Package travel
You are liable for the whole trip, even when the hotel, airline or transfer fails
Contracts, pre-contractual information and processes aligned with Directive (EU) 2015/2302 in every country you sell in.
Lawyers for travel agencies and tour operators
15+ years advising travel distribution businesses. Legal and tax advice for travel agencies and tour operators: package travel, insolvency protection, suppliers, claims and REAV.
Insolvency protection
Without adequate protection you cannot sell packages
We size and document the insolvency protection that organisers are required to have in each market.
Selling in several markets
You sell packages in several countries and each applies its own rules
We adapt terms, information and protection to each EU market and to licensing requirements outside the EU, with local lawyers where needed.
Cancellations and claims
Flight changes, cancellations and extraordinary circumstances in the middle of peak season
Change and cancellation policy, unavoidable and extraordinary circumstances, and defence before consumer protection authorities and the courts.
Supplier contracts
You contract hotels, charters and destination services on terms you don’t control
Contracts with hotels, airlines, bedbanks and DMCs: allotments, release, liability and right of recourse.
Data protection (GDPR)
Your travellers’ passports, minors and special requirements
GDPR applied to travel: sensitive data, minors, transfers to destinations outside the EU and traveller registration.
VAT and REAV
A misapplied REAV ends in an assessment from the Spanish Tax Agency
End-to-end REAV: gross margin, services outside the EU, opting for the general scheme and invoicing.
International tax
You sell to travellers from several countries or open markets outside Spain
Tax structure for operating in other countries: permanent establishment, subsidiaries and transfer pricing.
Coordinated legal and tax advice for travel agencies and tour operators, from brochure to claim
How we work with travel agencies and tour operators
We know the package from the inside
We know how a package is put together, how services are contracted at destination and where the risks lie: in the information given to travellers, in the insolvency protection, in supplier contracts and in VAT.
One-off review
Your terms and conditions, a supplier contract or a REAV question before launching a product.
Fixed-scope project
Adapting to package travel rules, a consumer law and GDPR audit or entering a new market.
In-house legal team
We work as your legal department: with product, contracting and customer service, all year round.
Working with MYLEGALINBOX means having a close, solution-oriented team with deep knowledge of the entire tourism value chain. They fully understand our business and its specifics, especially in complex matters such as agreements with payment and distribution platforms. Their practical approach, experience and ability to find solutions bring great peace of mind and confidence.
Fernando FortezaLegal Director, W2M – World2Meet
Common legal and tax questions for a travel agency or tour operator
What liability does the organiser of a package have?
The organiser is liable to the traveller for the proper performance of all the services included, even if they are provided by third parties, without prejudice to its right of recourse against the supplier responsible. It must also provide the mandatory pre-contractual information, assist travellers in difficulty and have insolvency protection.
Who must have insolvency protection?
Package organisers and, in certain cases, retailers and those facilitating linked travel arrangements. The protection covers the refund of payments and, if the trip includes transport, repatriation. Its form and amount depend on each country’s rules.
When can a traveller cancel without a penalty?
When unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the performance of the trip or the transport. Outside those cases, the traveller can cancel by paying an appropriate and justifiable termination fee.
What is the REAV and when does it apply?
It is the special VAT scheme for travel agencies that deal with travellers in their own name and use goods and services supplied by other businesses: they are taxed on their gross margin. For certain transactions with businesses, the general scheme can be chosen instead.
Do you advise companies 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.
Do I need a travel agency licence to sell activities, accommodation or transfers?
It depends on what you sell and on the autonomous community (region). To organise or sell package travel you must be a travel agency: a declaración responsable (statutory declaration) filed with the region where you are established, plus insolvency protection. For stand-alone services, some regions also reserve intermediation to travel agencies (Asturias is one), whereas a supplier selling its own services does not need a licence. We explain it in our guide “Do I need a travel agency licence?”.
Which licence do I need, depending on the region where I set up?
The statutory declaration, registration with the tourism register, insolvency protection and insurance are regulated by each autonomous community, so the requirements and amounts vary from one region to another. It is worth checking them before you incorporate the company and decide where to establish it.
If I charge the supplier a commission instead of a margin, am I a travel agency?
How you get paid is not decisive on its own. What matters is what you sell, in whose name you contract with the traveller and whether you combine services. Charging a commission fits with acting as an intermediary, but if you organise or sell packages, or your region reserves travel intermediation to travel agencies, you will still need to be one.
What should I do if I receive an inspection report or a request from the consumer protection authority?
Check the deadline, which is usually a matter of days, and do not miss it. Provide the documents requested, analyse the breaches alleged and fix what you can before sanctioning proceedings are opened. We explain it step by step in our guide on “consumer protection inspections and penalties”.
Tell us what concerns you about your agency or tour operation
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