OMEGA CONGRESS, INC., APPELLANT,
v.
BAF TOUR SERVICES, INC., APPELLEE

Fla. 3d DCA | 2003-07-16
No. 3D02-3392
Before LEVY, GERSTEN, and GREEN, JJ.
855 So. 2d 113 Florida District Court of Appeal, Third District (2003)

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Synopsis

Omega Congress, Inc. appealed a summary judgment dismissing its breach of contract claim against BAF Tour Services for failure to deliver hotel rooms at the specified location. The court affirmed, holding that Omega's contracts were void because Omega was not registered as a seller of travel as required by Florida's Sellers of Travel Act.


Holding

The contracts were void and unenforceable because Omega was not registered as a seller of travel at the time the contracts were made, in violation of the Florida Sellers of Travel Act, Section 559.928. Accordingly, summary judgment was properly entered in BAF's favor on Omega's breach of contract claims.


Headnotes

[1] A corporation conducting business as a seller of travel must register annually with the State of Florida.

[2] Contracts entered into by an unregistered seller of travel are void and unenforceable.

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Key Quotes

“The Florida Sellers of Travel Act, requires a corporation that is conducting business as a seller of travel, to register annually with the State of Florida, Department of Agriculture and Consumer Services.”

Establishes the statutory requirement at issue in the case

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Facts & Procedural History

Omega entered into two contracts with BAF to secure hotel rooms at the Doubletree Hotel in Anaheim, California for two tour groups attending a medical…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Omega Congress, Inc. (“Omega”) appeals an adverse summary judgment based upon Section 559.928, Florida Statutes (2002), in its breach of contract claim against appellee, BAF Tour Services, Inc. (“BAF”). We affirm.

Omega entered into two contracts with BAF to secure hotel rooms for two tour groups at a medical convention in California. The contracts specified that Omega would secure rooms at the Doubletree Hotel in Anaheim, California. Instead, Omega secured rooms at a hotel in Costa Mesa, California, a different city.

Because the rooms were secured at the wrong hotel, one of the tour groups can-celled its booking with BAF. After BAF paid Omega $30,565.50, Omega sued for an additional $25,631.15. BAF then counter-sued for return of the monies previously paid to secure the hotel rooms. Both parties sought summary judgment.

The trial court granted BAF’s summary judgment motion, finding the contracts were void because Omega had not complied with the Florida Sellers of Travel Act, Section 559.926, et seq., Florida Statutes (2002).1 We agree with the trial court’s well reasoned findings and order. The Florida Sellers of Travel Act, requires a corporation that is conducting business as a seller of travel, to register annually with the State of Florida, Depart ment of Agriculture and Consumer Services. § 559.928, Fla. Stat. (2002). Any violation of Section 559.9335 constitutes a deceptive and unfair trade practice, subject to the imposition of administrative, civil and criminal penalties. §§ 559.934, 559,9335, 559.936, 559.937 Fla. Stat. (2002).

It is undisputed that the contracts involved the sale of hotel rooms from Omega to BAF and that Omega was a “seller of travel” as defined by Section 559.927(10). It is also undisputed that Omega was not registered as a seller of travel in July of 1999 when it executed the contracts, and was not registered as a seller of travel in March of 2000 when the rooms were secured.

As the trial court accurately noted, since Omega was not registered as a seller of travel at the time the contracts were made, the contracts are void and unenforceable. See Local No. 234 of United Ass’n of Journeymen & Apprentices of Plumbing & Pipefitting Indus, v. Henley & Beckwith, Inc., 66 So. 2d 818 (Fla.1953); Steinberg v. Brickell Station Towers, Inc., 625 So. 2d 848 (Fla. 3d DCA 1993); Winter v. Surfview Realty, Inc., 400 So. 2d 839 (Fla. 5th DCA 1981); D & L Harrod, Inc. v. U.S. Precast Corp., 322 So. 2d 630 (Fla. 3d DCA 1975). Accordingly, the trial court properly entered summary judgment in BAF’s favor on Omega’s claims against BAF. Affirmed.

. Summary judgment was granted in favor of Omega on BAF's counterclaim.


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