对于旅游诈骗, 如何投诉, 如何索赔 ?
本帖最后由 万山红遍 于 2013-7-15 17:38 编辑最近遭遇一起旅游诈骗, 半个月了, 本金都还没退, 更没有消息, 打算走投诉一条路. 发个贴子在这里, 记录走过的路. 是好是歹, 给大家一个sample. 下周没消息将披露这家公司的名字.
我在六月二十六日, 和某旅游公司签定了七月一日早晨6:30出发的旅游合同并交了钱, 结果我们一家老小四个人, 上至70多岁老人, 下至10几岁的孩子, 在瑟瑟冷风中于6:10到达指定地点. 等到7:00, 没有一个人, 没有一个通知, 好像一切都没有发生, 实际上根本就没有这么一个团!
7月2日, 我去找了该公司, 该公司说经理不在, 说下周一定答复; 一周过去了, 我去问, 说经理刚知道情况, 会尽快答复, 又好几天过去了, 还是没消息.
请教一下, 该如何投诉, 如何索赔? 本帖最后由 万山红遍 于 2013-7-15 17:52 编辑
回复 1# 万山红遍
TICO全称Travel Industry Council of Ontario，即安省旅游行业委员会，她是安省旅游服务的监管机构，也是旅游行业消费者的维权服务中心。安省法律规定，所有在安省从事旅游行业的机构，必须在TICO注册，并交纳保证金。找TICO有几个步骤：
1】 上TICO查询改旅行社是否注册
http://tico.asicanada.net/source/custom/search.cfmhttp://tico.asicanada.net/source/custom/search.cfm
如果查询没有，为保险起见，可以致电1-888-451-TICO (8426) 进一步核实。如果对方售卖机票，却没有在TICO注册，属违法行为，将受到TICO制裁。
另注意，注册是要每年Renew的，有些旅行社打出TICO注册的招牌，要注意是否前一年注册过，今年已经并没有Renew，已丧失牌照。打TICO注册牌照无意义，因为法律规定，安省任何旅行社都必须在TICO注册。
2】通过邮件或致电，向TICO服务人员汇报你在旅行社的遭遇。TICO会要求你通过email提交你发票、合同、出票单等，在他们简单审核后，任何属于他们管辖的，即会向你发出一个投诉表。
3】你可以在线填写投诉表，或者打印下来投诉表填写完成，将所有收据、合同、出票等复印，提交给TICO。你可以通过邮寄的方式，也可以传真，发电子邮件，其中任意一种提交。
TICO将尽快协助你处理，解决你与旅行社之间的纠纷。由于TICO是旅行社的发牌机构，对旅行社具有足够的威慑，如果旅行社第二年Renew通不过，就沦为非法旅游服务机构。同时请注意，TICO并非仲裁机构，不会判定谁对谁错，谁胜谁负，而是达到一个双方都能接受，尽可能让消费者满意的解决方案。
由于华人消费者普遍比较”善良“，TICO收到的投诉并不会太多，所以我们需要在网上网下，把口碑好的旅行社突显出来，把“黑中介”旅行社公示，大家把自己不愉快的遭遇贴出来，以免后来者上当受骗。
当然也要养成维权习惯，遇到了，交涉未果，向TICO投诉！ 回复 2# 万山红遍
http://www.tico.ca/consumer-info/complaints.html#rolecomplaints
TICO Complaint Handling Process
Tell Us About Your Complaint:
If you are not sure of the obligations of the travel agent or wholesalers, you can call TICO and speak with one of our Complaints Officers. They can provide you with information about the Travel Industry Act, 2002 that may assist you in determining what your next steps might be.
Initiating a Formal Complaint:
If you have attempted to resolve your complaint by contacting your travel retailer or travel wholesaler, and after speaking with our Complaints Officers you would like to submit a formal complaint, TICO will send you a Complaint Form. You then need to complete the Complaint Form in full and return it to TICO with all supporting documentation.
Investigating Your Complaint:
Once we know your concerns, we can begin looking into your complaint. In most cases, TICO will contact your travel agent or the wholesaler you dealt with about your complaint and ask him or her to respond to us. We will then tell you what he or she said in reply. As well, TICO will review all information received to determine if regulatory action is needed.
When TICO receives a complaint, it may be resolved in anywhere from a few hours over the telephone to a few weeks or months for a formal written complaint.The length of time varies depending on the complexity of the issues, the availability of information and documentation and the level of cooperation of those involved.
Where possible, TICO will try to assist both you and the company involved in reaching a settlement that is satisfactory to both parties. Should a satisfactory outcome not be reached, you may wish to seek legal counsel and/or pursue your complaint through the legal system.
Resolution of a Complaint:
Once a complaint has been resolved or it has been determined that a mutual settlement between the parties is not possible, TICO will close its complaint file.
Should TICO not be successful in assisting you to reach an acceptable solution, you have the option of seeking legal counsel and pursuing the matter through the legal system. TICO’s complaint’s process does involve a review of all the information and documentation received against the provisions under the Travel Industry Act, 2002 and Ontario Regulation 26/05 to ascertain whether there has been a contravention of the legislation by the travel retailer or travel wholesaler involved. Any possible infractions are referred to TICO’s Compliance Department for further review based on the information provided. The purpose of this referral is to enable TICO’s compliance staff to review the file to determine whether there has been any non-compliance with the Travel Industry Act, 2002 and/or Ontario Regulation 26/05 and that such referrals are therefore not directed at obtaining compensation for specific complaints, but for the purpose of enforcing the legislation.
Any administrative action that may be taken in relation to TICO’s enforcement of the Act and Regulation is between TICO and the travel retailer or travel wholesaler involved. Where appropriate, TICO does require the registrant to initiate corrective measures in an effort to prevent similar situations from affecting future travelers.Any such action or measures taken by the Registrar would be dealt with separately from assisting with the resolution of the complaint. Information provided by consumers is helpful to the Travel Registrar in enforcing and administering the Travel Industry Act, 2002 and Ontario Regulation 26/05.
Compensation for Problems Experienced:
TICO does not have the authority to force or compel a registrant to provide compensation. TICO does not have the authority or mandate to act as an arbitrator or to impose a settlement in any complaint matter. Consumers that remain dissatisfied may consider discussing the issue with legal counsel and pursuing the matter through the legal system.
It should be noted that the Compensation Fund does not reimburse consumers on the basis of dissatisfaction with travel services that were received or to provide compensation for customer service issues.For more information about the Compensation Fund and its coverage – click here.
Dissatisfaction with TICO’s Handling of a Complaint:
TICO will strive to reach an equitable resolution acceptable to all parties involved; however, TICO’s power is limited as it does not have the authority to force or compel its registrants to provide a reimbursement or compensation and it cannot act as an arbitrator in any complaint matter.The purpose and function of TICO’s complaints process is to assist consumers with complaints against Ontario travel retailers and travel wholesalers and to work towards reaching an equitable resolution for the consumer.In some cases, TICO is successful in reaching a mutually acceptable resolution; however, this is not always possible.Where appropriate, TICO does require the registrant to initiate corrective measures in an effort to prevent similar situations from affecting future travelers.Any action taken by the Registrar is dealt with separately from assisting with resolution of the complaint.
However, if you remain dissatisfied with TICO’s handling of your complaint, you may proceed to TICO’s Complaints Committee, whose responsibility is to review the manner in which your complaint was handled by TICO staff and to determine if further action is necessary.If you wish the Complaints Committee to review TICO’s handling of your complaint, please contact TICO’s Complaints Department with your request.
TICO’s Complaints Department is here to assist you with any questions.
Click here to request a TICO Complaint Form
Additional Useful Information about Complaints
When you have a complaint against an Ontario travel agency and/or tour operator:
TICO will address a complaint only after the consumer has made an attempt to resolve the matter directly with the travel agency and/or travel wholesaler.TICO recommends that you put your complaint in writing to the travel company involved, explain why you are not satisfied and explain how the matter could be resolved to your satisfaction.
If you remain dissatisfied with the company’s response, then you have the option of filing a written complaint through TICO.
Examples of some complaint issues with which TICO can assist:
I was denied boarding for my flight or cruise because I was not advised by my travel agent of the proper travel documentation.
I did not receive an invoice/receipt from my travel agency after booking and making a payment for travel services.
My invoice did not contain the Terms and Conditions of my booking.
My travel agent charged me a counseling/service fee that was never brought to my attention prior to completing my booking.
I was not advised at the time of booking of any fees or penalties for making changes or cancelling my travel services.
My travel agent did not advise me of the availability of trip cancellation or out-of-province health insurance.
My hotel or cruise ship was changed without notice.
My flight departure time was delayed or advanced by more than 24 hours.
My hotel did not supply all the amenities that were advertised by the tour operator in their brochure or on their website when I booked.
I have a question about a price increase.
Examples of complaint issues with which TICO cannot assist:
While the problems listed below may be valid, they are unfortunately outside the scope of the legislation:
Dissatisfaction with the customer service provided by my travel agent.
My hotel in destination was not up to my expectations with regards to food, cleanliness and the customer service provided by hotel staff.
The hotel is advertised as a 5 star property but I feel it is no more than a 3 star property.
I experienced customer service issues while in destination.
I decided to cancel my vacation due to a hurricane and I want a refund.
I made a booking last week and now the price has dropped.
TICO recommends that consumers keep in mind that different living standards exist outside Canada and there is not an international standard for rating hotels.You may always contact TICO’s Complaints Department to see if your issues fall within our jurisdiction.
Requests for information regarding complaints against a particular travel company:
TICO’s records in relation to the administration and enforcement of the Act and Regulation are confidential and details of any complaints can not be released to the public.TICO will confirm whether or not a travel company is properly registered with TICO as required under the Travel Industry Act, 2002 to operate and sell travel services in the Province of Ontario.
Administrative action against a travel agency or travel wholesaler by TICO:
TICO examines all complaints to see if there has been a breach of the Travel Industry Act, 2002 and/or Ontario Regulation 26/05.When a complaint involves allegations of non-compliance with the Act, the Registrar will undertake the necessary compliance and enforcement activities. TICO will require the registered travel company involved to initiate corrective measures in an effort to prevent similar situations from affecting future travelers. Any compliance activity is dealt with separately from assisting with resolution of the complaint. Any compliance or enforcement related activities conducted by TICO are confidential and are between the travel agency and/or travel wholesaler and TICO.
Complaints against an Airline:
Airlines are not covered by provincial travel legislation. They are federally regulated. You can contact the Canadian Transportation Agency (CTA) to obtain assistance with airline problems.
Canadian Air Transportation Agency
Air Travel Complaints Program
15 Eddy Street
Ottawa, Ontario K1A 0N9
www.cta.gc.ca
Tel: 1-(888) 222-2592
Complaints regarding bookings made with a travel company located outside of Ontario:
TICO’s jurisdiction is limited to travel retailers and travel wholesalers located and operating in Ontario. We have no authority with respect to travel companies operating outside of the province.With internet booking engines, it is increasingly possible to book with companies located anywhere in the world. Always look for the TICO registration number to ensure that you are dealing with a company that is registered in Ontario.
If you are unsure whether the company is registered with TICO, contact TICO at 1-888-451-TICO or go to TICO’s website at www.tico.ca to use TICO’s Travel Agency Search feature to find out if the company is registered.
Complaints in relation to timeshares and travel membership companies:
Travel timeshare and membership companies are not regulated under the Ontario Travel Industry Act, 2002. Therefore, TICO would not be able to assist you.For questions or concerns related to timeshare or membership companies you should contact:
Ministry of Consumer Services
www.sse.gov.on.ca
1 (800) 889-9768 另一投诉方式:
Better Business Bureau 加拿大消费者协会.
http://www.bbb.org/canada/
https://www.bbb.org/consumer-complaints/file-a-complaint/get-started
How do we handle your complaint?
Everything you submit will be forwarded to the business within two business days. The business will be asked to respond within 14 days, and if a response is not received, a second request will be made. You will be notified of the business’s response when we receive it (or notified that we received no response). Complaints are usually closed within 30 business days. 投诉是很麻烦，但做成了也可以改善心情。 对华人公司还是有点下不了手, 最后和旅游公司达成和解. 最近遭遇一起旅游诈骗, 半个月了, 本金都还没退, 更没有消息, 打算走投诉一条路. 发个贴子在这里, 记录走过的路. 是好是歹, 给大家一个sample. 下周没消息将披露这家公司的名字.
我在六月二十六日, 和某旅游公司签定了七月一日早晨6:30出发的旅游合同并交了钱, 结果我们一家老小四个人, 上至70多岁老人, 下至10几岁的孩子, 在瑟瑟冷风中于6:10到达指定地点. 等到7:00, 没有一个人, 没有一个通知, 好像一切都没有发生, 实际上根本就没有这么一个团!
7月2日, 我去找了该公司, 该公司说经理不在, 说下周一定答复; 一周过去了, 我去问, 说经理刚知道情况, 会尽快答复, 又好几天过去了, 还是没消息.
请教一下, 该如何投诉, 如何索赔?
万山红遍 发表于 2013-7-15 16:58 http://bbs.51.ca/images/common/back.gif
是不是pick up的地点错了？按理说，上车前一天，你会收到导游的电话确认的啊~~都没有么？ 回复 8# 草色新雨
pick up的地点没有错, 上车前一天，也没收到导游的电话确认, 真的都没有. 回复草色新雨
pick up的地点没有错, 上车前一天，也没收到导游的电话确认, 真的都没有.
万山红遍 发表于 2013-8-7 17:11 http://bbs.51.ca/images/common/back.gif
那可能根本就是漏单了，就是旅行社的人员疏忽了，根本没把你的报名单交给导游，所以导游没有给你电话~
我上次带我爸妈去蒙特利尔也是这样的，报名的时候说好是一个pick-up点，谁知后来导游电话打来，说那个点不接了，换了另外一个点~
所以要接到导游电话确认是最关键的~~不过你这个情况，旅行社起码要退钱啊~或者给你们重新安排~
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