Fillable Printable Registration or Renewal of Travel Agency - Iowa
Fillable Printable Registration or Renewal of Travel Agency - Iowa
Registration or Renewal of Travel Agency - Iowa
As required by Iowa Code chapter 9D, the travel agency submits the following registration/renewal information.
Please type or print clearly.
1. Name of Travel Agency ________________________________________________________________
Address ____________________________________________________________________________
Phone Number ______________________________________________________________________
Contact Email Address __________________________________________________________________
2. Name of all travel agents employed by applicant (attach additional pages if necessary).
3. Name, address and phone number of persons owning or controlling 10% or more of the travel agency.
NAME ADDRESS PHONE
4. Foreign corporation only: name and address of the resident agent in Iowa for service of process.
For Office Use Only:
TA #:
Exp. Date:
This application represents:
First Time Application Annual Renewal
REGISTRATION/RENEWAL
OF
TRAVEL AGENCY
PAUL D. PATE
Secretary of State
State of Iowa
5. Evidence of type of financial security submitted as required by chapter 9D.3. Check only one box on the left:
Type of Financial Security Provide the Following
Letter of credit - $10,000
Bond - $10,000
Cash or Securities deposited
with Secretary of State
Professional Liability and
Errors & Omissions Ins. - $1,000,000
Airlines Reporting Corporation
membership #: ________________________
Passenger Services Network Corporation
membership #: ________________________
Similar organization approved by secretary
name _____________________________
membership #: ________________________
Under penalty of perjury and pursuant to the laws of the State of Iowa, I, the authorized representative of the travel agency,
hereby certify the preceding is true and correct.
Signature _________________________________________ Title________________________________
Print name______________________________________________Date _________________________
NOTES:
1. The fee for registration and renewal is $15.00. Make checks payable to SECRETARY OF STATE.
2. The information you provide wll be open to public inspection under Iowa Code chapter 22.11
If a registrant fails to pay the annual registration fee, the registration lapses and becomes ineffective. See instructions for more information on the
penalties for failure to register, failure to make corrections to a registration statement and failure to pay the annual registration fee. Registration must
include a completed consent to service of process.
For a new registration, attach letter of credit to application.
For a renewal, submit evidence that letter of credit still in effect.
For a new registration, complete bond form & attach to application.
For a renewal, bond is continous in nature, no evidence required.
For a new registration, attach cash or securities to application.
For a renewal, no evidence is required.
For a new registration, attach policy to application.
For a renewal, submit evidence that policy remains in effect.
For a new registration, attach copy of official approval and
appointment to application.
For a renewal, provide your membership #.
For a new registration, attach copy of official approval and
appointment to application.
For a renewal, provide your membership #.
For a new registration, attach copy of official approval and
appointment to application.
For a renewal, provide your membership #.
9D_001
Penalties
IT IS IMPORTANT that you read and understand these instructions before you begin to complete the application form. Failure
to complete the application correctly or provide all the requested information will result in the application being returned and
a delay in filing. If there is insufficient space on the form to provide all requested information, attach additional pages as
required. If you have any questions, call (515) 281-5204.
INSTRUCTIONS
for Registration/Renewal
of Travel Agency
The application must be signed and dated by an authorized representative of the travel agency.
The fee for registration and renewal is $15.00. Make checks payable to the SECRETARY OF STATE.
All applications, whether a new registration or renewal, must be accompanied by the completed Consent to Service of Process
form. Through the Consent to Service of Process, the travel agency, in return for being granted the right to conduct business as a
travel agency in the state of Iowa, agrees:
(a) to designate the secretary of state as agent for the travel agency for the purpose of accepting service of legal documents, and
(b) to submit to the jurisdiction of the Iowa courts for resolution of any legal proceedings arising from operation of the travel agency
Pursuant to Iowa Code section 9D.4 , a person required to register as a travel agency, or an owner of ten percent or more of a travel agency, required to
register under Iowa Code chapter 9D, which fails to register, fails to make required corrections to its registration statement, or fails
to pay the required fee
on or before 30 days after the fee becomes due, commits a serious misdemeanor.
If a person required to be registered or listed upon a registration statement by Iowa Code chapter 9D receives money, as a fee, commission, compensation,
or profit in connection with doing business as a travel agency or travel agent in Iowa in violation of Iowa Code section 9D.2 , the person, in addition to the
criminal penalty set forth above, shall be liable for a civil penalty of not less than three times the sum so received. Iowa Code section 9D.4(2
).
A violation of Iowa Code chapter 9D is also a violation of Iowa Code Section 714.16 , commonly known as the Iowa Consumer Fraud Act. Iowa Code section
9D.4(3). Penalties for violating Iowa Code section 714.16 may include injunctive relief, restitution, attorneys fees, investigative expenses and a civil penalty
not to exceed $40,000 per violation.
ITEM 1 The complete name of the travel agency should appear here with the address of the travel agency.
A telephone number must also be provided.
ITEM 2 List the names of all the travel agents employed by the applicant. Attach additional pages if needed.
ITEM 3 List the name, address and phone of persons owning/controlling 10% or more of the travel agency.
ITEM 4 Foreign corporation only: provide the name & address of the resident agent in Iowa for service of process.
ITEM 5 Iowa Code chapter 9D.3 requires a travel agency to submit evidence of financial security. Check only one
box on the left by the type of financial security the travel agency is submitting to the Secretary of State.
After checking the type of financial security, follow the instructions in the right column:
If the application represents a new registration, the applicant must follow the instructions in the right
column "
for a new registration". The applicant must attach evidence of the type of financial security
submitted or that the travel agency is a member in good standing with the ARC or other similar agency.
If the application represents an annual renewal, the applicant must follow the instructions in the right
column, "
for a renewal". Before a renewal registration can be issued, the secretary of state must have
proof that the travel agency's financial security has been renewed or the travel agency's membership #
in the ARC or other similar agency.
9D_001
PAUL D. PATE
Secretary of State
State of Iowa
The Travel Agency, ______________________________________ , hereby grants irrevocable consent to the
Secretary of State pursuant to Iowa Code chapter 9D to act as an agent upon whom any process, notice or demand
in connection with any business this travel agency may conduct in or from the state of Iowa may be served. I further
acknowledge that actions in connection with doing business in the state of Iowa may be commenced against the travel
agency in the proper jurisdiction in Iowa in which the cause of action may arise, or in which the plaintiff may reside,
by service of process on the secretary as the travel agency's agent and stipulate and agree that such service of process
shall be taken and held by all courts to be as valid and binding as if service of process had been made upon the travel
agency according to the laws of Iowa or any other state.
______________________________________________________________
Name of authorized representative of travel agency (print)
______________________________________________________________
Title
______________________________________________________________
Street address of travel agency
______________________________________________________________
City State Zip
______________________________________________________________
Email address
______________________________________________________________
Signature of authorized representative Date
SECRETARY OF STATE
Travel Agency Registration
Des Moines, IA 50319
Phone: (515) 281-5204
FAX: (515) 242-5953
Website: sos.iowa.gov
Travel Agency
Consent to
Service of Process
Iowa Code chapter 9D requires a travel agency application to be accompanied by a written irrevocable consent to service of
process. All travel agencies, domestic or foreign, must complete this Consent to Service of Process and return it with the
application, whether a new registration or a renewal registration.
Through the Consent to Service of Process the travel agency, in return for being granted the right to conduct business as a travel
agency in the state of Iowa, agrees to:
(a) designate the Secretary of State, as agent for the travel agency, for the purpose of accepting service of any
legal documents, and
(b) submit to the jurisdiction of the courts of Iowa for resolution of any legal proceedings arising from operation
of the travel agency.
9D_001
PAUL D. PATE
Secretary of State
State of Iowa
Lucas Building, 1st Floor
TRAVEL AGENCY
BOND FORM
1/97
This is the bond form prescribed by the Secretary of State under Iowa Code chapter 9D. An applicant who chooses to
comply with Iowa Code chapter 9D, section 3 by executing a surety bond, must use this form.
A surety bond is continuous in nature, therefore an applicant does not need to complete this form if the application
represents a renewal and a bond is already on file with the Secretary of State. Do not return the bond form separate
from the application or it will be returned and result in a delay in filing.
PAUL D. PATE
Secretary of State
State of Iowa
PRINCIPAL:
SURETY:
ADMINISTRATOR: Secretary of State
BOND NO.:
TERM: ni niamer dna 02 ,no evitceffe emoceb llahs dnob sihT
force until terminated in accordance with the provisions of paragraph 4 below.
, as principal, and
, as surety qualified to do business in Iowa, are bound in
penal sum of $10,000 for payment under the following terms and conditions.
TERMS AND CONDITIONS:
1. The above-named principal has applied to the Secretary of State for registration as a travel agency under Iowa
Code chapter 9D.
2. If the principal complies with the provisions of Iowa Code chapter 9D and all rules and regulations promulgated
thereunder, and satisfies any loss or damages suffered by the State of Iowa or any person[s] dealing with the principal
resulting
from the principal’s violation of any provision of Iowa Code chapter 9D, or rules and regulations promulgated
thereunder, then this obligation shall be void. Otherwise this bond shall remain in full force and effect. This bond is payable
to the State of Iowa for use and benefit of either: (a) [any] person[s] who is[are] injured by the fraud, misrepresentation,
or financial failure of the principal or a travel agent employed by the principal; or (b) the State on behalf of any person[s]
so injured.
3. This bond shall be one continuing obligation and in no event shall the liability exceed the penal sum of
$10,000 for the aggregate of any claims occurring during the term of this bond.
4. The surety shall have the right to terminate its obligation under this bond by filing written notice of its intent to
cancel the bond with the Secretary of State and the principal at least 60 days prior to the effective date of such termination.
Obligations of the surety arising prior to the effective date shall not be affected by the termination.
02 ,fo yadsiht no DETUCEXE
, Principal
. yb
NOTE: Persons executing for surety other than corporate officers must attach Power of Attorney.
, Surety
. yb
CHAPTER 9D
TRAVEL AGENCIES AND AGENTS
9D.1 Definitions
9D.2 Registration required
9D.3 Evidence of financial security.
9D.4 Penalties.
9D.5 Exemptions.
9D.1 Definitions.
1. “Applicant” means a person applying for registration
under this chapter.
2. “Customer” means a person who is offered or who
purchases travel services.
3. “Registrant” means a person registered pursuant to
this chapter.
4. “Secretary” means the secretary of state.
5. “Solicitation” means contact by a travel agency or
travel agent of a customer for the purpose of selling or
offering to sell travel services.
6. “Travel agency” means a person who represents,
directly or indirectly, that the person is offering or undertak-
ing by any means or method, to provide travel services for a
fee, commission, or other valuable consideration, direct or
indirect.
7. “Travel agent” means a person employed by a travel
agency whose principal duties include consulting with and
advising persons concerning travel arrangements or accom-
modations.
8. “Travel services” means arranging or booking vaca-
tion or travel packages, travel reservations or accommoda-
tions, tickets for domestic or foreign travel by air, rail, ship,
bus, or other medium of transportation, or hotel or other
lodging accommodations. Travel services include travel
related prizes or awards for which the customer must pay a
fee or, in connection with the prize or award, expend
moneys for the direct or indirect monetary benefit of the
person making the award, in order for the customer to
collect or enjoy the benefits of the prize or award.
89 Acts, ch 274, §1
CS89, § 120.1
C93, § 9D.1
9D.2 Registration required.
1. a. A travel agency doing business in this state shall
register with the secretary of state as a travel agency if it or
its travel agent conducts the solicitation of an Iowa resident.
b. A travel agency required to register under paragraph
”a” shall not permit a travel agent employed by the travel
agency to do business in this state unless the agency has
filed the required registration statement.
2. A travel agent shall not knowingly do business in this
state unless and until the travel agency employing the travel
agent has registered with the secretary of state as a travel
agency if the travel agency or any of the agency’s travel
agents conduct the solicitation of an Iowa resident.
3. This section does not require registration for, or
prohibit, solicitation by mail or telecommunications of a
person with whom the travel agency has a previous travel
services provider-customer relationship, having previously
arranged travel related services for that customer on at least
one prior occasion.
4. “Doing business” in this state, for purposes of this
chapter, means any of the following:
a. Offering to sell or selling travel services, if the offer is
made or received within the state.
b. Offering to arrange, or arranging, travel services for a
fee or commission, direct or indirect, if the offer is made or
received in this state.
c. Offering to, or awarding travel services as a prize or
award, if the offer or award is made in or received in this
state.
5. An applicant shall complete the registration state-
ment form provided by the secretary. The registration
statement must be accompanied by the required bond or
evidence of financial responsibility and the registration fee.
The registration statement shall include all of the following:
a. The name and signature of an officer or partner of a
business entity or the names and signatures of the principal
owner and operator if the agency is a sole proprietorship.
b. The name, address, and telephone number of the
applicant and the name of all travel agents employed by the
applicant travel agency.
c. The name, address, and telephone number of any
person who owns or controls, directly or indirectly, ten
percent or more of the applicant.
d. If the applicant is a foreign corporation or business,
the name and address of the corporation’s agent in this
state for service of process.
e. Any additional information required by rule adopted
by the secretary pursuant to chapter 17A.
The application shall be accompanied by a written irrevo-
cable consent to service of process. The consent must
provide that actions in connection with doing business in
this state may be commenced against the registrant in the
proper jurisdiction in this state in which the cause of action
may arise, or in which the plaintiff may reside, by service of
process on the secretary as the registrant’s agent and
stipulating and agreeing that such service of process shall
betaken and held in all courts to be as valid and binding as
if service of process had been made upon the person
according to the laws of this or any other state. The consent
to service of process shall be in such form and supported by
such additional information as the secretary may by rule
require.
An annual registration fee as established by the secretary
by rule is required at the time the registration statement is
filed with the secretary, and on or before the anniversary
date of the effective date of registration for each subsequent
year. The registration fee shall be established at a rate
deemed reasonably necessary by the secretary to support
the administration of this chapter, but not to exceed fifteen
dollars per year per agency. If a registrant fails to pay the
annual registration fee, the registration lapses and becomes
ineffective.
A registrant shall submit to the secretary corrections to the
information supplied in the registration statement within a
reasonable time after a change in circumstances, which
circumstances would be required to be reported in an initial
9D.3 Evidence of financial security.
1. An application for a travel agency must be accompa-
nied by a surety or cash performance bond in conformity
with rules adopted by the secretary in the principal amount
of ten thousand dollars, with an aggregate limit of ten
thousand dollars. The bond shall be executed by a surety
company authorized to do business in this state, and the
bond shall be continuous in nature until canceled by the
surety with not less than sixty days’ written notice to both
the registrant and to the secretary. The notice shall indicate
the surety’s intent to cancel the bond on a date at least
sixty days after the date of the notice.
2. The bond shall be payable to the state for the use
and benefit of either:
a. A person who is injured by the fraud, misrepresenta-
tion, or financial failure of the travel agency or a travel agent
employed by the travel agency.
b. The state on behalf of a person or persons under
paragraph “a”.
The bond shall be conditioned such that the registrant will
pay any judgment recovered by a person in a court of this
state in a suit for actual damages, including reasonable
attorney’s fees, or for rescission, resulting from a cause of
action involving the sale or offer of sale of travel services.
The bond shall be open to successive claims, but the
aggregate amount of the claims paid shall not exceed the
principal amount of the bond.
3. If a registrant has contracted with the airlines
reporting corporation or the passenger network services
corporation, or similar organizations approved by the
secretary of state with equivalent bonding requirements for
participation, in lieu of the bond required by subsection 1,
the registrant may file with the secretary a certified copy of
the official approval and appointment of the applicant from
the airlines reporting corporation or the passenger network
services corporation.
4. In lieu of any bond or guarantee required to be
provided by this section, a registrant may do any of the
following:
a. File with secretary proof of professional liability and
errors and omissions insurance in an amount of at least
one million dollars annually.
b. Deposit with the secretary cash, securities, or a
statement from a federally insured financial institution
guaranteeing the performance of the registrant up to a
maximum of ten thousand dollars to be held or applied to
the purposes to which the proceeds of the bond would
otherwise be applied.
89 Acts, ch 274, §3
9D.4 Penalties.
1. A person required to register as a travel agency, or
an owner of ten percent or more of a travel agency, required
to register by this chapter, which fails to register, fails to
make required corrections to its registration statement, or
fails to pay the required fee on or before thirty days after the
fee becomes due, commits a serious misdemeanor.
2. If a person required to be registered or listed upon a
registration statement by this chapter receives money, as a
fee, commission, compensation, or profit in connection with
doing business in this state in violation of section 9D.2, the
person, in addition to the criminal penalty in subsection 1,
shall be liable for a civil penalty of not less than threetimes
the sum so received, as may be determined by the
court,which penalty may be recovered in a court of
competentjurisdiction by an aggrieved person, or by the
attorney general for the benefit of an aggrieved person or
class ofpersons.
3. A violation of this chapter is also a violation of
section 714.16.
89 Acts, ch 274, §4
CS89, § 120.4
C93, § 9D.4
9D.5 Exemptions.
1. This chapter does not apply to:
a. A bona fide employee of a travel agency who is
engaged solely in the business of the agency, and whose
principal duties do not include consulting with and advising
persons concerning travel arrangements or accommoda-
tions.
b. A direct common carrier of passengers or property
regulated by an agency of the federal government or em-
ployees of a common carrier when engaged solely in the
transportation business of the carrier as identified in the
carrier’s certificate.
2. A travel agency is subject to this chapter, notwith-
standing that the customer’s name was obtained from the
customer as part of a promotion where the customer signed
up to receive a sales presentation or to enter a drawing for a
prize prior to the solicitation. These activities do not consti-
tute a previous travel services provider-customer relation-
ship.
89 Acts, ch 274, §5
CS89, § 120.5
C93, §9D.5
(Source: Iowa Code 2007)
registration statement, except travel agents’ names as
required in subsection 5, paragraph “b”. The names of travel
agents shall be updated at the time of annual registration.
The secretary may revoke or suspend a registration for
cause subject to the contested case provisions of chapter
17A.
89 Acts, ch 274, §2
CS89, § 120.2
C93, §9D.2
CS89, § 120.3
C93, § 9D.3
