TICO Invoicing and Conditions 2 — Questions and Answers
Question 1: Under Ontario Regulation 26/05, which of the following must appear on a travel booking invoice provided to the consumer?
- The names of all travellers, total price including all taxes and fees, a description of all services, and cancellation and refund conditions (Correct answer)
- Only the total price and departure date
- The agent's personal cell phone number and the IATA airline code
- A federal GST/HST registration number for each travel supplier
Correct answer: The names of all travellers, total price including all taxes and fees, a description of all services, and cancellation and refund conditions
Ontario Regulation 26/05 specifies comprehensive requirements for what must be included on a travel invoice, including traveller names, all-inclusive pricing, service descriptions, and cancellation conditions.
Ontario Regulation 26/05 under the Travel Industry Act, 2002 sets out specific requirements for travel booking invoices. These include the names of all travellers, a full description of all travel services purchased, the total all-inclusive price including all taxes and fees, the payment schedule, and all cancellation, refund, and change conditions.
Question 2: A travel agent issues an invoice that states 'all sales final, no refunds.' Under TICO's standards and Ontario travel law, this clause is:
- Invalid to the extent it attempts to deny rights that consumers are entitled to by law, such as refunds for supplier-cancelled travel (Correct answer)
- Fully enforceable since it was clearly stated on the invoice before the consumer paid
- Enforceable only for bookings under $1,000
- Enforceable for international travel but not domestic Canadian travel
Correct answer: Invalid to the extent it attempts to deny rights that consumers are entitled to by law, such as refunds for supplier-cancelled travel
Contract clauses that attempt to waive statutory consumer rights are void. Consumers retain their right to refunds when entitled by law, regardless of 'no refunds' clauses.
An 'all sales final, no refunds' clause cannot legally override consumer rights established by Ontario's Travel Industry Act, 2002 and Regulation 26/05. If a supplier cancels travel, the consumer is entitled to a refund regardless of what the invoice says. Agents who use such clauses to improperly deny refunds may face enforcement action from TICO.
Question 3: Under TICO's invoicing requirements, when must the final invoice be provided to the consumer?
- Before or at the time of the final payment, giving the consumer time to review all terms before full commitment (Correct answer)
- Only after the final payment has been processed by the supplier
- At least 90 days before the departure date, regardless of when the booking was made
- Upon the consumer's written request, within 30 days of booking
Correct answer: Before or at the time of the final payment, giving the consumer time to review all terms before full commitment
The final invoice should be provided before or at the time of final payment so consumers can review all terms before their full financial commitment is made.
Ontario Regulation 26/05 requires that consumers receive their full invoice containing all required disclosures before or at the time of making final payment. This gives consumers the opportunity to review all terms, conditions, and cancellation policies before they are fully committed financially.
Question 4: If a travel invoice contains an error in the departure date and the consumer departs on the incorrect date as stated in the invoice, which party is likely responsible under TICO's standards?
- The registered travel agent who issued the incorrect invoice bears primary responsibility for the error (Correct answer)
- The consumer bears full responsibility since it is their obligation to verify all travel documents
- The airline is solely responsible since they issued the actual tickets
- TICO's arbitration panel allocates responsibility proportionately between all parties
Correct answer: The registered travel agent who issued the incorrect invoice bears primary responsibility for the error
The travel agent who issued the invoice with the incorrect date bears primary responsibility for the error under TICO's standards.
Under TICO's standards of practice, travel agents are responsible for ensuring the accuracy of all booking documentation, including invoices. While consumers are also advised to check their documents, an agent who issues an invoice with an incorrect departure date has failed in their professional obligation. TICO's standards hold agents accountable for errors in documentation that cause harm to consumers.
Question 5: When a travel agent includes third-party terms and conditions (such as airline or hotel terms) in their booking contract, how must this be handled under Ontario travel law?
- The key terms and conditions must be disclosed to the consumer before the booking is confirmed, not buried in fine print or linked URLs only (Correct answer)
- Third-party terms are entirely the supplier's responsibility and the agent need not review or disclose them
- Third-party terms must be mailed to the consumer by registered post
- Third-party terms only apply if the consumer has independently signed the supplier's agreement
Correct answer: The key terms and conditions must be disclosed to the consumer before the booking is confirmed, not buried in fine print or linked URLs only
Agents must ensure that key third-party terms affecting the consumer's rights — such as cancellation policies — are clearly disclosed before booking, not just referenced by URL.
Under TICO's standards, travel agents cannot simply hand off responsibility for third-party terms by embedding a link to an airline or hotel's website. Material terms and conditions — particularly cancellation and refund policies — must be actively disclosed to the consumer in a clear and readable format before the booking is confirmed. Agents must review supplier terms and ensure consumers understand them.
Question 6: A consumer books a package tour and the invoice shows $3,200. Later, the agent discovers the price was entered incorrectly and should have been $4,200. Under TICO's standards, what should the agent do?
- Immediately notify the consumer of the pricing error and give them the option to proceed at the correct price or cancel without penalty (Correct answer)
- Honour the $3,200 price since it was confirmed in writing on the invoice
- Simply issue a corrected invoice for $4,200 without explanation
- Pass the $1,000 difference on to the supplier and blame the supplier for the error
Correct answer: Immediately notify the consumer of the pricing error and give them the option to proceed at the correct price or cancel without penalty
Upon discovering an invoicing error, the agent must promptly notify the consumer and give them the option to proceed at the correct price or cancel without penalty.
TICO's standards require agents to act honestly and transparently. If an invoice was issued with an incorrect price due to an agent error, the agent must promptly disclose the error to the consumer and offer them the choice to either accept the booking at the correct price or cancel without any penalty. The consumer should not bear the cost of the agent's administrative error.
TICO Invoicing and Conditions 2
Under Ontario Regulation 26/05, which of the following must appear on a travel booking invoice provided to the consumer?