TICO`s Role In Consumer Travel Complaints

TICO's Role In Consumer Travel Complaints
We hope that the travel services you receive from Ontario's registered travel retailers and
travel wholesalers are excellent. However, if you are unsatisfied with any aspect of your travel
services, AND you have already tried to resolve this issue with your travel agent, you may
contact the Travel Industry Council of Ontario (TICO) for information or assistance in dealing
with your complaint. Learn more about TICO's role in assisting with consumer travel complaints.
TICO accepts complaints from consumers against Ontario registered travel retailers and/or
travel wholesalers, and its role is to facilitate the flow of information between the consumer and
the travel company to assist in resolving a dispute. Pursuant to its mandate of administering and
enforcing the Travel Industry Act, 2002, TICO also reviews all information received to determine
if regulatory action is required. If such is the case, this will be dealt with separately from
assisting with the resolution of the complaint. It is
important to note that TICO does not have the authority to settle a dispute, or to impose a
settlement, and it does not have the authority or mandate to act as an arbitrator in any
complaint matter
. TICO recommends that you put your complaint in writing to the travel company involved,
explain why you are not satisfied and explain how the matter could be resolved to your
satisfaction. If the company's response is not satisfactory to you, then you have the option of
filing a written complaint with TICO.
How to Contact TICO To File A Travel Complaint
Remember, if you would like to talk to someone about your travel experiences or have
concerns or questions, contact TICO’s Complaints Department.
TICO’s Complaints Department is here to assist you with any questions.
Phone: (905) 624-6241
Toll free: (888) 451-TICO (8426)
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TICO's Role In Consumer Travel Complaints
E-mail: [email protected]
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Click here to request a TICO Complaint Form
TICO Complaint Handling Process
Tell Us About Your Complaint:
If you are not sure of the obligations of the travel agent or wholesalers, you can call TICO and
speak with one of our Complaints Officers. They can provide you with information about the Tra
vel Industry Act, 2002
that may assist you in determining what your next steps might be.
Initiating a Formal Complaint:
If you have attempted to resolve your complaint by contacting your travel retailer or travel
wholesaler, and after speaking with our Complaints Officers you would like to submit a formal
complaint, TICO will send you a Complaint Form. You then need to complete the Complaint
Form in full and return it to TICO with all supporting documentation.
Investigating Your Complaint:
Once we know your concerns, we can begin looking into your complaint. In most cases, TICO
will contact your travel agent or the wholesaler you dealt with about your complaint and ask him
or her to respond to us. We will then tell you what he or she said in reply. As well, TICO will
review all information received to determine if regulatory action is needed.
When TICO receives a complaint, it may be resolved in anywhere from a few hours over the
telephone to a few weeks or months for a formal written complaint. The length of time varies
depending on the complexity of the issues, the availability of information and documentation
and the level of cooperation of those involved.
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TICO's Role In Consumer Travel Complaints
Where possible, TICO will try to assist both you and the company involved in reaching a
settlement that is satisfactory to both parties. Should a satisfactory outcome not be reached,
you may wish to seek legal counsel and/or pursue your complaint through the legal system.
Resolution of a Complaint:
Once a complaint has been resolved or it has been determined that a mutual settlement
between the parties is not possible, TICO will close its complaint file.
Should TICO not be successful in assisting you to reach an acceptable solution, you have the
option of seeking legal counsel and pursuing the matter through the legal system. TICO’s
complaint’s process does involve a review of all the information and documentation received
against the provisions under the Travel Industry Act, 2002 and Ontario Regulation 26/05 to
ascertain whether there has been a contravention of the legislation by the travel retailer or travel
wholesaler involved. Any possible infractions are referred to TICO’s Compliance Department for
further review based on the information provided. The purpose of this referral is to enable
TICO’s compliance staff to review the file to determine whether there has been any
non-compliance with the
Travel
Industry Act, 2002
and/or Ontario Regulation 26/05 and that such referrals are therefore not directed at obtaining
compensation for specific complaints, but for the purpose of enforcing the legislation.
Any administrative action that may be taken in relation to TICO’s enforcement of the Act and
Regulation is between TICO and the travel retailer or travel wholesaler involved. Where
appropriate, TICO does require the registrant to initiate corrective measures in an effort to
prevent similar situations from affecting future travelers. Any such action or measures taken by
the Registrar would be dealt with separately from assisting with the resolution of the complaint.
Information provided by consumers is helpful to the Travel Registrar in enforcing and
administering the Travel Industry Act, 2002 and Ontario Regulation 26/05.
Compensation for Problems Experienced:
TICO does not have the authority to force or compel a registrant to provide compensation.
TICO does not have the authority or mandate to act as an arbitrator or to impose a settlement in
any complaint matter. Consumers that remain dissatisfied may consider discussing the issue
with legal counsel and pursuing the matter through the legal system.
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TICO's Role In Consumer Travel Complaints
It should be noted that the Compensation Fund does not reimburse consumers on the basis
of dissatisfaction with travel services that were received or to provide compensation for
customer service issues. For more information about the Compensation Fund and its coverage
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click here.
Dissatisfaction with TICO’s Handling of a Complaint:
TICO will strive to reach an equitable resolution acceptable to all parties involved; however,
TICO’s power is limited as it does not have the authority to force or compel its registrants to
provide a reimbursement or compensation and it cannot act as an arbitrator in any complaint
matter. The purpose and function of TICO’s complaints process is to assist consumers with
complaints against Ontario travel retailers and travel wholesalers and to work towards reaching
an equitable resolution for the consumer. In some cases, TICO is successful in reaching a
mutually acceptable resolution; however, this is not always possible. Where appropriate, TICO
does require the registrant to initiate corrective measures in an effort to prevent similar
situations from affecting future travelers. Any action taken by the Registrar is dealt with
separately from assisting with resolution of the complaint.
However, if you remain dissatisfied with TICO’s handling of your complaint, you may proceed
to TICO’s Governance and Human Resources Committee, whose responsibility is to review the
manner in which your complaint was handled by TICO staff and to determine if further action is
necessary. If you wish the Committee to review TICO’s handling of your complaint, please
contact TICO’s Complaint's Department with your request.
A Committee of the Board (Governance and Human Resources Committee) has as one of its
mandates to review and resolve, as appropriate, complaints against TICO, which are based on
dissatisfaction with the quality and fairness of its services to registrants and consumers. The
Committee may make recommendations with respect to TICO’s complaint handling procedures
based on reviews of particular complaints.
The Committee is made up of members of TICO's Board of Directors. The Committee’s
mandate as it relates to reviewing complaints received against TICO is as follows:
Review and resolve, as appropriate, complaints against TICO.
Provide fair, transparent and accountable procedures for handling registrant and
consumer complaints against TICO.
Develop standards for handling complaints.
Make recommendations with respect to TICO's complaint handling procedures.
Review trends of complaints to determine if recommendations can be made to address
the cause of complaints.
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TICO's Role In Consumer Travel Complaints
During the 2015/2016 fiscal period, there were no complaints received against TICO for the
Committee’s review.
How to Contact TICO’s Governance and Human Resources Committee
If you wish the Committee to review your complaint issue with TICO, please submit your
complaint in writing to the attention of TICO’s Governance and Human Resources Committee
by:
Email: [email protected]
Fax: 905-624-8631
Mail:
Travel Industry Council of Ontario
2700 Matheson Blvd East
Suite 402, West Tower
Mississauga, ON L4W 4V9
Attn: TICO Governance and Human Resource Committee
Complaints Process
Written complaints received at TICO to the attention of TICO’s Committee will be
acknowledged in writing. A copy of the complaint will be provided to TICO’s Committee for its
review. A meeting of the Governance and Human Resource Committee will be convened to
review the circumstances surrounding the complaint. After the Committee has had an
opportunity to review the matter, a written response will be provided to the complainant.
Additional Useful Information about Complaints
When you have a complaint against an Ontario travel agency and/or tour operator:
TICO will address a complaint only after the consumer has made an attempt to resolve the
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TICO's Role In Consumer Travel Complaints
matter directly with the travel agency and/or travel wholesaler. TICO recommends that you put
your complaint in writing to the travel company involved, explain why you are not satisfied and
explain how the matter could be resolved to your satisfaction.
If you remain dissatisfied with the company’s response, then you have the option of filing a
written complaint through TICO.
Examples of some complaint issues with which TICO can assist:
I was denied boarding for my flight or cruise because I was not advised by my travel
agent of the proper travel documentation.
I did not receive an invoice/receipt from my travel agency after booking and making a
payment for travel services.
My invoice did not contain the Terms and Conditions of my booking.
My travel agent charged me a counseling/service fee that was never brought to my
attention prior to completing my booking.
I was not advised at the time of booking of any fees or penalties for making changes or
cancelling my travel services.
My travel agent did not advise me of the availability of trip cancellation or
out-of-province health insurance.
My hotel or cruise ship was changed without notice.
My flight departure time was delayed or advanced by more than 24 hours.
My hotel did not supply all the amenities that were advertised by the tour operator in
their brochure or on their website when I booked.
I have a question about a price increase.
Examples of complaint issues with which TICO cannot assist:
While the problems listed below may be valid, they are unfortunately outside the scope of the
legislation:
Dissatisfaction with the customer service provided by my travel agent.
My hotel in destination was not up to my expectations with regards to food, cleanliness
and the customer service provided by hotel staff.
The hotel is advertised as a 5 star property but I feel it is no more than a 3 star property.
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I experienced customer service issues while in destination.
I decided to cancel my vacation due to a hurricane and I want a refund.
I made a booking last week and now the price has dropped.
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TICO's Role In Consumer Travel Complaints
TICO recommends that consumers keep in mind that different living standards exist outside
Canada and there is not an international standard for rating hotels. You may always contact
TICO’s Complaints Department to see if your issues fall within our jurisdiction.
Requests for information regarding complaints against a particular travel company:
TICO’s records in relation to the administration and enforcement of the Act and Regulation are
confidential and details of any complaints can not be released to the public. TICO will confirm
whether or not a travel company is properly registered with TICO as required under the Travel
Industry Act, 2002
to operate and sell travel services in the Province of Ontario.
Administrative action against a travel agency or travel wholesaler by TICO:
TICO examines all complaints to see if there has been a breach of the Travel Industry Act,
2002
and/or Ontario
Regulation 26/05. When a complaint involves allegations of non-compliance with the Act, the
Registrar will undertake the necessary compliance and enforcement activities. TICO will require
the registered travel company involved to initiate corrective measures in an effort to prevent
similar situations from affecting future travelers. Any compliance activity is dealt with separately
from assisting with resolution of the complaint. Any compliance or enforcement related activities
conducted by TICO are confidential and are between the travel agency and/or travel wholesaler
and TICO.
Complaints against an Airline:
Airlines are not covered by provincial travel legislation. They are federally regulated. You can
contact the Canadian Transportation Agency (CTA) to obtain assistance with airline problems.
Canadian Air Transportation Agency
Air Travel Complaints Program
15 Eddy Street
Ottawa, Ontario K1A 0N9
www.cta.gc.ca
Tel: 1-(888) 222-2592
Complaints regarding bookings made with a travel company located outside of
Ontario:
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TICO's Role In Consumer Travel Complaints
TICO’s jurisdiction is limited to travel retailers and travel wholesalers located and operating in
Ontario. We have no authority with respect to travel companies operating outside of the
province. With internet booking engines, it is increasingly possible to book with companies
located anywhere in the world. Always look for the TICO registration number to ensure that you
are dealing with a company that is registered in Ontario.
If you are unsure whether the company is registered with TICO, contact TICO at
1-888-451-TICO or go to TICO’s website at www.tico.ca to use TICO’s Travel Agency Search
feature to find out if the company is registered.
Complaints in relation to timeshares and travel membership companies:
Travel timeshare and membership companies are not regulated under the Ontario Travel
Industry Act, 2002
. Therefore, TICO would not be able to assist you. For questions or concerns related to
timeshare or membership companies you should contact:
Ministry of Government and Consumer Services
http://www.ontario.ca/consumers/filing-consumer-complaint
Tel: (416) 326-8800 or1 (800) 889-9768
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