Public area · staff · package travel
Liability insurance for a travel agency
A travel agency has a shop with members of the public, staff behind the counter and a booking system full of personal data. Each of those three leads to a different kind of claim.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een reisbureau.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance (AVB) is intended for injury and property damage suffered by others. At a travel agency that damage comes from the public area: a wet floor at the entrance, a loose mat, an advertising board that falls over, a doorframe or shopfront that gives way. For defects in the premises and the fixed fit-out, Article 6:174 of the Dutch Civil Codeapplies: the possessor is liable, even without fault of his own. If you rent the shop, ask expressly for the tenant's liability section for fire and water damage to the premises rented.
The second section is employers' liability. Counter and screen work produces few spectacular accidents, but it does produce complaints in the neck, shoulders and wrists, and occasionally aggression from a client who has lost his trip. Article 7:658 of the Dutch Civil Code places the burden of proof on you: you must show that the workplace, the instructions and an aggression protocol were in order. Through subsection 4 that also applies to agency workers and trainees.
What it does not cover is the heart of your business. A complaint about a trip booked wrongly, a missed connection or a change that was not passed on is pure financial loss and belongs on a professional indemnity insurance. If you put packages together yourself, you are a tour organiser and the obligations under Article 7:507 of the Dutch Civil Code and the security provided under Article 7:512 of the Dutch Civil Code apply, through a guarantee fund. You can read more about the sector at liability insurance for recreation and tourism.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four subjects that make the difference at a travel agency with a shop and staff.
The shop as a public area
You decide yourself when the floor is mopped, where the banners stand and whether the entrance stays safe in the rain. Record cleaning rounds and checks. If someone falls, that logbook is your evidence. Damage to the rented space itself falls under the policy only if tenant's liability is included.
Reselling or organising yourself
If you sell a tour operator's product, performance rests with the operator. If you combine flights, hotels and excursions into one trip, you are a tour operator and liable for its performance. Make sure the capacity on the policy schedule covers that way of working, and report extensions in good time under Article 7:928 of the Dutch Civil Code.
Booking system and personal data
Passport copies, dates of birth and payment details of whole families sit in one system. If that file leaks, Article 82 of the GDPR gives the people concerned a right to compensation of their own. Remediation costs, notification and liability towards clients belong on a cyber insurance; administrative fines are excluded.
Standstill after a loss
The AVB pays only for other people's losses. If your shop has to close after fire or water damage, you carry the lost margin and the continuing costs yourself, unless you have placed those on a business interruption insurance. Theft from the till is not a liability loss either.
What does your premium depend on?
- Annual turnover: the booking volume determines the exposure
- Payroll and number of employees: the yardstick for the employers' liability section
- Shop floor area and public access: more visitors means more risk of falls
- Role as organiser: your own packages weigh more heavily than intermediary work
- Whether the premises are rented or owned: this determines whether tenant's liability cover is needed
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| An advertising column outside the shop blows over and damages a parked car | Yes | No |
| A child pulls over a brochure rack in the shop and suffers a head wound | Yes | No |
| You book a family on the wrong departure date and they miss their flight | No | Yes |
| A client is injured on an excursion from the package you put together yourself | Provided that | No |
| A counter assistant becomes unfit for work after a violent incident at the counter | Provided that | No |
| Customers demand their deposit back after the tour operator goes bankrupt | No | No |
The AVB covers what happens in and around the shop, the BAV what goes wrong in the booking. A supplier's insolvency falls under neither.
Frequently asked questions
This is what people ask us most.
A client slips in the shop. Is that covered?
Yes, injury to a visitor in your business premises is the classic AVB case. The insurer will look at what you did by way of prevention: cleaning rounds, warning signs for a wet floor and the maintenance of floors and thresholds. Where there is a defect in the premises themselves, Article 6:174 of the Dutch Civil Code also applies, which makes the possessor liable without any fault being needed.
Our employee is attacked by a client demanding his money back. What now?
Injury to staff falls under employers' liability, provided that section is included. Where clients become aggressive, the insurer checks whether you had a protocol, whether staff were briefed and whether the counter area was laid out safely. That is the same duty of care under Article 7:658 of the Dutch Civil Code that applies in physical work.
We only sell other parties' trips. Is an AVB worthwhile then?
Yes, because your risk lies in the premises and the staff, not in the travel product. As long as you receive the public and employ people, the AVB remains the basis. For mistakes in the booking or the advice you also need professional indemnity insurance, because that loss consists of money and not of injury or damaged property.
Are fines for a data breach insured?
No. Administrative fines and penalty payments are excluded on virtually every policy, because they are a sanction and not compensation. What is insurable are the costs of investigation, forensic recovery, informing the people concerned and the liability towards clients whose data has leaked. Cyber insurance arranges that.
Read more
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