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.
Last modified: February 3, 2019