4A CHAPTER 8
4A CHAPTER 8
Members:
Mallo, Joshua Aaron
Mangaya, Maricris Alcantara
Mateo, Krysstal Eden Nicolas
Melevo, Joseph Galamay
Table of Contents
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CHAPTER VIII: Laws Regulating Travel and Tour Services
Learning Objectives:
Understand the difference between a tour operator and a travel agency;
Enumerate the procedure in setting up a travel agency;
Identify the responsibilities of a legitimate travel agency of tour operator;
Find out the responsibilities of travel agencies and tour operators in the
Philippines;
Differentiate ethical from unethical practices by travel agencies and tour
operators; and
Give examples of issues, concerns, and problems travel agencies and
tour operators may have in the conduct of their business.
The laws regulating travel and tour services in this chapter involve
implementing rules and regulations by the Department of Tourism and
Supreme Court decisions which define the the nature of the business of
a travel agency and tour operator.
Under the Tourism Act 2009, travel and tour services which include
inbound travel agencies and tour operators, local tour operators and
tour guides are classified as Primary Tourism Enterprises. Accordingly,
Primary Tourism Enterprises shall be periodically required to obtain
accreditation from the DOT as the quality of mandatory for travel and tour
services.
The Law
Tour Operator shall mean an entity which either may be a
single proprietorship, partnership or corporation regularly engaged in the
business of extending to individuals or group, such services pertaining
to arrangements and bookings for transportation and/or
accommodation, handling and/or conduct of inbound tours whether
or not for a fee, commission, or any of the compensation.
Tour Guide shall mean an individual who guides tourists, both foreign
and domestic, for a fee, commission, or any other form of lawful remuneration.
Discussion of Law
A travel agency’s covenant with its customers is to make travel
arrangements in their behalf. A travel agency' s services include
procuring tickets and facilitating travel permits or visas as well as
booking customers for tours. The relation of a travel agency with respect to a
common carrier is that it merely acts as an agent of the common
carrier. Under Republic Act No. 8239, also known as the Philippine
Passport Act of 1996, renewal of application for the issuance of
passports may be filed by any licensed travel agency duly accredited by
the Department of Foreign Affairs, provided that the agent shall be
responsible for the authenticity of the supporting documents being
presented to meet the requirements for the application of passports.
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Application of the Law
1. Booking Services
Flights: Secure airline tickets, manage seat selections, and handle special
requests.
Accommodation: Reserve rooms, negotiate rates, and secure special
amenities.
Car Rentals: Arrange vehicle hire, manage bookings, and offer insurance
options.
2. Itinerary Planning
Customization: Tailor travel plans to individual or group preferences.
Logistics: Coordinate transport, accommodation, and activities for a
seamless experience.
3. Travel Consultation
Expert Advice: Provide recommendations on destinations, travel safety,
and legal requirements.
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Up-to-date Information: Offer the latest information on travel advisories
and regulations.
4. Customer Support
Assistance: Help with booking changes, cancellations, and emergencies.
24/7 Service: Many agencies offer round-the-clock support to handle
issues as they arise.
5. Group Travel Management
Coordination: Organize logistics for events like conferences, incentive
trips, and family reunions.
Negotiation: Secure group rates and benefits.
6. Marketing and Sales
Promotion: Market travel packages, seasonal deals, and exclusive offers.
Client Engagement: Utilize social media, email newsletters, and other
channels to attract customers.
2) Deciding the Name and Structure: After choosing the niche of your travel
agency, decide on a unique and memorable name for your business and get it
registered. Another step to take into consideration is your business structure.
Whether it is a large, medium, or small business, you need to decide on
options such as remaining a sole proprietor, having a partnership, or forming
a corporation.
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5) Hiring Qualified and Skilled Workforce: A travel agency is service-
oriented, and human resources is a core component of the total resources of
a travel agency. Therefore, it is essential to hire efficient personnel with
professional qualifications and skills. According to IATA or any other
recognized organizations, it is vital to have a minimum of two staff members
qualified from an approved tourism educational institution.
7) Managing Cash Flow: A travel agent not only needs the investment
capital to start a business but also needs continuous cash flow for day-to-day
business operations.Running out of cash despite your other assets will cause
the risk of business failure.
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III. ACCREDITATION OF TRAVEL AGENCIES AND TOUR OPERATORS
The Law
Section 2. Who May Apply for Accreditation. The following may apply for
accreditation as tour operator and travel agency:
a. A resident Filipino citizen.
b. A partnership organized under the laws of the Philippines, at least
60% of its capital being owned by Filipino citizens; and
c. Corporations organized under the laws of the Philippines, at least
60% of the subscribed common or voting shares of stocks of which is
owned by Filipino citizens and the composition of its Board of Directors
being at least 60% Filipinos.
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Section 4. Additional Requirements for Tour Operator Using a Motor Vehicle.
No tour operator shall use any motor vehicle while conducting tours or
transporting tourists unless such motor vehicle is accredited with the
department and sporting a tourist plate.
Section 5. Minimum Office Requirements. The tour operator shall comply with
the following office requirements:
a. It shall be located in a commercial district and not in a residential
district; and
b. It must be easily identifiable and shall be used exclusively for the
tour operation business.
Legal Issue: The central question was whether the Philippine Travel Bureau,
as an IATA-accredited agent, had the authority to make binding reservations
on behalf of KLM, and whether KLM was liable for the actions of its agent.
Court Decision: The court held that the Philippine Travel Bureau, being
accredited by IATA, was authorized to act as an agent for KLM.
Consequently, KLM was found liable for the damages caused by the bureau's
actions, as the agency relationship was established through the IATA
accreditation.
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A. Managerial Qualifier - a full-time person authorized to make
managerial decisions and exercise daily supervision of the location,
and who has had:
at least two (2) years full-time employment within the last ten (10) years
in a managerial position at an accredited agency or corporate travel
department or in a passenger air transportation sales capacity at an
airline; or
at least three (3) years full-time employment within the last ten (10)
years as a sales counselor at an accredited agency, or corporate travel
department or in a passenger air transportation sales capacity at an
airline; or
at least four (4) years full-time employment within the last ten (10)
years in a managerial position in a travel-related business (such as
hotel, cruise line, or tour operator) that offers travel services to the
general public.
B. Technical Qualifier -a full-time person who performs or supervises the
performance of all technical aspects of selling commercial air
transportation (ie, making reservations,issuing tickets, assigning seats,
generating other traffic documents, etc.). He must have at least:
one year full-time experience in this field within the last three years
at an accredited agency, or an airline, or a corporate travel
department; and
has successfully passed the Certified ARC Specialist (CAS) test
administered by the Airlines Reporting Corporation (ARC).
C. Premises
D. Financial
E. Capability
F. Security Standards
Legal Issue: The Spouses Lim filed a complaint against Gatchalian Travel
and Tours, claiming that the agency failed to fulfill its obligations as a travel
intermediary. They alleged that the agency was responsible for ensuring all
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arrangements were in place and that their experience would match what was
promised in the tour package. Gatchalian Travel and Tours argued that they
were merely intermediaries and were not liable for the issues that occurred
abroad.
Court Decision: The court ruled in favor of the Spouses Lim, stating that
Gatchalian Travel and Tours had a duty to ensure that the services paid for
were adequately arranged and provided. As an intermediary, the agency was
found responsible for exercising due diligence in verifying that all bookings
and arrangements were in order. This case underscored that travel
intermediaries have legal obligations to fulfill the services promised to
customers, even if they rely on third-party providers.
a. The owner of the business has been registered with IATAN for two (2) of
the past the (3)years and was eligible for an IATAN ID Card and earned at
least $20,000 in each of those two (2) years from the sale of travel and
travel-related services, or the business considered a "Home based
Travel Agency" (operating from your residence in accordance with local
and state laws) and the owner has invested or has committed to invest
minimum of $10,000 in the travel business; or the business has
been in operation for at least one (1) year immediately prior to
application and produced at least $20,000 in g-travel income or
$200,000 in gross travel sales in the previous twelve (12) months; or
the business has been in operation less than one (1) year and the
owner has invested or has committed to invest a minimum of $25,000
in the travel business;
b. That the gross travel income and gross travel sales represent no more than
15%personal travel (applicant and family); of
c. Proof of legal form of the business and of a business bank account;
d. Two (2) letters of recommendation from national and international industry
suppliers or from a national travel association;
e. Proof of the business listing in a telephone or equivalent directory, website
home page advertisement showing how customers could contact the
business;
f. Proof of a valid and relevant errors and omission insurance policy in the
name of the business;
g. Proof that the business and location are in compliance with all federal,
state, country and local laws, including but not limited to zoning, registration,
and business license;
h. Proof of Sellers of Travel State Registration;
i. Certification that there are no pending or unresolved complaints at the state
or local consumer affairs office; and
j. Personnel Qualifier - Each TSI location must be managed by a person who
devotes substantially all of his time to the affairs of the business and
has had at least two (2) years (reduced to one [1] year if the person
has successfully completed an undergraduate degree in travel and
tourism or has earned certification as a Certified Travel Counselor, a
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Certified Travel Industry Executive, or as a Certified Travel Associate)
full-time or equivalent experience within the last three (3) years in a
travel sales capacity at an accredited agency, corporate travel
department, airline, cruise line,hotel, car rental, railroad, bus company,
tour operator, or other travel-related business.
The Law
Section 9. Requirements for Issuance of Accreditation. An applicant for
accreditation as tour guide shall submit the following:
a. Proof that the applicant has passed a seminar for tour guides duly
conducted by the Department of Tourism or other agencies duly
authorized by the Department to conduct the seminar; provided,
however, that this requirement may be waived by the Department
where the applicant possesses special academic or professional
qualifications relevant to tourism;
b. Certificate of good health issued by any duly accredited government
physician.
c. Clearance from the National Bureau of Investigation; In the case of
alien applicants valid visa from the Bureau of Immigration and the
proper permit from the Dept. of Labor and Employment;
d. Mayor's permit/municipal license;
e. Latest Income Tax Return; and
f. Such other documents that the Department may require from time to
time.
Legal Opinion: Arturo needs to comply with the medical and mayor’s permit
requirements to pursue his career goals. Travel agencies are required to
exercise prudence and due diligence in their operations, although
extraordinary diligence is not necessary. Tour guides must anticipate and
attend to tourists’ needs, ensure provision of basic necessities, and arrange
for medical attention. Failure to exercise prudence and due diligence may
hold tour operators liable for damages caused to tourists due to
Amisrepresentations or incompetence.
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IV. RESPONSIBILITIES OF TRAVEL AGENCIES AND TOUR
OPERATORS IN THE PHILIPPINES
In the Philippines, travel agencies and tour operators play a crucial role
in promoting tourism and facilitating travel experiences for both local and
international visitors. Given the unique cultural, legal, and economic
landscape of the country, these business entities have specific
responsibilities. This report outlines their legal obligations, customer service
expectations, and ethical considerations within the Philippine context.
1. Legal Obligations
Insurance Requirements
Travel agencies should offer or recommend travel insurance to clients.
The Insurance Commission of the Philippines regulates this, and
agencies must ensure that customers are informed about the benefits
and options available to them.
Data Protection
Agencies must adhere to the Data Privacy Act of 2012, which
mandates the protection of personal information. This includes proper
collection, storage, and handling of client data.
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Clear Pricing Transparency
Agencies must ensure transparent pricing, detailing all costs involved
in travel services, including taxes and fees. This clarity is vital in
building trust with customers.
3. Ethical Considerations
Commitment to Sustainability
Travel agencies in the Philippines should promote sustainable tourism
practices. This includes supporting local businesses, minimizing
environmental impact, and encouraging eco-friendly activities.
Social Responsibility
Engaging in socially responsible practices is crucial. Travel agencies
can support local economies by sourcing services from local providers
and participating in community development initiatives.
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V. ETHICAL AND UNETHICAL PRACTICES IN TRAVEL AGENCIES AND
TOUR OPERATORS
Ethical practices in the travel industry are essential for building trust,
ensuring customer satisfaction, and promoting sustainable tourism.
Understanding the difference between ethical and unethical practices can
help travel agencies and tour operators maintain integrity and foster positive
relationships with clients and communities.
ETHICAL PRACTICES
Ethical practices refer to behaviors and actions that are morally right,
transparent, and respectful to customers, communities, and the environment.
These practices foster trust, enhance customer loyalty, and promote long-
term business success.
Transparency - being open and clear about all aspects of travel services,
including pricing, terms and conditions, and potential risks.
Example: Providing a detailed breakdown of costs for a travel package,
including taxes and additional fees, so customers know exactly what they are
paying for.
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UNETHICAL PRACTICES
Hidden Fees - charging additional fees that were not disclosed upfront,
leading to a lack of transparency.
Example: Advertising a vacation package at a low price but adding on
significant charges for taxes, service fees, or equipment rentals that
customers were not informed about initially.
The following are the common challenges faced by travel agencies and
tour operators.
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References
(a) https://www.traveltek.com/blog/tour-operator-vs-travel-agent/
(b) https://phfinance247.com/guide/step-by-step-guide-on-how-to-start-a-
travel-agency-in-the-philippines/
(c) https://www.slideshare.net/slideshow/travel-agency-and-tour-operations-
lecture/39068240
(d) https://www.asta.org/ASTA/Ethics_Compliance/ASTA/
Code_of_Ethics.aspx
(e) https://www.unwto.org/tourism-and-culture-global-perspective
(f) https://www.tourism.gov.ph
(g) https://www.officialgazette.gov.ph/2009/05/12/republic-act-no-9593/
(h) https://wttc.org
TOPIC QUIZ
a. 60%
b. 40%
c. 60%
d. 65%
ANSWER: C 60%
2. The history of travel agencies dates back to the ________ when Sir
Thomas Cook set up the world’s first travel agency.
a. 19th Century
b. 17th Century
c. 16th Century
d. 18th Century
ANSWER: D 18th Century
a. Premises
b. Technical Qualifier
c. Managerial Qualifier
d. Techniques Qualifier
ANSWER: B Technical Qualifier
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d. Travel Sales Intermediate (TSI)
ANSWER: C Travel Sales Intermediary (TSI)
5. The following are the list of some primary legal documents are needed
to start a new travel agency business, except:
a. Business License
b. Certificate of Incorporation
c. Online business policy
d. Minimum office space of 150 sq. ft
ANSWER: C Online business policy
a. False Advertising
b. Misinterpretation
c. Hidden Fees
d. Ignoring Customer Complaints
ANSWER: A False Advertising
a. Ethical practices
b. Ethnical practices
c. Unethical practices
d. Untechnical practices
ANSWER: C Unethical practices
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includes registration as a legitimate business entity and compliance with
regulations set forth by the Tourism Code of the Philippines.
a. Insurance Requirements
b. Data Protection
c. Licensing and Registration
d. Consumer Protection Laws
ANSWER: C Licensing and Registration
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