Check fine print before making bookings

Legislation does not allow for cooling-off period when buying travel services online

I impulsively purchased a packaged holiday online. As soon as I was booked and confirmed, I regretted making the booking, because I really cannot afford to go.

I went back online the next day and cancelled it to recover the money I spent.

I was subject to a 50-per-cent cancellation penalty. I thought there was a cooling-off period in Ontario for consumers when they make purchases.

Can you tell me if this would apply to my travel purchase?

Unfortunately, the consumer protection legislation in Ontario that you are referring to does not apply to the purchase of travel services.

Ontario’s Consumer Protection Act, 2002 does have provisions for a cooling-off period to protect consumers, however, it only applies when a consumer signs a contract in circumstances such as door-to-door sales, a fitness club or gym membership or signing a contract in relation to a time-share agreement. This legislation does not apply to the travel purchase you made online for a packaged holiday from a tour operator.

Although the travel industry in Ontario is regulated, and there is consumer protection legislation found in Ontario’s Travel Industry Act, 2002 and Ontario Regulation 26/05, in the circumstances you have described, you would be subject to the tour operator’s terms and conditions.

During the online booking process, the terms and conditions should have been brought to your attention.

You would likely have been prompted to acknowledge and indicate your acceptance of those terms and conditions prior to continuing with the booking process, which included entering your credit card payment.

You could approach the travel agency or tour operator’s customer service department to explain your circumstances and ask whether they would be willing to provide you with some form of concession or gesture of goodwill.

However, keep in mind that the travel company is not obligated to do so as you did complete the booking process and agree to the terms and conditions that were disclosed to you.

DREAMSTIME It’s very easy to be left barking mad if you book a holiday online that you later wish to cancel. In such circumstances, you can only plead your case for a refund directly with your tour operator or travel agent.