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provisions of NRS 598.495; and (b) The payment of the fee required by subsection 1. 3. A certificate of registration: (a) Is not transferable or assignable; and (b) Expires 1 year after it is issued. 4. A tour broker or tour operator 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; and (b) Paying to the Division a fee of $25. (Added to NRS by 2003, 1824) NRS 598.475 Tour broker and tour operator required to disclose total price in advertisement and prohibited from charging higher amount; notice required on billing invoice; tour broker and tour operator required to honor valid coupon; violation constitutes deceptive trade practice. 1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price. 2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of: (a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and (b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation. 3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which: (a) Sets forth the provisions of subsection 2; (b) States that complaints concerning the charges for a sightseeing tour may be directed to the Division; and (c) Provides a telephone number for the Division. 4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless: (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and (b) The date of expiration has passed. 5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive. (Added to NRS by 2001, 980) NRS 598.485 Applicability of provisions limited to tour brokers and tour operators operating in certain counties. The provisions of NRS 598.495, 598.506 and 598.515 do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more. (Added to NRS by 2001, 981) NRS 598.495 Security required to be deposited by tour broker and tour operator: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount. 1. Each tour broker and tour operator shall deposit with the Division: (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state; (b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or (c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the tour broker or tour operator. 2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year. 3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000. 4. If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The tour broker or tour operator shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division. 5. The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter. 6. A tour broker or tour operator may change the form of security that he has deposited with the Division. If the tour broker or tour operator changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect. 7. If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section. (Added to NRS by 2001, 981) NRS 598.506 Rights and remedies of injured consumers; resolution by Division of claims against security; regulations. 1. The security required to be deposited by a tour broker or tour operator pursuant to NRS 598.495 must be held in trust for consumers injured by: (a) The bankruptcy of the tour broker or tour operator; or (b) The tour broker’s or tour operator’s breach of any agreement entered into in his capacity as a tour broker or tour operator. 2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security. 3. The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The Division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the Division, the surety is then relieved of all liability under the bond. 4. The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond. (Added to NRS by 2001, 981) NRS 598.515 Release of security if tour broker

Vegas Law




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