General Laws of Massachusetts - Chapter 93 Regulation of Trade and Certain Enterprises - Section 48B Use of credit card to obtain travel services; surcharges, reduction of agent’s commission

Section 48B. For the purpose of this section, the following words shall, unless the context indicates otherwise, have the following meanings:—

“Provider of travel services”, any person, firm or corporation engaged in the business of furnishing travel, transportation or vacation services; provided, however, that this term shall not include a travel agent.

“Travel agent”, any person, firm, corporation, partnership or association, other than a common carrier or employee of a common carrier who is:

(a) an officially appointed agent of a common carrier or a member of a cruise line association and who operates exclusively as an agent for cruise lines in the sale of cruise travel products or services; or

(b) a legal agent for a provider of travel services who sells or offers for sale, travel, transportation or vacation arrangements.

Whenever any consumer elects to use a credit card to obtain travel services, and the services of a travel agent are engaged by the provider of travel services, a provider of travel services may not impose a surcharge on or reduce the commission paid to such travel agent; provided, however, that this provision shall not apply to air carriers.

Failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A.

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Last modified: September 11, 2015