A-10, r. 1 - Regulation respecting travel agents

Section 13.2 Disposition versions

2012-09-01

13.2. A travel agent who, in accordance with section 16.1 of the Regulation respecting the application of the Consumer Protection Act (chapter P-40.1, r. 3), wishes to change unilaterally the price of the tourist services provided for in a contract with a customer must

(a)  insert in the contract a clause providing for the following:

i.  the price for the tourist services sold may only be increased following the imposition of a surcharge on fuel by the carrier or an increase in the exchange rate, insofar as the exchange rate applicable 45 days before the date on which the services are provided has increased by more than 5% since the date on which the contract was entered into;

ii.  if the increase, without taking into account any increase in the Québec sales tax or Canada’s goods and services tax, is equal to or greater than 7% of the price of services, the customer may choose between full and immediate reimbursement of the services or the provision of similar services;

iii.  no price increase may occur within 30 days preceding the date on which the services must be provided;

(b)  inform the customer verbally and in writing, before entering into the contract, of the content of the clause.

Where a distance contract is entered into in writing, the travel agent is exempt from the obligation provided for in subparagraph b of the first paragraph to inform the customer verbally of the content of the clause provided the information is expressly brought to the customer’s attention.

Where a distance contract is entered into verbally, the travel agent is exempt from the obligation provided for in subparagraph b of the first paragraph to inform the customer in writing of the content of the clause provided the contract is sent to the customer within 15 days after the contract is entered into.

O.C. 496-2010, s. 17.