1. Except as otherwise provided in subsection 4, a third-party reservation service platform provider shall not list, advertise, promote or sell a reservation, appointment or booking for a customer at any establishment through the third-party reservation service platform of the provider unless the provider has entered into a written agreement with either the establishment or a designee of the establishment that expressly authorizes the provider to engage in such activities.
2. Except as otherwise provided in subsection 3, a violation of the provisions of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive, and each day’s continuance of the violation constitutes a separate and distinct violation.
3. A person who violates the provisions of subsection 1 is not subject to any criminal penalty set forth in subsection 3 of NRS 598.0999.
4. The provisions of this section do not apply to a document preparation service as defined in NRS 240A.030.
5. As used in this section:
(a) “Establishment” means a person or entity that offers goods or services, whether public or private, and relies on scheduled reservations, appointments or bookings in the provision of such goods or services.
(b) “Third-party reservation service platform”:
(1) Means an Internet website, online service or mobile application which offers or arranges a reservation, appointment or booking for a customer at an establishment and which is owned and operated by a person other than the person who owns the establishment.
(2) Does not include a person or entity which arranges, at the request of a customer and at no charge to the customer, a reservation, appointment or booking for the customer at an establishment if the reservation, appointment or booking is personal to the customer and nontransferable, and the person or entity:
(I) Shares the contact information of the customer with the establishment;
(II) Authorizes the establishment to confirm the reservation, appointment or booking with the customer; and
(III) Honors any request from an establishment to opt out of any future reservations, appointments or bookings arranged by the person or entity.
(c) “Third-party reservation service platform provider” or “provider” means a person who operates a third-party reservation service platform.