815 ILCS 420/ Travel Promotion Consumer Protection Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

815 ILCS 420/1

(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

(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 Illinois 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. 101-31, eff. 6-28-19.)

815 ILCS 420/3

(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

(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

(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

(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

(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.)