What is the statute of limitations for a claim related to travel advertising in California?
Full Question:
Answer:
A statute of limitations is a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. It is not clear from your question in what claim against travel agencies you are interested. The sections of the California statute that you cited create many obligations and responsibilities of defined travel organizations. Violations of any of these actions carry different consequences and remedies for the consumer.
However, Section 17550.018 states in part "(c) Any action or proceeding to attack, review, set aside, void, change, or annul any decision, determination, or finding of the Attorney General or his or her delegate pursuant to Article 2.6 (commencing with Section 17550) or Article 2.7 (commencing with Section 17550.35) shall be in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure.
In such action or proceeding, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion shall be found by the court only if the decision,
determination, or finding was not supported by substantial evidence in light of the entire written record before the Attorney General or his or her delegate at the time the decision, determination, or finding was made. The record before the court shall be the same
written record upon which the Attorney General or his or her delegate acted.
Once source of a claim, for a refund, provides the time limit to make the refund:
According to Section 17550.014 (a) The seller of travel has an obligation either to provide the air or sea transportation or travel services purchased by the passenger or to make a refund as provided by this section. The seller of travel shall return to the passenger all moneys paid for
air or sea transportation or travel services not actually provided to the passenger, within either of the following periods, whichever is earlier:
(1) Thirty days from one of the following dates:
(A) The scheduled date of departure.
(B) The day the passenger requests a refund.
(C) The day of cancellation by the seller of travel.
(2) Three days from the day the seller of travel is first unable to provide the air or sea transportation or travel services.
As used in this section, "unable to provide" includes, but is not limited to, any day on which the passenger's funds are not in the trust account required by Section 17550.15 and subdivision (g) of Section 17550.21 or the funds necessary to provide the passenger's
transportation or travel services have been disbursed other than as allowed by Section 17550.15 or subdivision (a) of Section 17550.16.
(b) If the seller of travel has disbursed the passenger's funds pursuant to paragraph (1), (2), (3), or (4) of subdivision (c) of Section 17550.15 and the disbursement is in full payment for the services or transportation purchased by the passenger, the seller of travel may, instead of providing a refund, provide to the passenger a written statement accompanied by bank records establishing that the passenger's funds were disbursed as required by those provisions and,
if disbursed to a seller of travel, proof of current registration of that seller of travel. A seller of travel who is exempt from the requirements of Section 17550.15 pursuant to subdivision (a) of
Section 17550.16 and who is in compliance with subdivision (a) of Section 17550.16 may comply with this section by maintaining and providing to the passenger documentary proof of disbursement in compliance with subdivision (a) of Section 17550.16, and proof of
current registration of the seller of travel to whom the funds were disbursed, which registration shall note that the registered seller of travel either has a trust account in compliance with Section 17550.15, or is exempt from the requirements of Section 17550.15 pursuant to subdivision (b) or (c) of Section 17550.16. This subdivision does not apply to refunds subject to subdivision (c) or (d).
(c) If terms and conditions relating to a refund upon cancellation by the passenger have been disclosed and agreed to by the passenger and the passenger elects to cancel for any reason other than a seller of travel being unable to provide the air or sea transportation or
travel services purchased, the making of a refund in accordance with those terms and conditions shall be deemed to constitute compliance with this section.
(d) Any material misrepresentation by the seller of travel shall be deemed to be a violation of this article and cancellation by the seller of travel, necessitating a refund as required by subdivision (a).
