TICO Complaints and Dispute Resolution — Questions and Answers
Question 1: Which of the following parties is eligible to file a complaint with TICO against a registered travel agent?
- Any consumer who purchased travel services from a registrant (Correct answer)
- Only consumers who purchased a package tour worth more than $500
- Only consumers who have already attempted to resolve the issue directly with the registrant
- Only Ontario residents who hold a TICO membership
Correct answer: Any consumer who purchased travel services from a registrant
Any consumer who purchased travel services from a TICO-registered travel agent may file a complaint with TICO. There is no minimum purchase value, no requirement to have first contacted the registrant, and no membership requirement.
Question 2: When TICO receives a consumer complaint against a registrant, what is TICO's first typical step?
- Immediately revoke the registrant's licence
- Attempt to mediate a resolution between the consumer and the registrant (Correct answer)
- Forward the complaint to the Ontario courts
- Issue a public notice about the registrant
Correct answer: Attempt to mediate a resolution between the consumer and the registrant
TICO typically attempts mediation as a first step, encouraging the registrant and consumer to reach a resolution. Licence revocation and legal proceedings are reserved for serious violations and only after a full investigation.
Question 3: What power does TICO have when investigating a consumer complaint against a registered travel agent?
- TICO can only advise both parties but has no authority to compel action
- TICO can require the registrant to produce business records related to the complaint (Correct answer)
- TICO can award financial damages directly to the consumer without a hearing
- TICO can suspend the registrant's licence immediately without notice
Correct answer: TICO can require the registrant to produce business records related to the complaint
During an investigation, TICO has authority to require registrants to produce relevant business records and documents. TICO cannot directly award damages or suspend a licence without following the proper due-process procedures under the Travel Industry Act.
Question 4: If TICO finds that a registrant has violated the Travel Industry Act following a complaint investigation, which outcome is NOT within TICO's authority?
- Issuing a letter of warning to the registrant
- Referring the matter to a disciplinary hearing
- Sentencing the registrant to imprisonment (Correct answer)
- Imposing conditions on the registrant's registration
Correct answer: Sentencing the registrant to imprisonment
TICO is a regulatory body, not a criminal court. It cannot impose imprisonment. TICO's enforcement tools include warnings, conditions on registration, suspension, and revocation. Criminal sentences require prosecution through the courts.
Question 5: A consumer purchased a vacation package that was significantly different from what was advertised. The travel agent refuses to offer any refund. What is the most appropriate next step for the consumer?
- Accept the agent's position because the booking is non-refundable
- File a complaint with TICO for investigation (Correct answer)
- Contact the destination resort directly for compensation
- Apply immediately to the Ontario Superior Court
Correct answer: File a complaint with TICO for investigation
When a registrant refuses to resolve a legitimate complaint, consumers should file a complaint with TICO. TICO is the regulator empowered to investigate such disputes and, where appropriate, compel corrective action from the registrant.
Question 6: Which of the following best describes the outcome TICO cannot guarantee when handling a consumer complaint?
- Investigating the registered travel agent's conduct
- Ensuring full financial restitution to every complainant (Correct answer)
- Taking regulatory action against a registrant found to have violated the Act
- Mediating a resolution between the consumer and the registrant
Correct answer: Ensuring full financial restitution to every complainant
TICO can investigate, mediate, and discipline registrants, but it cannot guarantee full financial restitution to every complainant. Compensation depends on the circumstances, the registrant's compliance, and, in eligible cases, the Travel Compensation Fund.
Which of the following parties is eligible to file a complaint with TICO against a registered travel agent?