Booking terms for OTAs
You sell in many markets with terms that don’t hold up in all of them
Multi-market terms and conditions and booking terms, adapted to the consumer law of every country you sell in.
Lawyers for OTAs and online travel agencies
15+ years advising travel distribution businesses. Legal and tax advice for OTAs: booking terms, package travel, consumer law, data protection, VAT (REAV) and international tax.
Package travel
A flight plus hotel can make you an organiser without you realising
We review your booking flow against Directive (EU) 2015/2302: when you are an organiser, when it is a linked travel arrangement and what you must disclose.
Claims and refunds
Cancellations, refunds and claims that eat into your margin
Refund protocols, allocation of liability with suppliers and defence before consumer protection authorities, arbitration and the courts.
Supplier and API contracts
You rely on bedbanks, GDSs and APIs under contracts you didn’t negotiate
We negotiate distribution and connectivity: SLAs, parity, liability, use of data and exit from the contract.
Platform transparency
Prices, rankings and reviews under consumer authority scrutiny
We review the transparency of your prices, rankings and reviews under the Omnibus Directive and the Digital Services Act.
Data protection (GDPR)
Millions of travellers’ data, cookies and transfers outside the EU
End-to-end GDPR: outsourced DPO, cookies, international transfers and traveller registration.
VAT and REAV
REAV or the general scheme? A VAT error is multiplied by your volume
We define your model (agent or principal) and its VAT treatment: REAV, place of supply and invoicing.
International tax
You are growing in other countries and your tax structure isn’t keeping up
Permanent establishment, transfer pricing and Digital Services Tax, reviewed before an inspection arrives.
Coordinated legal and tax advice, with the engagement model your OTA needs
How we work with OTAs
We get inside your product, not just your contracts
We have worked inside travel distribution. We start with how you book, collect payments and deal with suppliers, and from there we adjust your contracts, customer-facing texts and tax structure.
One-off review
A supplier contract, your booking terms or a VAT question before you launch.
Fixed-scope project
Entering a new market, a consumer law and GDPR audit, or restructuring your tax model.
In-house legal team
We work as your legal department: on your channels, alongside business and product, all year round.
“I have worked directly with Borja for more than five years, both as in-house and as external counsel (now with Mylegalinbox). Throughout this time I have considered him a true advisor: his legal knowledge is excellent, but even more important to me is his deep understanding of our business, our industry and a clear awareness of what we want to achieve in a transparent, lawful and compliant way. His advice and manner are always kind, helpful and expert, and he always offers alternatives that fit the business and its goals. I would not hesitate to recommend his services to anyone looking for the best legal partner.”
Gerardo del RíoVice President, TBO.com
Common legal and tax questions for an OTA
When is an OTA liable as the organiser of a package?
It depends on how the services are combined and sold. Under Directive (EU) 2015/2302, if the OTA combines, for example, flight and accommodation for the same trip and sells them at an inclusive price or through a single booking process, it may be the organiser and be liable for the performance of the whole trip. If it only facilitates linked travel arrangements, its obligations are more limited.
Which VAT scheme applies to an OTA in Spain?
It depends on the business model. If the OTA acts in its own name, buying and reselling travel services, it will usually apply the special VAT scheme for travel agencies (REAV). If it acts as an intermediary in the name and on behalf of third parties, it is taxed on its commission under the general scheme.
What data protection obligations does an OTA have?
Those under the GDPR: a lawful basis and information for travellers, contracts with processors (GDSs, bedbanks, technology providers), safeguards for international transfers and consent for cookies. In Spain, where applicable, there are also obligations to register traveller documentation.
Do you advise OTAs based outside Spain?
Yes. We have clients in Europe, North America, Latin America, the Middle East and Asia-Pacific. We negotiate multi-jurisdictional contracts and coordinate with local lawyers where each country’s rules require it.
How do you work with an OTA?
In three ways: a one-off review (a contract or a set of terms), a fixed-scope project (market entry, an audit or a tax model) or as an in-house legal team all year round.
Could my booking website make me a package travel organiser without my knowing?
Yes. If travellers on your website combine services for the same trip, such as a flight and a hotel, in a single booking process or at an inclusive price, you may be the organiser of a package, with all the obligations that entails. The new Directive (EU) 2026/1024 also widens the scenarios, for example where the traveller’s details are passed to another trader and the second contract is concluded within 24 hours. The booking flow needs to be reviewed step by step.
Is an OTA bound by Law 10/2025 on customer service?
It depends on its size. Law 10/2025 applies to providers of basic services, such as passenger transport, and to other businesses dealing with consumers if, at group level, they have at least 250 employees, turnover above €50 million or a balance sheet above €43 million. It came into force on 28 December 2025 and allows twelve months to comply.
Are terms and conditions drafted with AI good enough?
As a draft, yes; as a final text, not without review. They tend to mix rules from several countries, leave out the mandatory pre-contractual information for package travel or include clauses that consumer law treats as unfair and therefore void. They need to be tailored to your business model.
Tell us what concerns you about your OTA
30 minutes with the team to review risks and priorities.
Or, if you prefer, email us and we’ll get back to you.
information@mylegalinbox.com