PART 3 | Division 1 — General duties |
| Minimum financial requirements for licensees |
9.—(1) Subject to paragraphs (1AA), (1AB) and (1AC), a licensee issued a general licence must, at all times during the currency of the licensee’s licence, ensure that —| (a) | where the licensee is a sole proprietor, partnership or an unincorporated association, the licensee’s net value is not less than $100,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate, the licensee’s issued and paid‑up capital is not less than $100,000 and the licensee’s net value is not less than $100,000. [S 100/2018 wef 01/03/2018] |
[S 257/2020 wef 08/04/2020] [S 1003/2022 wef 30/12/2022] [S 927/2023 wef 01/01/2024] (1AA) For the period between 8 April 2020 and 31 December 2022 (both dates inclusive), paragraph (1) does not apply to a licensee issued a general licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or an unincorporated association — the licensee’s net value is at least $10,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid‑up capital is at least $100,000 and the licensee’s net value is at least $10,000. |
[S 257/2020 wef 08/04/2020] [S 1086/2020 wef 31/12/2020] [S 974/2021 wef 31/12/2021] |
(1AB) For the period between 1 January 2023 and 31 December 2023 (both dates inclusive), paragraph (1) does not apply to a licensee issued a general licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or unincorporated association — the licensee’s net value is at least $40,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid‑up capital is at least $100,000 and the licensee’s net value is at least $40,000. |
[S 1003/2022 wef 30/12/2022] |
(1AC) For the period between 1 January 2024 and 31 December 2024 (both dates inclusive), paragraph (1) does not apply to a licensee issued a general licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or unincorporated association — the licensee’s net value is at least $70,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid‑up capital is at least $100,000 and the licensee’s net value is at least $70,000. |
[S 927/2023 wef 01/01/2024] |
(1A) Subject to paragraphs (1B), (1C) and (1D), a licensee issued a niche licence must, at all times during the currency of the licensee’s licence, ensure that —| (a) | where the licensee is a sole proprietor, partnership or an unincorporated association, the licensee’s net value is not less than $50,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate, the licensee’s issued and paid‑up capital is not less than $50,000 and the licensee’s net value is not less than $50,000. [S 100/2018 wef 01/03/2018] |
[S 257/2020 wef 08/04/2020] [S 1003/2022 wef 30/12/2022] [S 927/2023 wef 01/01/2024] |
(1B) For the period between 8 April 2020 and 31 December 2022 (both dates inclusive), paragraph (1A) does not apply to a licensee issued a niche licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or an unincorporated association — the licensee’s net value is at least $5,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid‑up capital is at least $50,000 and the licensee’s net value is at least $5,000. |
[S 257/2020 wef 08/04/2020] [S 1086/2020 wef 31/12/2020] [S 974/2021 wef 31/12/2021] |
(1C) For the period between 1 January 2023 and 31 December 2023 (both dates inclusive), paragraph (1A) does not apply to a licensee issued a niche licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or unincorporated association — the licensee’s net value is at least $20,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid‑up capital is at least $50,000 and the licensee’s net value is at least $20,000. |
[S 1003/2022 wef 30/12/2022] |
(1D) For the period between 1 January 2024 and 31 December 2024 (both dates inclusive), paragraph (1A) does not apply to a licensee issued a niche licence if the licensee ensures that, at all times during that period —| (a) | where the licensee is a sole proprietor, partnership or unincorporated association — the licensee’s net value is at least $35,000; or | | (b) | where the licensee is a company, limited liability partnership or other body corporate — the licensee’s issued and paid-up capital is at least $50,000 and the licensee’s net value is at least $35,000. |
[S 927/2023 wef 01/01/2024] |
| (2) A licensee that is a company must not reduce its paid‑up capital during the currency of its licence without the prior written approval of the Board. |
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10.—(1) A licensee must, for every place of business where the licensee carries on the business of a travel agent, obtain the Board’s prior written approval before carrying on the business of a travel agent at that place.| (2) The licensee must use and maintain at least one place of business for the purposes of carrying on the business of a travel agent. |
| (3) Where the licensee ceases to use any place of business for carrying on the business of a travel agent, the licensee must, within 14 days after the cessation, notify the Board of the cessation. |
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11.—(1) A licensee must maintain an email address at which the licensee may be contacted by the Board in relation to any matter concerning the licensee.(2) A licensee must within 14 days after the date of any change in any of the following contact information, notify the Board of the change:| (a) | the licensee’s telephone number; | | (b) | the licensee’s email address mentioned in paragraph (1). |
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[S 927/2023 wef 01/01/2024] |
12.—(1) Subject to paragraph (2), a licensee must, at the entrance to every place of business where the licensee carries on the business of a travel agent, display a sign containing the registered name and the trade mark or logo, if any, of the business.| (2) Where it is proved to the satisfaction of the Board that, owing to any other written law or any other reasonable cause, the licensee is prevented from displaying a sign in accordance with paragraph (1), the licensee may instead display the sign at another place approved by the Board. |
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| 13. A licensee must, before changing the licensee’s financial year, inform the Board of the intended change within 6 months after the close of the preceding financial year. |
| Financial and other information required by Board |
14.—(1) Every licensee must submit the following information to the Board by the following times:| (a) | within 6 months after the close of the financial year of the licensee, the annual business profile returns of the licensee in the form as the Board requires; | | (b) | within 6 months after the close of the financial year of the licensee, a copy of the licensee’s financial statements accompanied by either of the following:| (i) | an independent auditor’s report on those financial statements, that is made in accordance with the Singapore Standards on Auditing issued by the Institute of Singapore Chartered Accountants; | | (ii) | an independent auditor’s review engagement report certifying those financial statements, that is made in accordance with the Singapore Standard on Review Engagements (SSRE) 2400 (Revised): Engagements to Review Historical Financial Statements issued by the Institute of Singapore Chartered Accountants; |
[S 927/2023 wef 01/01/2024] | | (c) | without affecting sub-paragraph (b), where requested by the Board and within such time specified by the Board —| (i) | an independent auditor’s report made in accordance with the Singapore Standards on Auditing issued by the Institute of Singapore Chartered Accountants on the licensee’s financial statements for any financial year, submitted in the manner specified by the Board; and | | (ii) | any other information relating to the licensee’s business as a travel agent. |
[S 927/2023 wef 01/01/2024] |
| (1A) [Deleted by S 927/2023 wef 01/01/2024] |
| (2) In paragraph (1), a reference to a financial year includes a reference to the first financial year subsequent to a change in the licensee’s financial year, despite that the financial year is not 12 months. [S 257/2020 wef 08/04/2020] [S 927/2023 wef 01/01/2024] |
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| Division 2 — Duties relating to persons working for licensee |
| Appointment of key executive officer |
15.—(1) Subject to paragraph (2), a licensee must, upon the grant of a licence, appoint one of the licensee’s employees as the key executive officer who must be responsible for the proper management and operation of the licensee’s business of a travel agent.(2) Where the licensee is a sole proprietor or a partnership, then, as the case may be —| (a) | the sole proprietor may instead be the key executive officer; or | | (b) | one of the partners of the partnership may instead be the key executive officer. |
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(3) If a vacancy occurs in the post of key executive officer by reason of the death, resignation or revocation of appointment of the key executive officer, the licensee must —| (a) | within 14 days after the vacancy arises, notify the Board of that fact; and | | (b) | within 3 months after the vacancy arises, have another person appointed or act as key executive officer in accordance with paragraph (1) or (2), as the case may be. |
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| No unlicensed tourist guide for local tours |
16. Where a licensee supplies guiding services in a tour within Singapore and any participant of the tour is a tourist, the licensee must ensure that the guiding services are only provided by —| (a) | a tourist guide who holds a valid licence granted or renewed under section 19D(4)(a) of the Singapore Tourism Board Act (Cap. 305B); or | | (b) | a tourist guide who is exempt from section 19B(1) of the Singapore Tourism Board Act by reason of section 19B(2) of that Act or under section 25C of that Act. |
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17. A licensee that supplies a tour mentioned in regulation 16 must ensure that the individual who accompanies the participant or participants of the tour and is not a participant of the tour, carries an itinerary or other schedule in respect of the tour stating the following:| (a) | the name of any tourist guide providing guiding services for the tour; | | (b) | except where the tourist guide is a tourist guide described in regulation 16(b), the tourist guide badge number of the tourist guide. |
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| Prohibition against touting |
| 18. A licensee must not, in connection with the licensee’s carrying on of a business of a travel agent (whether or not in a place of business approved by the Board under regulation 10), solicit or cause the soliciting of any person persistently or in any manner as to cause or be likely to cause annoyance to the person. |
| Division 3 — Duties relating to potential customers and customers |
19.—(1) A licensee must include all of the following particulars in every advertisement relating to the licensee’s supply of a travel product:| (a) | the name of the licensee; | | (b) | the number of the licensee’s licence; | | (c) | any contact information relating to the licensee mentioned in regulation 11. |
(2) A licensee must not publish or distribute, or cause to be published or distributed, any advertisement —| (a) | that the licensee knows, or ought to know, is false or misleading; or | | (b) | that is inaccurate. |
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| Particulars required in contract documents |
20. A licensee must include all of the following particulars in every document constituting a contract for the licensee’s supply of a travel product:| (a) | the name of the licensee; | | (b) | the number of the licensee’s licence; | | (c) | the address of any one or more of the licensee’s places of business approved under regulation 10; | | (d) | any contact information relating to the licensee mentioned in regulation 11. |
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21.—(1) Subject to paragraph (2), a licensee must, before receiving any payment that is in full or the first part payment (including by way of a refundable deposit) for an eligible travel product bought in Singapore by an individual —| (a) | ask the individual to consider buying travel insurance —| (i) | against any failure or disruption in the provision of the eligible travel product arising out of any insolvency on the part of the licensee; and | | (ii) | in favour of each traveller under the eligible travel product; and |
| | (b) | inform the individual of one or more insurers from which the individual may buy travel insurance. |
(2) Paragraph (1) does not apply —| (a) | where the individual buying the eligible travel product is doing so for or on behalf of another person who is registered under the Business Names Registration Act 2014 (Act 29 of 2014) or on behalf of a body corporate; | | (b) | where the travel product includes travel insurance against any failure or disruption in the provision of the eligible travel product arising out of any insolvency on the part of the licensee; or | | (c) | if no payment for the eligible travel product is made until after the date of departure from Singapore. |
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(3) The licensee must keep a record (whether in electronic form or otherwise) of the following in respect of each individual to whom paragraph (1) applies:| (a) | the name of the individual; | | (b) | the licensee’s reference number in respect of the travel product; | | (c) | the names of all the travellers under the travel product; | | (d) | whether the individual wishes to purchase such travel insurance; | | (e) | where the individual buys travel insurance through the licensee, the particulars of each certificate of insurance in respect of the travel product, including the name of the insurer, the name of the policy, the policy reference number and the names of the insured travellers; | | (f) | the individual’s acknowledgment that the licensee has complied with paragraph (1). |
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| (4) The licensee must preserve a record made under paragraph (3) for a period of not less than 12 months after the date the payment mentioned in paragraph (1) is received by the licensee from the individual to whom the record relates. |
(5) In this regulation —“eligible travel product” means a travel product offered by a licensee that is delivered wholly or partly outside Singapore and where —| (a) | the full or the first part payment (including by way of a refundable deposit) required by the licensee is $500 or more per traveller; or [S 927/2023 wef 01/01/2024] | | (b) | the price (including the amount attributable to the applicable goods and services tax) of the eligible travel product per traveller is $1,000 or more; |
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| “traveller” means an individual travelling under an eligible travel product. |
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| Licensee must inform of cancellation terms |
| 22. A licensee must, before agreeing to supply a travel product to a person, inform the person in writing of any consequences of a cancellation of the travel product by the person, including any fee payable by the person for such cancellation. |
| Licensee must issue receipt with breakdown |
23. Where a licensee receives an amount of $500 or more (including by way of a refundable deposit) for any individual under a travel product sold to a person, the licensee must, as soon as practicable after receiving the payment, issue to the person —| (a) | a written receipt for the amount paid; and | | (b) | an itemised list of the components of the amount paid. |
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| Prohibition of payment to personal bank accounts |
24.—(1) A licensee must not cause or permit any payment relating to a travel product sold by the licensee to be made to a bank account in Singapore that is held in the name of one or more individuals.(2) Paragraph (1) does not apply to a bank account held —| (a) | in the name of a sole proprietor who is a licensee; or | | (b) | in the name or names of the partners of a partnership that is a licensee. |
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| Changes to travel products, etc. |
25.—(1) Where the licensee intends to make a material change to a travel product that has been sold but not fully delivered, the licensee must inform every person who has bought the travel product (called in this regulation the customer) of the intended change.(2) Where a customer does not accept the material change on such terms as may be agreed with the licensee, the licensee must —| (a) | where the licensee has not delivered any part of the travel product to the customer, allow the customer to cancel the travel product and offer to refund to the customer all payments received from the customer for the travel product; or | | (b) | where the licensee has delivered any part of the travel product to the customer —| (i) | allow the customer to cancel the undelivered part of the travel product and offer to refund to the customer such amount attributable to the undelivered part of the travel product; or | | (ii) | where the customer does not cancel the undelivered part of the travel product and the change results in a reduction in value of the travel product, offer to refund to the customer such amount corresponding to the reduction in value. |
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(3) To avoid doubt, this regulation —| (a) | does not affect the customer’s rights against the licensee for the material change to the travel product; and | | (b) | applies whether the material change is made due to reasons within or outside of the licensee’s control. |
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26.—(1) A licensee must not wilfully refuse or, without reasonable excuse, neglect to settle a dispute between the licensee and a person regarding —| (a) | whether the licensee and the person have entered into a contract for a travel product; | | (b) | the cancellation, whether by the person or the licensee, of a contract for the provision of a travel product; or | | (c) | the contractual obligations, whether express or implied, of the licensee in respect of any travel product. |
| (2) The Board may require a licensee to inform the Board of the terms of any settlement between the licensee and a person relating to the licensee’s supply of a travel product. |
| (3) A licensee who is required under paragraph (2) to inform the Board of the terms of a settlement must do so within 7 days after the Board’s request. |
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