How to open a travel agency in Spain, including online
By the Relocatia editorial team· published · last reviewed
In short
- In Spain a travel agency is licensed by the autonomous community where its management is based — there is no single national licence.
- An online-only agency is still a travel agency: in Andalucía it files the same declaración responsable and must show its domain name.
- Before trading, an agency selling package travel needs an insolvency guarantee and, in Andalucía, civil liability insurance — in Andalucía at least €100,000 and €900,000 respectively.
- A residence permit from another EU country does not by itself let a non-EU national live or work in Spain; owning a Spanish company and running it from Spain are different questions.
A travel agency is one of the few small businesses in Spain that cannot simply register and start trading. Because it takes customers’ money before the trip happens, EU law requires it to protect that money against its own insolvency, and Spain enforces this through the regions. The company itself is the easy part; the licence, the guarantee and the insurance are what take planning — and they apply just as much to an agency that exists only online.
Who licenses a travel agency
Package travel is governed nationally by Spain’s consumer law, which since Real Decreto-ley 23/2018 implements the EU Package Travel Directive and requires organisers and retailers to guarantee refunds and repatriation if they become insolvent. Who may operate as an agency, and on what terms, is then set by each autonomous community. In Andalucía that is Decreto 114/2023, and an online agency falls under it when its administrative management is effectively centralised in Andalucía.
| Requirement | What it means | Where it comes from |
|---|---|---|
| Declaración responsable | Filed with the regional tourism department before you start; online agencies also give their domain name | Art. 6 |
| Registro de Turismo de Andalucía | Registration follows automatically; the registration code must appear in all advertising | Art. 6 |
| Insolvency guarantee | At least €100,000 in the first year, then 5% of the previous year’s package sales, never below €100,000 — or membership of a collective fund | Art. 10 |
| Civil liability insurance | At least €900,000, split into three blocks of €300,000 | Art. 11 |
| Online-only model | Allowed as its own category; it cannot open branches | Art. 7 |
Other regions follow the same EU logic but set their own forms and figures, so these numbers are Andalusian, not Spanish. If the agency will be run from Madrid, Valencia or Barcelona, check that region’s tourism decree before budgeting.
Selling single services versus packages
The guarantee exists because of packages: a flight and a hotel sold together, or other combinations the law treats as package travel or linked travel arrangements. A business that only passes customers to a hotel or airline, without combining services or taking their money for them, may fall outside these rules — but the line is legal, not commercial, and it is worth having it drawn before you build the booking flow, because the model you choose decides whether you need €100,000 of guarantee at all.
The company: autónomo or SL
A travel agency can be run as a self-employed autónomo or through a limited company (SL). With a guarantee and insurance of this size, and liability towards travellers, most founders choose an SL so that personal assets are kept apart — the trade-offs are set out in our autónomo-versus-SL guide. Either way you need a NIE, a tax registration and a Spanish bank account before the regional filing.
If you are a foreigner
- EU, EEA and Swiss citizens can establish themselves in Spain freely, registering as residents if they stay longer than three months.
- A non-EU national with a residence permit from another EU country cannot rely on it to live or work in Spain. EU long-term residents have a specific route to move to another Member State, but it is still an application to Spain.
- Owning a Spanish company is not the same as working in it from Spain: a non-resident can hold shares with a NIE, while managing the business day to day from Spain needs a status that allows you to work here.
- An agency already licensed in another EU country may open a branch in Andalucía if it holds the guarantee its home state requires (Decreto 114/2023, art. 5).
A sensible order
- Settle your own status: whether you will live and work in Spain, and on what basis.
- Decide the business model — packages, linked arrangements or single services — because it decides the guarantee.
- Choose the region where management will sit, and read its tourism decree.
- Form the company or register as autónomo; get the NIE, tax registration and bank account.
- Arrange the guarantee and the insurance, then file the declaración responsable before the first sale.
This is general information, not legal or tax advice for your case. Rules change — check the review date and the sources, and make decisions with a licensed professional.
Frequently asked questions
Do I need a licence to run an online travel agency in Spain?
Yes, if it organises or sells package travel. In Andalucía an online agency files a declaración responsable, is entered in the Registro de Turismo de Andalucía and needs the same guarantee and insurance as an agency with an office.
How much guarantee does a travel agency need in Andalucía?
Under Decreto 114/2023, at least €100,000 in the first year and then 5% of the previous year’s package sales, never less than €100,000. Joining a collective guarantee fund through a business association is the alternative.
Can I open a travel agency in Spain with a residence permit from another EU country?
You can usually own a Spanish company as a non-resident. Living in Spain and running it from here is a separate question: a residence permit from another EU country does not give that right by itself, so your route to a Spanish status should be checked first.