Code of Advertising Practice for TIC Members

Objectives

1.

To ensure that members of the public receive clear and accurate information through advertising media to enable them to make a decision in choosing the service and / or purchasing a package tour from members of the TIC.

Principles

2.1

The general principle which governs all members' advertising is that it shall be legal, clean, honest and truthful in all advertising media in Hong Kong.

2.2

Advertising material shall be clearly identifiable as an advertisement and bear the name of the member and its Travel Agent's Licence number.

2.3

This Code is to be applied as the minimum standard observed by all TIC members.

2.4

The word "advertisement" means either paid or unpaid for communication, whether in cash or in kind, addressed to the public or a section of it, the purpose of which is to influence the opinions or behaviour of those to whom it is addressed with a view to advancing the sale of any particular product or service of any member, and which includes information accessed via electronic means by the public or a section of it (including Internet users).

2.5

Advertisements shall contain nothing which is in breach of the law of Hong Kong nor omit anything which the law requires.

2.6

Advertisements shall contain nothing which is in breach of the General Code of Conduct for TIC Members, other Codes and Directives of the TIC nor omit anything for which they require.

Content of Advertisement

3.1

Advertisements shall not unfairly attack or discredit other competitors, competitive products, advertisers, or advertisements, whether directly or by implication.

3.2

Advertisements shall be factually true, and shall not be misleading. No advertisement shall contain any exaggerated claim, direct or implied.

3.3

All descriptive claims and comparisons which relate to matters of ascertainable fact shall be capable of appropriate substantiation.

3.4

No advertisement shall offend against good taste or decency or be offensive to public feeling.

3.5

Member agents' advertisements shall contain only information of package tours, or travel-related products or services. However, they may provide information about shopping special offers in the member-restricted areas of their websites or allow other companies or institutions to provide such information for visitors to their websites through hyperlinks, banner ads, icons, pop-up windows, flashes, etc.

Objectionable Advertising

4.1

If the advertising expenses of a member are to be considered excessive, and in the opinion of the Board are contrary to the public interest and / or the interest of the travel industry as a whole, the TIC shall have the right to conduct a thorough investigation. (Note: The rates used in compiling the advertising expenses for all members will be in accordance with current market rates.)

4.2

If a member is found engaging in any advertising activities or practice which in the opinion of the Board are contrary to the interests of the travel industry as a whole, the TIC shall have the right to take appropriate disciplinary action.

Brochures and Pamphlets

5.1

All package tour brochures published by a member shall contain clear, comprehensive and accurate information to enable his clients to exercise an informed judgement in making their choice and shall include at least the following information:

i.

all information necessary to comply with this Code and any other Codes of the TIC;

ii.

the name and / or the product name (as filed with the TIC Executive Office) together with the licence number of the member responsible for publishing the brochure containing the tour offered (note: the licence number shall not be smaller than the smallest print of the brochure);

iii.

the means of travel (e.g. ship, coach, train, aircraft, etc) and whether they are chartered, scheduled or non-scheduled;

iv.

the destination and / or itinerary where applicable;

v.

the date and place of departure and duration of the tour programme offered;

vi.

the name or the type and where possible the grade of accommodation and meals offered;

vii.

any additional facilities or special arrangements offered;

viii.

the procedures for booking and the contractual conditions under which the booking shall be made or cancelled and the responsibilities of the member;

ix.

the tour price and conditions under which such price can be adjusted; and

x.

an accurate summary of the details of travel insurance offered if any or the non-coverage of such by tour price.

5.2

All brochures to be used by a member for advertising purposes shall be registered with and approved by the TIC two working days in advance before their dispatch and the sale of the tours therein advertised.

Advertising Principle for Affiliate Members

6.

No Affiliate Member shall be allowed to advertise the sale of any package tour except in the event that his name is included in an advertisement placed by a wholesaler.

Infringement and Enforcement

7.

If a member is found to be in breach of this Code, the TIC Executive Office shall notify the member involved to withdraw any offending advertisement immediately. The case will be submitted to the Compliance Committee, which may in the exercise of its absolute discretion penalise the member in accordance with Articles 11(3)(a) and 11(3)(b) of the Articles of Association.