Section 52 of the Regulation - Answers Purpose of the travel Industry compensation Fund
The purpose of the Travel Industry Compensation Fund (usually referred to simply as the
Compensation Fund, or the Fund) is to : - Answers protect consumers who purchase travel services
from Ontario-registered retailers.
If travel services cannot be provided because of the financial failure of a registrant or an airline or
cruise line end supplier, then a consumer may be eligible to: - Answers receive compensation from
the Fund.
True or False: Consumers do not have to live in Ontario to be covered by the Fund. - Answers True. As
long as consumers purchase travel services from an Ontario registered travel agency, they are
protected by the Compensation Fund in the event that they do not receive their travel services as a
result of the failure of an Ontario registered travel retailer, an Ontario registered travel wholesaler or
an airline or cruise line.
The Fund is made up of: - Answers contributions made by registrants
any money borrowed under this or an earlier Regulation
recoveries of money paid from the Fund; and
income earned on the money in the Fund.
Section 72 of the Regulation - Answers TICO has the legal right to borrow money to supplement the
Fund.
Section 70 of the Regulation - Answers A registrant is required to reimburse the Fund for any claims
paid to the registrant's customers under certain circumstances
A registrant is required to reimburse the Fund for any claims paid to the registrant's customers under
the following circumstances: - Answers the registrant is bankrupt or insolvent or has ceased to carry
on business; or the registrant purchased travel services on the customer's behalf, extending credit to
the customer, and the customer paid the registrant for the travel services after the supplier of the
travel services had become bankrupt or insolvent or ceased to carry on business.
claimant - Answers someone who officially makes a claim to a benefit or right. In the case of the
Travel Industry Compensa-tion Fund, they are someone who wishes to be paid back ("reimbursed")
for what he or she spent on a travel service but did not receive or someone who wish-es to be
reimbursed for rea-sonable expenses incurred to complete a trip.
A travel agent or travel wholesaler must contribute to the: - Answers Travel Industry Compensation
Fund.
Contributions to the Fund must be made : - Answers twice a year (at a six-month interval), with each
payment based on the company's gross sales in Ontario.
When registrants make payments to the Fund, each payment must be accompanied by : - Answers a
completed return that shows the registrant's sales in Ontario for the preceding fiscal half-year and the
amount owing to TICO.
Registrant returns must be: - Answers certified for accuracy by the registrant or an authorized officer
or partner of the registrant.
Standard Claim - Answers is a claim for travel services that were paid for but not provided as a result
of the failure of an Ontario-registered travel agent, an Ontario-registered travel wholesaler or an
airline or cruise line.
Who can make a standard claim? - Answers A customer, a travel agent or a travel wholesaler
Trip Completion Expense Claim - Answers claim for reason-able expenses incurred to complete a trip
where a customer or another person has begun a trip that cannot be com-pleted because travel
services have not been provided as the result of the failure of a TICO registrant.
Who can make a trip completion expense claim - Answers A customer or a travel agent
Section 56 of the Regulation - Answers The TICO Board of Directors is responsible for determining
whether all or part of a claim is eligible for reimbursement. The Board is also responsible for deciding
on the eligible amount of a claim.
Section 72 of the Regulation, Administration of the compensation Fund - Answers TICO may borrow
money to supplement the Compensation Fund. If the Fund has more money than what it needs to
meet TICO's immediate needs, TICO can invest funds in authorized investments
Section 74 of the Regulation - Answers TICO's Board of Directors may retain the services of experts or
advisors, such as legal counsel, accountants, staff, or trade associations, to: administer and manage
, the Fund; investigate claims; and maintain and protect the Fund. The Fund may be used to pay these
individuals for their services.
Section 73 of the Regulation - Answers To ensure that the Fund is properly managed, the Director can
request from the Fund administrators any information, books, records, or documents related to the
Fund.
Section 75 of the Regulation - Answers The Director can also request an audit of the affairs of the
Fund. If that happens, the TICO Board must assist the auditors and provide any information they
require
The Tribunal has the power to either: - Answers allow the claim in whole or in part and direct TICO to
pay the amount allowed from the Fund; or deny the claim in whole or in part.
Claimants who wish to appeal a Board decision are entitled to a hearing before the Tribunal as long as
they mail or deliver a written request to the Registrar and the Tribunal within : - Answers 15 days
after being informed that their claim was denied.
If a claimant does not request a hearing: - Answers the decision of the TICO Board becomes final.
If a claimant does request a hearing: - Answers the Tribunal will select a date and hold the hearing.
The parties required to be involved at the hearing are the : - Answers claimant, TICO, and any other
person specified by the Tribunal.
Section 71 of the Regulation - Answers Appeals Process
The TICO Board must immediately notify the claimant in writing if - Answers it decides that a claim or
any part of it is not eligible for reimbursement. The Board must also tell the claimant that he or she
has the right to a hearing before the Licence Appeal Tribunal, and how and when to request a hearing.
Section 62 of the Regulation - Answers Subrogation section of the claim form
Subrogation - Answers is a legal term. It describes a situation in which one claimant is substituted by
another claimant who takes on the legal rights and claims of the original person. For example,
imagine that Amy is owed $100 by John. If Duncan steps in and pays Amy the $100 on John's behalf,
then John now owes Duncan the money - and Duncan has the legal right to collect it from John.
If the TICO Board determines that all or part of a claim is eligible, the Board can require a claimant to
transfer to TICO - Answers his or her interest in a claim against a third party (for example, a registrant
who has defaulted). To put this subrogation into effect, the claimant must sign any documents
necessary to make the transfer legal. TICO may then reimburse the claimant from the Compensation
Fund and try to recover the funds from the third party.
A standard claim must be made to the Board of Directors within - Answers 6 months of the reg-
istrant or end supplier failure.
A trip completion expense claim must be made to the Board of Directors within - Answers three
months after the registrant be-comes bankrupt or insolvent or ceases to carry on business.
Additional information requirement - Answers If a claim is received incomplete, the TICO Board may
ask the claimant to provide additional information or documentation to prove his or her claim. In such
cases, the claimant has 12 months from receiving the request to provide the details. If a claimant does
not do so, TICO will consider the claim "abandoned." Depending on the circumstances, TICO may give
a claimant additional time to provide the requested details
Affidavit requirement - Answers Claimants are required to complete this in support of their claim.
affidavit - Answers legal written document that a claimant must swear or affirm is true, in front of a
commis-sioner of oaths, a notary public, or a lawyer.
A travel agent shall, twice a year, make payments in the amount that is the greater of the following: -
Answers $25 plus the applicable taxes.
A travel wholesaler shall, twice a year, make payments in the amount that is the greater of the
following: - Answers $25 plus the applicable taxes.
A travel agent shall, twice a year, make payments in the amount that is the greater of the following,
and The amount of, - Answers $0.15 plus the applicable taxes for every $1,000 or part of $1,000 of
sales in Ontario made on or after May 1, 2013.
A travel wholesaler shall, twice a year, make payments in the amount that is the greater of the
following, and The amount of, - Answers $0.15 plus the applicable taxes for every $1,000 or part of
$1,000 of sales in Ontario made on or after May 1, 2013.
Contributions required under this Payment Schedule shall be made to TICO: - Answers within 90 days
after the end of the first half of the registrant's fiscal year; and within 90 days after the end of the
second half of the registrant's fiscal year.