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Drafting Travel Agency General Terms and Conditions

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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

Travel terms and conditions must clearly state the role of the travel agency: organizer, intermediary, or advisor. This role determines which obligations, liability, and duty to provide information apply regarding booking, cancellation, complaints, and problems during the trip

  • For travel agencies, tour operators, and travel intermediaries
  • Attention to booking, payment, cancellation, and modification
  • The roles of organizer, mediator, and supplier are clearly defined
  • Complaints, travel documents, force majeure, and liability defined

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About us

Our expertise in general terms and conditions for travel agencies

Our lawyers and in-house counsel assist travel agencies, travel organizations, tour operators, and travel intermediaries with general terms and conditions, booking conditions, cooperation agreements, and privacy documents. We examine bookings, payment, cancellation, travel documents, suppliers, complaints, force majeure, privacy, and liability.

Tailor-made solutions for your travel agency

A travel intermediary, tour operator, tailor-made travel specialist, online travel platform, or business travel agent does not need the same terms and conditions. Therefore, we tailor the terms and conditions to your role, trips, clients, suppliers, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with consumer terms and commercial contracts
  • Attention to booking, cancellation, complaints, and liability
  • Fixed rates in advance where possible
  • Customization
  • About us
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Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

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  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in general terms and conditions for travel agencies

Our lawyers and in-house counsel assist travel agencies, travel organizations, tour operators, and travel intermediaries with general terms and conditions, booking conditions, cooperation agreements, and privacy documents. We examine bookings, payment, cancellation, travel documents, suppliers, complaints, force majeure, privacy, and liability.

Tailor-made solutions for your travel agency

A travel intermediary, tour operator, tailor-made travel specialist, online travel platform, or business travel agent does not need the same terms and conditions. Therefore, we tailor the terms and conditions to your role, trips, clients, suppliers, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with consumer terms and commercial contracts
  • Attention to booking, cancellation, complaints, and liability
  • Fixed rates in advance where possible

Reviews (21)

Bert

Smooth communication and a clear proposal in the mailbox immediately. We greatly appreciated the pragmatic approach to resolving the bottlenecks. Our customers respond positively to the clear general terms and conditions.

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Ali

Good service and a clear working method. Ample time was taken to discuss the various options and their implications. Fantastic value for money for this level of expertise.

Kevin

Our company was carefully inquired about. The guidance during the drafting of the general terms and conditions was invaluable. The quality fully met our expectations.

Adam

No time was wasted on unnecessary formalities. The revisions were spot-on every time and required virtually no correction on our part. The document was accepted flawlessly by our investors.

Danique

We quickly gained insight into the key risks. The lawyer effectively translated our situation into the document. The service was professional and personal.

Levi

The decisiveness during the first meeting was very pleasant. Communication via email and phone was clear. It is evident that they have a passion for entrepreneurship.

Martijn

The initial meeting immediately instilled confidence in us. The explanation regarding limitation of liability was a real eye-opener for our Management Team. The final result aligns 100% with our high standards.

Nizar

It immediately felt like a partnership rather than a simple service. The process was entirely digital and frictionless, which saved us a lot of time. It is clear that they have a passion for entrepreneurship.

Claudia

The approach was professional and personal. The concept was ready quickly and highly usable. A party that delivers on what it promises on the website.

Yassine

The accessibility of the office is excellent. We greatly appreciated the pragmatic approach taken in resolving the bottlenecks. The service was professional and personal.

Farah

We quickly gained insight into the key risks. The entire process felt like a co-creation rather than a one-sided assignment. A party that delivers on what it promises on its website.

Nora

It was a relief to be helped so quickly. We received excellent advice regarding the division of intellectual property rights. The service was professional and personal.

Robert

The communication was smooth and professional. The final document looked professional. These documents will undoubtedly save us a lot of headaches in the future.

Marieke

The flexibility in scheduling an appointment was very pleasant. The atmosphere during the meetings was always relaxed but highly focused on results. A party that delivers on what it promises on its website.

Inaya

It is clear that they know what they are talking about, right from the first word. It was pleasant that what was important was explained in plain language. The document was accepted flawlessly by our investors.

Anouk

The initial analysis of our documents was razor-sharp. It was clearly indicated what we needed to pay attention to. A reliable partner who strives for perfection in their documents.

Remco

My application via the website was picked up super fast. The personal involvement made us feel truly supported. These documents will undoubtedly save us a lot of headaches in the future.

Soufian

The nuances of our business operations were listened to carefully. The setup of the cooperation agreement was logical and very well structured. It is clear that they have a passion for entrepreneurship.

Paul

It was clear right from the intake that we were dealing with specialists. The explanation of the tests was very helpful. The service was professional and personal.

Ahmed

It is pleasant when a party immediately understands the core of the problem. It was nice that we could call in directly if anything was unclear in the draft. Our customers respond positively to the clear general terms and conditions.

Meet our office

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Why MKB Juristen?

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The following choices determine which provisions you need and how strict or flexible your terms and conditions turn out to be.

Choice or question Why this matters legally
Are you an organizer or a mediator? If you put together your own package tours, you bear much more responsibility than when you merely act as an intermediary for a tour operator.
Do you sell package holidays or individual services? A combination of transport and accommodation quickly falls under the rules for package holidays, with extra protection for the traveler.
Who are your customers, consumers or business? Mandatory protection rules apply to consumers; for business travelers, you have more leeway to make arrangements at your own discretion.
How do you handle cancellations and price changes? The amount of cancellation fees and the conditions for price increases must be reasonable and clear in advance.
Is your deposit protected? For package holidays, a bankruptcy guarantee scheme is mandatory; state with which organization you are affiliated.
Clauses and provisions

Which elements belong in travel agency terms and conditions?

The components below form the basis of workable terms and conditions for a travel agency. Which ones you include and how you implement them depends on your role (organizer or intermediary) and the type of travel you offer.

Provision Relevant to Legal point of attention
Role and capacity Always Determine whether you are a travel organiser (own package holiday) or merely acting as an intermediary on behalf of a tour operator; this determines your liability.
Booking and confirmation Always Describe how a booking is made, when an agreement is binding, and what confirmation the traveler receives.
Prices and payment Always Rules regarding the down payment, remaining payment, payment terms, and the conditions for any price increase.
Cancellation and modification Always State cancellation fees per term, rebooking fees, and the traveler's right to transfer the trip.
Liability and exclusions Always Limit your liability and exclude damage arising from the traveler themselves or third parties, to the extent permitted by law.
Force majeure and unavoidable circumstances Recommended Describe the consequences for cancellation and refunds in the event of strikes, natural disasters, or travel warnings.
Complaints and disputes Recommended Indicate within what timeframe and how a traveler must file a complaint, and which law and authority apply.
Travel documents and traveler obligations Recommended Establish the traveler's own responsibility for passport, visa, vaccinations, and insurance.
Use in practice

How do you use this document correctly?

Terms and conditions only work if the traveler knows and can review them in advance. The steps below ensure that your terms and conditions actually apply.

Situation What should you do? Point of attention
For the booking Make the terms and conditions available in advance and refer to them clearly Conditions apply only if the traveler could reasonably have taken notice of them before concluding the agreement.
For online sales Have the traveler give active consent, for example via a checkbox Demonstrable agreement prevents disputes as to whether the conditions have been accepted.
Upon confirmation Include the terms and conditions or provide a direct link in the booking confirmation This is how you record which version of the terms and conditions applies to this booking.
In case of changes Adjust the terms and conditions in the event of new regulations or a modified offer and date the version Outdated terms and conditions may be invalid in part or no longer align with your working methods.
Common mistakes

Common mistakes

We frequently encounter these errors at travel agencies, and they lead to invalid terms or unexpected liability.

Wrong Consequence Better approach
Adopting someone else's terms and conditions Provisions do not fit your role or offer and may be invalid Have terms and conditions drafted that align with your actual working methods and capacity.
No distinction between organizer and mediator You are liable for errors by suppliers while you only acted as an intermediary Explicitly define your role and align liability accordingly.
Show conditions only after booking The terms and conditions do not apply and may be annulled Make the terms and conditions demonstrably available before the conclusion of the agreement.
Include unreasonable cancellation fees A clause against a consumer can be annulled as unfair Keep costs reasonable and tiered according to the time of cancellation.
Do not mention warranty scheme You do not comply with the obligation regarding insolvency protection for package holidays Join a guarantee fund and mention this in your terms and conditions.
Risk profile

What is your situation and what do you pay attention to?

Depending on your working method, different points of attention apply. Recognize your situation and determine where you should focus your conditions.

Risk profile Example Focus in the document
You put together your own package tours You combine transport, accommodation, or other services into a trip Mandatory traveler protection, insolvency guarantee, and clear liability arrangements.
You act as an intermediary for tour operators You bring travelers and providers together without delivering the trip yourself Stipulate that the tour operator's terms and conditions apply and limit your own role.
You sell online via a website Travelers book and pay remotely Demonstrable agreement, cancellation, and clear information for the booking.
You serve business clients You arrange business trips or group trips for companies Customized agreements regarding invoicing, cancellation, and liability are possible here.
Additional documents

When is this document not enough?

General terms and conditions govern your relationship with the traveler. For other relationships or risks, you require additional documents.

Situation Supplementary document Why
Situation Related document Explanation
You work structurally with a tour operator or partner Cooperation Agreement Record the mutual agreements, division, and liability between you and your partner separately.
You process personal data of travelers via a service provider Data Processing Agreement A separate GDPR agreement is required for engaging an external party that processes data.
A traveler does not pay bills Debt collection Engage our collection service to collect outstanding amounts.
Explanation of this document

Drafting Travel Agency General Terms and Conditions, why?

Not every entrepreneur knows exactly what travel agency terms and conditions are, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal frameworks are important.

What are the general terms and conditions for a travel agency?
General terms and conditions for a travel agency are the standard clauses that a travel organization, travel agent, or travel advisor declares applicable to all agreements with travelers. The travel industry has an extensive statutory and industry-specific framework that largely determines the content of these conditions: the Act on the Implementation of the Package Travel and Linked Travel Arrangements Directive — better known as the Package Travel Act — imposes far-reaching mandatory legal obligations on travel organizers and travel agents. In addition, the trade association ANVR applies its own traveler terms and conditions that must be used by its members. Drafting general terms and conditions for a travel agency is therefore fundamentally different from that for other service companies: you cannot simply draft your own terms, but must take into account what the law and the industry require of you — while simultaneously protecting your own interests as best as possible within those limits. Our lawyers draft general terms and conditions for your travel company that comply with the Package Travel Act, align with your position as a travel organizer or travel agent, and limit your liability risk to the maximum extent.
What is the difference between a tour operator and a travel agent, and why is that crucial for your terms and conditions?
This distinction is the most fundamental issue for any travel agency and fully determines which laws and regulations apply to you. A tour operator compiles package tours themselves and sells them to travelers. Under the Package Travel Act, they are fully liable for the proper execution of the package tour — including the performance of the airlines, hotels, and other service providers engaged by them. A travel agent mediates in the conclusion of an agreement between the traveler and a tour operator or service provider. In principle, they are not liable for the execution of the trip itself, but they are liable for their own mediation service. In practice, the boundary is not always clear: a travel agent who combines two or more travel services and offers them as a single entity may qualify as a tour operator and bear the associated liability — even if they did not intend to do so. Your general terms and conditions must explicitly specify in which capacity you are acting. Our lawyers assess your business model and draft terms and conditions that align with your actual position.
What does the Package Travel Act entail and what obligations does it impose on your travel agency?
The Package Travel Act — which entered into force on 1 July 2018 to implement EU Directive 2015/2302 — imposes an extensive package of mandatory legal obligations on travel organizers from which no derogation to the detriment of the traveller is permitted. The most important obligations are: extensive pre-contractual information obligations regarding the package travel before the traveller is bound; insolvency protection guaranteeing that the traveller receives a refund if the travel organizer goes bankrupt; the traveller's right to price revision only under strict conditions and with a maximum increase of eight percent; the traveller's right to transfer the package travel to another traveller; the right to substantial modification , whereby the traveller can cancel free of charge if the package travel changes substantially; and the right to free cancellation in the event of unavoidable and extraordinary circumstances. Your general terms and conditions must accurately reflect all these rights. A set of conditions that restricts or excludes these rights is void insofar as it deviates to the detriment of the traveller. Our lawyers ensure that your terms and conditions are compliant with the Package Travel Act.
What are the ANVR travel conditions, and are you required to apply them?
The ANVR Travel Conditions are the industry standard of the General Association of Travel Companies (ANVR), drafted in consultation with the Consumers' Association (Consumentenbond) via the SER Self-Regulation Coordination Group. The ANVR Conditions consist of several parts: the ANVR Travel Conditions for Package Tours (§1) for tour operators compiling their own package tours, the ANVR Booking Conditions for Mediation (§3) for travel agents mediating single travel services or non-ANVR package tours, and the ANVR GRA Conditions (§2) for linked travel arrangements. If you are an ANVR member, you are obliged to apply the ANVR Conditions and to adhere to the associated guarantee and dispute resolution schemes. If you are not an ANVR member, you may apply your own conditions, but these must comply with the mandatory legal requirements of the Package Travel Act. In both cases, your own supplementary or deviating provisions must be carefully aligned with the legal framework. Our lawyers will draft the necessary supplementary conditions for you, or a complete set if you are not an ANVR member.
What are the SGR Guarantee and the Calamity Fund, and how do you incorporate them into your terms and conditions?
The Dutch Travel Guarantee Fund (Stichting Garantiefonds Reisgelden - SGR) guarantees the traveler reimbursement of the travel sum and repatriation if a tour operator or travel agent affiliated with the SGR goes bankrupt. Affiliation with the SGR is legally mandatory for tour operators selling package holidays to consumers under the Package Travel Act — insolvency protection is a mandatory legal requirement. The Calamiteitenfonds Reizen ( Travel Calamity Fund) covers additional damages for travelers in the event of calamities such as natural disasters, political unrest, or pandemics that lead to cancellation or early return. Affiliation with the Calamiteitenfonds is not legally mandatory but is standard for ANVR members. Your general terms and conditions must state which guarantee scheme you are affiliated with, how travelers can invoke that guarantee, and what the procedure is. Our lawyers verify whether your guarantee structure complies with legal requirements and is correctly reflected in your terms and conditions.
How do you handle cancellation by the traveler and by yourself in the general terms and conditions?
the cancellation policy is one of the most sensitive aspects of the general terms and conditions, as cancellation fees always lead to disputes among travelers. The Package Travel Act stipulates that a traveler may cancel a package holiday at any time prior to departure upon payment of a reasonable cancellation fee. This fee must be based on the costs already incurred at the time of cancellation, possibly increased by a reasonable profit margin, but may not be a penalty. The ANVR terms and conditions contain scales that serve as a guideline. Of particular interest is the traveler's right to cancel free of charge in the event of unavoidable and extraordinary circumstances at the destination — such as an attack, a serious disease outbreak, or a natural disaster — that substantially affect the package holiday. This right cannot be excluded contractually. Conversely, the tour operator has the right to cancel the package holiday if the minimum number of participants has not been reached or in the event of unavoidable and extraordinary circumstances — but in that case, the traveler is entitled to a full refund. Our lawyers will draft a cancellation policy for you that complies with the Package Travel Act and limits your financial risk as much as possible.
How do you, as a travel agency, limit your liability for defects in the execution of the trip?
The liability for the proper execution of the package holiday is extensive: he is liable for all services forming part of the package holiday, including those of airlines, hotels, and local tour guides, even if he does not perform those services himself. Your general terms and conditions may limit liability to the amount resulting from international treaties — such as the Warsaw or Montreal Convention for air transport, and the Athens Convention for sea voyages — and to the travel sum for other services. Consequential damage and non-material damage may be excluded to a limited extent, but for consumers, the limits of the black and grey lists apply. A particular point of attention is liability in the event of medical emergencies during travel: the death or serious injury of a traveller due to an unsafe activity or defective accommodation can lead to a claim that far exceeds the travel sum. Your professional liability insurance must be tailored to the liability risks associated with your type of travel. Our lawyers draft a limitation of liability policy that aligns with the mandatory legal limits of the Package Travel Act.
What are the information requirements that you must provide before concluding the agreement?
The Package Travel Act imposes extensive pre-contractual information obligations that must be fulfilled before the conclusion of the agreement. The traveller must be informed in a timely and complete manner about the main characteristics of the package tour, the total price including all levies, the payment schedule, the minimum number of participants, passport and visa requirements, health recommendations, cancellation conditions, and the name and contact details of the guarantee scheme and the dispute resolution body. If this information is not provided or is provided incompletely, the traveller may annul the agreement and may be entitled to compensation. Your general terms and conditions and your booking process must together cover the entire flow of information. A common mistake is that the terms and conditions comply with the information obligation, but the booking process on the website or in the quotation does not. Our lawyers check both your terms and conditions and your standard booking communication for compliance.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your business model—tour operator, travel agent, or a combination—your product range, your ANVR membership, and your guarantee structure. Based on this, we draft general terms and conditions for your travel agency that comply with the Package Travel Act, align with the ANVR Travel Conditions where applicable, and limit your liability risk to the maximum extent within mandatory legal limits. We also advise you on aligning your terms and conditions with your booking process, quotation documentation, and website. Do you have existing terms and conditions that you would like to have checked for Package Travel Act compliance? We will assess them for completeness and legal validity and draft the necessary adjustments. Are you involved in a dispute with a traveler regarding cancellation, price revision, or defective execution of the trip? Our lawyers will assist you from initial defense to proceedings before the Travel Disputes Committee or the civil court.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailor-made solutions per travel agency and travel offer

Not every travel agency has the same legal role. Therefore, we do not draft general terms and conditions for travel agencies generically, but tailored to the booking process, suppliers, type of trip, and customer group.

Travel agency

Attention to division of roles, supplier terms and conditions, booking, payment, complaints, and liability.

Package holidays & tour operating

Attention to information obligations, execution, modification, cancellation, force majeure, and traveler rights.

Tailor-made trips

Attention to the program, expectations, suppliers, change costs, travel documents, and complaints.

Group trips

Attention to minimum participation, participants, program changes, tour guides, cancellation, and payment.

Business trips

Focus on service fees, invoicing, traveler data, changes, reporting, and framework agreements.

Online travel platforms

Attention to the booking process, accounts, suppliers, reviews, payment, privacy, and liability.


General terms and conditions for a travel agency must primarily clarify the role of your company. Therefore, we examine organizer, intermediary, suppliers, bookings, cancellation, travel documents, complaints, and liability.

Common mistakes in travel agency terms and conditions

Problems often arise at travel agencies because it is unclear who is responsible for which part of the trip.

  • Failure to clarify the role of organizer, mediator, or advisor
  • Formulating cancellation and modification fees too vaguely
  • Do not mention supplier terms and conditions of airlines, hotels, or local partners
  • Failing to properly define travel documents, visas, and insurance
  • No obligation to report complaints during the trip
  • Tailor-made trips described insufficiently concretely
  • Failure to arrange for force majeure and calamities
  • Privacy regarding passport or health data forgotten

Draft general terms and conditions for your travel agency properly to prevent unnecessary problems in the future. Good terms and conditions clarify in advance what applies regarding booking, payment, cancellation, suppliers, complaints, and travel documents.

Are general terms and conditions mandatory for a travel agency?

No, but they are highly recommended because they establish standard agreements regarding booking, payment, cancellation, travel documents, complaints, and liability.

What is the difference between a tour operator and a travel agent?

An organizer often puts together or sells the trip as a whole. An intermediary brings the traveler and the supplier together. That role influences responsibility and liability.

Can I include cancellation fees in my terms and conditions?

Yes, but they must be clear and communicated to the traveler before booking.

Who is responsible for the passport and visa?

Often, the traveler remains responsible for valid travel documents, but the travel agency must carefully define the scope of information.

Can MKB Juristen review existing travel terms and conditions?

Yes. We check, among other things, role assignment, booking, payment, cancellation, suppliers, travel documents, complaints, force majeure, privacy, and liability.

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Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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