Travel Agency Scam in the Philippines: How to File a Complaint and Recover Payments

This is a Philippines-specific legal guide for consumers who paid a travel agency (or tour operator/booking page) and were scammed or left without the promised service. It explains your options—administrative, civil, criminal, and payment-dispute routes—plus practical steps, templates, and evidence tips. It is general information, not legal advice for a specific case.

1) First things first: triage & freeze the damage

Act immediately—time limits apply.

Secure evidence
- Receipts, invoices, official receipts (ORs), vouchers, itinerary/PNR, booking references.
- Screenshots of ads, chats, emails, social posts, payment confirmations, e-wallet or bank statements.
- Photos of IDs and business permits shared by the agency.
- Names, numbers, page URLs, and device info (if online).
- If tickets were issued, verify with the airline/hotel that they are valid and paid.
Try to stop or reverse funds
- Credit/debit card: file a chargeback/dispute with your issuer right away (reason codes: service not provided/merchandise not received, misrepresentation, or fraud). Ask for temporary credit pending investigation and follow your bank’s documentary checklist.
- E-wallets/banks: file a dispute through the provider’s Consumer Assistance channel; request transaction freeze/trace, especially for recent transfers. If unresolved, you may bring the matter to the Bangko Sentral ng Pilipinas (BSP) after the provider’s final response.
- Remittance/transfer: ask the remittance company if the payout can still be blocked or traced.
Send a concise demand to the agency
- Give a clear deadline (e.g., 5–7 calendar days) to refund or deliver the service.
- Indicate that you will escalate to DTI/DOT and pursue civil/criminal action if ignored.
- Send to all known channels (email, page inbox, Viber/WhatsApp/SMS, and—if known—registered/business address by courier). Keep proof of service.

2) Who regulates what (and why it matters)

Department of Tourism (DOT): accredits travel and tour operators. DOT can suspend/cancel accreditation and impose administrative sanctions on accredited entities. Accreditation is a consumer-protection signal; lack of accreditation is a red flag.
Department of Trade and Industry (DTI): primary consumer-protection agency under the Consumer Act of the Philippines (RA 7394) for deceptive, unfair, or unconscionable sales acts, including online selling. DTI handles mediation and adjudication with orders like refund, replacement, repair, and fines.
Local Government Unit (LGU): issues Mayor’s/Business Permits. You can complain to the Business Permits and Licensing Office (BPLO) for closure/suspension where the business operates.
Securities and Exchange Commission (SEC)/DTI Business Name Registry: corporate or business-name registration checks; helpful to identify responsible officers/owners and registered addresses.
BSP: if your dispute involves banks/e-wallets/payment providers, you can escalate unresolved financial service complaints to BSP.
Law enforcement: NBI or PNP (including Anti-Cybercrime Group) for estafa (swindling) or computer-related fraud.
BIR: if the agency refuses to issue an Official Receipt, you may tip the Bureau of Internal Revenue—often persuasive leverage.

3) Legal theories you can use

A. Administrative (fastest consumer route)

Deceptive/Unfair sales (RA 7394): false promises, bait-and-switch, no delivery after payment, hidden/abusive fees.
Tourism standards (RA 9593, Tourism Act): violations by accredited operators (e.g., misrepresentation, failure to honor bookings).

Relief: refund/replacement, cease-and-desist, fines, accreditation suspension/cancellation.

B. Civil (money back + damages)

Breach of contract and rescission (Civil Code, e.g., Art. 1191): you can cancel and demand refund plus damages (actual, moral, exemplary if warranted, and attorney’s fees).
Fraud/misrepresentation (dolo): grounds for rescission and damages.
Unjust enrichment and quasi-delict (if negligence caused loss).

Prescription (time limits):

Written contract: 10 years from breach.
Oral contract: 6 years.
Quasi-delict (tort): 4 years from discovery of damage.
Rescission by reason of fraud: generally 4 years from discovery of fraud.

C. Criminal (pressure + deterrence)

Estafa (Article 315, Revised Penal Code, as amended by RA 10951): deceit + damage (e.g., taking payment by false pretenses; failure to deliver with fraudulent intent).
B.P. 22 (Bouncing Checks Law): if they paid you by check that bounced (less common here).
Cybercrime (RA 10175): computer-related fraud, phishing, identity theft, etc., when done through online means.

Note on prescription: Estafa’s prescriptive period depends on the penalty actually imposable, which scales with the amount defrauded; commonly 10 or 15 years. Earlier action is always better.

4) Step-by-step: Administrative complaint (DTI & DOT)

A. DTI consumer complaint (for deceptive trade practices)

Prepare: complaint narrative, proof of payment, copies of ads/chats/emails, demand letter & proof of service, valid ID, and your computation of the claim (refund + damages/fees sought).
File: with the DTI Office where you reside or where the business operates (DTI also accepts online submissions). Identify the respondent’s legal name and address (from receipts/permits/SEC).
Mediation: DTI typically calls the parties for mediation/conciliation. If settled, ensure a written settlement with timelines.
Adjudication: If no settlement, DTI may issue a decision (refund/repair/replacement; fines; cease-and-desist).
Enforcement: Non-compliance can lead to further sanctions; you can use the DTI decision to support a civil suit or collection.

Practical tip: Even if the agency is unregistered, DTI can still act against business operators found engaging in consumer trade in the Philippines.

B. DOT complaint (if agency is DOT-accredited or claims to be)

Verify accreditation (ask DOT or check the certificate).
File: complaint with evidence; copy the Regional Office where the operator is based.
Outcome: DOT can penalize (suspension/cancellation of accreditation, fines) and may endorse to DTI or prosecutors if warranted.

5) Civil remedies: Small Claims vs. Regular Civil Action

A. Small Claims (no lawyers at hearing; speed & low cost)

Coverage: purely money claims (refunds, damages that are liquidated/sum certain), supported by documents.
Threshold: up to ₱1,000,000 per claim (per the latest amendments to the Small Claims Rules).
Venue: where you or the defendant resides, at your option (personal action).
What to file: Statement of Claim (court form), your documentary evidence, and proof of prior demand (helpful).
Hearing: summary, usually single-day; no appeal on the merits (only extraordinary remedies).

Tip: You can join multiple defendants if the claims arise from the same transaction/series (e.g., agency + owner). If your claim slightly exceeds the limit, you may waive the excess to qualify.

B. Regular civil action (when complex or above Small Claims threshold)

Causes of action: breach of contract, rescission with damages, fraud.
Relief: refund + damages (actual, moral, exemplary), interest, and attorney’s fees.
Interim relief: you can seek preliminary attachment if there’s a risk assets will be spirited away (requires bond and specific grounds like fraud in contracting the obligation).

6) Criminal route: Estafa & Cybercrime

Filing a criminal complaint

Complaint-Affidavit: Facts in chronological order; elements of deceit and damage; attach exhibits (payments, chats, ads, IDs, refusal to refund).
Where to file: City/Provincial Prosecutor’s Office where any element occurred (e.g., where payment was made, where deceitful representations were received), or with NBI/PNP who can endorse to prosecutors.
Process: Preliminary investigation (counter-affidavit, rejoinders), prosecutor’s Resolution; if probable cause, case is filed in court.
Restitution: Courts may order civil liability with the criminal case, but recovery can take time. You may pursue civil and criminal actions concurrently (subject to rules on splitting causes and double recovery).

When to choose criminal in addition to civil/DTI

Clear pattern of scamming multiple victims.
Fake permits/accreditation, fabricated tickets/vouchers, identity theft.
Ghosting after payment, refusal to refund while still soliciting new clients.

7) Payment-dispute playbook (cards, e-wallets, banks)

Credit cards: Ask the issuer for a chargeback for “service not provided/merchandise not received,” “misrepresentation,” or “fraud.” Submit evidence (ads, chats, demand letter, non-delivery confirmations). Chargeback windows are strict—file as soon as you suspect fraud.
Debit/bank transfer: Request a recall/trace. Banks may coordinate if funds remain. Follow the bank’s dispute process.
E-wallets: File in-app disputes and request account freezing of the recipient. If unresolved after the provider’s final response, escalate to BSP under financial consumer protection rules.
Installment plans: Ask the issuer to cancel installments for non-delivery and dispute posted amounts.

Tip: A DTI or prosecutor’s endorsement letter often helps banks/e-wallets take the dispute more seriously.

8) Proving your case: Electronic evidence & chain of custody

E-Commerce Act (RA 8792) and the Rules on Electronic Evidence recognize electronic documents (screenshots, emails, chats, transaction logs) and digital signatures.
Keep original files (not just screenshots) where possible; export chats (with metadata), download email headers, and save PDFs of bank statements.
For SMS/ephemeral messages, you can authenticate through testimony of a person who saw/received them and by corroborating screenshots and device records.

9) Red flags & due diligence (to prevent recurrence)

No DOT accreditation, no Mayor’s Permit, no SEC/DTI BN registration, refusal to issue Official Receipt.
Too-good-to-be-true fares, “pay now, ticket later” without a PNR within hours of payment.
Requests to transfer to personal accounts or e-wallets under different names.
Pages created recently, with borrowed photos and no verifiable office address.

Before paying: Ask for accreditation/permits, IATA or consolidator relationships for airline tickets, landline and office location, official email domain, and OR.

10) Practical strategy: Combine remedies for leverage

A layered approach yields best odds:

Demand letter (short deadline) ➝
Parallel: DTI complaint (consumer protection) + payment dispute with card/bank/e-wallet ➝
DOT (if accredited/claiming accreditation) + LGU BPLO (for permit action) ➝
Criminal (estafa/cybercrime) if deceit is clear or pattern exists ➝
Small Claims/Civil if money isn’t returned.

This simultaneous pressure often compels quick settlement.

11) Templates

A. Short Demand Letter (sample)

Subject: Demand for Refund – [Booking Ref/PNR] Date: [________]

[Travel Agency Legal Name] [Address / Email / Page URL]

I paid ₱[amount] on [date] for [tour/tickets/hotel], per your representations (copies attached). You failed to deliver/refunded nothing despite follow-ups (see attached chats/emails).

Under the Consumer Act (RA 7394) and the Civil Code, I hereby rescind the transaction and demand full refund of ₱[amount] within [X] days from receipt of this letter. Otherwise, I will file a complaint with DTI and DOT, pursue civil and criminal action (estafa), and escalate to my bank/e-wallet.

Please remit to: [bank/e-wallet details].

Sincerely, [Name, Address, Contact] Attachments: [list]

B. Complaint-Affidavit Outline (criminal)

Affiant’s Identity & Authority (attach ID; if group, SPAs).
Facts in chronology (ads seen; chats; payments; non-delivery; excuses; refusal to refund).
Deceit: misrepresentations/accreditation claims/forged tickets; intent to defraud.
Damage: amounts, consequential losses.
Prayer: prosecution for Estafa (Art. 315) and, if online, Cybercrime (RA 10175 – computer-related fraud).
Annexes: payments, screenshots, ORs/receipts (or refusal), demand letter and proof of service, list of other victims (if any).

12) FAQs & edge cases

The agency issued a PNR but airline says “unpaid.” Classic “ticketing void” or fake ticket scheme. Include airline confirmation and screenshots; dispute with your issuer; file DTI/DOT and criminal complaints.
Group bookings You may consolidate claims; designate a lead complainant with SPAs. In Small Claims, each claimant can file their own case or you can join claims arising from the same transaction.
There’s an arbitration clause in the voucher Arbitration agreements (RA 9285) are generally valid, but consumer regulators (DTI/DOT) may still enforce statutory remedies. Arbitration does not bar criminal complaints.
They refuse to issue an Official Receipt Note this in your complaint; consider a BIR report. Lack of OR bolsters the inference of fraud and regulatory non-compliance.
They’re unregistered or using a personal account You can still pursue DTI (consumer transaction), criminal estafa (identifiable natural persons), and LGU BPLO (unlicensed business). Gather links, phone numbers, and account names to help identification.

13) Checklists

Evidence pack

Proof of payment (bank/e-wallet/card statement)
Ads, screenshots, chats, call logs
Booking references/PNRs; airline/hotel confirmations or denials
Demand letter + proof of service
Agency permits/accreditation (or proof they claimed such)
IDs and addresses of contact persons (if any)

Filing pack (DTI/DOT/Police/Prosecutor)

Complaint narrative & prayer
Valid ID; Special Power of Attorney if filing for a group/person abroad
Computation of claim and damages
Annexed evidence labeled and paginated

Payments/Banking

Card chargeback filed (keep case number)
Bank/e-wallet dispute filed (ticket/reference)
BSP escalation (if unresolved)

14) Where to file (at a glance)

DTI: Consumer complaint (where you live or where business is located; online or in-person).
DOT: If operator is accredited or misused DOT marks; file with the Regional Office.
LGU BPLO: City/Municipality where the office or operations are located.
Prosecutor’s Office: City/Province where any element of the offense occurred (payment, deceit, or damage).
Courts:
- Small Claims up to ₱1,000,000 (money claims only).
- Regular Civil if above the limit or complex.

15) Smart sequencing (sample 30-day plan)

Day 1–2: Evidence preservation; card/bank/e-wallet disputes; demand letter sent.
Day 3–7: File DTI (and DOT if applicable); request mediation.
Week 2–3: If still no refund, prepare Small Claims or criminal complaint (or both, depending on facts).
Week 4+: File case(s); continue with payment-dispute process and regulator follow-ups.

16) Final pointers

You may pursue administrative, civil, and criminal remedies at the same time. Just avoid double recovery (you can’t collect the same refund twice).
Keep communications professional; threats or harassment can backfire legally.
Consider counsel if the amount is high, there are many victims, or you need asset-freezing strategies (e.g., preliminary attachment).
Stay organized: paginate exhibits, maintain a timeline, and log every call/email.

If you’d like, tell me your facts and documents (amount, how you paid, what you were promised, and what happened). I can draft a tailored demand letter, a DTI complaint, and a Complaint-Affidavit using your specifics.