What does a company need to operate as a travel agency in the European Union?
Directive (EU) 2015/2302 harmonises package travel rules across the EU, but authorisation or registration of the agency depends on each Member State and, in some, such as Spain, on each region. In all of them, anyone organising package travel must have insolvency protection covering the refund of travellers’ payments and, where the trip includes transport, their repatriation. Protection put in place in the Member State where the business is established is recognised in the other Member States.
What should I do during a tourism or consumer protection inspection?
Cooperate, check the inspectors’ identity and the scope of the inspection, provide the documentation requested and review the inspection report before signing it, recording your objections. It is best to get advice from the very start.
Can an administrative penalty be appealed?
Yes. First through the administrative route, with submissions and appeals, and then before the administrative courts. Deadlines are short, so you need to act as soon as you receive the notification.
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.
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”.