Reimbursement of customer for trip completion
 57.1 (1) If a customer or another person has begun a trip that cannot be completed because travel services have not been provided as a result of the failure of a registrant, the customer is entitled to be reimbursed under subsection (2) if, (a)  the customer paid for the travel services and the payment or any part of it was made to or through a registered travel agent; (b)  the customer has made a demand for payment from, (i)  the registered travel agent and the appropriate registered wholesaler, (ii)  any other person who has received the customer’s money, and (iii)  any other person who may be legally obliged to reimburse or compensate the customer, including a person obliged under a contract for insurance; and (c)  the customer has not been reimbursed by, (i)  those of the registered travel agent and the appropriate registered wholesaler, who under section 25 of the Act are liable to make the reimbursement, because they, (A)  are unable to pay by reason of bankruptcy or insolvency, (B)  have ceased carrying on business and are unwilling to pay, or (C)  have ceased carrying on business and cannot be located, (ii)  any other person who has received the customer’s money, or (iii)  any other person who may be legally obliged to reimburse or compensate the customer, including a person obliged under a contract for insurance.  O. Reg. 161/10, s. 11. (2) A reimbursement under subsection (1) is limited to the following reasonable expenses related to trip completion: 1.  The cost of airfare, car hires or other transportation required in order to, i.  bring the customer or other person to the final destination, or ii.  return the customer or other person home, if this is his or her preference and can be done for a cost that does not exceed the cost of bringing the customer or other person to the final destination. 2.  The cost of necessary accommodation and meals for the customer or other person before the trip can be completed. 3.  Costs relating to obtaining access to money or making financing arrangements to enable the customer or other person to pay the costs listed in paragraphs 1 and 2.  O. Reg. 161/10, s. 11. (3) The customer is entitled to be reimbursed for the expenses listed in subsection (2) except if, (a)  the customer or other person has not made every reasonable effort to obtain services that are comparable to those originally purchased by the customer; (b)  the customer or other person has not made every reasonable effort to travel to one of the destinations set out in paragraph 1 of subsection (2) as close as reasonably possible to the originally scheduled travel date; (c)  the claim is for travel services that were not provided because an end supplier became bankrupt or insolvent or ceased to carry on business; (d)  the claim is for amounts listed in subsection (4); or (e)  the customer or other person received notice of arrangements, applicable to him or her, being made through payments directed by the director in accordance with section 69, and did not take advantage of those arrangements, although it was reasonably practicable for the customer or other person to have done so.  O. Reg. 161/10, s. 11. (4) The amounts mentioned in clause (3) (d) are, (a)  a payment to or through a registrant for any travel services that were provided or for which alternate travel services were provided or made available; (b)  a payment for travel services that were available, but were not received because of an act or a failure to act on the part of the customer or of another person for whom the travel services were purchased; (c)  counselling fees paid to a travel agent; (d)  amounts for travel services that were to be received as a prize, award or goodwill gesture, including travel services that were to be received because of the redemption of a voucher, certificate, coupon or similar document that was itself received as a prize, award or goodwill gesture; (e)  amounts for travel services that the customer did not pay for with cash or by a cheque, credit card or other similar payment method, except that this clause does not apply to travel services obtained by redeeming a voucher, certificate, coupon or similar document; (f)  Revoked: O. Reg. 101/20, s. 8; (g)  insurance premiums; (h)  expenses based on the cost, value or quality of the travel services or alternate travel services; (i)  expenses in connection with travel services that were provided under section 68 or 69; (j)  amounts for consequential or indirect damages incurred as a result of the failure to provide the travel services.  O. Reg. 161/10, s. 11; O. Reg. 101/20, s. 8.