Cuba Travel Disruptions: TICO Clarifies Refunds, Packages and Advisor Responsibilities

The Travel Industry Council of Ontario (TICO) has issued updated guidance to travel agencies and tour operators outlining their responsibilities under Ontario law as operational disruptions continue to affect travel services in Cuba.

The advisory is intended to help registrants navigate customer service obligations when suppliers are unable to deliver booked travel services, including flights and accommodations.

“We recognize and acknowledge the value and expertise of travel advisors in helping their customers navigate consumer protection information,” said TICO CEO Richard Smart.

“By helping consumers understand what their booking includes and what their rights are, advisors ensure travellers can make confident, informed decisions, especially when circumstances change unexpectedly.”

Packaged travel

Under Ontario law, if a travel agency or tour operator acquires rights to travel services for resale and is unable to provide the travel services because a supplier fails to deliver them (e.g., flight to destination or availability of hotel), customers must be offered their choice of:

• A refund;
• Comparable alternate travel services acceptable to the customer; or
• A voucher or similar document that is acceptable to the customer for future redemption towards travel services.

If a customer prefers a full refund for a travel package, Ontario’s consumer protection laws require a refund be provided within a reasonable timeframe.

Relevant section of the Regulation: 46

Accommodations

Registrants may be responsible for taking reasonable measures to ensure that the accommodations sold to customers are in the same condition as described at the time of sale, when the time comes for the customer to use those travel services. 

If they are not, the registrant must promptly notify the travel agent or customer, and must offer the customer a choice of:

• A full and immediate refund; or
• Comparable alternate services acceptable to the customer. 

Relevant sections of the Regulation: 40

What if the accommodations are part of a package?

If the accommodations are sold as part of a package that includes transportation to a destination, the refund or comparable alternative services must apply to the entire package. If the accommodations were sold separately, the requirement is to offer a refund or comparable alternative services for the accommodations.

Relevant sections of the Regulation: 37 and 39

Conditions affecting travel purchase decisions

Registrants are required to warn customers of the evolving nature of conditions in Cuba. Prior to reserving travel services for a customer, a travel agent shall bring to the customer’s attention any conditions that the travel agent has reason to believe may affect the customer’s decision to make the purchase.  

Relevant section of the Regulation: 36(a)

Advising customers of changing conditions

Registrants may also have a continuing obligation to inform customers of a deteriorating situation in the travel destination after the travel services have been reserved.

After booking, if any material information previously communicated to the customer changes (e.g., details from an advertisement or brochure) that may have influenced their purchase decision, the registrant must promptly inform the customer.

Relevant section of the Regulation: 37

Conditions affecting travel decisions

Registrants are also required to advise customers of evolving conditions in Cuba that could influence a travel purchase. Before reserving travel services, agents must bring to the customer’s attention any conditions they have reason to believe may affect the customer’s decision to proceed.

Terms and conditions still apply

Where suppliers continue to deliver services, customers remain subject to the original booking terms and conditions, including any applicable change or cancellation penalties. While some suppliers may offer goodwill gestures, TICO advises registrants to consider their contractual and legal obligations when responding to customer concerns.

Additional resources

TICO encourages registrants to monitor supplier websites for updates on service availability and goodwill policies.

For air-only cancellations and delays, travellers and advisors are directed to the Air Passenger Protection Regulations administered by the Canadian Transportation Agency.

Registrants with questions can contact TICO at [email protected] or by phone at 1-888-451-TICO (8426).

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