Complaints

 
 



What is TICO's role in consumer complaints?
The Travel Industry Council of Ontario (TICO) is responsible for administering the Travel Industry Act, 2002 and Ontario Regulation 26/05 in the best interest of the public. TICO accepts complaints from consumers against Ontario registered travel retailers and Ontario registered travel wholesalers (tour operators).  Its role is to facilitate the flow of information between the consumer and the Ontario travel company to assist in resolving the dispute and reaching an equitable solution.  Pursuant to its mandate of administering and enforcing the Act and the Regulation, TICO also reviews the information received to determine whether regulatory action is required.  If so, 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 act as an arbitrator in any complaint matter or to impose a settlement.





I have a complaint against my Ontario travel agent and/or tour operator, what should I do?
TICO will address a complaint only after the consumer has made an attempt to resolve the 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. 





What are some examples of complaints 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.




What are some examples of complaints 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.
  • 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.

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.





What is the Complaints process?

First, tell us about your complaint.  TICO’s Complaint Officers will be able to assist you in determining your next steps.  If you have a complaint issue that TICO can assist you with, TICO will send you a complaint form.  Complete the complaint form in full and return it with all your supporting documentation, including the receipt/invoice you received from your travel agency when you purchased your travel services.   

Once TICO receives your completed complaint form, we will send you an acknowledgement letter, which will include your assigned complaint file number.  TICO will then examine the complaint against the requirements of the Travel Industry Act, 2002 and Ontario Regulation 26/05 to determine whether there have been any possible contraventions of the legislation.  TICO will contact the travel agency or travel wholesaler (tour operator) involved and request that they provide TICO with an explanation as well as their position on the issues raised in your complaint. 

TICO’s goal is to assist the parties in reaching a resolution that is satisfactory to everyone involved.
It is important to note that TICO does not have the authority to act as an arbitrator in any complaint matter or to impose a settlement. 





How long does the complaints process take?

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.





I expect compensation for the problems that I experienced. Can TICO force the registrant to provide this compensation?

No, 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.



If my travel agent or tour operator will not refund me or compensate me for the issues raised in my complaint, will TICO compensate me from the Compensation Fund?

No.  The Compensation Fund protects consumers who have purchased travel services from an Ontario registered travel agency and who have not received these travel services due to the bankruptcy or insolvency of a registered Ontario travel retailer, travel wholesaler or due to the cessation of an airline or cruise line.  There is no provision to allow a claim on the basis of dissatisfaction with travel services that were received or to provide compensation for customer service issues.



What if I am not happy with the resolution of my complaint?

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.



What if I am not satisfied with the way my complaint was processed and handled by TICO?

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 Complaints 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.



Can TICO tell me how many complaints there are against a particular travel company?

No.  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.



Can TICO take any administrative action against a travel agency or travel wholesaler when TICO receives a consumer complaint?

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.



Can I learn the results of any administrative or enforcement action in relation to my complaint by TICO’s Compliance Department?

Any compliance or enforcement related activities conducted by TICO are confidential and are between the travel agency and/or travel wholesaler and TICO.



I have a complaint with my airline regarding delays or baggage problems. Can TICO help me with these situations?

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

1(888) 222-2592



I made a booking with a company that is located outside of Ontario and I am having a problem, what can I do?

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 search feature to find out if the company is registered.


I belong to a timeshare/membership company and I want to cancel my membership. Can TICO assist me?

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 Consumer Services
http://www.gov.on.ca/
1 (800) 889-9768