The Travel Industry Council of Ontario (TICO) says it is closely monitoring the evolving situation in parts of Mexico and is reminding travel advisors of their legal and consumer protection obligations as unrest impacts some destinations.
In an advisory posted February 23, TICO acknowledged that news of instability can be concerning for both travellers and the advisors supporting them.
“Travel advisors are an essential partner in helping consumers navigate an increasingly complex travel landscape,” said TICO CEO Richard Smart.
"With the industry once again facing challenges, including those affecting travel to parts of Mexico, advisors continue to provide critical guidance on consumer protection and making adjustments when plans are disrupted.”
Travellers Currently in Destination
For registrants with clients already in Mexico, TICO emphasized that safety is the top priority. Travellers are encouraged to shelter in place where necessary and follow instructions from local authorities.
Under Section 40 of Ontario’s Regulation, the timing of a scheduled departure may be delayed or advanced by more than 24 hours when there is a safety consideration, provided consumers are notified in a timely manner.
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TICO also advises:
Travellers should stay in close contact with their airline, tour operator or travel agency for operational updates.
Canadians should register with the Government of Canada’s Registration of Canadians Abroad service.
Clients should review the latest federal travel advisories for Mexico.
Travellers with insurance should contact their provider to understand what coverage may apply.
Cancelled Southbound Flights: What Ontario Law Requires
For registrants whose clients’ southbound flights to affected areas have been cancelled, TICO outlined obligations under Ontario law for packaged travel.
If a travel agency or tour operator has acquired rights to travel services for resale and cannot provide those services because a supplier fails to deliver (for example, a cancelled flight), customers must be offered their choice of arefund comparable alternate travel services acceptable to the customer; or avoucher or similar document acceptable to the customer for future travel.
If a client opts for a full refund, it must be provided within a reasonable timeframe under Ontario consumer protection law (Section 46 of the Regulation).
For air-only bookings, TICO directs advisors and passengers to the Canadian Transportation Agency’s Air Passenger Protection Regulations for guidance on compensation and passenger rights.
Future Bookings: Terms and Conditions Still Apply
For clients with upcoming trips, TICO notes that where suppliers continue to operate, customers remain subject to the booking’s terms and conditions, including change and cancellation penalties.
While some suppliers may choose to offer goodwill gestures, registrants are required to consider their contractual and legal obligations when responding to client requests (Section 36).
Duty to Warn and Ongoing Disclosure
TICO also reminded advisors of their obligation to warn clients about conditions that may affect their decision to travel.
Prior to booking, travel agents must bring to a customer’s attention any conditions they have reason to believe could impact the purchase decision (Section 36(a)).
Registrants may also have a continuing obligation after booking. If material information previously communicated to a client changes — such as details in an advertisement or brochure — and could have influenced their decision, the registrant must promptly inform the customer (Section 37).
TICO is encouraging registrants to regularly check supplier websites for operational updates and to monitor the Government of Canada’s Mexico travel advisory, as conditions may change.
Registrants with questions can contact TICO at [email protected] or call 1-888-451-TICO (8426).
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