*** Travel Agent License Requirements***

I received information today from the Office of the Attorney General, Sellers of Travel program.

A Seller of Travel is defined in Section 17550.1 of the Business and Professions Code as a "person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail, either of the following:

1. Air or sea transportation, other than sea carriage, either separately or in conjunction with other travel services.

2. Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300)."

If the independent agent meets the requirements of a seller of travel, register with our office is required. For your convenience, information regarding the Seller of Travel Program, including access to all Seller of Travel forms, can be found on our website at https://oag.ca.gov/travel.

However, Business and Professions Code section 17550.20(g) exempts from registration as a seller of travel an individual person, or a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual. Registration is not required, if an individual or single-member company, or single-shareholder “S” corporation meets all of the following requirements:

1. Has a written contract with a registered seller of travel to act on that registered seller of travel's behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.

2. Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.

3. Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.

4. Does not receive any consideration for air or sea transportation or other travel services from the passenger.

5. Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.

6. Discloses both of the following:

o The person is acting on behalf of a registered seller of travel.

o The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person's Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger's purchase of air or sea transportation or travel services.

1. Florida Seller of Travel exemption (FL SOT)

- Florida is currently the only state that *requires* an exemption filing for host-based agents.

- You must file the Florida exemption if your travel agency currently is selling through Tiff Touch Travel and has (or could have) clients in Florida or clients traveling to/from/within Florida – it’s about where the *clients* are/are going, not where you live.

- There is an annual fee (currently $50).

- Florida filing is done through the Florida Department of Agriculture and Consumer Services.

If you are still unclear as to whether you need to register or not, you may want to consult a private attorney who can analyze all aspects of your business and help you decide.

@Antoinette Martin

is our resident legal counsel who may either be able to assist you or direct you to legal resources to provide clarity.

An independent agent who operates as seller of travel is required to register.

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