59.1-448 - Travel services agreement; disclosure.
§ 59.1-448. Travel services agreement; disclosure.
A. The travel services agreement shall contain a written disclosure of alllimitations on and terms of the membership and shall be provided to thepurchaser at the time the agreement is executed. The disclosure shall clearlyand conspicuously include:
1. The name, business address and telephone number of the travel club;
2. The amount due, the date of payment, the purpose of the payment and anitemized statement of the balance due, if any;
3. A detailed description of any other service provided in conjunction withthe agreement;
4. The conditions, if any, upon which the travel services agreement ormembership in the travel club may be canceled and the rights and obligationsof all parties in the event of such cancellation; and
5. A description of all contingencies, limitations or conditions of theagreement.
B. The purchaser may cancel the travel service agreement until midnight ofthe seventh calendar day after execution of the contract by use of the formprescribed in subsection C of this section; however, notice of cancellationneed not take the form prescribed and shall be sufficient if it indicates theintention of the purchaser not to be bound. Notice of cancellation, if givenby mail, shall be deemed given when deposited in a mailbox, properlyaddressed and postage prepaid. If the seventh calendar day falls on a Sundayor legal holiday, then the right to cancel the travel service agreement shallexpire on the day immediately following that Sunday or legal holiday.
C. The written disclosure shall include, in addition to the requirements ofsubsections A and B of this section, the following statement which shallappear immediately above the buyer's signature under the conspicuous caption,"BUYER'S NONWAIVABLE RIGHT TO CANCEL," which caption shall be printed in noless than ten-point, bold-faced type:
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHINSEVEN CALENDAR DAYS FROM YOUR EXECUTION OF THIS CONTRACT UNLESS YOU HAVEALREADY USED THE TRAVEL SERVICES PROVIDED IN CONNECTION WITH THIS TRAVELSERVICES AGREEMENT. IF YOU HAVE ALREADY USED THE TRAVEL SERVICES PROVIDED INCONNECTION WITH THIS TRAVEL SERVICES AGREEMENT, YOU MAY STILL CANCEL THISTRANSACTION WITHIN SEVEN CALENDAR DAYS FROM YOUR EXECUTION HEREOF, BUT YOUARE NOT ENTITLED TO A REFUND OF ANY PRIOR PAYMENTS MADE FOR THE SPECIFICTRAVEL SERVICES UTILIZED.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THISCANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR SEND A TELEGRAM TO:
(Name of Seller) AT (Address of Seller)
.................... ....................
.................... NOT LATER THAN
Place of Business MIDNIGHT OF THE SEVENTH
.................... DAY AFTER RECEIPT OF
.................... THIS DISCLOSURE
(Date)
I HEREBY CANCEL THIS TRANSACTION
(Date)
....................
(Purchaser's Signature)
D. Within forty-five days after notice of cancellation is received, thetravel club shall refund to the purchaser any payments made by the purchaserpursuant to the travel services agreement. However, the travel club mayretain payments made for specific travel services utilized. The refund may bemade by crediting the purchaser's credit card account if a credit card wasused to make a payment and if the travel club informs the purchaser inwriting that the credit card account has been credited.
E. The right of cancellation afforded the purchaser by this chapter isnonwaivable and any provision in any instrument to the contrary shall be nulland void.
(1993, c. 760; 1994, c. 482.)