TICO posts guidance for travel bookings to Mexico

The Travel Industry Council of Ontario (TICO) says it is monitoring the evolving situation in Puerto Vallarta, and other parts of Mexico, noting that it understands that news of unrest can be concerning for travellers and the advisors supporting them.

“Travel advisors are an essential partner in helping consumers navigate an increasingly complex travel landscape,” said TICO’s CEO Richard Smart in a press release Monday (Feb. 23).

“With the industry once again facing challenges, including those affecting travel to parts of Mexico, advisors continue to provide critical guidance on consumer protection and making adjustments when plans are disrupted.”

Travellers in Puerto Vallarta are being encouraged to shelter-in-place and follow all instructions from local authorities.

TICO says that under section 40 of the Regulation, the timing of a scheduled departure can be delayed or advanced by more than 24 hours when there is a safety consideration.

Consumers also must be notified on a timely basis, TICO says.

“Encourage travellers to stay in close contact with the airline, tour operator, or travel agency for the latest operational updates,” the regulator says.

Travellers should register with the Government of Canada’s Registration of Canadians Abroad service so officials can get in touch with important information, and continue to review the Government of Canada’s latest travel advisories for Mexico.

Clients should contact their travel insurance provider, if applicable, to understand what coverage is available.

TICO has shared guidance for registrants with travellers whose southbound flights to affected areas have been cancelled:

Packaged travel

Under Ontario law, if a travel agency or tour operator acquires rights to travel services for resale and is unable to provide the travel services because a supplier fails to deliver them (ie: flight to destination), customers must be offered their choice of:

• A refund;
• Comparable alternate travel services acceptable to the customer; or
• A voucher or similar document that is acceptable to the customer for future redemption towards travel services.

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

For registrants with travellers with future bookings:

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

“While some suppliers may choose to offer a goodwill gesture to their customers, registrants should consider all their contractual and legal obligations in determining how to address the situation,” TICO says.

Conditions affecting travel purchase decisions

TICO says registrants are required to warn customers of the evolving nature of conditions in parts of Mexico.

“Prior to reserving travel services for a customer, a travel agent shall bring to the customer’s attention any conditions that the travel agent has reason to believe may affect the customer’s decision to make the purchase,” the organization says. 

TICO is encouraging travel advisors to continue checking the Government of Canada’s Mexico travel advisory regularly, as the situation may change.

Advising customers of changing conditions

Registrants may also have a continuing obligation to inform customers of a deteriorating situation in the travel destination after the travel services have been reserved, TICO says.

“After booking, if any material information previously communicated to the customer changes (for example: details from an advertisement or brochure) that may have influenced their purchase decision, the registrant must promptly inform the customer,” the organization says.

Additional resources:

Registrants are encouraged to monitor supplier websites for the latest updates on service availability and goodwill gestures.

For potential compensation and regulations for air-only cancellations and delays, advisors and passengers should refer to the Canadian Transportation Agency’s Air Passenger Protection Regulations, says TICO. 

As reported, Canadian airlines resumed service to Puerto Vallarta, and other Mexican cities, on Tuesday (Feb. 24) after cartel-related violence broke out in selection regions in Jalisco state, and elsewhere, on Sunday. 

Airlines are maintaining flexibility policies for customers who wish to change their booking. 

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