Skip to Content


HOUSE DOCKET, NO. 618         FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 205

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James J. Dwyer

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing the Massachusetts travelers bill of rights.

_______________

PETITION OF:

 

Name:

District/Address:

James J. Dwyer

30th Middlesex

James R. Miceli

19th Middlesex

Elizabeth A. Poirier

14th Bristol

Cory Atkins

14th Middlesex

Brian R. Mannal

2nd Barnstable

Colleen M. Garry

36th Middlesex

Michael D. Brady

9th Plymouth

Sean Garballey

23rd Middlesex

Gale D. Candaras

First Hampden and Hampshire

Chris Walsh

6th Middlesex

James M. Cantwell

4th Plymouth

John J. Binienda

17th Worcester

William N. Brownsberger

Second Suffolk and Middlesex

Dennis A. Rosa

4th Worcester

Diana DiZoglio

14th Essex


HOUSE DOCKET, NO. 618        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 205

By Mr. Dwyer of Woburn, a petition (accompanied by bill, House, No. 205) of James J. Dwyer and others for legislation to require businesses offering  travel services to provide consumers with health and safety information relative to international destinations .  Consumer Protection and Professional Licensure. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act establishing the Massachusetts travelers bill of rights.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Chapter 93 of the Generals Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 114 the following new section:-

              Section 115. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

              “International travel service,” a service that a consumer can use to reserve lodging at an overseas vacation destination.

              “Office,” the office of consumer affairs and business regulation

              “Overseas vacation destination”, a resort, hotel, retreat, hostel, or any other similar lodging outside the United States.

              “Business Operator,” an individual or entity that operates a business that provides access to international travel services including an overseas vacation destination or a third party that operates a business that offers international travel services.

              (b) A business operator, in a manner in compliance with regulations issued by the office of consumer affairs and business regulations, shall provide information to consumers in a clear and conspicuous manner regarding the potential health and safety risks associated with overseas vacation destinations marketed by said business, if any, including the following:

              (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts;

              (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination:--

              (i) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests;

              (ii) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation;

              (iii) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and

              (iv) employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests; or

              (3) Information that services are not available 24 hours a day. If the onsite health and safety services at an overseas vacation destination are not available 24 hours a day, 7 days a week, the business operator shall provide the hours and days of availability in a clear and conspicuous manner.

              (c) If the onsite health and safety services described in paragraph (2) are not available at an overseas vacation destination, or if the business operator does not possess information on the onsite health and safety services required to be provided, the business operator shall provide in a clear and conspicuous manner the following notification:-- “This destination does not provide certain health and safety services, or information regarding such services is not available. Travel to this destination may pose an increased risk to your health or safety”.

              (d) A businessoperator shall establish a process under which an overseas vacation destination will be suspended from its offerings as a result of complaints from consumers to the business operator regarding poor medical care, unsafe or unsanitary facilities, or other health or safety-related issues with respect to such destination.

              (f) A violation of any provision of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) set forth in section 2 of chapter 93A. The office of consumer affairs and business regulation shall enforce this act, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this act.

              SECTION 2. The office of consumer affairs and business regulation shall issue regulations to carry out this act not later than six months after the effective date of this act.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error