Fillable Printable Registration or Renewal of Travel Agency - Iowa

Registration or Renewal of Travel Agency - Iowa

As required by Iowa Codechapter9D, the travel agencysubmits the followingregistration/renewalinformation.

Pleasetypeorprintclearly.

1.Name of Travel Agency________________________________________________________________

Address____________________________________________________________________________

Phone Number______________________________________________________________________

Contact Email Address __________________________________________________________________

2.Name of alltravel agents employedby applicant (attach additional pages ifnecessary).

3.Name, address and phone number of persons owning or controlling 10% or more of the travel agency.

NAMEADDRESSPHONE

4.Foreign corporation only: name and address of the resident agent in Iowa for service of process.

ForOfficeUseOnly:

TA#:

Exp.Date:

This application represents:

First Time ApplicationAnnual Renewal

REGISTRATION/RENEWAL

TRAVEL AGENCY

PAUL D. PATE

SecretaryofState

StateofIowa

5.Evidence of type of financial security submitted as required by chapter 9D.3. Check only one box on the left:

Type of Financial SecurityProvide the Following

Letter of credit - $10,000

Bond - $10,000

Cash or Securities deposited

with Secretary of State

Professional Liability and

Errors & Omissions Ins. - $1,000,000

Airlines Reporting Corporation

membership #:________________________

Passenger Services Network Corporation

membership #:________________________

Similar organization approved by secretary

name_____________________________

membership #:________________________

Under penalty of perjury and pursuant to the laws of the State of Iowa, I, the authorized representative of the travel agency,

hereby certify the preceding is true and correct.

Signature_________________________________________Title________________________________

Print name______________________________________________Date_________________________

NOTES:

1. The fee for registration and renewal is $15.00. Make checks payable to SECRETARY OF STATE.

2. The information you provide wll be open to public inspection under Iowa Code chapter 22.11

If a registrant fails to pay the annual registration fee, the registration lapses and becomes ineffective. See instructions for more information on the

penalties for failure to register, failure to make corrections to a registration statement and failure to pay the annual registration fee. Registration must

include a completed consent to service of process.

For a new registration, attach letter of credit to application.

For a renewal, submit evidence that letter of credit still in effect.

For a new registration, complete bond form & attach to application.

For a renewal, bond is continous in nature, no evidence required.

For a new registration, attach cash or securities to application.

For a renewal, no evidence is required.

For a new registration, attach policy to application.

For a renewal, submit evidence that policy remains in effect.

For a new registration, attach copy of official approval and

appointment to application.

For a renewal, provide your membership #.

For a new registration, attach copy of official approval and

appointment to application.

For a renewal, provide your membership #.

For a new registration, attach copy of official approval and

appointment to application.

For a renewal, provide your membership #.

9D_001

Penalties

ITISIMPORTANTthatyoureadandunderstandtheseinstructionsbeforeyoubegintocompletetheapplicationform.Failure

tocompletetheapplicationcorrectlyorprovidealltherequestedinformationwillresultintheapplicationbeingreturnedand

adelayinfiling.Ifthereisinsufficientspaceontheformtoprovideallrequestedinformation,attachadditionalpagesas

required.Ifyouhaveanyquestions,call(515)281-5204.

INSTRUCTIONS

forRegistration/Renewal

ofTravelAgency

Theapplication mustbe signedand datedby an authorizedrepresentativeof the travelagency.

Thefee for registration and renewalis $15.00. Makechecks payable to the SECRETARY OFSTATE.

All applications, whether anew registration orrenewal,must beaccompaniedby the completedConsent to Serviceof Process

form.Through the Consentto Serviceof Process,thetravel agency,inreturn for being granted the right to conductbusiness asa

travel agencyinthestateof Iowa, agrees:

(a)to designate the secretaryof state asagent for thetravel agencyforthe purpose ofaccepting serviceof legaldocuments, and

(b) tosubmit to the jurisdiction of theIowa courtsfor resolutionof any legal proceedings arising from operationofthe travel agency

Pursuantto IowaCodesection 9D.4 , a person required toregister as a travel agency,or anowner of ten percentor moreof a travelagency,requiredto

register underIowa Codechapter9D,whichfailsto register,failstomakerequiredcorrectionsto its registrationstatement,or fails

to paytherequiredfee

onor before 30daysafterthe fee becomesdue,commitsa seriousmisdemeanor.

If a personrequired to beregistered or listedupon aregistration statement byIowa Codechapter 9Dreceives money, as a fee,commission, compensation,

orprofitinconnectionwithdoingbusinessas atravel agency or travelagentinIowainviolationof IowaCodesection9D.2 , the person, in additionto the

criminalpenalty setforth above,shallbe liablefor acivil penaltyofnot lessthanthreetimesthesum so received. IowaCode section 9D.4(2

A violation ofIowaCodechapter 9D isalso a violation of Iowa Code Section714.16 , commonlyknown as the Iowa Consumer Fraud Act.IowaCode section

9D.4(3). Penalties for violatingIowa Code section714.16mayincludeinjunctiverelief, restitution, attorneys fees,investigative expensesand a civilpenalty

not toexceed$40,000perviolation.

ITEM 1Thecomplete name ofthetravelagencyshouldappearherewith the address of the travelagency.

A telephonenumbermust also be provided.

ITEM 2List the names of all thetravelagents employedbythe applicant.Attach additionalpagesifneeded.

ITEM 3List the name, address andphone of persons owning/controlling10%or moreof the travel agency.

ITEM 4Foreigncorporationonly:provide the name & address of the residentagent inIowafor service of process.

ITEM 5Iowa Codechapter 9D.3 requires a travelagency to submitevidence of financialsecurity. Checkonly one

box on the left by thetypeoffinancialsecuritythe travel agencyis submittingto theSecretary of State.

After checking the typeof financialsecurity, followtheinstructionsin theright column:

If the application representsa new registration,theapplicantmust follow the instructions in the right

column"

fora newregistration". The applicantmustattach evidence of the typeoffinancial security

submittedor thatthe travel agency is amemberin goodstandingwiththe ARC or other similar agency.

If the application represents an annual renewal, the applicant must follow the instructions in the right

column,"

for a renewal".Before arenewalregistration can be issued, the secretary of state musthave

proof thatthetravelagency'sfinancialsecurity hasbeen renewedor the travelagency's membership #

in the ARC or other similar agency.

9D_001

PAUL D. PATE

SecretaryofState

StateofIowa

The Travel Agency,______________________________________, hereby grants irrevocable consent to the

Secretaryof State pursuantto Iowa Codechapter 9Dto act asan agentuponwhom any process,noticeor demand

in connectionwith anybusinessthis travel agency may conductin or fromthestate ofIowamaybe served. I further

acknowledge that actions in connection with doing business in the state of Iowa may be commenced against the travel

agency in the properjurisdictioninIowa in which the cause of action may arise,orinwhich the plaintiff may reside,

by service of process onthe secretary as the travel agency's agent and stipulateand agree that such service of process

shallbetaken and held by all courts to beasvalidand bindingasifserviceof processhad been made upon the travel

agency accordingtothe laws of Iowaor any otherstate.

______________________________________________________________

Nameofauthorizedrepresentativeof travelagency(print)

______________________________________________________________

Title

______________________________________________________________

Streetaddress oftravelagency

______________________________________________________________

CityStateZip

______________________________________________________________

Emailaddress

______________________________________________________________

Signature of authorizedrepresentativeDate

SECRETARYOFSTATE

Travel AgencyRegistration

DesMoines,IA 50319

Phone: (515) 281-5204

FAX: (515)242-5953

Website: sos.iowa.gov

TravelAgency

Consentto

ServiceofProcess

IowaCodechapter9D requires a travelagencyapplicationtobe accompaniedbya writtenirrevocableconsent to serviceof

process.Alltravelagencies, domesticor foreign, mustcomplete thisConsentto ServiceofProcessand returnitwith the

application,whethera new registrationor a renewalregistration.

Through the Consent to Service of Processthe travel agency, in return for being granted the right to conduct business as a travel

agencyinthe state ofIowa, agrees to:

(a)designatethe Secretaryof State,asagentfor the travelagency, forthepurposeofacceptingserviceofany

legaldocuments,and

(b)submitto thejurisdiction ofthe courts of Iowa for resolution of any legalproceedingsarisingfromoperation

of thetravel agency.

9D_001

PAUL D. PATE

SecretaryofState

StateofIowa

Lucas Building, 1st Floor

TRAVEL AGENCY

BONDFORM

1/97

This is thebondformprescribedby theSecretaryof State under IowaCodechapter9D.Anapplicantwhochoosesto

complywithIowaCodechapter9D,section3 byexecutinga suretybond,mustusethisform.

A suretybondiscontinuousinnature,thereforeanapplicantdoesnotneedtocompletethisformiftheapplication

representsa renewalanda bondisalreadyonfilewiththeSecretaryofState.Donotreturnthebondformseparate

fromtheapplicationorit willbereturnedandresult ina delayinfiling.

PAUL D. PATE

SecretaryofState

StateofIowa

PRINCIPAL:

SURETY:

ADMINISTRATOR: Secretary of State

BONDNO.:

TERM:niniamerdna02,noevitceffeemocebllahsdnobsihT

forceuntilterminatedinaccordancewith theprovisionsof paragraph4below.

, asprincipal,and

, assurety qualifiedto dobusinessinIowa, areboundin

penalsumof $10,000forpayment underthefollowingtermsandconditions.

TERMSANDCONDITIONS:

1.Theabove-namedprincipalhasappliedto theSecretaryof State forregistrationas a travelagencyunder Iowa

Codechapter9D.

2.IftheprincipalcomplieswiththeprovisionsofIowaCodechapter9Dandallrulesandregulationspromulgated

thereunder,andsatisfiesanylossor damages sufferedby theState of Iowaoranyperson[s]dealingwiththeprincipal

resulting

fromtheprincipal’sviolationofanyprovisionof IowaCodechapter9D, orrulesandregulationspromulgated

thereunder,thenthisobligationshallbevoid.Otherwisethisbondshallremaininfullforceandeffect.Thisbondispayable

totheStateofIowaforuseandbenefitofeither:(a)[any]person[s]whois[are]injuredbythefraud,misrepresentation,

or financialfailureoftheprincipaloratravelagent employedbytheprincipal;or(b) theState onbehalf of anyperson[s]

soinjured.

3.Thisbondshallbeonecontinuingobligationandinnoeventshalltheliabilityexceedthepenalsumof

$10,000fortheaggregateofanyclaimsoccurringduringthetermofthisbond.

4.Thesuretyshallhavetheright to terminate its obligationunderthisbondby filingwrittennoticeofits intent to

cancel the bond with the Secretary of State and the principalat least 60 days prior to the effective date of such termination.

Obligationsofthesuretyarisingpriortotheeffectivedateshallnotbeaffectedbythetermination.

02,foyadsihtnoDETUCEXE

, Principal

.yb

NOTE:PersonsexecutingforsuretyotherthancorporateofficersmustattachPowerofAttorney.

, Surety

.yb

CHAPTER 9D

TRAVEL AGENCIES AND AGENTS

9D.1 Definitions

9D.2 Registration required

9D.3 Evidence of financial security.

9D.4 Penalties.

9D.5 Exemptions.

9D.1 Definitions.

1. “Applicant” means a person applying for registration

under this chapter.

2. “Customer” means a person who is offered or who

purchases travel services.

3. “Registrant” means a person registered pursuant to

this chapter.

4. “Secretary” means the secretary of state.

5. “Solicitation” means contact by a travel agency or

travel agent of a customer for the purpose of selling or

offering to sell travel services.

6. “Travel agency” means a person who represents,

directly or indirectly, that the person is offering or undertak-

ing by any means or method, to provide travel services for a

fee, commission, or other valuable consideration, direct or

indirect.

7. “Travel agent” means a person employed by a travel

agency whose principal duties include consulting with and

advising persons concerning travel arrangements or accom-

modations.

8. “Travel services” means arranging or booking vaca-

tion or travel packages, travel reservations or accommoda-

tions, tickets for domestic or foreign travel by air, rail, ship,

bus, or other medium of transportation, or hotel or other

lodging accommodations. Travel services include travel

related prizes or awards for which the customer must pay a

fee or, in connection with the prize or award, expend

moneys for the direct or indirect monetary benefit of the

person making the award, in order for the customer to

collect or enjoy the benefits of the prize or award.

89 Acts, ch 274, §1

CS89, § 120.1

C93, § 9D.1

9D.2 Registration required.

1. a. A travel agency doing business in this state shall

its travel agent conducts the solicitation of an Iowa resident.

b. A travel agency required to register under paragraph

”a” shall not permit a travel agent employed by the travel

agency to do business in this state unless the agency has

filed the required registration statement.

2. A travel agent shall not knowingly do business in this

state unless and until the travel agency employing the travel

agent has registered with the secretary of state as a travel

agency if the travel agency or any of the agency’s travel

agents conduct the solicitation of an Iowa resident.

3. This section does not require registration for, or

prohibit, solicitation by mail or telecommunications of a

person with whom the travel agency has a previous travel

services provider-customer relationship, having previously

arranged travel related services for that customer on at least

one prior occasion.

4. “Doing business” in this state, for purposes of this

chapter, means any of the following:

a. Offering to sell or selling travel services, if the offer is

made or received within the state.

b. Offering to arrange, or arranging, travel services for a

fee or commission, direct or indirect, if the offer is made or

received in this state.

c. Offering to, or awarding travel services as a prize or

award, if the offer or award is made in or received in this

state.

5. An applicant shall complete the registration state-

ment form provided by the secretary. The registration

statement must be accompanied by the required bond or

evidence of financial responsibility and the registration fee.

The registration statement shall include all of the following:

a. The name and signature of an officer or partner of a

business entity or the names and signatures of the principal

owner and operator if the agency is a sole proprietorship.

b. The name, address, and telephone number of the

applicant and the name of all travel agents employed by the

applicant travel agency.

c. The name, address, and telephone number of any

person who owns or controls, directly or indirectly, ten

percent or more of the applicant.

d. If the applicant is a foreign corporation or business,

the name and address of the corporation’s agent in this

state for service of process.

e. Any additional information required by rule adopted

by the secretary pursuant to chapter 17A.

The application shall be accompanied by a written irrevo-

cable consent to service of process. The consent must

provide that actions in connection with doing business in

this state may be commenced against the registrant in the

proper jurisdiction in this state in which the cause of action

may arise, or in which the plaintiff may reside, by service of

process on the secretary as the registrant’s agent and

stipulating and agreeing that such service of process shall

betaken and held in all courts to be as valid and binding as

if service of process had been made upon the person

according to the laws of this or any other state. The consent

to service of process shall be in such form and supported by

such additional information as the secretary may by rule

require.

An annual registration fee as established by the secretary

by rule is required at the time the registration statement is

filed with the secretary, and on or before the anniversary

date of the effective date of registration for each subsequent

year. The registration fee shall be established at a rate

deemed reasonably necessary by the secretary to support

the administration of this chapter, but not to exceed fifteen

dollars per year per agency. If a registrant fails to pay the

annual registration fee, the registration lapses and becomes

ineffective.

A registrant shall submit to the secretary corrections to the

information supplied in the registration statement within a

reasonable time after a change in circumstances, which

circumstances would be required to be reported in an initial

9D.3 Evidence of financial security.

1. An application for a travel agency must be accompa-

nied by a surety or cash performance bond in conformity

with rules adopted by the secretary in the principal amount

of ten thousand dollars, with an aggregate limit of ten

thousand dollars. The bond shall be executed by a surety

company authorized to do business in this state, and the

bond shall be continuous in nature until canceled by the

surety with not less than sixty days’ written notice to both

the registrant and to the secretary. The notice shall indicate

the surety’s intent to cancel the bond on a date at least

sixty days after the date of the notice.

2. The bond shall be payable to the state for the use

and benefit of either:

a. A person who is injured by the fraud, misrepresenta-

tion, or financial failure of the travel agency or a travel agent

employed by the travel agency.

b. The state on behalf of a person or persons under

paragraph “a”.

The bond shall be conditioned such that the registrant will

pay any judgment recovered by a person in a court of this

state in a suit for actual damages, including reasonable

attorney’s fees, or for rescission, resulting from a cause of

action involving the sale or offer of sale of travel services.

The bond shall be open to successive claims, but the

aggregate amount of the claims paid shall not exceed the

principal amount of the bond.

3. If a registrant has contracted with the airlines

reporting corporation or the passenger network services

corporation, or similar organizations approved by the

secretary of state with equivalent bonding requirements for

participation, in lieu of the bond required by subsection 1,

the registrant may file with the secretary a certified copy of

the official approval and appointment of the applicant from

the airlines reporting corporation or the passenger network

services corporation.

4. In lieu of any bond or guarantee required to be

provided by this section, a registrant may do any of the

following:

a. File with secretary proof of professional liability and

errors and omissions insurance in an amount of at least

one million dollars annually.

b. Deposit with the secretary cash, securities, or a

statement from a federally insured financial institution

guaranteeing the performance of the registrant up to a

maximum of ten thousand dollars to be held or applied to

the purposes to which the proceeds of the bond would

otherwise be applied.

89 Acts, ch 274, §3

9D.4 Penalties.

1. A person required to register as a travel agency, or

an owner of ten percent or more of a travel agency, required

to register by this chapter, which fails to register, fails to

make required corrections to its registration statement, or

fails to pay the required fee on or before thirty days after the

fee becomes due, commits a serious misdemeanor.

2. If a person required to be registered or listed upon a

registration statement by this chapter receives money, as a

fee, commission, compensation, or profit in connection with

doing business in this state in violation of section 9D.2, the

person, in addition to the criminal penalty in subsection 1,

shall be liable for a civil penalty of not less than threetimes

the sum so received, as may be determined by the

court,which penalty may be recovered in a court of

competentjurisdiction by an aggrieved person, or by the

attorney general for the benefit of an aggrieved person or

class ofpersons.

3. A violation of this chapter is also a violation of

section 714.16.

89 Acts, ch 274, §4

CS89, § 120.4

C93, § 9D.4

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 accommoda-

tions.

b. A direct common carrier of passengers or property

regulated by an agency of the federal government or em-

ployees 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, notwith-

standing 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 consti-

tute a previous travel services provider-customer relation-

ship.

89 Acts, ch 274, §5

CS89, § 120.5

C93, §9D.5

(Source: Iowa Code 2007)

registration statement, except travel agents’ names as

required in subsection 5, paragraph “b”. The names of travel

agents shall be updated at the time of annual registration.

The secretary may revoke or suspend a registration for

cause subject to the contested case provisions of chapter

17A.

89 Acts, ch 274, §2

CS89, § 120.2

C93, §9D.2

CS89, § 120.3

C93, § 9D.3