MISSISSAUGA — TICO has released guidelines for travellers impacted by the situation in Mexico’s Jalisco state.

The advisory, released last night on Feb. 23, followed two days of cartel violence in Jalisco, largely impacting Puerto Vallarta as well as Guadalajara. Airlines, including Air Canada, Air Transat, WestJet and Porter Airlines, started cancelling flights in and out of PVR on Feb. 22. All four airlines now say they will resume flights to PVR starting today, Feb. 24. 

TICO continues to monitor the situation and notes the importance of travel advisors during travel disruptions.

“Travel advisors are an essential partner in helping consumers navigate an increasingly complex travel landscape. With the industry once again facing challenges, including those affecting travel to parts of Mexico, advisors continue to provide critical guidance on consumer protection and making adjustments when plans are disrupted,” said TICO CEO Richard Smart.

For TICO registrants with travellers currently in destination, the following guidelines are recommended:

• Safety is the top priority. Travellers are encouraged to shelter-in-place and follow all instructions from local authorities.

• Under section 40 of the Regulation, the timing of a scheduled departure can be delayed or advanced by more than 24 hours when there is a safety consideration. Consumers must be notified on a timely basis.
• Encourage travellers to stay in close contact with the airline, tour operator, or travel agency for the latest operational updates. 
  
• Travellers should register with the Government of Canada’s Registration of Canadians Abroad service so officials can get in touch with important information, and continue to review the Government of Canada’s latest travel advisories for Mexico.

• Travellers should contact their travel insurance provider, if applicable, to understand what coverage is available.

For registrants with travellers whose southbound flights to affected areas were cancelled (packaged travel):

• TICO notes that 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 (ie. flight to destination), 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.
• Review section 46 of the Travel Industry Act, 2002, here.

For registrants with travellers with future bookings:

• Where suppliers continue to deliver services, customers remain subject to the booking’s terms and conditions, including any applicable change or cancellation penalties.

• While some suppliers may choose to offer a goodwill gesture to their customers, registrants should consider all their contractual and legal obligations in determining how to address the situation.

• Review section 36 of the Travel Industry Act, 2002, here.

Advising customers on purchase decisions and changing conditions:

Registrants are required to warn customers of the evolving nature of conditions in parts of Mexico. 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.  

TICO encourages registrants to continue checking the Government of Canada’s Mexico travel advisory regularly, as the situation may change.

Review section 36(a) of the Travel Industry Act, 2002, here. 

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 (ie. details from an advertisement or brochure) that may have influenced their purchase decision, the registrant must promptly inform the customer.

Review section 37 of the Travel Industry Act, 2002, here.

Registrants are encouraged to monitor supplier websites for the latest updates on service availability and goodwill gestures.

For potential compensation and regulations for air-only cancellations and delays, advisors and passengers should refer to the Canadian Transportation Agency’s Air Passenger Protection Regulations.

For questions, email tico@tico.ca or call 1-888-451-8426.