Sections
25 entriesSection 17550.35Defines “restitution corporation” to mean the Travel Consumer Restitution Corporation for purposes of the governing travel provisions. The definition assigns that specific…Section 17550.36Defines “participant” for the article as a seller of travel, as defined by the referenced provision, who is registered under the seller-of-travel…Section 17550.37Defines a person aggrieved as a California-located passenger or payer who loses money because a registered seller of travel fails to make…Section 17550.38Establishes the Travel Consumer Restitution Corporation’s purpose of paying limited restitution from its fund to aggrieved persons, secondary to specified deposit, escrow,…Section 17550.39Requires participating sellers of travel to maintain a nonprofit mutual benefit corporation named the Travel Consumer Restitution Corporation. Exempts the State of…Section 17550.40Requires each participant to comply with every provision of the article and to follow the rules and decisions adopted by the Travel…Section 17550.41Establishes a six-member Travel Consumer Restitution Corporation board, including four participant directors elected each February to staggered two-year terms. Bars participant nominees…Section 17550.42Sets the Travel Consumer Restitution Corporation’s fiscal year to begin on July 1 of each year. The provision establishes only the annual…Section 17550.42.5Requires the Travel Consumer Restitution Corporation within 30 days after fiscal-year close, or another reasonable board-set period, to publish annual claims, fund-balance,…Section 17550.43Requires the Travel Consumer Restitution Corporation to maintain separate operations and restitution funds and prepare its next-year operating budget before fiscal-year end.…Section 17550.44Requires participant assessments 30-day pre-renewal/45-day post-billing, first-time assessments 10 days pre-business, emergency assessments 45 days post-billing, Attorney General levy reports within 10…Section 17550.45Requires the corporation to notify the Attorney General when an assessment remains unpaid 60 days after its due date, triggering immediate suspension…Section 17550.46Requires Attorney General approval of the restitution-fund claim form and claimants to provide identity, payment evidence, claim amount and basis, relevant documents,…Section 17550.47Allows travel-loss claimants with losses over $50 to seek restitution within one year after scheduled completion, paying $35 initially or $50 after…Section 17550.48Requires an aggrieved person who recovers from the Travel Consumer Restitution Fund to assign the corporation recovery rights, up to the amount…Section 17550.49Allows the Travel Consumer Restitution Corporation to seek recovery from a seller of travel after paying a claim, by lawful means including…Section 17550.50Exempts the Travel Consumer Restitution Corporation and its directors, officers, employees, and agents from personal liability and from any cause of action…Section 17550.51Exempts the Travel Consumer Restitution Corporation from liability for consequential damages and punitive damages connected with performance of its restitution function. The…Section 17550.52Allows the Attorney General or delegate to determine that the Travel Consumer Restitution Corporation failed or ceased to operate upon any listed…Section 17550.53Allows the Travel Consumer Restitution Corporation to independently investigate claims and, on Attorney General request, participate in seller-of-travel record examinations using approved…Section 17550.54Prohibits the Secretary of State from filing Travel Consumer Restitution Corporation articles or amendments without written Attorney General approval and bars the…Section 17550.55Exempts the Travel Consumer Restitution Corporation from every provision of the Insurance Code. The exclusion applies to the corporation itself and states…Section 17550.56Allows the Attorney General’s office and its designated representatives to examine and review the Travel Consumer Restitution Corporation at all times, investigate…Section 17550.57Requires, if the Travel Consumer Restitution Corporation dissolves, ceases to exist, or is determined to have failed or ceased operating, payment first…Section 17550.58Requires the Travel Consumer Restitution Corporation to reimburse the Department of Justice for all costs and expenses the department incurs administering this…