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NRS 598.405 to 598.525, inclusive; and
5. Any other services that are related to travel by air, land, rail or water or any other method of transportation.
(Added to NRS by 2001, 2147; A 2003, 1825)
NRS 598.356 “Vacation certificate” defined. “Vacation certificate” means any document received by a person for consideration paid in advance which evidences that the holder of the document is entitled to:
1. Transportation by air, land, rail or water; or
2. The use of lodging or other facilities for a specified period,
during the period for which the certificate is valid.
(Added to NRS by 2001, 2147)
NRS 598.361 Seller to maintain trust account; exception.
1. Except as otherwise provided in subsection 2:
(a) A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.
(b) If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.
(c) The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.
2. The provisions of this section do not apply to a seller of travel who deposits security with the Division pursuant to NRS 598.375.
(Added to NRS by 2003, 1820; A 2003, 2883)
NRS 598.365 Seller to register, deposit security and pay fees before advertising services or conducting business in this State; certificate of registration; renewal of certificate.
1. Before advertising its services or conducting business in this State, a seller of travel must register with the Division by:
(a) Submitting to the Division an application for registration on a form prescribed by the Division;
(b) Paying to the Division a fee of $25;
(c) Depositing the security required pursuant to NRS 598.375, if any, with the Division; and
(d) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.
2. The Division shall issue a certificate of registration to the seller of travel upon receipt of:
(a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and
(b) The payment of any fees required by this section.
3. A certificate of registration:
(a) Is not transferable or assignable; and
(b) Expires 1 year after it is issued.
4. A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:
(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division;
(b) Paying to the Division a fee of $25; and
(c) Paying to the Division a fee of $100 for deposit to the account established pursuant to NRS 598.371.
5. The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.
6. The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.
(Added to NRS by 2001, 2147; A 2003, 1826, 2888)
NRS 598.366 Seller to include registration number in advertising; form. A seller of travel shall include the registration number from his certificate of registration in any advertising conducted by, or on the behalf of, the seller of travel. The statement must be prominently displayed in the advertisement and be in substantially the following form in at least 10-point bold type in a font that is easy to read:
Nevada Seller of Travel
Registration No. _____.
(Added to NRS by 2003, 1820)
NRS 598.367 Seller to display notice of Recovery Fund; penalty.
1. A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:
RECOVERY FUND FOR CONSUMERS
DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this State for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
SOUTHERN NEVADA: 1850 East Sahara Avenue
Suite 101
Las Vegas, Nevada 89104
Phone: (702) 486-7355
Fax: (702) 486-7371
ncad@fyiconsumer.org
NORTHERN NEVADA: 4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502
Phone: (775) 688-1800
Fax: (775) 688-1803
2. The Division may impose upon a seller of travel an administrative fine of not more than:
(a) For the first violation of subsection 1, $100; and
(b) For a second or subsequent violation of subsection 1, $250.
3. The Division shall deposit any money received pursuant to this section in the account established pursuant to NRS 598.371.
4. The provisions of NRS 598.305 to 598.395, inclusive, do not limit the authority of the Division to take disciplinary action against a seller of travel.
(Added to NRS by 2003, 1822; A 2003, 2885)
Recovery Fund
NRS 598.371 Administration of Fund: Separate accounting; limitations on use.
1. The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (d) of subsection 1 and paragraph (c) of subsection 4 of NRS 598.365. The Division may refer to the money in the account as the “Recovery Fund.”
2. Except as otherwise provided in NRS 598.372, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to NRS 598.373 and 598.374.
(Added to NRS by 2003, 1820)
NRS 598.372 Administration of Fund: Report to Legislature; employment of persons; interest on money; limitations on balance; regulations.
1. The Division shall:
(a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.
(b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.
(c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.
2. Any intere
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