Liability for Travel Organizations without Travel Agency

Questioner

What are the consequences for me as a person if I organize a trip for a group (read: association) without a travel agency?

Lawyer

It is so important in what 'form' you organize the trip. If you are an advocate, you can be held accountable for any shortcomings and you have to take that into account.

Questioner

I would very much like to know whether I can also be held financially liable, for example in the event of bankruptcy or an accident during the trip. If this is the case, I can undo this if, for example, when closing and in the papers that the guests receive, I write that we (read: management) are not responsible for, in particular, bankruptcy, accident, etc. I look forward to hearing from you,

Lawyer

If you operate as a company or private individual, you may be able to exclude some things. You could make this known by including an exemption clause in your agreement. An exemption clause or exoneration clause is a contractual provision in which (legal) liability is wholly or partially excluded in certain situations. An appeal to an exemption clause will not be honored if the clause is contrary to morality or public order. Even if damage was caused intentionally or through recklessness, the person causing the damage cannot generally appeal to an exemption clause. In the event that an exemption clause is agreed with a private individual, the rules for a valid clause are stricter than for an agreement with an entrepreneur, as already seen above. Also in the event that the exemption clause is agreed with a private individual in the general terms and conditions, it is more quickly invalid. In the case of a private individual, it is easy to demonstrate this: the law has drawn up the grey list for this purpose. This means that the exemption clause is presumed to be unreasonably onerous. Counter-evidence from the user of the general terms and conditions is possible, but is difficult. If you need a helping hand in drawing up the agreements, please let me know.