28. The individual security under Division XI is required to guarantee to customers the performance by a travel agent of the obligations in mandates given to him by those customers during the term of the licence and during the period of renewal of the licence until the president’s decision and, in particular;
(a) to compensate, in principal, interest and costs, but excluding punitive damages, any customer in possession of a final judgment rendered other than on acquiescence in the judgment, against the travel agent or any of his employees relative to the carrying out of the mandate given to them, on the condition that the action was brought by the customer within 2 years following the date of the mandate;
(b) to reimburse a customer for a sum that he paid to the travel agent for a service not yet provided, in the case of cessation of the travel agent’s activities and, in particular, in the case of cancellation, suspension or refusal to renew or transfer his licence, on the condition that the customer’s debt is paid off and is recognized as such by the president or by the provisional administrator appointed under section 14 of the Act.
The security is also required for payment, in accordance with section 16 of the Act, of the administrative expenses and provisional administrator’s fees, and for the collection of fines levied under Division VII of the Act. It is also required for the recovery, following the closure of a travel agent, of the contributions to the Fonds d’indemnisation des clients des agents de voyages collected by the travel agent but not sent to the president. The recovery of fines and contributions to the Fonds d’indemnisation des clients des agents de voyages not sent is paid only after the payment of customers’ claims.
If the individual security is not sufficient to indemnify or reimburse a customer or to pay the administrative expenses and provisional administrator’s fees, a claim may be made against the Fonds d’indemnisation des clients des agents de voyage provided for in Division XII.
R.R.Q., 1981, c. A-10, r. 1, s. 28; O.C. 994-86, s. 5; O.C. 546-92, s. 9; O.C. 473-2000, s. 10; O.C. 962-2004, s. 21; O.C. 496-2010, s. 23.