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Travel Agents Regulations

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Travel Agents Act
Travel Agents Regulations
Rg 1
G.N. No. S 212/1976
REVISED EDITION 1999
(1st January 1999)
[1st December 1976]
PART I
PRELIMINARY AND LICENCE FEES
Citation
1.  These Regulations may be cited as the Travel Agents Regulations.
Date of expiry of licence
2.  A licence issued under section 7 of the Act shall expire on 31st December of the year following that in which it was issued.
Licence fee
3.  The fee payable for every licence shall be $300.
Duplicate licence fee
4.  The fee payable for the issue of a duplicate licence shall be $100.
PART II
DUTIES OF LICENSEE
Licence not to be assigned
5.  A licensee shall not transfer or assign the benefit of his licence to any other person.
Change of place of business
6.  A licensee shall notify the Board within 14 days of —
(a)
any change of —
(i)
address of its place of business; or
(ii)
its contact details; and
(b)
the establishment of any other place of business.
7.  [Deleted by S 12/2007 wef 15/01/2007]
Prohibition against arrangements with unlicensed travel agents
8.
—(1)  A licensee shall not engage or enter into an arrangement with any person, other than an employee in his business as a travel agent, who is not licensed under the Act to carry on the business of a travel agent to assist the licensee in carrying out the licensee’s business as a travel agent.
(2)  A licensee shall not abet any person who is not a licensed travel agent to carry on the business of a travel agent.
Licensee’s advertisements
9.  Any licensee who publishes (whether in a newspaper or otherwise) any advertisement relating to or in connection with the business of a travel agent shall include the following particulars:
(a)
the number of the licence issued to him; and
(b)
the licensee’s contact details registered with the Board.
False or misleading advertisements
10.
—(1)  A licensee shall not publish, distribute or cause to be published or distributed any document, pamphlet, picture, advertisement or literature relating to any sightseeing or shopping tours or services offered by the licensee which is either false or misleading.
(2)  [Deleted by S 12/2007 wef 15/01/2007]
Changes to tours, etc.
11.  Where there are any material alterations to be made to any tour or vacation that has been advertised and for which bookings have already been accepted, the licensee shall —
(a)
inform his client of the alterations as soon as possible; and
(b)
give the client an option of either accepting the modified tour or vacation or to cancel his booking in which event the licensee shall forthwith refund any money paid by the client.
Cancellation of bookings
12.  A licensee shall state clearly in all documents, pamphlets or literature relating to any sightseeing or shopping tour and at the time a client makes his booking —
(a)
the amount of the cancellation fee which the client shall be liable to incur should he cancel his booking; and
(b)
the terms and conditions under which the client shall be liable to pay the cancellation fee.
Minimum financial requirements
13.
—(1)  A licensee shall ensure that at any time —
(a)
where the licensee is a sole proprietor or partnership, the firm’s capital is not less than $100,000 and its net worth is not less than that amount; or
(b)
where the licensee is a company, its issued and paid-up capital is not less than $100,000 and its net worth is not less than that amount.
(2)  Where a licensee is unable to comply with paragraph (1), the Board may by notice in writing require the licensee to furnish, within 28 days of the notice, a banker’s guarantee of such minimum value as may be determined by the Board.
(3)  A banker’s guarantee furnished under paragraph (2) must be made in favour of the Board and must be valid during the currency of the licence.
(4)  A company shall not reduce its paid-up capital during the currency of its licence without the approval of the Board.
(5)  Any licensee who fails to comply with the requirements of a notice under paragraph (2) shall be guilty of an offence.
(6)  In this regulation —
“net worth” means —
(a)
in the case of a sole proprietor or partnership, the capital of the firm deduction having been made in respect of any debit balance appearing in the profit and loss account of the firm; or
(b)
in the case of a company, the paid-up capital and revenue reserves of that company deduction having been made in respect of any debit balance appearing in the profit and loss account of the company;
“revenue reserves”, in relation to a company, means the undistributed profits (or accumulated losses) resulting from the company’s operation which appear in the accounts of the company which are lodged with the Registry of Companies and Businesses together with the annual return of the company under section 197(1) of the Companies Act (Cap. 50) but does not include any reserves which are of a capital expenditure nature.
Office premises
14.  The licensee shall use his place of business exclusively for the purposes of his business as a travel agent.
Sharing premises
14A.  A licensee shall not share, occupy or use his place of business jointly with any other person unless he has obtained the prior written approval of the Board.
Display of signs
15.
—(1)  The licensee shall display a sign at the entrance to the premises which shall state the registered name and the symbol of the business of the licensee.
(2)  [Deleted by S 12/2007 wef 15/01/2007]
16.  [Deleted by S 12/2007 wef 15/01/2007]
Appointment and duties of key executive officer
17.
—(1)  Every licensee shall appoint a key executive officer and shall ensure that the key executive officer is responsible for the proper administration and management of the affairs of the travel agency.
(2)  A key executive officer appointed under paragraph (1) shall carry out his duties referred to in that paragraph.
(3)  A key executive officer appointed under paragraph (1) shall be contactable at any time.
(4)  If a vacancy occurs in the post of key executive officer by reason of the death, resignation, revocation of appointment of the key executive officer, the licensee shall —
(a)
within 2 weeks of the key executive officer ceasing to carry out his duties, notify the Board of that fact; and
(b)
within 6 months of the key executive officer ceasing to carry out his duties, appoint another key executive officer in accordance with paragraph (1).
Persons not to be employed by licensee
18.  A licensee shall not employ or otherwise engage the services of any person who in the opinion of the Board is not suitable to be employed by the licensee in his business.
Fidelity insurance policy
19.
—(1)  The licensee shall ensure that there is a subsisting policy of fidelity insurance for every partner, director or employee who is entrusted with the receipt, custody, disbursements or charge of the licensee’s money or property.
(2)  The licensee shall furnish a copy of any such policy taken out in accordance with paragraph (1) when requested to do so by the Board.
Employment of tourist guides
20.  The licensee shall not employ or engage any other person except a licensed tourist guide to conduct any tours for visitors to Singapore.
Licensed guide for local tours
21.  The licensee shall ensure that every tour conducted by him in Singapore is led by a tour guide who holds a valid licence issued under the Singapore Tourism (Licensing and Control of Tourist Guides) Regulations (Cap. 305B, Rg 1).
Approval of tours
22.  The Board may require a licensee to obtain the prior approval of the Board before conducting any tour in Singapore.
Licensee may be required to cease conducting tours
22A.
—(1)  Where the Board, upon receiving a complaint from any tourist, is of the opinion that any tour being conducted in Singapore by a licensee is undesirable or contrary to the interest of tourists, the Board may, if it thinks fit, by notice in writing require the licensee concerned to cease the conduct of that tour.
(2)  In this regulation, “tour” includes any food, medical, shopping, sightseeing and spa tour.
Licensee to grant assistance and facilities to Board’s officers
23.  The licensee shall at all times afford the officers of the Board such assistance and facilities as are necessary for the Board’s officers to ensure that these Regulations are complied with, including the right to board any vehicle which is being used for any sightseeing or shopping tour or to participate in any tour to ensure that these Regulations are complied with.
Information required by Board
24.
—(1)  Every licensee shall submit the following information to the Board:
(a)
the particulars of the gross annual turnover on or before 31st March of each year for the preceding year in the form and manner required by the Board; and
(b)
a copy of the audited statement of accounts within 6 months after the close of the financial year.
(2)  A licensee shall submit any of the following additional information when requested to do so by the Board:
(a)
[Deleted by S 12/2007 wef 15/01/2007]
(b)
statutory declarations from any director of the licensee as to whether any person holding or intending to hold a managerial or executive position in the business of the licensee, to the best of his knowledge —
(i)
has been convicted of an offence in any country; or
(ii)
is insolvent or an undischarged bankrupt; and
(c)
any other information relating to his business as a travel agent.
(3)  No licensee shall knowingly furnish any information which is false in any material particular.
Cessation or transfer of business
25.  The licensee shall inform the Board in writing when he ceases to carry on his travel agent business or transfers his business to some other person, within 14 days of the cessation or transfer.
[S 12/2007 wef 15/01/2007]
PART III
MISCELLANEOUS
Surrender of licence
26.  Where —
(a)
a licence has been revoked by the Board under section 11 of the Act; or
(b)
a licensee has ceased to operate as a travel agent,
the licensee shall surrender the licence to the Board within 7 days —
(i)
after the date the order for the revocation of the licence takes effect; or
(ii)
from the date of cessation of operation,
as the case may be.
Settlement of disputes
27.
—(1)  No licensee shall wilfully refuse or without reasonable excuse neglect to settle a dispute between the licensee and a client concerning —
(a)
the cancellation of any booking of a tour or vacation; or
(b)
the contractual obligations, whether express or implied, of the licensee in respect of a tour or vacation.
(2)  Where the licensee has reached a settlement with the client under paragraph (1), the licensee shall inform the Board in writing of the terms of the settlement within 7 days from the date of settlement of the dispute.
(3)  Where a mutual settlement has been reached between the licensee and the client, the licensee shall faithfully observe and comply with the terms of the settlement.
Prescribed activity
28.  For the purposes of section 4(1)(d) of the Act, a person who arranges or conducts tours within or outside Singapore carries out a prescribed activity.
Penalty
29.  Any person who contravenes any provision of this Part or Part II shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Composition of offences
30.  The offences under regulations 5, 6, 13, 14, 15, 17, 19, 20, 21, 24 and 27 each read with regulation 29 may be compounded by the Board in accordance with section 27 of the Act.
[S 12/2007 wef 15/01/2007]
THE SCHEDULE
Deleted by S 12/2007, wef 05/01/2007.

LEGISLATIVE HISTORY

Travel Agents Regulations
(CHAPTER 334, Rg 1)
This Legislative History is provided for the convenience of users of the Travel Agents Regulations. It is not part of these Regulations.
1.  
G. N. No. S 346/1983—Travel Agents Regulations 1983
Date of commencement
:
Date not available
2.  
Date of operation
:
25 March 1992
3.  
G. N. No. S 486/1993
Date of commencement
:
Date not available
4.  
G. N. No. S 212/1976—Travel Agents Regulations 1976
Date of commencement
:
1 January 1999
5.  
Date of operation
:
1 January 1999
6.  
G. N. No. S 12/2007—Travel Agents (Amendment) Regulations 2007
Date of commencement
:
15 January 2007
7.  
Date of operation
:
Date not available.