Québec travel-counsellor study guide

Free OPC Travel Counsellor study guide, part 1 of 1: The OPC, the laws and consumer remedies, Travel agents and licences, The travel counsellor certificate. Plain-language notes with official sources and related practice questions.

By the Canada Exam Prep Editorial Team · Updated October 24, 2026

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This guide groups twelve teaching topics along a travel sale: roles, licences and certificates, received funds, receipts, advertising, prices, cancellation and remedies. The organization is editorial and claims no official exam weighting. These original notes revisit our question concepts, and flashcards use the same notes rather than adding an independent bank.

Read each rule with its condition and exception. FICAV payment is not automatic. The collective ceiling’s floor is not a minimum indemnity. A contribution calculated and then credited on an invoice is not a net charge to collect during the current rebate.

After a section, use its practice link to apply the rule to a scenario. Compare the explanation with its official source. The checked French laws are current; our English teaching translation does not replace an official legal version or determine a real dispute.

The provider’s manual remains an essential resource for both official examination modules. This free guide replaces neither the program nor professional advice for a particular transaction, and its scores do not predict success.

Study these notes as flashcards →

The OPC, the laws and consumer remedies

What the Office de la protection du consommateur does, the laws that govern travel sales, penal proceedings, civil remedies and the three levels of customer protection.

Practise The OPC, the laws and consumer remedies questions Flashcards Official chapter

The OPC, the laws and consumer remedies

Which body administers the Travel Agents Act in Québec?: The Office de la protection du consommateur (OPC) oversees the Travel Agents Act and its regulation, as well as the Consumer Protection Act.
Which of these roles is part of the OPC's mandate?: The OPC informs and educates consumers, monitors merchants (inspections, investigations, penal proceedings) and promotes cooperation and conciliation. It does not set prices.
Who can issue, suspend or cancel a travel counsellor certificate?: The Act and Regulation give the president of the Office the power to issue, renew, suspend and cancel licences and certificates.
An agency stops paying its suppliers because its trust account is in deficit. What can the president of the Office do to protect customers?: The president can appoint a provisional administrator to run temporarily or wind up the business of an agency that puts its customers' rights at risk.
Which law generally governs a consumer–merchant service contract, subject to its scope and exceptions?: CPA section 2 addresses contracts for goods or services made in the merchant’s business. Definitions and exceptions still matter; the Travel Agents Act adds sector-specific duties.
Under Penal Procedure Code s. 160, what is the ordinary deadline to send a plea after a statement of offence is served?: The 30 days run from service of the statement, not simply from the offence date. Send the plea to the place specified on the statement.
A provisional administrator serves the bank with notice under Travel Agents Act s. 15. What is required for a trust-account withdrawal?: After the specified notice, the institution cannot make a withdrawal or payment without the provisional administrator’s written authorization. This control applies in the circumstances defined by s. 15.
An individual customer claims $4,000 from an agency. Which court offers the small-claims procedure, generally without lawyer representation?: The Court of Québec Small Claims Division handles eligible claims up to $15,000 excluding interest. Eligibility, evidence and procedure still matter; the TAQ is not the forum for this refund claim.
What general small-claims limit does Québec currently publish, excluding interest?: The official page gives $15,000, excluding interest. Other eligibility conditions still apply; the amount alone does not establish that a particular claim is admissible.
Under Civil Code art. 2925, what period applies to a personal action whose prescription is not otherwise fixed?: The residual period is three years when another period is not provided. Starting points, suspension, interruption and special rules can affect a real claim’s calculation.
How many members does the minister appoint to the advisory committee of travel agents, in addition to the president of the Office?: The committee has eight members appointed by the minister, representing the industry, consumers and the state, plus the president of the Office. It meets at least three times a year.
Which of these is one of the three levels of protection set up by the Travel Agents Act?: The Act provides three levels: the trust account, the individual security (bond) and the FICAV compensation fund. Travel insurance and credit card chargebacks are additional protections.

Travel agents and licences

Who is a travel agent, the licence and duplicate licences, exemptions, notices of change, home establishments and appeals to the TAQ.

Practise Travel agents and licences questions Flashcards Official chapter

Travel agents and licences

Under the Act, who is a travel agent?: Section 2 covers accommodation, transport and trip-organizing operations for others or members. Then check the exceptions in ss. 3–4 and the regulation; not every reservation automatically requires the same licence.
Who issues the travel agent licence in Québec?: The licence is issued by the president of the Office de la protection du consommateur. The municipality only authorizes the use of an address.
An agency opens a second branch in Laval. What does it need?: A duplicate licence is required for each additional establishment where the agent carries on business.
Which of these may be exempt from the travel agent licence?: The Regulation has exceptions, for example carriers selling their own services and some tourist lodging operators offering local services. Agencies and wholesalers need a licence.
The agency changes its director. Within what time must it notify the Office?: A licence holder must tell the Office of any change to the information or documents filed with the application within 15 days (Regulation s. 12).
What information must the agent keep up to date about its travel counsellors?: The agent keeps a list of its counsellors showing each one's name, certificate number and certificate expiry date.
A counsellor leaves the agency. Within what time must the agent notify the Office?: According to the manual, the agent notifies the Office within five days when a counsellor stops working for it.
Which of these conditions applies to an agency establishment run from a residence?: A home establishment requires municipal authorization, a room reserved for the activity, and phone numbers and electronic addresses in the travel agent's name.
In whose name must the phone and email of a home establishment be?: The telephone and fax numbers and the electronic address used for the business must be in the travel agent's name.
Before refusing, suspending or cancelling a licence, what minimum period must the president allow for observations?: Section 13 requires written prior notice and at least ten days for observations, followed by a reasoned written decision. This minimum is separate from the TAQ challenge deadline.
The president of the Office upholds a decision to refuse a licence. Where can the agency challenge it?: The decision can be challenged before the Tribunal administratif du Québec (TAQ) within 30 days of receiving it.
When are travel agent licence fees indexed?: The Regulation indexes the fees on July 1 each year using the consumer price index for Canada.

The travel counsellor certificate

Certificate and restricted-licence exception, issuance, agency link and payment, annual validity, changes, suspension and re-entry.

Practise The travel counsellor certificate questions Flashcards Official chapter

The travel counsellor certificate

Who normally needs a certificate to advise and sell directly to clients of a general-licence agency?: This also covers outside counsellors under exclusive service contracts. OPC separately exempts employees of a restricted-licence agency; do not generalize the rule to every employee of every agency type.
An outside counsellor under an exclusive contract with a general-licence agency sells cruises to clients. Is a certificate needed?: Counsellors bound by an exclusive service contract (outside agents) must hold the certificate, just like employees.
Which situation is expressly exempted from the certificate on OPC’s current definition page?: OPC states this exemption for employees of a restricted-licence agency. It is not a blanket exemption for beginners, interns, part-time sellers or outside counsellors.
Which of these conditions must be met to obtain a certificate?: The applicant must pass the exam on the travel sector's legislative and regulatory provisions, as well as meet the other conditions of section 11.2.
An applicant was convicted of commercial fraud three years ago. What is the effect on her certificate application?: A conviction for fraud, forgery or fraudulent dealings in contracts or commerce in the previous five years bars issuing the certificate.
According to OPC, what is the maximum period after passing to pay issuance fees and link to an agency?: OPC gives two years to pay the certificate issuance fee and establish the agency link. The regulation sets a two-year application period. Passing alone does not authorize independent travel sales.
For how long is the travel counsellor certificate issued or renewed?: The certificate is issued or renewed for one year.
What must a counsellor do to renew the certificate each year?: Renewal requires that conditions b to f of section 11.2 still be met and the fee be paid. The exam is not retaken.
According to the OPC, what fees apply until June 30, 2027?: The OPC lists $72 for issuing and $36 for renewing the certificate until June 30, 2027; the amounts are indexed on July 1.
A counsellor moves house. Within what time must she tell the Office?: The counsellor must tell the president of any change to the information provided (address, phone, email, the agent she is tied to) within 15 days.
A counsellor loses his job and no longer works for any agency. What happens to his certificate?: Lack of an agency link suspends the certificate. For a temporary stop of up to two years, OPC directs counsellors to maintain annual renewal and contact details, then report the new agency. Suspension does not authorize independent sales.
After how long without a new tie to an agent does a suspended certificate stop having effect?: After two years of suspension without a new employment or exclusive contract, the certificate ceases to have effect and the exam must be retaken. During the suspension, the counsellor must still renew.

How a counsellor may work

Working for one agent only, where a counsellor may work and meet customers, collecting money for the agent, advertising, showing the certificate and penalties.

Practise How a counsellor may work questions Flashcards Official chapter

How a counsellor may work

For how many travel agents can a certified counsellor work at the same time?: The counsellor acts exclusively for one licensed agent and is not bound by an employment or service contract to more than one agent.
Where must a travel counsellor carry on business?: The counsellor operates in, or is attached to, an establishment of the agent to whom he or she is tied.
A counsellor wants to meet customers at home. When is that allowed?: The counsellor does not receive customers at home unless the agent operates an establishment there for which a duplicate licence was issued.
A customer hands a counsellor a cheque for a package. On whose behalf does the counsellor collect this money?: The counsellor collects funds for the travel agent; they are deposited in the agent's trust account.
In whose name must the invoice given to the customer be issued?: The counsellor issues the invoice in the name of the licensed travel agency he or she works for.
A counsellor prepares an ad for customers. Which personal contact detail may appear in it?: Advertising must show the agency's contact details. The only personal detail allowed is the counsellor's cell phone number.
A counsellor meets a customer in a café, outside the agency. What must the counsellor do if the customer asks?: Section 4 requires the person to demonstrate their status on request when acting away from the agent’s establishment. The certificate is relevant, but the statute should not be rewritten as requiring one particular paper card in every case.
An individual is convicted of a first offence under Travel Agents Act s. 4. What fine range does s. 39 provide?: For an individual, s. 39 provides $600–$15,000 for offences under ss. 4 or 33. Other offences have a different range; being charged is not the same as being convicted.
What happens to the fines when a counsellor reoffends?: The Act doubles the fines for a repeat offence, for example for acting without a certificate or failing to report a change.
For a first offence involving failure to report under Regulation s. 11.6, which fine range applies to an individual?: The regulation makes this failure an offence and refers to Act s. 40: $600–$6,000 for an individual. Do not confuse it with s. 39, which covers offences under ss. 4 and 33.
A counsellor verbally promises a customer an ocean-view room. What is the effect of that statement?: Under the CPA, a written or verbal statement by a representative binds the merchant. The agency must honour its counsellor's promise.
An agency is held civilly liable for its counsellor's fault. Does that shield the counsellor from penal charges for his own offences?: The agency's civil liability does not remove the counsellor's own penal liability for breaching the Act or Regulation.

The trust account

Depositing customer funds in trust, notices to the Office, permitted withdrawals and how to make them, the per-customer limit and bookkeeping.

Practise The trust account questions Flashcards Official chapter

The trust account

A general-licence agency receives client travel funds, outside the direct-card-payment exception. Where must it deposit or credit them?: The ordinary rule is prompt, full deposit or credit to the agent’s Québec trust account. The regulation separately addresses direct credit-card transmission and certain restricted-licence outfitters.
Which payment form falls within the definition of funds in Regulation s. 21?: The definition includes the monetary equivalent of card payments as well as cash and negotiable instruments. It does not remove the separate direct-transmission arrangement in s. 22.
The agency opens a new trust account. Within what time must it notify the Office?: Opening, closing and transferring the account are reported to the Office within seven days, with the institution's name and address and the account number.
A licence holder delegates trust-account transactions to a staff member. What formality does Regulation s. 27 expressly require?: Section 27 permits written authorization of an officer or staff member, acting alone or jointly. This is distinct from the trust-account opening notice in s. 22.1.
Which of these withdrawals from the trust account is allowed?: The funds serve the customer's services: paying the customer's suppliers, refunding the customer, reimbursing outlays made for the customer and, once suppliers are paid, the agent's fees and commission.
How may the agent withdraw money from the trust account?: A transfer must have the prescribed written record: date, amount, beneficiary, name and signature of the person making it. Recording a cash withdrawal does not make that method permitted.
When may the agent take the commission out of the trust account?: The agent may take commission and service fees from the account only after paying the suppliers of the customer's services.
Customer A deposited $2,000. The agent must pay the tour operator $2,500 for A. May the agent use $500 deposited by customer B?: The agent may not withdraw for a customer more than the funds deposited and held for that customer. One customer's money is never used for another.
May the trust account be overdrawn for a few days?: The trust account must never be overdrawn or in deficit.
The owner wants to pay the electricity bill with his share of commission held in the trust account, without transferring it first. Is that allowed?: Even when entitled to part of the funds, the agent may not use the trust account to pay operating expenses or personal bills.
What must the agent's books show about trust funds?: The books record all funds received in trust, outlays from the account and the unspent balance, in total and for each customer.
Without written delegation to an officer or staff member, who must carry out the trust account’s banking transactions?: The holder carries out transactions but may authorize an officer or staff member in writing, alone or jointly. A counsellor is not automatically authorized merely by holding that job.

Receipts, invoices and refund conditions

When to issue an invoice, what it must show, the FICAV statement, refund conditions before a deposit and the exception for last-minute bookings.

Practise Receipts, invoices and refund conditions questions Flashcards Official chapter

Receipts, invoices and refund conditions

When must you issue an invoice to a customer?: An invoice is issued as soon as money is received from a customer, whether a partial deposit or the final payment.
How must invoices (receipts) be numbered?: Receipts are pre-numbered and used consecutively; a copy is kept in numerical order for inspection.
Which of these must appear on the invoice?: The invoice shows, among other things, the amount and percentage of the contribution to the travel agency clients' compensation fund (FICAV).
Besides the travellers' names, whose name must appear on the invoice?: The invoicing guide requires the first and last name of the travel counsellor who closed the sale.
What statement about the money received must appear on the invoice?: The receipt states that the funds are received in trust, except for certain exempt restricted-licence holders.
Where must the prescribed FICAV statement appear on the invoice?: The FICAV statement (paid but unreceived services may be refunded by the Fund administered by the Office) appears close to the amount received and the balance due.
What must the receipt state about the services corresponding to the funds received?: Section 18(2)(d) requires a description of the services corresponding to the funds. A vague reference is not automatically sufficient; the customer should be able to identify what was bought.
What legal role can the invoice play?: A detailed receipt can also document the service contract’s terms. Civil Code art. 2098 defines that contract, but merely issuing an invoice does not establish compliance with every contract or distance-sales requirement.
When must the refund conditions be given to the customer in writing?: Refund or non-refund conditions are given in writing before accepting a deposit, unless they appear in a brochure given to the customer.
A business traveller books by phone two days before departure. How may the refund conditions be given?: The conditions may be given verbally if the services are requested less than seven days before they are provided and the sale is not made in the presence of the agent or a representative.
The refund conditions are in the tour operator's brochure given to the customer. Must they be repeated in writing?: The duty to give the conditions in writing does not apply if they appear in a brochure given to the customer.
How are a package's airport fees treated?: OPC’s current calculation page includes airport and airline fees in the tourism-service contribution base. Calculation and invoice display are separate from the current rebate, which offsets net collection from the customer.

The FICAV contribution

Statutory schedule versus current rebate, displaying calculation and offset, base, collection conditions and exemptions.

Practise The FICAV contribution questions Flashcards Official chapter

The FICAV contribution

Outside a rebate period or exemption, who bears the FICAV contribution under the regulation?: It is the customer’s contribution, collected by the agent dealing directly with them. OPC currently describes an offsetting rebate since January 1, 2024; calculation and display do not imply a current net charge.
When a contribution must be collected, which agent collects it from the customer?: The agent dealing directly with the customer collects it when required. During the s. 39.01 rebate, s. 40 exempts collection and the report, subject to the specified transitional requirements.
What does the FICAV contribution rate depend on?: The rate depends on the Fund's accumulated surplus at the previous March 31: 0.35% up to $75M, 0.20% up to $100M, 0.10% above $100M.
Under the statutory schedule outside a rebate, what rate corresponds to surplus above $75M and no more than $100M?: This band uses 0.20%. Exactly $75M belongs to the preceding 0.35% band. Rebate rules are separate; this question does not claim that the rate is currently being collected.
When does a change in the contribution rate take effect?: A change in the percentage takes effect on January 1 of the year after the financial statements showing the March 31 surplus are filed.
From what accumulated surplus do customers get a rebate of the contribution?: The statutory trigger is surplus of at least $125M in the March 31 financial statements. The rebate takes effect on January 1 after those statements are filed; it does not simply end whenever the balance drops below $125M, because the regulation sets a separate resumption threshold.
During a rebate period, what must the invoice show?: The invoice shows the contribution calculated at 0.10%, then, on the next line, the words "Remise applicable" and an equal rebate.
Which of these amounts is excluded from the FICAV contribution base?: The contribution is calculated on tourist services before taxes. Insurance, agency service fees and accessories are excluded.
Is the FICAV contribution calculated before or after GST and QST?: The percentage applies to the total tourist services, before GST and QST.
Outside a rebate, an agency’s financial statements show $3M in subject sales. What ordinary remittance frequency does s. 40 prescribe?: At this level remittance is semiannual, by the last day of the month after the financial half-year. It becomes quarterly above $5M according to the prescribed records. Rebate and business-closure provisions are separate.
When contributions are actually collected and remitted under s. 40, what percentage is deducted as management fees?: Section 40 provides 5% of collected contributions. This does not authorize arbitrary extra customer charges or net collection during the current rebate.
Which category may use the s. 39.1 exemption after obtaining a certificate and providing its copy before contracting?: The section identifies missions, organizations and certain employees meeting several conditions. Foreign status alone is insufficient. The certificate and pre-contract copy are required, and the exemption also affects Fund eligibility.

Security bond and FICAV compensation

Conditional security and FICAV claims, supplier default, unused services and a collective ceiling without a guaranteed minimum payment.

Practise Security bond and FICAV compensation questions Flashcards Official chapter

Security bond and FICAV compensation

Who must provide the individual security required with a general licence?: The security (bond) must accompany the general licence; the travel agent provides it.
A customer holds a final judgment, not one by acquiescence, concerning the agency mandate. What does s. 28(a) exclude from security coverage?: Within its conditions, s. 28(a) covers capital, interest and costs but excludes punitive damages. Not every judgment is automatically payable: finality, basis, mandate and other requirements still matter.
The agency closes before its customers leave. What can its security be used for?: Section 28(b) concerns paid services not yet provided on business cessation. The claim must be liquidated and accepted as compliant by the president or provisional administrator; this is not automatic payment of every demand.
When does the FICAV step in for an agency that has ceased business?: The FICAV compensates or refunds customers, or pays for their departure or repatriation, if the agent's individual security is insufficient.
An airline goes bankrupt after the customer paid the agency in full. Can the FICAV step in even though the agency is solvent?: A supplier default may engage the Fund even if the agency is solvent. Act s. 30.4 includes compliant transfer of funds and distinguishes recovery of paid sums from compensation for harm. Regulatory conditions and evidence still apply.
A supplier default prevents use of four nights of a paid seven-night related service. Under s. 43.7(b), how is that related service’s refund assessed?: For the partly used related service, s. 43.7(b) provides a refund proportional to the unused part, subject to the applicable conditions. It does not promise a full refund for services already used.
After the purchase, the Government of Canada issues an official advisory to avoid all travel to the destination. How does the Regulation classify this?: An official advisory from a Canadian authority to avoid all travel, or all non-essential travel, issued after the purchase is a cause beyond the customer's control that may lead to a refund from the Fund.
After a supplier default, what living and lodging costs may the president refund?: The Regulation allows reasonable living and lodging costs to be refunded up to a daily maximum per person set and indexed by regulation.
Customers are stranded at their destination after a supplier defaults. What can the president do?: The president can mandate a travel agent or supplier and pay it directly the reasonable cost of the departure or repatriation the circumstances require.
An agency refunds its customers itself after a tour operator defaults. Can the Fund reimburse the agency?: The president may reimburse the agent for reasonable amounts refunded or spent for its customer, with proof, provided it is not otherwise paid or reimbursed.
How is the s. 43.3 overall per-event ceiling calculated, without confusing it with a guaranteed minimum payment?: This is a collective per-event ceiling based on the preceding March 31 surplus, with a $30M floor for that ceiling. It does not promise at least $30M in actual payments or an amount for each traveller.
How does the president assess costs claimed from the Fund?: The president considers that the claimant may not be unjustly enriched and must minimize the damage.

Advertising rules

The licence statement, showing the total cost, taxes and the FICAV contribution, required details in written ads, transactional websites and prohibited claims.

Practise Advertising rules questions Flashcards Official chapter

Advertising rules

What statement must appear in every travel agent's advertising?: All travel agent advertising must state, with the words "titulaire d'un permis du Québec", that the agent holds a licence.
A printed ad shows a base price that does not include all charges. How must the total cost be shown?: The total cost must stand out more clearly; in writing, its type is at least twice the size of any other cost.
Which taxes does OPC’s current advertising page allow outside the advertised price if that exclusion is disclosed?: OPC identifies GST and QST as disclosed exclusions. Mandatory charges remain included. FICAV currently has an offsetting rebate and should not become an extra net charge to the customer.
Under the text of Regulation s. 14.1, how is the FICAV rate expressed if its cost is excluded from an advertised price?: Section 14.1 specifies a dollar expression and typography for written advertising. Read that statutory mechanism alongside the current rebate; it does not authorize a net charge currently offset by that rebate.
What minimum type does the Regulation require for written information on taxes and the contribution?: In written ads, the information on including or excluding taxes and the contribution is set in Helvetica of at least 10 points.
Which of these must appear in a written ad for a package?: A written ad lists the transport, lodging and meal services included, the airline planned at the time of publication and the length of the trip.
A printed ad shows a package at $1,899. What other information is required?: A written ad states the period during which the trip can be bought at the advertised price.
A transactional website gives no purchase period for its prices. When is that allowed?: The purchase period can be omitted on a transactional site if the prescribed notice (prices valid during one session) appears in a clear box on the home page.
Which of these statements is prohibited in travel advertising?: OPC’s current advertising page prohibits this statement. Post-contract changes have specific conditions; a generic ad phrase does not remove those conditions or advertised-price duties.
For an advertisement saying from $999, which condition remains necessary?: The price must not be fictitious. Applicable quantity limits and material facts such as occupancy must also be disclosed. Availability alone does not waive the other advertising requirements.
A package price assumes four people sharing the room. Which information must not be omitted under OPC’s advertising guidance?: Occupancy is material to comparing prices. OPC’s advertising page expressly uses quadruple occupancy as an example of information that must be disclosed.
An agency repeats a false hotel description in its own ad. Can it dismiss every obligation solely because the tour operator wrote it?: Section 41 binds a merchant through its statements or advertisements. Repeating a description does not erase that duty. Actual remedies and liabilities depend on the facts; this is not proof of automatic joint liability in every case.

Price changes, documents and cancellation

When a price may rise after the sale, the 7 per cent right to refuse, delivering travel documents, cancellation notice and force majeure.

Practise Price changes, documents and cancellation questions Flashcards Official chapter

Price changes, documents and cancellation

Outside the specified distance-communication exceptions, what formal prerequisite accompanies the lawful grounds for a post-contract price increase?: The prescribed clause and pre-contract oral and written information are required. Written and oral distance contracts have specific adaptations. A clause alone does not justify an arbitrary increase.
Which of these can justify raising a package price?: Only a carrier-imposed fuel surcharge or a large enough rise in the exchange rate can justify an increase.
The Mexican peso has risen 4% since the contract was signed, measured 45 days before the service. Can the agent raise the price for that reason?: The exchange rate applicable 45 days before the service must have risen by more than 5% since the contract date.
What must the s. 13.2 clause prohibit in the 30 days before the services are to be provided?: The clause must prohibit a price increase during this period. A carrier fuel surcharge does not override the timing condition or the clause’s other safeguards.
A tour sold for $1,700 goes up $136 (8%) because of a fuel surcharge. What right does the customer have?: If the increase, excluding taxes, is 7% or more of the price, the customer may choose between a full, immediate refund and similar services.
When calculating the 7% threshold, what must be left out of the increase?: The 7% threshold is calculated without counting any increase in QST or GST.
For an oral distance contract, what adaptation replaces prior written disclosure of the price-change clause?: The exception to prior written information requires transmission of the contract within 15 days after conclusion. It does not remove prior oral information or the prescribed grounds, thresholds and timing.
A customer books by email. Must the customer also be told about the price-change clause orally?: For a written distance contract, exemption from oral information depends on expressly bringing the clause’s content to the customer’s attention. A barely visible link is not automatically compliance.
At the latest, when must the agent give the customer the travel documents?: The necessary documents (tickets, including a prepaid return, vouchers, itinerary) are given at least seven days before departure.
A customer books five days before departure. When must the documents be given?: If the services are requested less than seven days before departure, the documents must be given before the trip begins.
Except in force majeure, what notice must the agent give if it cancels a trip?: Except in force majeure, an agent may not cancel a trip without giving the customer at least seven days' notice.
Which characteristics define force majeure in Civil Code art. 1470?: The provision requires unforeseeability and irresistibility. A strike or incident is not automatically force majeure; facts, the relevant timing and any specific undertaking to repair harm matter.

The Consumer Protection Act

How the Consumer Protection Act applies to travel: interpretation, advertising and representations, joint liability, distance contracts and chargebacks.

Practise The Consumer Protection Act questions Flashcards Official chapter

The Consumer Protection Act

Which contracts does the Consumer Protection Act apply to?: Section 2 addresses consumer–merchant contracts for goods or services in the business. Statutory definitions and exceptions still apply; merely calling a document a contract does not establish its scope.
A clause in a travel contract is ambiguous. How must it be interpreted?: In case of doubt or ambiguity, the contract is interpreted in the consumer's favour.
The package hotel lacks the pool shown in the ad. Which CPA rule is at issue?: Under CPA s. 41, the goods or services provided must conform to the statements or advertising made about them.
A travel contract releases the merchant from consequences of its own act or its representative’s act. What does CPA s. 10 provide?: Section 10 prohibits a clause releasing the merchant from consequences of its own act or its representative’s act. This differs from the factual question of available remedies against each supplier.
Which of these is a distance contract?: A distance contract is made without the merchant and customer being in the same place, for example by phone or online.
Which of these must be given to the customer BEFORE a distance contract is made?: Before a distance contract, the agent gives, among other things, the agency's contact details, a description of the services, a price breakdown, the total price, payment terms and cancellation conditions.
A package sold online is payable in euros. What must be stated before the contract is made?: If payment is required in a currency other than Canadian dollars, the currency must be stated before the distance contract is made.
In distance-sale price disclosure, which FICAV element must be explained alongside the current rebate?: Required charges and statutory amounts must be disclosed. OPC currently requires the FICAV calculation with an equal offsetting rebate, so the calculation line does not justify an extra net contribution.
A package offer is made in writing on a website. What must the customer be able to do?: If the offer is written, for example on a website, the customer must be able to save and print the required information.
Before a customer confirms an online purchase, what must the site let the customer do?: The merchant must let the consumer expressly accept or decline the proposal and correct any errors.
After valid cancellation of a credit-card distance contract, the merchant defaults on the statutory refund. What mechanism can be requested under s. 54.14?: The written chargeback request follows the refund default under s. 54.13, within 60 days after that default, with the required information. Non-delivery alone does not automatically establish every chargeback claim.
Under the CPA, which advertising is specially regulated?: Section 248 prohibits commercial advertising directed at children under thirteen, subject to regulatory exceptions. Section 249 addresses context. It is not a rule based merely on the weekday or agency age.

Duties to customers and travel insurance

Obligations of means and result, choosing suppliers, assistance, information, conformity, civil versus penal liability, airline liability and selling travel insurance.

Practise Duties to customers and travel insurance questions Flashcards Official chapter

Duties to customers and travel insurance

What is the difference between an obligation of means and an obligation of result?: Prudence and diligence describe the required effort; a result obligation concerns the applicable defined result. Article 2100 states the force-majeure defence where a result is owed. The service’s nature and the contract must be examined.
A counsellor sells a hotel he knows is dirty and poorly rated without warning the customer. Which obligation is at issue?: Article 2100 requires prudence, diligence and attention to the client’s interests. Knowingly withholding a material problem engages those duties. Liability and damages do not automatically follow from a poor online rating.
An agency promises to arrange reachable assistance at the destination. What duty does that promise engage?: The agreed assistance must be honoured with prudence and diligence. Scope depends on the service and contract; every travel sale does not automatically include unlimited personal accompaniment.
A customer is going to a country that requires a visa. Which duty requires telling the customer?: Relevant information about required documents is part of prudent service. Check current requirements for the traveller with the competent authorities; do not promise a visa or guaranteed admission.
The customer paid for an ocean-view room and gets one facing the parking lot. Which obligation is breached?: The obligation of conformity requires the service provided to match what was sold in the contract.
What distinguishes civil liability from penal liability?: Civil liability leads to damages to repair harm; penal liability leads to fines for breaking the law.
Where the Montreal Convention applies, which defence concerning delay damage appears in article 19?: The carrier may establish that it and its servants or agents took all reasonably required measures to avoid the damage, or that taking them was impossible. Other conditions and limits remain separate from the Canadian APPR.
When selling travel insurance, when must you disclose your remuneration to the customer?: The distributor must disclose the remuneration received for the sale when it exceeds 30% of the product's cost.
A customer fills out a medical questionnaire for travel insurance. What may the counsellor do with that information?: Sections 437 and 35–36 apply the adapted medical/lifestyle-information rules to distributors: insurer-only transmission, no retained copy and confidentiality. The counsellor gains no right to reuse the information for marketing.
Which of these is a duty of a counsellor selling travel insurance?: The distributor describes the product, points out exclusions, explains the claim procedure and deadline, and puts no pressure on the customer.
Which body oversees the law governing the sale of travel insurance?: The Autorité des marchés financiers oversees the Act respecting the distribution of financial products and services, which governs selling travel insurance.
Which authority publishes Canadian APPR information to check passenger rights after a flight delay or cancellation?: The Canadian Transportation Agency publishes passenger-protection rules. Rights depend on the circumstances and scope; every cancellation does not automatically entitle the passenger to monetary compensation.

Written in our own words from: Laws and regulations applicable to the travel industry — fourth edition

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