Regulatory advice for the travel and hotel sector

Licences, financial guarantees, package travel, inspections and sanctioning proceedings for travel agencies, tour operators, bedbanks and hotels.

Licences and registrationsInspectionsSanctioning proceedings
How we solve it

A heavily regulated sector, under control

We interpret the rules that affect your business and stand by you before the authorities, from licence to inspection.

Administrative fileslive
  • 09:10Declaración responsable (statutory declaration) · travel agencyOK
  • 10:45Financial guarantee · renewalIn progress
  • 12:20Tourism inspection · documentationOK
  • 15:00Sanctioning proceedings · submissionsIn progress
  • 17:10Public consultation · new regulationsReviewed
Licences and registrations up to dateRequired guarantees in placeDefence in sanctioning proceedings
Compliance mapexample
Licences and registrations100%
Guarantees90%
Package travel80%
Accessibility55%
European, national and regional rulesAlerts on regulatory changesCoordination with local lawyers outside Spain

Licences

Authorisations, statutory declarations and registrations.

Inspections

Support during tourism and consumer protection inspections.

Sanctions

Submissions, appeals and judicial review.

Regulation

Package travel, guarantees and new rules.

What’s included

From licence to inspection

We work in three steps, with fees and timescales agreed before we start.

1 · Diagnosis2 · Proposal3 · Delivery

Travel businesses

  • Legal and administrative reports and opinions
  • Licences and statutory declarations for travel agencies, tour operators and bedbanks
  • Financial guarantees required by law
  • Package travel and linked travel arrangements (Directive (EU) 2015/2302, transposed by Royal Decree-law 23/2018)

Hotels

  • Activity, planning, environmental and tourism licences
  • Quality and accessibility rules
  • Regional and local tourism registers
  • Consumer complaints

Before the authorities

  • Administrative and sanctioning proceedings
  • Tourism and consumer protection inspections
  • Appeals and judicial review
  • State liability claims

Public sector and regulation

  • Public tenders and performance of public contracts
  • Taking part in public consultations and hearings
Sectors

Regulatory advice for every type of travel business

Travel agencies and tour operators Hotels Bedbanks DMCs OTAs
Frequently asked questions

Common regulatory questions in tourism

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”.

A licence, an inspection or a penalty?

30 minutes with the team to look at your case and the best way to work together.

Let us review your case

Or, if you prefer, email us and we’ll get back to you.

information@mylegalinbox.com