Licence Appeal Tribunal File Number: 15119/TIA
In the matter of an appeal from a Notice of Proposal to Revoke Registration issued pursuant to the Travel Industry Act, 2002.
Between:
2615238 Ontario Inc. o/a Tai Pan Tours
Appellant
and
Registrar, Travel Industry Act, 2002
Respondent
CONSENT ORDER
VICE-CHAIR:
Colin Osterberg
APPEARANCES:
For the Appellant:
Micah Ryu, Counsel
For the Respondent:
Husein Panju, Counsel
HEARD: In Writing
CONSENT oRDER
12615238 Ontario Inc. o/a Tai Pan Tours, the appellant, appealed from a Notice of Proposal to Revoke Registration issued by the Registrar, Travel Industry Act, 2002 (“Registrar”) dated July 24, 2023, under the Travel Industry Act, 2002, S.O. 2002, c. 30, Sched. D (the “Act”).
2The parties advised the Tribunal that they resolved the issues in dispute and that both parties consent to the continued registration of the appellant as a travel agent under the Act subject to terms and conditions set out in a document, Conditions to Registration, which was executed by the parties and filed with the Tribunal. The agreed upon terms and conditions to the appellant’s registration are attached to this Order as Schedule A.
3I have reviewed the executed settlement agreement and the Conditions to Registration which were agreed to by the parties.
4On consent of the parties, I order that the proceedings are concluded and disposed of without a hearing on the basis of the terms set out in the attached Schedule A, which are incorporated into and made part of this Consent Order.
Released: September 28, 2023
__________________________
Colin Osterberg
Vice-Chair
Schedule A
2615238 Ontario Inc. o/a Tai Pan Tours
Registration # 50024158 – R (Retailer) & # 50024159- W (Wholesaler)
CONDITIONS TO REGISTRATION
Whereas 2615238 Ontario Inc. o/a Tai Pan Tours (Registration # 50024158 & 50024159) (the “Registrant”) is a travel agent and wholesaler under the Travel Industry Act, 2002, ("Act") and is subject to the requirements of the Act and to Regulation 26/05 under the Act (“Regulation”) (collectively, the “legislation”);
AND WHEREAS a Notice of Proposal to Revoke Registration (the “Proposal”) was issued by the Registrar on July 24, 2023;
AND WHEREAS the Proposal alleged that the Registrant failed to comply with its obligations under the legislation to provide a statement, invoice, or receipt to consumers that sets out all cancellation fees or other charges;
AND WHEREAS the Proposal alleged that the Registrant failed to reimburse consumers after acquiring the right to travel services for resale and the supplier failed to provide the travel services;
AND WHEREAS the Registrant has provided documentation that the Registrar has relied upon as evidence that the deficiencies outlined in the Proposal have been addressed by the Registrant;
AND WHEREAS the Registrar is agreeable to resolving the Proposal;
AND WHEREAS the Registrar believes that attaching the following conditions to the registration is just in the circumstance;
THEREFORE pursuant to subsection 8(2) of the Act, the Registrant and the Registrar, in accordance with section 4.1 of the Statutory Powers Procedure Act, do hereby waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal ("Consent Order") based upon the following terms and conditions:
The Registrant accepts the following conditions to its registration:
A. Conditions of Continued Registration
In addition to and without limiting the Registrant’s obligation to comply with all requirements of the legislation, and in addition to and without limiting its obligation to comply with all voluntary conditions of its registration including but not limited to those undertaken at the time of its registration and/or renewal of registration, and including without limitation the Trust Declaration, on behalf of the Registrant, undertaking to comply with its provisions, the provisions of the legislation and TICO Guidelines with respect to trust accounts and the depositing, holding and disbursement of trust funds (“Trust Declaration”), the Registrant hereby undertakes to comply with the following additional conditions of its registration:
Upon selling travel services, the Registrant shall promptly provide consumers with a statement, invoice, or receipt that clearly sets out any fees, levies, service charges, surcharges, taxes or other charges, and whether those amounts are refundable or non-refundable.
If the Registrant acquires the rights to travel services for resale and the supplier fails to provide the travel services, the Registrant shall either:
i. Reimburse the customer;
ii. Provide comparable alternate travel services that are acceptable to the customer; or
iii. Provide the customer with a voucher, certificate, coupon or similar document that is acceptable to the customer, for future redemption towards travel services
For further clarity, should the Registrant provide the consumer with option (ii) or (iii) above, the Registrant shall ensure that the consumer is aware that the consumer has the right to refuse option (ii) or (iii) and can demand a reimbursement (pursuant to option (i)) instead.
The Registrant shall respond to any and all requests for information, forms or documents from the Registrar or the Registrar’s designate (hereinafter “TICO staff”) in a fulsome and timely manner and is responsible for ensuring that any and all Directors and Officers and Supervisor/Managers of the Registrant respond in a fulsome and timely manner. The Registrant shall respond to all requests for information, forms, or documents from TICO staff by the due date or time indicated or, if no specific due date or time is indicated, within 5 business days after the request.
In addition to and without limitation to the above, the Registrant shall comply will all requirements of the legislation applicable to the Registrant.
B. The Registrant understands that should it fail to comply with any of the above noted conditions or any other provision of the Act or Regulation, that non-compliance and all previous non-compliance history will be taken into consideration and cited in any decision by the Registrar to take further legal or administrative action including a further Proposal to Revoke or Refuse to Renew Registration under the Act.
C. The Registrant hereby acknowledges and understands that nothing in these conditions restricts the right of the Registrar or the Travel Industry Council of Ontario to take further administrative or legal action, or a prosecution for an alleged offence under the Act, as appropriate, including but not limited to any administrative or legal action arising in whole or in part from any non-compliance with these Conditions. For clarity, the Registrant acknowledges and understands that a failure to comply with any provisions of the Conditions of Continued Registration above may result in issuance of the Notice of Proposal to Revoke Registration.
D. The Registrant and the undersigned on behalf of the Registrant acknowledge they have read, understand and will comply with the entirety of this document including but not limited to the Conditions of Continued Registration.
E. The Registrant and the undersigned on behalf of the Registrant hereby acknowledge that they have been informed of their right to independent legal advice.
SIGNED THIS DAY OF
Name:
Position:
2615238 Ontario Inc. o/a Tai Pan Tours (TICO Registration # 50024158 & 50024159)
“I have the authority to bind the Corporation” (please circle) Date:
Dorian Werda
Registrar, Travel Industry Act, 2002
Date: