Section 9D.5. Exemptions.

  1.  This chapter does not apply to:

  a.  A bona fide employee of a travel agency who is engaged solely in the business of the agency, and whose principal duties do not include consulting with and advising persons concerning travel arrangements or accommodations.

  b.  A direct common carrier of passengers or property regulated by an agency of the federal government or employees of a common carrier when engaged solely in the transportation business of the carrier as identified in the carrier’s certificate.

  2.  A travel agency is subject to this chapter, notwithstanding that the customer’s name was obtained from the customer as part of a promotion where the customer signed up to receive a sales presentation or to enter a drawing for a prize prior to the solicitation. These activities do not constitute a previous travel services provider-customer relationship.

89 Acts, ch 274, §5

CS89, §120.5

C93, §9D.5