Utah Administrative Code
Topic - Commerce
Title R152 - Consumer Protection
Rule R152-11 - Utah Consumer Sales Practices Act
Section R152-11-13 - Travel Packages
Universal Citation: UT Admin Code R 152-11-13
Current through Bulletin 2024-06, March 15, 2024
(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".
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