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Business and Professions Code - BPC - BPC § 17550.40
Business and Professions Code - BPC - BPC § 17550.40
Each participant is required to comply with the provisions of this article and shall abide by the rules and decisions of the Travel Consumer Restitution Corporation adopted in accordance with this article.
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Business and Professions Code - BPC - BPC § 17550.41
Business and Professions Code - BPC - BPC § 17550.41
(a) The Board of Directors of the Travel Consumer Restitution Corporation shall be composed of six directors, as follows: (1) One public consumer representative member appointed by the Director of Consumer Affairs. (2) One employee of the Department of Justice, assigned by the of
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Business and Professions Code - BPC - BPC § 17550.42
Business and Professions Code - BPC - BPC § 17550.42
The fiscal year of the Travel Consumer Restitution Corporation shall commence on July 1 of each year.
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Business and Professions Code - BPC - BPC § 17550.42.5
Business and Professions Code - BPC - BPC § 17550.42.5
(a) Within 30 days of the close of the fiscal year or other reasonable period established by the board of directors, the Travel Consumer Restitution Corporation shall make publicly available a statement of the following information concerning the most recently concluded fiscal ye
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Business and Professions Code - BPC - BPC § 17550.43
Business and Professions Code - BPC - BPC § 17550.43
(a) The Travel Consumer Restitution Corporation shall establish and maintain an operations fund for the payment of costs of operations and administration. The corporation shall prepare, before its fiscal year end, an estimated annual operational budget projecting the costs of ope
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Business and Professions Code - BPC - BPC § 17550.44
Business and Professions Code - BPC - BPC § 17550.44
(a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For
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Business and Professions Code - BPC - BPC § 17550.45
Business and Professions Code - BPC - BPC § 17550.45
(a) If any assessment is not paid within 60 days of the due date, then the corporation shall notify the office of the Attorney General, which shall forthwith suspend the registration of the participant who has not paid. The corporation shall provide a copy of this notification to
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Business and Professions Code - BPC - BPC § 17550.46
Business and Professions Code - BPC - BPC § 17550.46
(a) The Attorney General or his or her delegate shall approve any claim form which shall be provided to a person aggrieved by the Travel Consumer Restitution Corporation to be submitted by a person aggrieved in order to obtain payment from the restitution fund. The claim form sha
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Business and Professions Code - BPC - BPC § 17550.47
Business and Professions Code - BPC - BPC § 17550.47
(a) (1) Any person aggrieved who suffers a loss of more than fifty dollars ($50) of amounts paid for air or sea transportation or travel services may file a claim with the Travel Consumer Restitution Corporation by filing a claim form as required by Section 17550.46 and paying, b
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Business and Professions Code - BPC - BPC § 17550.48
Business and Professions Code - BPC - BPC § 17550.48
Any person aggrieved who recovers from the fund shall assign to the Travel Consumer Restitution Corporation all rights of recovery, to a maximum of the amount received from the Travel Consumer Restitution Fund, against any person or organization from which the person aggrieved re
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Business and Professions Code - BPC - BPC § 17550.49
Business and Professions Code - BPC - BPC § 17550.49
If the Travel Consumer Restitution Corporation directs that payment be made from the restitution fund in any amount in response to a claim against a participant, the corporation shall inform the office of the Attorney General and shall maintain a record of all claims paid from th
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Business and Professions Code - BPC - BPC § 17550.5
Business and Professions Code - BPC - BPC § 17550.5
“Ticket or voucher” means a writing that is itself good and sufficient to obtain the entire air or ocean transportation, or travel services, which the passenger has purchased.
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Business and Professions Code - BPC - BPC § 17550.50
Business and Professions Code - BPC - BPC § 17550.50
There shall be no personal liability on the part of and no cause of action of any nature shall arise against the Travel Consumer Restitution Corporation or the directors, officers, employees, or agents of the Travel Consumer Restitution Corporation on any decision to deny a claim
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Business and Professions Code - BPC - BPC § 17550.51
Business and Professions Code - BPC - BPC § 17550.51
The Travel Consumer Restitution Corporation shall not be liable for any consequential damages, or for any punitive damages, in connection with the performance of its restitution function.
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Business and Professions Code - BPC - BPC § 17550.52
Business and Professions Code - BPC - BPC § 17550.52
The Attorney General or his or her delegate may determine that the Travel Consumer Restitution Corporation has failed or ceased to operate upon a finding that any one of the following has occurred with respect to the corporation: (a) Was not created. (b) Has been dissolved. (c) H
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Business and Professions Code - BPC - BPC § 17550.53
Business and Professions Code - BPC - BPC § 17550.53
(a) The Travel Consumer Restitution Corporation shall have independent authority to investigate claims filed by persons aggrieved pursuant to Section 17550.47. (b) The corporation, upon the request of the office of the Attorney General, may participate in an examination or invest
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Business and Professions Code - BPC - BPC § 17550.54
Business and Professions Code - BPC - BPC § 17550.54
(a) The Secretary of State shall not file articles for the incorporation of the Travel Consumer Restitution Corporation or an amendment to the articles unless the office of the Attorney General has issued written approval of the articles or amendment. (b) The Travel Consumer Rest
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Business and Professions Code - BPC - BPC § 17550.55
Business and Professions Code - BPC - BPC § 17550.55
No provision of the Insurance Code shall apply to the Travel Consumer Restitution Corporation.
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Business and Professions Code - BPC - BPC § 17550.56
Business and Professions Code - BPC - BPC § 17550.56
The operation of the Travel Consumer Restitution Corporation shall at all times be subject to the examination and review of the office of the Attorney General and its duly designated representatives. The office of the Attorney General and its duly designated representatives may a
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Business and Professions Code - BPC - BPC § 17550.57
Business and Professions Code - BPC - BPC § 17550.57
If the Travel Consumer Restitution Corporation is dissolved or ceases to exist, or if the Attorney General or his or her delegate makes a determination pursuant to Section 17550.52 that the corporation has failed or ceased to operate, all outstanding debts, obligations of the cor
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Business and Professions Code - BPC - BPC § 17550.58
Business and Professions Code - BPC - BPC § 17550.58
All costs and expenses incurred by the Department of Justice in the administration of this article, including those incurred pursuant to Section 17550.38, shall be paid to the department by the Travel Consumer Restitution Corporation. The department may institute an action for th
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Business and Professions Code - BPC - BPC § 17550.6
Business and Professions Code - BPC - BPC § 17550.6
“Officially appointed agent” means an agent expressly appointed as such, without reservation, for a specified time period, in a written instrument executed by the principal or an authorized representative of the principal. The written instrument shall identify the current name, a
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Business and Professions Code - BPC - BPC § 17550.7
Business and Professions Code - BPC - BPC § 17550.7
“Participant in the Travel Consumer Restitution Fund” is a registered seller of travel with its principal place of business in California, who does business with persons located in California, or is a registered seller of travel that does business in California, from one or more
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Business and Professions Code - BPC - BPC § 17550.8
Business and Professions Code - BPC - BPC § 17550.8
“Provider” means the person or entity who actually provides any transportation or travel services.
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Business and Professions Code - BPC - BPC § 17550.9
Business and Professions Code - BPC - BPC § 17550.9
“Travel services” includes, but is not limited to, lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing, recreational activities, vehicle rental, or other travel-related services, however denominated, including, but not limited to, trave