Registration/renewal Of Travel Agency Page 6
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7services provider-customer relationship, having previously
CHAPTER 9D
arranged travel related services for that customer on at least
TRAVEL AGENCIES AND AGENTS
one prior occasion.
4. “Doing business” in this state, for purposes of this
chapter, means any of the following:
9D.1 Definitions
9D.2 Registration required
a. Offering to sell or selling travel services, if the offer is
9D.3 Evidence of financial security.
made or received within the state.
9D.4 Penalties.
b. Offering to arrange, or arranging, travel services for a
9D.5 Exemptions.
fee or commission, direct or indirect, if the offer is made or
received in this state.
9D.1 Definitions.
c. Offering to, or awarding travel services as a prize or
1. “Applicant” means a person applying for registration
award, if the offer or award is made in or received in this
under this chapter.
state.
2. “Customer” means a person who is offered or who
5. An applicant shall complete the registration state-
purchases travel services.
ment form provided by the secretary. The registration
3. “Registrant” means a person registered pursuant to
statement must be accompanied by the required bond or
this chapter.
evidence of financial responsibility and the registration fee.
4. “Secretary” means the secretary of state.
The registration statement shall include all of the following:
5. “Solicitation” means contact by a travel agency or
a. The name and signature of an officer or partner of a
travel agent of a customer for the purpose of selling or
business entity or the names and signatures of the principal
offering to sell travel services.
owner and operator if the agency is a sole proprietorship.
6. “Travel agency” means a person who represents,
b. The name, address, and telephone number of the
directly or indirectly, that the person is offering or undertak-
applicant and the name of all travel agents employed by the
ing by any means or method, to provide travel services for a
applicant travel agency.
fee, commission, or other valuable consideration, direct or
c. The name, address, and telephone number of any
indirect.
person who owns or controls, directly or indirectly, ten
7. “Travel agent” means a person employed by a travel
percent or more of the applicant.
agency whose principal duties include consulting with and
d. If the applicant is a foreign corporation or business,
advising persons concerning travel arrangements or accom-
the name and address of the corporation’s agent in this
modations.
state for service of process.
8. “Travel services” means arranging or booking vaca-
e. Any additional information required by rule adopted
tion or travel packages, travel reservations or accommoda-
by the secretary pursuant to chapter 17A.
tions, tickets for domestic or foreign travel by air, rail, ship,
The application shall be accompanied by a written irrevo-
bus, or other medium of transportation, or hotel or other
cable consent to service of process. The consent must
lodging accommodations. Travel services include travel
provide that actions in connection with doing business in
related prizes or awards for which the customer must pay a
this state may be commenced against the registrant in the
fee or, in connection with the prize or award, expend
proper jurisdiction in this state in which the cause of action
moneys for the direct or indirect monetary benefit of the
may arise, or in which the plaintiff may reside, by service of
person making the award, in order for the customer to
process on the secretary as the registrant’s agent and
collect or enjoy the benefits of the prize or award.
stipulating and agreeing that such service of process shall
89 Acts, ch 274, §1
betaken and held in all courts to be as valid and binding as
CS89, § 120.1
if service of process had been made upon the person
C93, § 9D.1
according to the laws of this or any other state. The consent
to service of process shall be in such form and supported by
9D.2 Registration required.
such additional information as the secretary may by rule
1. a. A travel agency doing business in this state shall
require.
register with the secretary of state as a travel agency if it or
An annual registration fee as established by the secretary
its travel agent conducts the solicitation of an Iowa resident.
by rule is required at the time the registration statement is
b. A travel agency required to register under paragraph
filed with the secretary, and on or before the anniversary
”a” shall not permit a travel agent employed by the travel
date of the effective date of registration for each subsequent
agency to do business in this state unless the agency has
year. The registration fee shall be established at a rate
filed the required registration statement.
deemed reasonably necessary by the secretary to support
2. A travel agent shall not knowingly do business in this
the administration of this chapter, but not to exceed fifteen
state unless and until the travel agency employing the travel
dollars per year per agency. If a registrant fails to pay the
agent has registered with the secretary of state as a travel
annual registration fee, the registration lapses and becomes
agency if the travel agency or any of the agency’s travel
ineffective.
agents conduct the solicitation of an Iowa resident.
A registrant shall submit to the secretary corrections to the
3. This section does not require registration for, or
information supplied in the registration statement within a
prohibit, solicitation by mail or telecommunications of a
reasonable time after a change in circumstances, which
person with whom the travel agency has a previous travel
circumstances would be required to be reported in an initial
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