(815 ILCS 420/1) (from Ch. 121
1/2, par. 1851)
Sec. 1. Short title. This Act shall
be known and may be cited as the Travel Promotion Consumer Protection
Act.
(Source: P.A. 91-357, eff.
7-29-99.)
|
(815 ILCS 420/2) (from Ch. 121
1/2, par. 1852)
Sec. 2. Definitions.
(a) "Travel promoter" means
a person, including a tour operator, who sells, provides, furnishes,
contracts for, arranges or advertises that he or she will arrange
wholesale or retail transportation by air, land, sea or navigable
stream, either separately or in conjunction with other services. "Travel
promoter" does not include (1) an air carrier; (2) a sea
carrier; (3) an officially appointed agent of an air carrier
who is a member in good standing of the Airline Reporting Corporation;
(4) a travel promoter who has in force $1,000,000 or more of
liability insurance coverage for professional errors and omissions
and a surety bond or equivalent surety in the amount of $100,000
or more for the benefit of consumers in the event of a bankruptcy
on the part of the travel promoter; or (5) a riverboat subject
to regulation under the Riverboat Gambling Act.
(b) "Advertise" means
to make any representation in the solicitation of passengers
and includes communication with other members of the same partnership,
corporation, joint venture, association, organization, group
or other entity.
(c) "Passenger" means
a person on whose behalf money or other consideration has been
given or is to be given to another, including another member
of the same partnership, corporation, joint venture, association,
organization, group or other entity, for travel.
(d) "Ticket or voucher" means
a writing or combination of writings which is itself good
and sufficient to obtain transportation and other services for
which the passenger has contracted.
(Source: P.A. 91-357, eff.
7-29-99.)
|
(815 ILCS 420/3) (from Ch. 121
1/2, par. 1853)
Sec. 3. A travel promoter shall
not advertise that air or sea transportation is or may be available
unless he has, prior to such advertisement, contracted for
the transportation advertised with an air or sea carrier.
(Source: P.A. 85-995.)
|
(815 ILCS 420/4) (from Ch. 121
1/2, par. 1854)
Sec. 4. A travel promoter shall
not receive money or other valuable consideration in payment
for air or sea transportation or any other services offered
by the travel promoter in conjunction with such transportation
unless, at the time of such receipt, the travel promoter furnishes
to the person making such payment a written statement clearly
and conspicuously setting forth the following information:
(a) the name, business address
and telephone number of the travel promoter;
(b) the amount paid, the date of
payment, the purpose of the payment and an itemized statement
of the balance due, if any;
(c) the location and number of
the trust account required by Section 6 of this Act;
(d) the name of the carrier with
which the travel promoter has contracted to provide the transportation,
the type of equipment to be used, and the date, time and place
of each departure;
(e) a detailed description of any
other services provided in conjunction with the transportation;
(f) the conditions, if any, upon
which the contract between the travel promoter and the passenger
may be canceled, and the rights and obligations of all parties
in the event of such cancellation;
(g) the conditions, if any, upon
which the contract between the travel promoter and the carrier
or other service provider may be canceled, and the right and
obligations of all parties in the event of such cancellation;
(h) a statement, in eight point
boldface type, that upon cancellation of the transportation through
no fault of the passenger, all sums paid to the travel promoter
for services not performed in accordance with the contract between
the travel promoter and the passenger will be, unless the passenger
otherwise advises the travel promoter in writing, promptly refunded
by the travel promoter to the passenger or the party who contracted
on behalf of the passenger.
(Source: P.A. 85-995.)
|
(815 ILCS 420/5) (from Ch. 121
1/2, par. 1855)
Sec. 5. (a) In the event the transportation
contracted for is canceled through no fault of the passenger,
and unless the passenger otherwise advises the travel promoter
in writing, the travel promoter shall promptly return to the
passenger all money paid for services not performed and goods
not delivered in accordance with the contract.
(b) Any misrepresentation with
regard to the date, time and place of any departure or arrival,
the type of aircraft, ship or other mode of transportation, or
other material element of the contract shall be deemed to be
a cancellation necessitating the refund required by this Section.
(Source: P.A. 85-995.)
|
(815 ILCS 420/6) (from Ch. 121
1/2, par. 1856)
Sec. 6. (a) A travel promoter shall
deposit 90 percent of all sums received, including but not
limited to those made by cash, credit card or any other method
of payment, for air or sea transportation or any other services
or goods offered by the travel promoter in conjunction with
that transportation, directly into a trust account in a federally
insured bank or savings and loan association.
(b) The trust required by this
Section shall be created and maintained for the benefit of the
persons paying money to the travel promoter. The travel promoter
shall not in any manner encumber the corpus of such account and
shall not withdraw money therefrom except: (1) in partial or full payment for the
goods or services contracted for by the passengers to the carrier
or person providing the other goods or services offered by the
travel promoter, or (2) to make the refunds as required by this
Act or provided for by written contract between the travel promoter
and passengers. This Section shall not prevent the withdrawal
from the trust account of any interest earned and credited to
the trust account for the sole benefit of the travel promoter,
after all goods and services have been provided as contracted
for, or the withdrawal at that time of any other sums on deposit
in that account.
(Source: P.A. 85-995.)
|
(815 ILCS 420/7) (from Ch. 121
1/2, par. 1857)
Sec. 7. Violation of any of the
provisions of this Act is an unlawful practice pursuant to
Section 2Z of the Consumer Fraud and Deceptive Business Practices
Act. All remedies, penalties and authority granted to the Attorney
General by that Act shall be available to the Attorney General
for the enforcement of this Act. In any action brought by the
Attorney General to enforce this Act, the court may order that
persons who incurred actual damages be awarded the amount at
which actual damages are assessed.
(Source: P.A. 92-16, eff.
6-28-01.)
|
|
