2023 New York Laws › GBS - General Business › Article 9-A - Passage Tickets › 127 - Unlawful Acts Relating to Passage Tickets, Reservations or Passenger Accommodations.

§  127.  Unlawful  acts  relating  to passage tickets, reservations or
  passenger accommodations.  1. Definitions. Whenever used in this section
a. The term "established tariff charge" is the charge set forth in the
  tariff as published and filed by the railroad, parlor  or  sleeping  car
  owner or operator, steamship company, air line or bus line involved.
b.   The  term  "passage  ticket"  includes  each  passage  ticket  or
  combination of tickets issued by any railroad, parlor  or  sleeping  car
  owner  or operator, steamship company, air line or bus line, required by
  any  one  passenger  for  transportation  from  his  original  point  of
  departure to final destination.
c.  The  term  "reservation  or passenger accommodation" includes each
  reservation or passenger accommodation issued by any railroad, parlor or
  sleeping car owner or operator, steamship company, air line or bus line,
  for the use of a passenger between his original point of  departure  and
  final destination.
d. The term "charge" shall include any service charge, fee, payment or
  consideration  required,  charged,  made  or  received for rendering the
  service of procuring or transferring a ticket, reservation or  passenger
  accommodation.
e.  The  terms  "procure" and "procurement" shall include procuring by
  purchase or otherwise.
2. Any person, whether acting on behalf of himself or another  person,
  who
a.  Sells,  resells,  or  causes  to  be  resold, or offers to sell or
  resell, any ticket, reservation or passenger accommodation, at  a  price
  in  excess  of one dollar above the established tariff charge or charges
  therefor; or
b. Procures or possesses or offers to procure any ticket,  reservation
  or  passenger accommodation, with the intent to sell or resell the same,
  or to cause the same to be sold or resold, at a price in excess  of  one
  dollar above the established tariff charge or charges; or
c.  Requires,  makes  or receives a charge in excess of one dollar for
  the procurement or  transfer  of  a  ticket,  reservation  or  passenger
  accommodation; or
d. Procures or possesses or offers to procure a ticket, reservation or
  passenger  accommodation,  with the intent to require, make or receive a
  charge  therefor  in  excess  of  one  dollar,  shall  be  guilty  of  a
  misdemeanor.
3. Proof of the sale or resale of or offer to sell or resell a ticket,
  reservation  or  passenger  accommodation  at  a  price in excess of the
  amount or amounts herein specified, shall be presumptive evidence of the
  intent specified in subdivision (b) of paragraph two hereof.
4. Proof of the making or receiving of any charge  in  excess  of  one
  dollar  shall  be  presumptive  evidence  of  the  intent  specified  in
  subdivision (d) in paragraph two hereof.
5. The person responsible for the management of each travel agency and
  hotel operating within the state of New York shall, within  thirty  days
  after  its  enactment,  cause  a  copy of this section to be posted in a
  conspicuous place upon the premises of  the  agency  or  hotel  for  the
  information of patrons, guests and members of the public at large.
6.  This section shall not apply to tickets, reservations or passenger
  accommodations (a) to or from  places  outside  the  continental  United
  States  and  Canada,  excluding  Alaska  nor  (b)  to  existing  written
  contracts between  any  travel  agency  and  any  corporation,  firm  or
  government agency covering tourist or travel services.