The Travel Industry Council of Ontario (TICO) is the regulatory authority responsible for enforcing the Travel Industry Act, 2002, and Ontario Regulation 26/05. These regulations govern the operations of the travel industry within Ontario. TICO's main objective is to ensure that individuals and entities involved in selling travel services comply with these laws. This guide aims to assist travel agents and wholesalers in understanding and adhering to the necessary disclosure and invoicing requirements as stipulated by TICO. It's important to remember that this guide is not legal advice. For the most current information and detailed legal advice, travel agents and wholesalers should consult TICO directly or visit their website here.
A Travel Agent, as defined by TICO, is an individual or entity that facilitates the sale of travel services to consumers on behalf of service providers like airlines, hotels, and tour operators. This role involves not just the act of selling but also advising and assisting consumers in making informed travel decisions. Travel agents serve as intermediaries, offering expertise and guidance in navigating the vast array of travel options available to consumers.
Travel Services encompass a broad spectrum of components integral to the travel experience. This includes, but is not limited to, transportation services like flights, trains, and cruises; sleeping accommodations such as hotels, resorts, and other lodging; and other related services that might include tour packages, car rentals, and event tickets. These services are often bundled together to create comprehensive travel experiences.
A Registrant in the context of TICO’s guidelines refers to any travel agent or wholesaler who has been registered under the Act. This registration is a mark of credibility and compliance, assuring consumers that the agent or wholesaler adheres to the standards and regulations set forth by TICO. It signifies a commitment to ethical business practices and consumer protection in the travel industry.
Travel agents are required to provide specific disclosures to customers before finalizing a booking. These are detailed in Section 44 and Section 36 of the Regulation.
If a travel agent charges a counseling or service fee, it must be disclosed before selling or advising on travel services. They must also inform clients whether this fee is refundable and under what conditions.
Travel agents are required to highlight any conditions that might influence a customer's decision to purchase travel services. This includes but is not limited to:
The total price disclosure is vital for consumer protection. Agents must provide an all-inclusive price that covers all aspects of the travel services being sold, including:
Cancellation policies are a critical aspect of travel bookings. Agents must clearly communicate:
Providing information about insurance options is a key responsibility of travel agents. This includes:
For travel outside of Canada, agents have the responsibility to advise on necessary travel documents, which include:
These comprehensive guidelines ensure that consumers are well-informed and protected in their travel choices, fostering a transparent and trustworthy travel industry in Ontario.
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For online bookings, specific disclosures must be made in writing before booking and included in the invoice. This includes information on documentation needed for Canadian citizens and a suggestion to contact the agency for further assistance if holding different documentation.
Given the challenges posed by COVID-19, additional disclosure guidelines have been developed, which can be found in TICO's COVID-19 Pandemic Disclosure Guidelines.
Agents must refer to any other terms and conditions related to the travel services and provide means for customers to review these conditions. They are also required to answer any questions arising from the information provided.
After selling travel services, agents must promptly provide a statement, invoice, or receipt, including all information disclosed at the time of booking. This must be clear, irrespective of the booking method.
The invoice should include customer details, booking and payment information, non-refundable fees, total price, travel service descriptions, insurance information, and any contract terms regarding price increases. Additionally, it should cover travel document advice, including COVID-19 related requirements.
If there are any changes that might affect a customer's decision after purchase, the agent must promptly inform the customer. This continuous disclosure is essential for maintaining transparency.
TICO provides checklists and additional materials, such as the E-Commerce Code of Practice, to assist with compliance.
These guidelines, while extensive, are not exhaustive. Travel agents and wholesalers are encouraged to consult with TICO for specific queries or clarifications. Adhering to these guidelines ensures that travel service providers in Ontario maintain high standards of transparency and professionalism, ultimately safeguarding consumer interests.
