Complaint Review: Mr Earl Perser CEO President - White Plains New York

A group of us are getting together to sum up what we can do to get our money back from Mr Perser. We are hoping current laws change so we can get him back in front of a judge. Sometimes writing your Congressman does work.

Please check out Report: #642008, look like we are dealing with the same person. I have shared my experience with Earl L Perser of White Plains, NY.

The crimmal complaint was move to civil courts. We have learned that travel agent matters almost always are handled by the civil courts. Just remember when dealing with Earl Perser or any other travel agent use your Visa or Master Card for all transactions.

We are also looking into other Government agencies which handle Travel Agents matters

On the Balhers Travel Club applications the use of major credit option is not mentioned. This is the first sign that maybe you should use an another Travel Service Comapnay.

If any consumer signed an agreement or contract with the Balhers Travel Club or any other Travel Service companies which uses the words "non-refundabe" for every payment and never gives consumers a second option may be illegal in your State. Check with your local police, State Laws and if necessay seek legal advice from your attoreny. The Statute of Limitations vary from State ot State.

 APPLICATION


   First Name: __________________________________

   Group:  __________________________________

   AKA NAME   ______________________________

   Home Add:  ___________________________________

   E-Mail Address  _____________________________________

   Phone #:  ____________   2nd phone#:  _____________________

   Emergency Contact Person:  ____________________________________

   Phone #  ___________________________________________

   Address:  ___________________________________________

   Do you have a Passport Yes _____ or No_____

   Do you have a travel Visa Yes____ or No_____



  NOTE: A Visa issued by the country of Brazil is needed to enter Brazil!! BTC can help you
  obtain one for a $40 service charge! OR you can go to the nearest location to obtain one.
  The links to all the Brazilian Consulate locations are below! Click on any of the links
  below to obtain all information and applications to obtain a Visa!


RIO CARNIVAL TRIP DATES for 6 day & 10 day for Carnival in Rio:

7 Day Carnival in Rio Trip dates:
Leave February 16th, Arriving February 17th, and returning Friday February 23rd.

10 Day Carnival in Rio Trip dates:
Leave February 13th, Arriving in Rio Wednesday February 14th, and return Friday February 23rd.



Total cost of BTCs Carnival In Rio 2007 trip:
7 day trip Saturday Feb 17th Friday Feb 23rd, 2007 departing Friday Feb 16th from: designated
airports in the US = $2,400.00,

AND THE:

10 day trip Wed Feb 14th Friday Feb 23rd, 2007 departing Tuesday Feb 13th from: designated
airports in the US = $2,700.00. NOTE: Dates are subject to change, But you will be notified.





  DEPOSITS PLAN FOR CARNIVAL IN RIO 2007:

First deposit for Carnival in Rio: $400.00 due before Friday July 28th, 2006 with signed
application. NOTE: (This payment is Non-refundable because this payment will go towards
R/T airline ticket, and Beach front condo deposit).

Second Payment for Carnival in Rio: $400.00 is due before Friday August 29th 2006.
(This payment is Non-refundable because this payment will go towards R/T airline ticket,
and Beach front condo deposit).

Third Payment for Carnival in Rio: $400.00 is due before Friday September 23rd, 2006.
(NOTE: (This Payment is also non-refundable because this is the payment for the
remaining cost R/T airline ticket, and Beach front condo deposit!).


Fourth Payment for Carnival in Rio: $400.00 is due before Friday October 27rd, 2006.
(NOTE: (This Payment is also non-refundable because this is the payment for the
remaining cost R/T airline ticket, and Beach front condo deposit!).


Fifth Payment Payment for Carnival in Rio: $400.00 is due before Friday
November 30th, 2006. (NOTE: (This Payment is also non-refundable because this
is the payment for the remaining cost R/T airline ticket4:52 PM 4/20/2006, and
Beach front condo deposit!).


Final Payment for Carnival in Rio: remaining payment is due before Friday
January 12th, 2007. (NOTE: (This Payment is also non-refundable because this
is the payment for the remaining cost R/T airline ticket, and Beach
front condo deposit!).


NOTE: The Beach front Apartments are on a first come first serve bases and by
seniority, BUT those who stick to the payment plan will be guaranteed the
BEST beach front locations!!!


Which trip dates, and duration are you choosing?

                         ______________________________________________________________


NOTE: Once the duration of your trip is chosen it is final!!! If you choose to
change the duration or make any changes to your itinerary, all cost incurred
to make the changes will be the responsibility of the signer / customer! BTC
will no be responsible for any cost incurred to have a duration changed once
the 1st deposit and application are turned in!!

I have read all the above terms and agree:
Name : __________________________________________
Signature : ________________________________________


THE TRIP INCLUDES:

Round trip Air fair on American Airlines, Delta Airlines, United Airlines, or
Continental Airlines which will include all taxes
Transfer from the Airport to the Beach front apartment including baggage.
Stay in a beautiful and comfortable Beachfront condo on Copacabana beach
in Rio de Janeiro, Brazil. All beach front condos are right in the middle of all
the action! All rooms are very large with King size beds, air conditioned, living
rooms have color TVs with American stations, large bath rooms, excellent
house keeping, a friendly staff, doors that lock from the inside and out side,
unlimited guess rule, But noise must be kept to a minimum between the hours
of 9pm and 9am in the morning!!! Again all Apartments are unlimited
guess, w/ maid service.



THE TRIP DOES NOT INCLUDE:

All US citizens must get a Passport, and Visa to enter Brazil.
Transfer to and from the Corcovado trip. We arrange the Mini Bus or Taxi
and you pay the driver!!


A link is on the Balhers Travel Club web site that can assist you in getting your
Visa, or Passport. Or we can get it for you for a small service fee!

_____________________________________________________________________




                               Any Questions please contact:
                             [email protected]
                                      (914)-374-0650
                                        or snailmail
                                 Balhers Travel Club LLC
                             297 Knollwood Road Suite 306
                              White Plains, New York 10607

THEFT OF SERVICES
(N.J.S.A. 2C:20-8a)

The defendant is charged with committing the offense of theft of services.
That section of our statute reads in pertinent part:
A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service.
The state must prove, beyond a reasonable doubt, each of the following elements of the crime:

(1) that defendant purposely obtained a service;
(2) that defendant knew the services were available only for compensation;
(3) that defendant obtained the services by deception (or threat, or by a false token, etc.);
(4) that defendant's purpose was to avoid payment.

The first element that the State must prove beyond a reasonable doubt is that the defendant purposely obtained a service. "Obtain" means to secure the performance of the service, whether for one's own benefit or for the benefit of another.
A person acts purposely with respect to the nature of (his/her) conduct or a result thereof if it is (his/her) conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if (he/she) is aware of the existence of such circumstances or (he/she) believes or hopes that they exist.
The second element that the State must prove beyond a reasonable doubt is that the defendant knew the services were available only for compensation.

A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if a person is aware that (his/her) conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of (his/her) conduct if a person is aware that it is practically certainthat (his/her) conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if (he/she) comprehends (his/her) acts.

Purpose and knowledge are conditions of the mind which cannot be seen and can only be determined by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that the defendant said (he/she) had a certain state of mind when (he/she) engaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inferences which may arise from the nature of (his/her) acts and (his/her) conduct, and from all (he/she) said and did at the particular time and place, and from all of the surrounding circumstances.
Services include labor, professional service, transportation, telephone (including using, selling, or possessing a computer to deprive a telephone company of its charges), or other public service, accommodation in hotels, restaurants or elsewhere, entertainment, admissions to exhibitions and use of vehicles or other movable property.
The third element that the State must prove beyond a reasonable doubt is that the defendant obtained the services by deception. A person "deceives" if he "purposely creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that (he/she) did not subsequently perform the promise."1 A person also deceives when (he/she) "prevents another from acquiring information which would affect his judgment of a transaction; or fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship."2
"Threat" means a communicated intent to inflict physical or other harm on any person or onproperty.3
"By a false token" means a false document or sign of the existence of a fact, in general, used for the purposes of fraud. It is a device used to obtain money by false pretenses.4 For example, the use of a slug is use "by a false token." A slug is an object or article which by virtue of its size, shape, or any other quality is capable of being inserted or deposited in a coin, currency, or credit card activated machine as an improper substitute for money.5
The fourth element that the State must prove beyond a reasonable doubt is that the defendant's purpose was to avoid payment.

[CHARGE WHERE APPROPRIATE]

Where compensation for service is ordinarily paid immediately upon the rendering of such service, as, for example, in hotels or restaurants, where a person absconds without payment or offer to pay, you may infer that absconding without payment or offer to pay gives rise to an inference that service was obtained by deception as to intention to pay.6
An inference is a deduction of fact that may be drawn logically and reasonably from another fact or group or facts established by the evidence. Whether or not an inference should be drawn is for you to decide using your own common sense, knowledge and everyday experience. Ask yourselves is it probable, logical and reasonable. However, you are never required or compelled to draw an inference. You alone decide whether the facts and circumstances shown by the evidence support an inference and you are always free to draw or not to draw an inference. If you draw an inference, you should weigh it in connection with all the other evidence in the case keeping in mind that the burden of proof is upon the State to prove all the elements of the crime beyond a reasonabledoubt.7

[CHARGE IN ALL CASES]

In conclusion:
If you find that the State has failed to prove any one of the elements beyond a reasonable doubt, then you must find the defendant not guilty.
However, if the State has proven each element beyond a reasonable doubt, then you must find the defendant guilty of theft services.

(If affirmative defense of claim of right is raised, charge here.
(N.J.S.A. 2C:20-2(c))

(If applicable, charge here on Gradation of Theft Offenses.
(N.J.S.A. 2C:20-2(b))

1 N.J.S.A. 2C:20-4a.

2 N.J.S.A. 2C:20-4b and c.

3 Black's Law Dictionary, 6th ed.

4 Black's Law Dictionary, 6th ed.

5 N.J.S.A. 2C:21-18.

6 N.J.S.A. 2C:20-8a.

7 See N.J.S.A. 2C:20-8l for other inferences that may be applicable.

This web page will be help to any person with Travel Agent problems

http://www.courts.state.ny.us/tandv/Aqtaed1.htm