Laws and Regulations Applicable to the Travel Industry - Institut de ...
Laws and Regulations Applicable to the Travel Industry - Institut de ...
Laws and Regulations Applicable to the Travel Industry - Institut de ...
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What distinguishes a travel agent from a travel counsellor? <strong>Travel</strong> counsellors<br />
also regularly perform <strong>the</strong> operations mentioned above as part of <strong>the</strong>ir<br />
duties. However, <strong>the</strong>y do not need a travel agent licence since <strong>the</strong>y act on<br />
behalf of a travel agent already holding a licence. Still, <strong>the</strong>y need a counsellor<br />
certificate <strong>and</strong> must respect <strong>the</strong> following conditions:<br />
• Have an employment contract (examples of which can be found<br />
in Appendix 2) with a single travel agent;<br />
• Work in one of <strong>the</strong> establishments of <strong>the</strong>ir employer (a travel agent),<br />
where <strong>the</strong> licence or a duplicate licence is visibly displayed;<br />
• Not receive cus<strong>to</strong>mers in <strong>the</strong>ir home;<br />
• Collect funds from <strong>the</strong>ir cus<strong>to</strong>mers <strong>and</strong> <strong>de</strong>posit <strong>the</strong>m in <strong>the</strong> trust<br />
account of <strong>the</strong>ir employer;<br />
• Give a receipt that complies with regulations (see Topic 7)<br />
• Advertise stating <strong>the</strong> agency contact information but may also<br />
announce <strong>the</strong>ir mobile telephone number.<br />
Did you know that…<br />
A travel agent must maintain<br />
an up-<strong>to</strong>-date list of travel<br />
counsellors employed by his<br />
agency including those with<br />
whom an exclusive service<br />
contract has been signed<br />
(including outsi<strong>de</strong> agents).<br />
The travel agent must also make<br />
sure that his travel counsellors<br />
have a certificate (see <strong>de</strong>tails<br />
in Topic 4)<br />
3.1.2 Licence classes <strong>and</strong> costs<br />
The Presi<strong>de</strong>nt of <strong>the</strong> OPC issues licences in two (2) classes:<br />
• restricted licence;<br />
• general licence.<br />
In fact, as <strong>the</strong> Office <strong>de</strong> la protection du consommateur (OPC) indicated in<br />
a letter dated July 9, 2010, <strong>the</strong> categories of carrier <strong>and</strong> travel agent, as<br />
well as wholesaler or retailer are abolished.<br />
Depending on <strong>the</strong> nature of your commercial activities, you must apply for<br />
<strong>the</strong> appropriate category of licence. Are you a business in <strong>the</strong> <strong>to</strong>urist industry,<br />
such as a accommodations supplier, an organizer of adventure travel,<br />
an outfitter or a regional <strong>to</strong>urist association? Do you offer <strong>to</strong>urist services<br />
<strong>to</strong> cus<strong>to</strong>mers in addition <strong>to</strong> your main activities? If you answered “yes” <strong>to</strong><br />
both <strong>the</strong>se questions, you are performing certain travel agent operations.<br />
Accordingly, since January 1, 2011, you must apply for <strong>the</strong> restricted licence<br />
without taking an examination. For all o<strong>the</strong>r travel agent operations<br />
(see 3.1.1), you must obtain a general licence <strong>and</strong> pass an examination.<br />
Refer <strong>to</strong> Table 3.1 <strong>to</strong> know what type of licence applies <strong>to</strong> <strong>the</strong> activities <strong>and</strong><br />
services you provi<strong>de</strong>. Inci<strong>de</strong>ntally, Mr. Fortuna<strong>to</strong> must operate with a general<br />
licence.<br />
Topic 3 – Operating with a Licence • Unauthorized reproduction prohibited 31