Code of Vermont Rules › Agency 06 - OFFICE OF THE ATTORNEY GENERAL › Sub-Agency 031 - CONSUMER PROTECTION DIVISION › Chapter 017 - SALE OF VACATION PACKAGES › Section 06 031 017 - SALE OF VACATION PACKAGES

Current through June, 2024
Section 116.01  Definitions
The following definitions apply to this rule:
(a)  "Clear and conspicuous" means that the
			 required disclosures are presented in such a manner, given their size, color,
			 contrast and proximity to any related information, as to be readily noticed and
			 understood by consumers. A disclosure is not clear and conspicuous if, among
			 other things, it is ambiguous or it is obscured by the background against which
			 it appears, or by its location within a lengthy disclosure of non-material
			 information. "Clear and conspicuous" also means in an oral communication that
			 the information is presented in a manner that a consumer will hear and
			 understand, at a normal speed in the same tone and volume as any offer
			 made.
(b)  "Consumer inquiry" means
			 a communication initiated by a consumer with a seller, except that a
			 communication from a consumer prompted by an earlier communication of an offer
			 from a seller is not a consumer inquiry.
(c)  "Consumer response vehicle" means a
			 statement of the telephone number, address, or other method of responding to a
			 solicitation or of indicating acceptance of an offer.
(d)  "Mass communication" means a solicitation
			 sent in writing or by electronic mail to more than 100 consumers, or posted on
			 the Internet.
(e)  "Material" means
			 likely to affect a person's choice of, or conduct regarding, goods or
			 services.
(f)  "Offer" means an
			 offer of specific goods and/or services to one or more consumers, which goods
			 and/or services include a vacation package.
(g)  "Represent" and "representation" include
			 any communication, whether made in writing, orally, electronically, on radio or
			 television, or in any other manner.
(h)  "Seller" means a person or entity,
			 wherever located, that markets, offers, or sells vacation packages to consumers
			 in the State of Vermont. The term includes any agent of a seller.
(i)  "Solicitation" means any communication
			 containing an offer of a vacation package, or designed to interest a consumer
			 in such an offer, regardless of whether the communication is conveyed in
			 writing, orally, electronically (including on the Internet), on radio or
			 television, or in any other manner; except that a communication by a seller in
			 response to a consumer inquiry is not a solicitation within the meaning of this
			 rule. For the purposes of the disclosure requirements contained in this rule,
			 "solicitation" does not include communications from a seller to a buyer of a
			 vacation package which postdate the cancellation period following the
			 consumer's purchase of the package. A solicitation is "written" if it appears
			 in a written or other format capable of being read, including a mailing, print
			 advertisement, or electronic communication. A solicitation is "oral" if it is
			 capable of being heard, including a telephonic communication. Television and
			 radio solicitations are addressed separately in this rule and are not
			 considered to be either written or oral.
(j)  "Time-share" means any arrangement
			 whereby a purchaser receives a right to use accommodations for specific periods
			 of time on a recurring basis. The term includes any vacation ownership interest
			 or similar interest. A time-share tour or presentation is considered to be
			 required if (1) the consumer must participate in the tour or presentation in
			 order to obtain certain goods or services, or (2) any of the terms or
			 conditions of the consumer's vacation package may be affected if the consumer
			 does not participate in the tour or presentation.
(k)  "Transient location" includes a booth,
			 kiosk, table, or other temporary location used by, or on behalf of, a
			 seller.
(l)  "Vacation package"
			 means goods and/or services which involve a stay in a location away from the
			 consumer's home and include at least some accommodations and/or
			 meals.