Utah Admin. Code 152-11-13

Current through Bulletin 2024-12, June 15, 2024
Section R152-11-13 - Travel Packages
(1) This rule is authorized by Subsection 13-11-8(2). The purpose of this rule is to define one type of conduct that violates Subsection 13-11-4(1).
(2) It shall be a deceptive act or practice for a supplier to offer, knowingly or intentionally, a reduced rate travel package which:
(a) is tendered to a consumer as an incentive for the performance of some act the consumer has no legal obligation to perform;
(b) is subject to redemption rules the violation of which will result in a default which discharges the supplier's obligation to perform under such rules; and
(c) is structured so that the supplier will only realize a profit if a majority of the consumers who receive reduced rate travel package default.
(3)
(a) For a supplier to be held liable under this rule, it is not necessary that he contract directly with a consumer for a reduced rate travel package. It is a sufficient basis for liability for the supplier to offer such a package to any person knowing that a consumer eventually will look to him for performance.
(b) A supplier acts deceptively required by Subsection 13-11-4(2) when he consciously engages in conduct which constitutes a deceptive act or practice, even if he is unaware that such conduct is unlawful.
(4) The definitions appearing in Section 13-11-3 shall apply to this rule, with the following additional definitions:
(a) "reduced rate" means the payment of funds, whether styled as fees, taxes, a discounted payment, or otherwise, which is less than the fair market value of the travel package offered by a supplier; and
(b) "travel package" means air, land, or sea transportation, with or without lodging, for pleasure or business purpose within the scope of the term "consumer transaction".

Utah Admin. Code R152-11-13