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

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Information and education Your client, or you as a merchant, may obtain answers to your queries concerning the rights, obligations and liabilities associated with travel agency operations (Module I of the textbook) or transactions with customers (Module II of the textbook). This information can be obtained by telephone or by consulting the OPC website, which offers much information regarding consumer recourse and merchant-related complaints. In addition to participating in media interviews, the OPC regularly publishes press releases on convictions handed down against merchants and their officers or representatives. Articles, completed by questions and answers, regularly appear in print and electronic media making information accessible to you and your customers. Finally, educational materials for teachers are distributed by OPC Éducation (also available on the OPC website). Example of a column New protection for travellers “Since June 30 (2010), consumers have had new tools for making transactions with greater confidence. With the coming into force of amendments to the Travel Agents Act, travellers will be better informed and protected. In this industry, which is already closely supervised by the OPC, additional protection elements have been devised. They concern travel counsellors, unilateral changes to the price of a contract, advertising and the Travel Agent Customers Compensation Fund.” Translation of a text from the OPC website Supervision The OPC has an especially important role with regard to travel agencies in Québec. It is the OPC that grants licences to travel agencies and can withdraw any such licence in cases specifically provided by law. It also receives and handles certain complaints from consumers (e.g. operating without a licence). After investigation, inspection and audit, the OPC is the agency that undertakes whatever legal action is appropriate. The Legal Services branch of the OPC can file a penal charge, among others. The merchant has a period of 30 days to enter a plea. Where there is a guilty plea, the merchant must pay a fine and associated costs. If he pleads not guilty or enters no plea , the matter will be referred to the Court of Québec, Criminal and Penal Division, and following a trial, the travel agent may be found guilty or not guilty. Did you know that… A penal charge is filed by the Director of Criminal and Penal Prosecutions (or his representative) against a person who violates a Québec law or regulation. If convicted, the defendant is liable to be fined. Topic 1 – Dealing with the Laws and the Authorities Concerned • Unauthorized reproduction prohibited 9
Did you know that… It is the Court of Québec, Civil Division, that handles cases where the amount in dispute is more than $7,000 and less than $70,000. Where travel is concerned, the Superior Court will hear class actions. Example of a judgment Operation of a travel agency without a licence Mayasol Promotions Inc. found guilty Québec City, November 10, 2010 – The Office de la protection du consommateur (OPC) announced today that the Mayasol Promotions Inc. marketing firm was found guilty of the charges brought against it. Its president (…) was also found guilty of the same charges. The OPC charged that the firm (…) had acted as a travel agent in Québec without holding the licence required by section 4 of the Travel Agents Act. The company was thus fined $12, 510 and its president ordered to pay the same fines. (from the OPC website) Example: Penal action The OPC charges Air Canada with 17 violations of the law Express Voyage forum, Wednesday, March 16, 2011. “The Office de la protection du consommateur (OPC) has just filed a complaint against Air Canada for having sold airplane tickets for prices higher than those appearing in its advertisements. They were, of course, fares that did not include taxes and service charges. The complaint involved 17 violations noted between November 2010 and January 2011. If the carrier is found guilty, it will have to pay fines totalling more than $42,000. The OPC had sent a formal demand to Air Canada in early fall, but the carrier had replied by letter that it refused to comply. […] Three other carriers, WestJet, Air Transat and Porter Airlines, were also given formal notice to comply with the provisions of section 224c of the Consumer Protection Act, which provides that no company may charge a price higher than the one advertised. […] But these carriers also announced their intention to comply with the law and we understand that if they have not yet done so, it is because they have to adjust at a national level, since Québec’s legislation is different from that in other provinces. For several years, the airlines have claimed that they were subject only to federal jurisdiction as the reason for not abiding by the Consumer Protection Act. This is true for all aeronautical aspects of their operations but once they sell something to Québec consumers, they are subject to this Act [...]. Métro cannot advertise a box of tomatoes for $1.50 and then charge an additional 19 cents for storage fees and 38 cents in taxes when the customer arrives at the cash register. The same rule applies to all companies that do business in Québec.” 10 10 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 and 20: Figure 1 Structure and Responsibili
Page 21: Did you know that… According to t
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
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Test your knowledge Based on your c
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Example Conviction for failure to c
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5.1.3 Compliant written or printed
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Typical example Non-compliant adver
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5.4 PENALTIES AND OFFENCES Clients
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DEALING WITH 6CUSTOMERS At the end
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What is an obligation of means or a
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According to case law, the liabilit
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To offset various problems that cou
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Now it’s your turn to assess your
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PREPARING THE CUSTOMER’S 7DEPARTU
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7.1 DOCUMENT DELIVERY 7.1.1 Invoice
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Some websites include useful inform
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7.3 PRICE CHANGES Like every kind o
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Example Natural disaster Eruption o
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Checklist Billing Penal liability C
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To conclude the sale in the absence
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APPENDIX
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APPENDIX 1 (con’d)
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APPENDIX 2 (con’d) Travel Counsel
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APPENDIX 3 (con’d) Answers - Exer
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Debtor: Person who is required to f
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Travel agent: A person, partnership
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Laws and Regulations Applicable to
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