2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-7 Consumer's rights.

§468L-7 Consumer's rights.
(a) Any travel agency registered under this chapter shall have the following obligations to any consumer who purchases travel services from the travel agency:
(1) The consumer shall have the right to be informed by the travel agency, prior to the purchase of any travel services from the travel agency, of any limitations, conditions, events, circumstances, or any other business or commercial factors that may affect the availability of the travel services and the ability of the consumer to obtain a refund of moneys paid for the travel services;
(2) The consumer shall have the right to rely on any promises, guarantees, representations, or information provided by the travel agency, regarding travel services, including but not limited to, the availability of travel services offered or sold by the travel agency, the conditions for obtaining a refund of moneys paid for the travel services, and the nature or quality of the travel services provided;
(3) The consumer shall have the right to have the travel agency fulfill any term or condition of the contract for travel services between the consumer and the travel agency, whether the term or condition was made in writing or otherwise by the travel agency;
(4) The consumer shall have the right to have the travel agency fulfill any promises, guarantees, or representations made regarding travel services, whether the promises, guarantees, or representations are made by the travel agency in written or verbal form;
(5) The consumer shall have the right to be informed of all conditions, if any, upon which the contract between the travel promoter and the entity providing the transportation or related services may be canceled, and the respective rights and obligations of all parties in the event of cancellation;
(6) The consumer shall have the right to obtain the ticket or other similar documentation binding upon the ultimate provider of the travel services from the travel agency, upon making full payment to the travel agency for the travel services purchased; and
(7) The consumer shall have the right to a refund, within fourteen calendar days from the date the refund is requested, of all moneys paid to a travel agency for travel services not performed in accordance with the contract for travel services, less any of the following amounts:
(A) Any amounts for cancellation fees that were previously disclosed to the consumer; and
(B) Any amounts held by the ultimate provider of the travel services, or by a representative of the ultimate provider of travel services that the travel agent was required to contract with by the ultimate provider.
(b) The travel agency shall provide a written disclosure of the consumer's rights under this section to the consumer no later than at the time the travel agency issues the ticket for travel services to the consumer; provided that in the case of repeat customers or business accounts the disclosure need only be given once and except as otherwise provided by rule.
(c) The department may develop a form for the written disclosure of consumer rights under this chapter, and if such form is developed, all travel agencies who have not obtained approval from the department to use a form developed by the travel agency shall utilize the department's form in order to comply with the provisions of this section. [L 1991, c 285, pt of §1; am L 1992, c 157, §4]