Toronto, 30 April 2009: ARTA Canada called today for tour operators which have cancelled operations to Mexico due to swine flu concerns to honour their standard published terms and conditions for providing affected passengers with the option for a full refund. While ARTA Canada is completely empathetic to and understands the reasons why trips have been cancelled by travel wholesalers and tour operators, there is no legal basis to force consumers into choosing between alternative destinations or date-limited travel rebooking.
“With the industry already reeling from the aftermath of the Conquest failure, travel retailers cannot afford to sustain customer wrath because certain tour operators haven’t the common sense to give a consumer his money back when the tour company voluntarily terminates a tour offering prior to departure. While we are fully empathetic to and support the tour operators’ cancellation decision, this should not be a license to hold the customer’s payment hostage to an alternative trip if none is wanted by the traveller”, said Bruce Bishins, CTC, ARTA Canada president.
ARTA Canada is concerned that consumer travel protection in Ontario through TICO would mandate the option for a complete refund in less impactful situations like delays in excess of 24 hours and changes to accommodations or cruise ships. It is inconceivable that an outright cancellation is not similarly protected.
“This is yet another reason why travel consumer legislation and regulations need a complete review and overhaul. Most all tour operator terms and conditions, which TICO had suggested be consulted, allow for a complete refund if the tour operator cancels the journey. Why should cancellations due to swine flu be treated any differently?”, added Bishins.
ARTA Canada asks that tour operators and travel wholesalers provide the option for a prompt and complete refund if the contracted and paid journey has been cancelled. Travel retailers whose request for refund on behalf of a consumer is denied should contact ARTA Canada.
