TICO issues guidance amid Cuba travel disruptions

TICO is reminding Ontario travel agencies and tour operators of their consumer-protection responsibilities as ongoing operational disruptions continue to affect travel services in Cuba.

“We recognize and acknowledge the value and expertise of travel advisors in helping their customers navigate consumer protection information,” said TICO CEO Richard Smart. 

“By helping consumers understand what their booking includes and what their rights are, advisors ensure travellers can make confident, informed decisions, especially when circumstances change unexpectedly."

Packaged travel

TICO notes that under Ontario law, if a travel agency or tour operator acquires rights to travel services for resale and cannot provide those services because a supplier fails to deliver them (for example, a flight to destination or hotel availability), customers must be offered a choice of:

• A refund
• A comparable alternate travel services acceptable to the customer
• A voucher or similar document acceptable to the customer for future redemption toward travel services.

If a customer chooses a full refund for a travel package, Ontario’s consumer-protection laws require the refund be provided within a reasonable timeframe.

Relevant section of the Regulation: 46

Accommodations

TICO says registrants may be responsible for taking reasonable steps to ensure the accommodations sold to customers are in the same condition as described at the time of sale when the customer is scheduled to use those services.

If accommodations are not as described, the registrant must promptly notify the travel agent or customer and offer a choice of:

• A refund
• A comparable alternate travel services acceptable to the customer.

Relevant section of the Regulation: 40

If accommodations are part of a package

If accommodations are sold as part of a package that includes transportation to a destination, TICO says the refund or comparable alternative services must apply to the entire package. 

If accommodations were sold separately, the requirement is to offer a refund or comparable alternative services for the accommodations.

Relevant sections of the Regulation: 37 and 39

Conditions that could affect a purchase decision

TICO says registrants are required to warn customers about evolving conditions in Cuba. 

Before reserving travel services, a travel agent must bring to the customer’s attention any conditions the agent has reason to believe may affect the customer’s decision to purchase.

Relevant section of the Regulation: 36(a)

Advising customers when conditions change

TICO also notes registrants may have an ongoing obligation to inform customers if the situation in the destination deteriorates after travel services have been reserved.

After booking, if material information previously communicated to the customer changes (for example, details from an advertisement or brochure) and may have influenced the purchase decision, the registrant must promptly inform the customer.

Relevant section of the Regulation: 37

Terms and conditions still apply

Where suppliers continue to deliver services, TICO says customers remain subject to the booking’s terms and conditions, including any applicable change or cancellation penalties.

TICO adds that while some suppliers may offer goodwill gestures, registrants should weigh their contractual and legal obligations when deciding how to respond.

Relevant section of the Regulation: 36

Additional resources

TICO encourages registrants to monitor supplier websites for updates on service availability and any goodwill gestures.

For potential compensation rules related to air-only cancellations and delays, TICO points advisors and passengers to the Canadian Transportation Agency’s Air Passenger Protection Regulations.

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