TICO has provided further instructions for impacted consumers following yesterday’s news about the closure of American Queen Voyages.

As reported by Travelweek yesterday, February 21, consumers affected by the closure and who purchased their travel services from a TICO-registered travel agency or website may file a claim against the Ontario Travel Industry Compensation Fund. “The deadline to file is August 21, 2024, with a maximum claim limit of $5,000 per person and an event limit of $5 million,” Registrar Dorian Werda told Travelweek.

TICO has since issued a closure advisory for American Queen Voyages, which filed for Chapter 11 to conduct its business shutdown. All future cruises have been cancelled.

The cruise line, which primarily offered cruises in North America, has outlined a three-step process for consumers to follow in order to receive refunds from Argo Surety. More information about the refund process can be found at aqvinfo.com and aqvrefunds.com.

As it is not known how long the Argo Surety consumer claims process will take or what the level of reimbursement may be, TICO is advising consumers to file a claim with the Ontario Travel Industry Compensation Fund at the same time to avoid missing the claim filing deadline of August 21, 2024.

Filing a claim against the Compensation Fund 

Consumers who purchased American Queen Voyages travel services from a TICO-registered travel agency or website, and did not receive their travel services due to the closure of the cruise line, may file a claim with the Compensation Fund for reimbursement.

Consumers may request a claim form on TICO’s website or by contacting TICO at 1-888-451-8426 or tico@tico.ca. More information about the Compensation Fund can be found here.

There is a legislated six-month filing deadline for claims on the Compensation Fund. The filing deadline is August 21, 2024. Claims received at TICO after the filing deadline will not be valid. 

The legislation requires claimants to explore all other possible options for reimbursement as part of the claims process. 

Should claimants not be able to obtain all the required supporting documentation to substantiate their claim in a timely manner, they can submit their claim to TICO with as much supporting information as possible prior to the filing deadline on August 21. Additional documentation can be submitted when it is obtained to avoid missing the deadline.

1. Credit Cards:

• All consumers who paid by credit card and were charged by the cruise line should contact their credit card company to request a chargeback (refund). 
• If their credit card company refuses to provide them with a refund, they will be required to obtain a letter from the credit card company stating that a credit refund will not be issued. 
• The letter from the credit card company must be submitted with their claim against the Compensation Fund.
• If they are unable to obtain a refund (chargeback) from their credit card company or obtain all the documentation required to substantiate their claim in a timely manner, they can submit their claim form to TICO prior to the deadline date.
• Any additional documentation that is required to complete the claim can be sent to TICO when it is obtained.

2. Travel insurance:

• Consumers who have travel insurance must make a claim with their insurance company.
• If the claim is refused, they must provide written proof of refusal of their claim.
• If they are unable to obtain a reimbursement from their travel insurance company or obtain all the documentation required to substantiate their claim in a timely manner, they can submit their claim form to TICO prior to the deadline date.
• Any additional documentation that is required to complete the claim can be sent to TICO when it is obtained.

3. Argo Surety consumer claims process:

• As there is a surety consumer claims process for American Queen Voyages, consumers must file a claim through the process listed on this website aqvrefunds.com.
• TICO recommends filing a claim with the Compensation Fund at the same time as the Argo Surety consumer claim to ensure consumers don’t miss the filing deadline.
• Any additional documentation that is required to complete the claim can be sent to TICO when it is obtained.

Travel credits & vouchers 

Consumers who have a future travel credit/voucher issued by American Queen Voyages that has not been redeemed should note the following:

• Unredeemed future travel credits, vouchers or similar documents issued by a cruise line for future travel are not eligible for reimbursement from the Compensation Fund. These consumers may wish to contact Argo Surety to determine if they have eligibility as part of their claims process.

Consumers who purchased other travel services 

Those who purchased other travel services (ie. airfare to/from the cruise port, hotel before/after the cruise, etc.) from a registered Ontario travel agency or website should note the following:

• Payments for travel services such as airfare, ground transportation, hotel expenses, or other travel services that are still available to be received are not eligible for reimbursement from the Compensation Fund.

Consumers who purchased outside of Ontario or direct from supplier

Consumers who purchased American Queen Voyages travel services from a travel agency located outside of Ontario or directly from American Queen Voyages should note that, unfortunately, there is no provision under Ontario Regulation 26/05 of the Travel Industry Act, 2002 for a consumer to claim on the Compensation Fund when they purchased travel services from a travel agency outside of Ontario or directly from the supplier. These consumers may wish to explore eligibility to file a claim through the Argo Surety consumer claims process (aqvinfo.com or aqvrefunds.com).

For more information, contact TICO at 1-888-451-8426 or (905) 624-6241 or tico@tico.ca. TICO can review a consumer’s circumstances and offer guidance on whether they may have an eligible claim against the Compensation Fund.

Source: Travelweek