Illinois has a "Travel Promotion Consumer
Protection Act", similar in many ways to California's Travel Promoter Law.
The law defines a "Travel Promoter" as:
- "a person, including a tour operator, who sells, provides,
furnishes, contacts for, arranges or advertises that he or she shall
arrange wholesale or retail air or sea transportation, 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 or who is a member in good
standing of the Airline Reporting Corporation (sic) or (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." (Section 420.2 of Act 420 "Travel Promotion Consumer
Protection")
Similar to the California statute, a travel promoter in Illinois cannot
advertise that air or sea transportation may be available unless the
travel promoter has contracted for the transportation advertised.
A travel promoter must deposit 90% of All customer monies into a trust
account that cannot be encumbered, and must provide the customer with a
disclosure statement at the time monies are received. That statement must
include the following information:
- the name, business address and telephone number of the travel
promoter;
- the amount paid, the date of payment, the purpose of the payment and
an itemized statement of the balance due, if any;
- the location and number of the required trust account;
- 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;
- a detailed description of any other services provided in conjunction
with the transportation;
- 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;
- 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;
- 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.
Violation of this Act is deemed to be an "unlawful practice" pursuant
to Section 20 of the "Consumer Fraud and Deceptive Business Practices
Act", enforceable by the Illinois Attorney General, and authorizing the
Attorney General to request compensation to a person damaged by a
violator.
For more information about the Illinois State Travel Promoter Law
please go to the Illinois state legislation website at:
http://www.legis.state.il.us/ilcs/ch815/ch815act420.htm |