Contents of Section

Chapter:

218 PDFTitle:TRAVEL AGENTS ORDINANCEGazette Number:L.N. 83 of 2002
Section:32AHeading:InterpretationVersion Date:01/11/2002

PART IIIA

TRAVEL INDUSTRY COMPENSATION FUND

(1) In this Part-
"authorized collector" (獲授權收款人) means-
        (a) the Travel Industry Council; or
        (b) such other person,
as the case may be, authorized for the time being under section 32F(2)(b);
"Board" (委員會) means the Travel Industry Compensation Fund Management Board established by section 32B;
"Council levy" (議會徵費) means the levy payable under section 32I;
"ex gratia payment" (特惠賠償) means, except in section 32S, an ex gratia payment payable under section 32E(1);
"Fund" (賠償基金) means the Travel Industry Compensation Fund established by section 32C;
"Fund levy" (賠償基金徵費) means the levy referred to in section 32H(1);
"outbound fare" (外遊費) in relation to a package means an amount paid on account of the relevant inclusive price referred to in subsection (2)(c) (whether such payment amounts to the whole or a part of such price);
"outbound travel service" (外遊旅行服務) means an outbound travel service within the meaning of subsection (2);
"outbound traveller" (外遊旅客) means a person who has paid, in a single payment or separate payments, an outbound fare to a travel agent, in connection with or in anticipation of the travel agent obtaining for him an outbound travel service or a person on whose behalf such a payment is made;
"package" (包辦旅遊) means a combination of any 2 or all (as the case may be) of the services or arrangements specified in subsection (2)(b);
"travel agent" (旅行代理商) means an outbound travel agent who is the holder of a licence granted under section 11; (Replaced 10 of 2002 s. 7)
"Travel Industry Council" (旅遊業議會) means the limited company registered in the name of Travel Industry Council of Hong Kong under the Companies Ordinance (Cap 32) and referred to in Part I of Schedule 1.
(2) A service is an outbound travel service if-
        (a) it is provided or obtained by a travel agent for the public;
        (b) it is comprised of any 2 or all of the following-
          (i) carriage, by means of a conveyance, on a journey which is to commence in Hong Kong and which thereafter is to take place mainly outside Hong Kong;
          (ii) accommodation at a place outside Hong Kong;
          (iii) arrangements for an activity (not ancillary to a service referred to in subparagraph (i) or (ii) and which is to take place outside Hong Kong and which, where included in the package, constitutes a substantial part of it;
        (c) it is a package which is available only at an inclusive price; and
        (d) the services or arrangements constituting the package have been determined in advance of being made available to the public.
(3) For the avoidance of doubt the following is declared-
        (a) for the purposes of this Part a person is not a travel agent if his licence is for the time being suspended;
        (b) where an outbound fare is paid to a person who at the time the payment is made, is a travel agent, the payment shall not be regarded as not having been made only by reason of a subsequent revocation or suspension of the licence of that travel agent.
(Part IIIA added 51 of 1993 s. 5)