What is the fund?
Purpose of the fund
The fund is used to refund you if your travel agency or a provider (airline carrier, hotel, etc.) is not able to provide you with the services that you purchased. The fund is used to reimburse you in specific situations. If you dealt directly with a provider, without going through a travel agent with a licence, the fund will not be able to protect you.
The fund is made up of contributions that consumers pay when they enter into a contract with a travel agent operating in Québec. The amount of your contribution is a percentage of your purchase which is the equivalent of $1 per $1,000 of purchased serviced. The contribution must be clearly indicated on the invoices or receipts that are given to you.
Travel agency closure
You can file a claim if the travel agency closes its doors between the date that you purchased your trip and the date of your departure.
Did not receive transportation or accommodation
You can ask for a refund when service providers (your airline carrier or hotel, for example) are unable to respect their obligations. If your flight is cancelled, the airline carrier must refund the total amount of your tickets or offer you seats on another flight. If they fail to do so, the fund could offer a refund.
Immediate departure or necessary repatriation
The compensation fund can provide you with the money required to ensure your return home, for example, if the airline cannot provide the service.
You feel that the received services do not comply with your agreement with the travel agent but the agent refuses to compensate you? You can take legal action to enforce your rights. The page Dissatisfaction with received services present the steps to follow. If you are successful in your claim, you can have the judgment enforced against the travel agent. If the agent is unable to pay you (business closure, for example), the surety paid by the travel agent or the fund can be used to compensate you. A surety is an amount of money that the travel agent gives to the Office to receive a licence to operate. It can be used to compensate you if the agent does not respect his or her obligations.
Items not covered by the fund
The fund does not reimburse the following : • “Non tourist-related” goods or services (the purchase of travel insurance, tourist guide services, luggage, etc.); • Non-pecuniary damages due to the default of a provider, such as the loss of vacation days or the loss of salary caused by a flight cancellation.
Reimbursement by a third party
If you receive reimbursement from a third party, such as an insurance company, you may not receive compensation from the fund. However, if you received a partial reimbursement you can claim the difference from the fund. For example, you paid $1,000 for services that were not provided and received a $400 reimbursement from your insurance company. You can claim the remaining $600 from the fund.
A file is opened when the Office de la protection du consommateur receives a claim. The Office then processes the received claims and issues reimbursements 6 months after the first claim file is opened. If a carrier suspends its activities, the Office issues reimbursements 6 months later.
All claims must be made after the date of your scheduled trip. The receipt notification details the main steps of the compensation process and associated delays.