to be bound. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox, properly addressed and postage prepaid.
3. The written disclosure shall include, in addition to the requirements of subdivision two of this section, the following statement printed in capital and lower case letters of not less than ten point bold faced type:
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS
DISCLOSURE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED
COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR
SEND A TELEGRAM TO
(Name of Seller), AT (Address of seller)
______________________________ ___________________________
NOT LATER THAN
MIDNIGHT OF THE THIRD DAY
AFTER RECEIPT OF THIS
___________________________ DISCLOSURE
(Place of Business)
__________________________
__________________________
(Date)
I HEREBY CANCEL THIS TRANSACTION
(Date)
______________________________
(Purchaser's Signature)
4. Until the written disclosure required by subdivision one of this section has been received, the purchaser may cancel the agreement by notifying the travel promoter in any manner and by any means of his or her intention to cancel.
5. Within ten days after notice of cancellation is given, the travel promoter shall refund to the purchaser concerned any payments made by such purchaser; such refund may be made by reaccrediting the purchaser's charge account if a credit card was used to make a payment and if the travel promoter informs the purchaser in writing that the charge account has been reaccredited.
6. If the travel promoter fails within the period prescribed by subdivision five of this section to return all payments made by a purchaser, he or she shall be liable to the purchaser for such payments. If the purchaser is successful in an action to enforce any provision of this section or section one hundred fifty-eight-a of this article or appeal thereon, the court shall award the purchaser one hundred dollars and may award reasonable attorney's fees and costs, in addition to any other remedy.
7. The obligations imposed by this section shall be in addition to and not in derogation of the requirements of any other law.
