Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Liability for travel agencies
Anyone who puts together a package holiday is answerable in law for the performance of every element, including the flight, the transfer and the excursion someone else provides.
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Work out for yourself what it would cost.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
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In brief
The package travel rules in Book 7 of the Dutch Civil Code place responsibility with the organiser. If something goes wrong with a local coach operator, a hotel or a diving school, the traveller holds you liable and not the provider. You can then seek recovery from that party, but the risk lies with you. This is where a tour organiser stands fundamentally differently from a pure intermediary.
If you act only as a travel agent and arrange individual services, your risk is a different one: the booking error. A wrong date, a misspelled name on a ticket, a missed visa or vaccination requirement or a change not passed on produces pure financial loss. That falls not under liability insurance for businesses but under professional indemnity cover.
Besides insurance there is a statutory obligation: taking part in a guarantee scheme in case you become insolvent. That is not insurance and does not cover your liability. It protects only the traveller's prepaid holiday price. See also public and employers' liability insurance and, for supervision on site, cover for guides.
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What does liability cover for travel agencies?
The structure of the cover in three parts, with an overview per situation below.
Assets and continuity
Business contents, goods and lost turnover during downtime.
- Business contents at replacement value as new
- Goods at cost price
- Business interruption or additional costs
Staff
Sickness absence, accidents and the traffic risk.
- Continued pay for 104 weeks
- Group personal accident
- WEGAS for traffic risks
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
What does your premium depend on?
- Role: organiser or intermediary. Anyone putting package holidays together carries a heavier risk than someone who only resells individual services.
- Number of travellers per year. The number of bookings is the usual rating basis, alongside or instead of turnover.
- Destinations and type of travel. Adventure travel, mountain sports and diving carry a different injury risk from city breaks.
- Your own guides or only local partners. Tour leaders travelling with the group bring their own employer's liability.
- Professional indemnity included or not. Cover for booking errors and advice matters is priced separately.
- Sum insured and excess per claim. Where several travellers are injured at once, the limit per event matters most.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
You answer for providers you do not employ
On a package holiday you are liable for performance by the service providers you engage. In law that ties in with Article 6:171 DCC on non-subordinates. If a traveller is injured on an excursion run by a local partner, that is your file. So record which safety and insurance certificates you requested from that partner and when you last checked them.
Booking errors are pure financial loss
A traveller who misses the plane because of a booking error has no injury and no damaged property. They have only lost money. A public and employers' liability policy covers only property damage and injury and leaves this type of loss out of account. For the administrative side of your work you need professional indemnity cover. The two policies do not cover the same event here.
The guarantee scheme is not liability cover
Membership of a guarantee fund is compulsory and protects the traveller against your insolvency: refunding the holiday price and repatriation. The fund pays nothing for injury, for a holiday that goes wrong or for a booking error. Do not confuse the two; insurers also take this distinction into account in underwriting and ask for proof of membership before issuing a policy.
The duty to inform about documents and health
You have to inform the traveller about passport, visa and health requirements for the destination. If that information is not given and the traveller is refused entry, the loss is your responsibility. Keep the information provided with each booking, including the date. Fines imposed on you by an airline or a border authority remain excluded on every policy as sanction.
Frequently asked questions
This is what people ask us most.
Am I liable for an accident involving a local partner?
On a package holiday, in principle yes. The organiser answers for the performance of all elements of the trip, including those provided by third parties. You can then try to recover the loss from the provider, but as against the traveller you are the point of contact. So document how you selected and checked that partner.
Does the guarantee scheme replace insurance?
No. The guarantee scheme covers only the consequences of your own insolvency: refunding the prepaid holiday price and bringing travellers home. Liability for injury, property damage or a booking error falls entirely outside it. Both are needed, and insurers often ask for proof of membership of the guarantee fund before accepting the risk.
Why does the AVB not cover my booking error?
Public and employers' liability insurance is designed for damage to people and to property. A flight missed because of a wrong date produces only a financial disadvantage, with no injury or damage. That is called pure financial loss and is excluded on the AVB. For that category you take out professional indemnity insurance, with its own sum insured and excess.
Are cancellations due to a natural disaster covered?
Not on your liability policy. That only pays where you are liable for someone else's loss. In cases of force majeure such as an ash cloud or a storm there is no liability, but there is a duty to refund or assist under the package travel rules. That is a business risk you have to absorb contractually and with your liquidity.
Every situation is different. For these situations we have a separate page.
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Read more
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.