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1. (1) No seller of travel services may fail to disclose information about a travel service it offers to sell, provide, contract for, or arrange, where such failure has the capacity or tendency to deceive or mislead a consumer, or has the effect of deceiving or misleading a consumer in any material respect; nor may a seller of travel services fail to disclose to a consumer any fact the disclosure of which may have influenced the consumer not to enter into a transaction.

2. (2) No seller of travel services may accept any payment in any form, either directly or indirectly, from a consumer for travel services, including but not limited to payment by cash, check, money order, credit card, debit card, charge card, or authorization for electronic funds transfer or credit card charge, unless and until the seller of travel services has provided the. consumer, either directly or through another seller of travel services, with the following information:

   1. (a) the name, complete street business address and telephone number of the seller of travel services selling directly to the consumer, including the name of the owner(s) if the seller is a business entity; and
   2. (b) the name, complete street business address and telephone number of the provider(s) of any travel package being purchased, if any such provider is not the seller of travel services from whom the consumer is purchasing directly, including but not limited to any tour operator, ocean cruise company, charter company, provider of travel certificates, or vacation club; and
   3. (c) the total amount to be paid, the date(s) of payment, a complete, detailed, itemized statement of the travel services purchased with the payment, and an itemized statement of any balance due; and ( d) the complete terms of any substitution policy of any seller of travel services that may apply to the consumer's purchase of travel services; provided, however, that whenever for the purpose of a particular transaction the seller of travel services dealing directly with the consumer is a travel agent, the travel agent's failure to disclose the complete terms will not violate 940 CMR 15.04 if the travel agent has made diligent efforts to obtain the complete information from the tour operator or other relevant seller of travel services, and the travel agent neither knows nor has reason to know that the information the travel agent is disclosing to the consumer is incomplete; and

6/2'$/96 (Effective 7/1/96) 940 CMR-116

the complete terms of any cancellation or refund policy of any seller of travel services trw. may apply to the consumer's purchase of travel services; provided, however, that whenever for the 1-rirpose of a particular transaction the seller of travel services dealing directly with the consu1J1er is a travel agent, the travel agent's failure to disclose the complete terms wi.11 not violate 940 C.MR 15.04 if the travel agent has made diligent efforts to obtain

olete information from the tour operator or other relevant seller of travel services,

a:. ~ravel agent neither knows nor has reason to know that the information the travel ag;, disclosing to the consumer is incomplete; and (f) complete tenns of any trip cancellation insurance policy offered by or through the sellei of travel services, including but not limited to the specific extent of each policy's coverage, exclusions, limitations, and benefits payable; provided, however, that whenever for the purpose of a particular transaction the seller of travel services dealing directly with 11,e consumer is a travel agent, the travel agent's failure to disclose the complete terms will not violate 9:!0 CMR 15.04 if the travel agent has made diligent efforts to obtain the complete inf. nation from the tour operator or other relevant seller of travel services, and !he travel ag ' neither knows nor has reason to know that the information the travel agent is disclosing to the consumer is incomplete.

If the consumer is purchasing travel services in person, the seller of travel services must ide the information required in 940 CMR 15.04 (1) and (2) both orally and in writing before

rt 1estir.·· 1ccepting any payment. If the consumer is purchasing travel services in a voice conve:·• ,\rer the telephone, the seller of travel services must provide this infonnation orally before re41.K;:,iing, accepting, or arranging to receive any payment; and must also provide this info iation in writing within seven days of the conversation or prior to departure, whichever occ; earliest. If the consumer is purchasing travel services by electronic mail, or by using a telec nununication device for the deaf (TTY or TDD), or by any other mode of telecommunication not involving voice conversation, the seller of travel services must provide this information in writing or in a computer document capable of being printed out in hard copy by the consumer before requesting, accepting or arranging to receive payment. No seller of travel services may request, accept, or. arrange to receive payment from a consumer where the only communication between the two parties is'by mail or courier service, unless and until the seller provides this information in written fonn, and the consumer receives same.

1. (4) Where a seller oftravel services violates any provision of940 CMR 15.04, theeonsumer may cancel its purchase of travel services; furthermore, where the consumer cancels its purchase of travel services, the seller in violation must return all payments received in connection with that purchase, within 30 days.