Application for Ex Gratia Payment from TICF
Protection under the TICF and the relevant legal provisions
i. Scope of protection under the TICF
The Travel Industry Compensation
Fund (TICF) provides protection to outbound
travellers who may claim:
| (a) |
up to 90% of the outbound fare paid if a licensed travel agent patronized defaults; and |
| (b) |
up to a maximum amount of $300,000 as financial relief in case of death or injury caused by an accident abroad in an activity of an outbound package tour provided or organized by a licensed travel agent under the Package Tour Accident Contingency Fund Scheme, subject to the maximum limit for each item: |
| Medical expenses incurred in the
place of accident outside Hong Kong |
up to HK$100,000 |
| Expenses incurred in the place of accident outside Hong Kong for funeral or return of dead body/ashes to Hong Kong |
up to HK$100,000 |
| Expenses incurred by relatives of an outbound traveller for making compassionate visit to the place of accident |
up to HK$100,000
(HK$25,000 per relative) |
Under the Travel Agents Ordinance
(TAO) (Cap. 218), an outbound traveller
means a person who has paid to a travel agent at an
inclusive price for an outbound travel service comprising
any two or all of the following:
| |
(a) |
carriage (by land, sea or air transport) from Hong Kong to places outside Hong Kong; |
| |
(b) |
accommodation outside Hong Kong; |
| |
(c) |
arrangements for an activity outside Hong Kong. |
Please visit the Department of Justice's
Bilingual Laws Information System on Internet homepage
for details of the relevant provisions, including
section
32A of the TAO and
the
Travel Industry Compensation Fund (Amount of Ex gratia
Payments and Financial Penalty) Rules (Cap. 218, sub.
leg. E).
ii. Examples not covered by protection under the TICF
As regards the protection against
loss of outbound fare, the following are examples
not covered by the TICF:
- Purchase of air or bus tickets alone; and
- Purchase of hotel accommodation alone.
As regards the Package Tour Accident Contingency Fund Scheme, the Scheme does not cover:
- Medical and hospitalization expenses arising from illness;
- Death or injury sustained whilst engaged in an activity which is not provided or organized by the travel agent concerned; and
- Accidents occurred in individual stay-behind activities.
iii. The requirement of travel agents to contribute to the TICF in respect of outbound fare
Travel agents are
required under
sections
32H and
32I
of the Travel Agents Ordinance to pay in the form
of levies an amount equivalent to 0.15% of each outbound
fare received respectively to the TICF and the
Travel
Industry Council of Hong Kong (i.e. a total of
0.3%).
(Note: The TICF levy has been suspended with effect from 3 July 2009. Starting from the same date, travel agents are only required to contribute the 0.15% Council levy.)
