Relates to cancellation of membership camping contracts

1 Co-sponsor

• Michael F. Nozzolio

BILL NUMBER:S2554

Title of bill

An act to amend the general business law, in relation to cancellation of membership camping contracts

Purpose or general idea of bill

The purpose of this bill is to allow purchasers of membership camping contracts to cancel such contracts under certain conditions.

Summary of specific provisions

This bill would allow purchasers of membership camping contracts to cancel their contracts under the following conditions:

* There is a material breach by, the membership campground operator to provide the essential services and programs as set forth and in the manner provided in the membership camping contract; natural disasters, illegal acts, power outages, or governmental or law enforcement actions would not be a basis for cancellation if the membership campground operator diligently restores such services and programs; or

* the purchaser has relocated to not less than 50.0 miles from a site where the membership can be used; or

* the purchaser, purchaser's spouse or domestic partner reside in or are notified of and accept the opportunity to commence occupancy in an adult care facility or residential care facility; or

* the purchaser, purchaser's spouse or domestic partner receives written certification from a physician state that the purchaser or purchaser's spouse is physically unable due to ailment or injury to visit the campground and materially utilize any of the services and programs outlined in the membership camping contract; or

* the purchaser of a multi-party contract is a victim of domestic violence perpetrated by another signee of the same contract.

The purchaser would be required to have paid all outstanding fees due at the time of cancellation and for 90 days thereafter. The purchaser would also be required to submit documentation supporting their request to cancel the contract.

Justification

Membership campgrounds can provide campers with easy access to campgrounds across the nation. Many such memberships allow the purchaser to camp at several different locations. While these

arrangements are popular with many consumers, some have complained of being trapped in lengthy contracts. This bill would allow purchasers to cancel a membership campground contract under certain circumstances, including entering a nursing home, becoming physically unable to utilize campground services, and relocating a considerable distance from the campground(s). Purchasers of lifetime memberships, which can cost thousands of dollars up front and involve campground maintenance fees that can run into the hundreds of dollars each year, are especially harmed when unforeseen circumstances make it impossible to use a membership. This bill would provide cancellation rights in very limited circumstances to purchasers of membership camping contracts. Similar rights are currently provided to purchasers of membership health club services under the Health Club Services Law (Article 30 of the General Business Law).

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

180 days after it shall have become a law.