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

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OPERATING WITH A 3LICENCE At the end of this topic, you will be able to: • identify who is authorized to possess a travel agent license; • distinguish the required procedures for obtaining or renewing a general licence; • apply for licensing; • understand the reasons and recourses available in the event of a licence refusal, suspension or cancellation; • know the penalties and offences associated with failure to comply with the law; • explain the legal liability associated with the duties of a travel agent. It is mandatory to obtain a travel agent licence or travel counsellor certificate in order to operate a business organizing travel and selling tourist products and services. This topic looks at the conditions, obligations and procedures involved in the issuance and renewal of the general licence, the reasons for its suspension or cancellation as well as the penalties and recourses following an offence. Before beginning your reading, test your knowledge of this subject. Context Mr. Fortunato has long loved his career as a travel counsellor. At some point in his life, he decided to have his own travel agency. To achieve his goal, he seized the opportunity offered by his employer, the 6 Continents Agency, who offers to sell him the company’s assets. The travel counsellor is now starting the process of becoming a travel agency owner. Can you help him? This topic refers more specifically to the following obligations and conditions: Travel Agents Act • Division II – Licences and certificates (sec. 4 to 11.1) • Division III – Suspension, cancellation or refusal to issue or renew licences; proceeding before the Tribunal administratif du Québec (sec. 12 to 13.2) • Division III.1 – Provisional administration (sec. 14, 14.1, 14.2 and 14.5) • Division IV-Obligations of a travel agent (sec. 31) • Division V – Inspection (sec. 35.1) • Division VII – Penal provisions (sec. 40 and 40.1) Regulation respecting travel agents • Division IV.2 – Operation of an establishment at home (sec. 11.10) • Division V – Obligations of travel agents (sec. 12 and 13.1) • Division II – Classes of travel agent licences (sec. 2) • Division IV – Licence (sec. 4 to 11 except for 8.1) • Division IV.1 – Travel counsellors (sec. 11.1)
Test your knowledge True or False 1. Mr. Fortunato must have a travel agent diploma from the Department of Education to apply for a travel agent licence. 2. You have to be at least 18 years old to apply for a travel agent licence. 3. The Association des agents de voyages du Québec is the body authorizing Mr. Fortunato to apply for a travel agent licence. 4. Starting July 1, 2012, you must have acquired 2 years of fulltime work experience as a travel counsellor to obtain a travel agent licence. 5. Mr. Fortunato can have his employer’s licence transferred to him to continue operating the 6 Continents Agency. 6. The general licence fee is calculated according to the number of employees of the travel agency. Answers to this test are at the end of this topic. 3.1 THE ISSUE OF A LICENCE 3.1.1 Who needs a licence? Did you know that… … starting July 1, 2012, the Travel Agents Regulation (T.A.R.) will require all holders of travel agent licences to pass an examination to obtain a Travel Agency Manager Certificate. Does your job include booking accommodation and transport services as well as organizing travel arrangements? Do you issue documents such as a voucher that travellers exchange for a prepaid product or service by sending notice to the supplier? If so, you are performing travel agent operations. Under the Act (sec. 2 T.A.A.), a travel agent is a person, a partnership or an association that, on account of a third party or on account of its members, engages in or offers to engage in or issues vouchers for or offers to issue vouchers for any of the following operations: a) the booking or reservation of lodging accommodation e.g.: selling overnight stays in a hotel to your customers or those of another agency. b) the booking or reservation of transportation services; e.g.: selling airplane tickets to your customers or those of another agency. c) the arranging of travel services. e.g.: signing agreements with tourist products suppliers to plan and coordinate package trips or tours in order to sell them to your customers or those of another agency. Whether you perform any of these operations or all three, the Travel Agents Act obliges you to have a travel agent licence issued by the President of the Office de la protection du consommateur (OPC). A single licence will be issued to you. If you operate more than one business establishment, you must request a duplicate for each additional establishment. The President remains the owner of the licence; he can therefore withdraw, cancel or not renew the licence. 30 30 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 and 22: Did you know that… According to t
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 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
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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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