Charles H. Bronson, Commissioner - LuAnn Stiles, Director

Sellers of Travel

When you think of that paradise vacation -- you sometimes turn to your travel agent.  The Florida Department of Agriculture and Consumer Services regulates travel agencies in Florida.  A seller of travel is any resident or nonresident person, firm, corporation, or business entity who offers for sale, directly or indirectly, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups, through vacation or tour packages, or through vacation certificates in exchange for a fee, commission or other valuable consideration. The term includes any business entity offering membership in a travel club or travel service for an advance fee or payment, even if no travel contracts or certificates or vacation or tour packages are sold by the business entity.

Frequently Asked Questions about Sellers of Travel

What is a seller of travel? 

  • A seller of travel is any resident or nonresident person, firm, corporation, or business entity who offers for sale, directly or indirectly, at wholesale or retail, prearranged travel or tourist-related services for individuals or groups, through vacation or tour packages, or through vacation certificates in exchange for a fee, commission, or other valuable consideration. The term includes any business entity offering membership in a travel club or travel service for an advance fee or payment, even if no travel contracts or certificates or vacation or tour packages are sold by the business entity.

Who is required to register? 

  • Any seller of travel that has a business location in Florida or that offers to sell travel related services in Florida for individuals or groups.  Persons who have contracted with the Airlines Reporting Corporation (ARC) for 3 years or more under the same ownership and control are not required to register but must have a statement of exemption issued by the Department in order to obtain an occupational license. Sellers of Travel that offer vacation certificates, must have contracted with ARC for 5 years or more, under the same ownership and control, to qualify for this exemption.

What is required for registration?

  • Sellers of travel that DO NOT offer vacation certificates, must submit a completed registration form, non-refundable fee and proof of assurance in the form of a Surety Bond, Certificate of Deposit or Irrevocable Bank Letter of Credit in an amount not to exceed $25,000. A Seller of Travel that does not offer vacation certificates and that has a history of no unresolved complaints may request a reduction of security by completing the Application for Reduction of Sellers of Travel Bond and submitting it with a copy of the Seller of Travel Federal Income Tax Return or an audited financial statement for the immediately preceding fiscal year.

The criteria for deciding the amount of the assurance is as follows:

  • $10,000 -- Newly established business, business under new ownership, or a business that has been under the same ownership and control for at least one year and has less that $500,000 in gross annual sales. A newly established business need not provide financial documents.

  • $15,000 -- Business under the same ownership and control for at least one year with gross annual sales between $500,000 and $1,000,000.

  • $20,000 -- Business under the same ownership and control for at least one year with gross annual sales between $1,000,000 and $2,000,000.

  • $25,000 -- Business under the same ownership and control for at least one year with gross annual sales over $2,000,000.

IMPORTANT: Sellers of travel that offer vacation certificates MUST submit a completed registration form, a $300 registration fee, $100 document submission fee, $50,000 Surety Bond, Irrevocable Bank Letter of Credit, or Certificate of Deposit, and the vacation certificate documents required by ss.559.9295 and 559.932, Florida Statutes.

 

 

Is any public notice and disclosure required by this law? 

 

Registered sellers of travel must include the following phrase in their contracts:

  • A...(NAME OF FIRM)... is registered with the State of Florida as a Seller of Travel Registration NO. ...

Each advertisement of a seller of travel MUST include the phrase:

  • A Florida Seller of Travel Reg. NO. ...

In addition, all registered sellers of travel shall prominently display in the seller of travel's place of business, including branch offices, the certificate issued by the Florida Department of Agriculture and Consumer Services.

 

How long does a seller of travel have to file a security?

  • The security is renewed ANNUALLY. Persons who have been in the travel business for 5 or more consecutive years in compliance with Florida law may apply to the Department for a waiver of the security by filing an Application for Security Waiver and providing the necessary documentation.

 

Are non-profit corporations exempt from registration under the Seller of Travel Law F.S. 559.927? 

  • Not specifically as a group; the only exemptions which are recognized under the law are contained in Section 559.935, F.S.

 

Do travel clubs have to comply with the Sellers of Travel Law? 

  • Yes, including the vacation certificate provisions. The definition of a seller of travel states: The term includes any business entity offering membership in a travel club or travel services...

 

Are there any additional requirements for sellers of vacation certificates?

  • Sellers of travel who offer vacation certificates, wholesale or retail, MUST ANNUALLY submit the documents required under Section 559.9295, F.S., including a copy of the contract in compliance with 559.932, F.S. and pay an additional fee of $100.
Additional Resources

Protect Your Travel Investment: (Brochure) Vacations and traveling are usually fun times for everyone. Unfortunately, there are crooked sellers of travel out there trying to scam you out of your money. Before you book your next trip to paradise review this brochure to make sure you get what you pay for. (¡Español!)

Do you have more questions about sellers of travel?  Contact us via email.

File a Complaint Against a Seller of Travel