Travel agents providing
outbound travel services departing from
Hong Kong and inbound travel services
for visitors coming to Hong Kong are regulated
under the Travel Agents Ordinance. The
aim of the ordinance is to minimise the
occurrence of fraud and loss to travellers
in the event of defaults by outbound travel
agents, and to protect the interests of
visitors by enhancing the service standards
of inbound travel agents. The present
regulatory system is made up of two components:
a licensing system and a self-regulatory
mechanism by the trade.
The licensing function
is carried out by the Registrar of Travel
Agents appointed under the ordinance.
All travel agents providing outbound or
inbound travel services must be licensed
under the ordinance. Travel agents may
face suspension or revocation of their
licences if they are found to be operating
against the public interest. At year-end,
the number of licensed travel agents totalled
1 420.
The self-regulatory
function is performed by the Travel Industry
Council of Hong Kong (TIC), an approved
organisation under the ordinance. The
ordinance requires travel agents to become,
and remain, members of the TIC in order
to obtain and hold a licence. The TIC
sets and enforces codes of conduct and
issues directives from time to time to
regulate business operations. It also
handles public complaints about the services
of its members. Members who breach the
council's rules are subject to disciplinary
action.
A Travel Industry Compensation
Fund (TICF) has been set up under the
ordinance to provide ex gratia
compensation of up to 90 per cent of the
loss of tour fares to outbound travellers
in the event of a default by an outbound
travel agent. The TICF derives its income
from contributions from licensed travel
agents in the form of a levy on outbound
package tours and from investments and
bank interest. At year-end, the TICF had
a balance of about $420 million. During
the year, six cases of default on cessation
of business by travel agents occurred,
affecting about 773 travellers. The affected
travellers received a total of about $600
000 in ex gratia payment compensation
from the fund.
The TICF also provides
emergency financial assistance for outbound
travellers injured or killed in accidents
in the course of an activity arranged
or organised by a Hong Kong travel agent.
In 2005, six outbound tour group accidents
(involving two deaths and 79 cases of
injury) were reported. Payment under the
scheme amounted to about $19,000. A training and accreditation
system to ensure the service quality of
serving tourist guides has been developed
by the trade to complement the licensing
of inbound travel agents which took effect
on November 1, 2002. This system requires
serving tourist guides to attend specified
training courses, pass an examination
and obtain a Tourist Guide Pass before
they may work as tourist guides. With
effect from July 1, 2004, all travel agents
are required to assign only those tourist
guides possessing a valid Tourist Guide
Pass to receive visitors to Hong Kong. |