Laws and Regulations Applicable to the Travel Industry - Institut de ...

More documents

Recommendations

Info

1.1.2 What are the most important recent amendments to the Act and Regulation? As part of its ongoing responsabilities, the Ministère de la Justice made the required amendments in 2010 to update the Travel Agents Act, thus making it more convenient for you and your customers. Table 1.1 shows some of the important amendments made to the Travel Agents Act and Regulation. Amendments to the Travel Agents Act and Regulation Table 1.1 Before Retail or wholesale travel agent title Now ONLY TRAVEL AGENT Specific licence for carriers, travel agents, retailers or wholesalers Previously non-existent Travel agent GENERAL LICENCE authorizing the cumulative activities previously granted by retail and wholesale travel agent licences. RESTRICTED LICENCE for travel agents intended for adventure travel organizers, outfitters and regional tourist associations for certain activities only Previously non-existent Travel counsellor COMPULSORY CERTIFICATE – ONLY for persons dealing with the public on behalf of a GENERAL LICENCEE. Previously non-existent COMPULSORY EXAMINATION for travel agent licensees and travel counsellors The current Act and Regulation DO NOT APPLY to the following, among others: • a tourist accommodation establishment offering ancillary tourist services in the vicinity (e.g. museum visits, golf, etc.); • a hotel chain or a group of hotel establishments organizing packages in more than one establishment within the same chain or group, without including any transportation service; • the holder of a charter bus transportation licence, for trips lasting no longer than 72 hours exclusively in Québec; • mandatary (representative) of an intercity bus transportation licence holder selling intercity bus transportation vouchers from bus terminals. Topic 1 – Dealing with the Laws and the Authorities Concerned • Unauthorized reproduction prohibited 7
Did you know that… According to the Civil Code of Québec, “a contract of enterprise or for services is a contract by which a person, the contractor or the provider of services, as the case may be, undertakes to carry out physical or intellectual work for another person, the client, or to provide a service, for a price which the client binds himself to pay.” 1.1.3 What is the role of the Civil Code of Quebec in the travel sector? The Ministère de la Justice is also responsible for implementing the Civil Code of Quebec. This code, which structures life in Quebec society, governs relationships between neighbours, spouses as well as between you and your customer with regard to matters covered by civil law. Of the 3,168 articles listed in this Act, several concern you specifically. For example, article 1458 specifies that “every person has a duty to honour his contractual undertakings” and article 1432 stipulates that “in case of doubt, a contract is interpreted in favour of the person who contracted the obligation and against the person who stipulated it. In all cases, it is interpreted in favour of the adhering party or the consumer.” The Civil Code is an essential part of the travel industry legislation and will be cited in connection with specific elements in this guide. 1.2 OFFICE DE LA PROTECTION DU CONSOMMATEUR The Office de la protection du consommateur (OPC) monitors the application of the Act and Regulation respecting travel agents. The OPC is one of the agencies under the jurisdiction of the Ministère de la Justice. 1.2.1 What is its role? Mission The OPC was created in 1971 in order to protect consumers and thus promote a better balance of powers between customers and merchants. This was when the Consumer Protection Act came into force in Québec, and was subsequently subject to annual upgrades. Since then, the mission of the OPC has consisted of enforcing legislation under its jurisdiction, in particular the Travel Agents Act. Its mission covers a broader range of aspects considering that the OPC “informs consumers collectively and individually, it educates consumers and receives their complaints. Moreover, the Office fosters concerted action between socioeconomic agents.” The distribution of informative publications (e.g. a message on timeshare vacations), or appearance at certain public events such as travel fairs or tradeshows reflect the mission of this public body. Mandates The mandates of the OPC, presented in section 292 of the Consumer Protection Act, fall into four categories: 8 8 Laws and Regulations Applicable to the Travel Industry: Textbook for Travel Professionals
Page 1 and 2: Laws and Regulations Applicable to
Page 3 and 4: Laws and Regulations Applicable to
Page 5 and 6: SECOND FOREWORD The Office de la pr
Page 7 and 8: TOPIC 3 — OPERATING WITH A LICENC
Page 10 and 11: A WORD FROM THE AUTHORS This Guide
Page 12 and 13: This topic refers more specifically
Page 14: MODULE I OPERATING A TRAVEL AGENCY:
Page 17 and 18: use of part of the income from the
Page 19: Figure 1 Structure and Responsibili
Page 23 and 24: Did you know that… It is the Cour
Page 25 and 26: Do you know… How much time the cu
Page 27 and 28: 1.2.4.2 What is the role of the com
Page 30 and 31: ADMINISTER 2FUNDS At the end of thi
Page 32 and 33: You are authorized to withdraw fund
Page 34 and 35: Individual security amount to provi
Page 36 and 37: Contribution to FICAV Accumulated s
Page 38 and 39: Check list Administration of funds
Page 40: Answers 1. False. The customer has
Page 43 and 44: Test your knowledge True or False 1
Page 45 and 46: Did you know that… An association
Page 47 and 48: Typical example Specimen: Travel Ag
Page 55 and 56: 3.1.4 Licence renewal Do you contin
Page 57 and 58: The information provided through th
Page 59 and 60: Check list Licence Penal liability
Page 61 and 62: Supplementary readings and exercise
Page 63 and 64: Test your knowledge True or False 1
Page 65 and 66: Did you know that… … your certi
Page 67 and 68: Answers 1. False. Since January 1,
Page 70 and 71:
5 This PUBLICIZE YOUR PRODUCT OR SE
Page 72 and 73:
Test your knowledge Based on your c
Page 74 and 75:
Example Conviction for failure to c
Page 76 and 77:
5.1.3 Compliant written or printed
Page 78 and 79:
Typical example Non-compliant adver
Page 80 and 81:
5.4 PENALTIES AND OFFENCES Clients
Page 82 and 83:
DEALING WITH 6CUSTOMERS At the end
Page 84 and 85:
What is an obligation of means or a
Page 86 and 87:
According to case law, the liabilit
Page 88 and 89:
To offset various problems that cou
Page 90 and 91:
Now it’s your turn to assess your
Page 92 and 93:
PREPARING THE CUSTOMER’S 7DEPARTU
Page 94 and 95:
7.1 DOCUMENT DELIVERY 7.1.1 Invoice
Page 96 and 97:
Some websites include useful inform
Page 98 and 99:
7.3 PRICE CHANGES Like every kind o
Page 100 and 101:
Example Natural disaster Eruption o
Page 102 and 103:
Checklist Billing Penal liability C
Page 104:
To conclude the sale in the absence
Page 108 and 109:
APPENDIX
Page 110 and 111:
APPENDIX 1 (con’d)
Page 112 and 113:
APPENDIX 2 (con’d) Travel Counsel
Page 114:
APPENDIX 3 (con’d) Answers - Exer
Page 117 and 118:
Debtor: Person who is required to f
Page 119 and 120:
Travel agent: A person, partnership
Page 121:
Laws and Regulations Applicable to
show all

Laws and Regulations Applicable to the Travel Industry - Institut de ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?