598.475 - Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator

598.475  Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator required to honor valid coupon; violation constitutes deceptive trade practice. [Effective July 1, 2011.]

      1.  In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

      2.  A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

      (a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

      (b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

      3.  On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:

      (a) Sets forth the provisions of subsection 2;

      (b) States that complaints concerning the charges for a sightseeing tour may be directed to the Division; and

      (c) Provides a telephone number for the Division.

      4.  If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

      (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

      (b) The date of expiration has passed.

      5.  The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      (Added to NRS by 2001, 980; A 2009, 2718, effective July 1, 2011)