59.1-449 - Prohibited practices by travel club.

§ 59.1-449. Prohibited practices by travel club.

It shall be unlawful for any travel club to engage in any or all of thefollowing practices:

1. Offer any other type of promotional inducement where the cost of thepackage equals or exceeds the cost which would have been incurred without thetravel club membership;

2. Misrepresent the type or size of aircraft, vehicle, ship or train; time ofdeparture or arrival; points served; route to be traveled; stops to be made;total trip-time from point of departure to destination; type or size oflodging or other accommodation; availability of lodging or otheraccommodation; or other services available, reserved or contracted for inconnection with any trip, tour or other travel services, unless suchmisrepresentation resulted from a reasonable belief as to the servicesavailable based upon representations made by the person offering suchservices;

3. Misrepresent the fares and charges for transportation or services inconnection therewith, unless the misrepresentation resulted from a reasonablebelief as to the fares and charges applicable based upon representations madeby the person offering such services;

4. Misrepresent that special priorities for reservations are available whensuch special considerations are in fact granted to members of the publicgenerally;

5. Sell transportation to any person on a reservation or charter basis forspecified space, flight or time or represent that such definite reservationor charter is or will be available or has been arranged, without a bindingcommitment with a carrier for the furnishing of such definite reservation orcharter as represented or sold;

6. Sell or issue tickets or other documents to be exchanged or used fortransportation if the tickets or other documents will not be or cannot belegally honored by carriers for transportation;

7. Misrepresent the requirements that must be met by a person in order toqualify for charter or group fare rates, unless such misrepresentationresulted from a reasonable belief as to the requirements applicable basedupon representations made by the person offering the charter or group fare;

8. Offer accommodations in lodgings when the travel club has no writtenevidence of its legal right to possession of such lodgings; or

9. Use in any offering, advertisement, or promotion of any type ordescription the following terms: "time-share," "vacation ownership,""interval ownership," "time-share benefit" or "incidental benefit."

(1993, c. 760; 1994, c. 482.)