Sapna is a content writer at Sprintlaw. She has completed a Bachelor of Laws with a Bachelor of Arts. Since graduating, she has worked primarily in the field of legal research and writing, and now helps Sprintlaw assist small businesses.
Starting a travel agency in 2026 can be an exciting move. Travel demand has rebounded in new ways, customers expect highly personalised planning, and technology has made it possible to build a “small but mighty” agency from a laptop (or a small storefront) with the right systems.
But while the tools have evolved, the legal foundations still matter just as much. A travel agency handles high-value bookings, tight deadlines, third-party suppliers, cancellations, and customer expectations that can change quickly when flights are delayed or borders shift.
That’s why your goal isn’t just to launch a travel agency - it’s to launch one that’s set up to manage risk, get paid properly, and handle disputes without derailing your business.
Below, we’ll walk you through the practical steps to start a travel agency in Australia in 2026, including business setup, core compliance areas, and the key legal documents that help protect you as you grow.
What Does A Travel Agency Look Like In 2026?
When people hear “travel agency”, they sometimes picture a traditional shopfront with brochures and pre-packaged itineraries. That can still work - but in 2026, “travel agency” can also mean:
- An online-only travel planner who builds custom itineraries and books via third-party platforms
- A niche agency specialising in group tours, luxury travel, accessible travel, sports tours, cruises, or corporate travel
- A home-based agency using cloud tools and video consults
- A hybrid model where you offer booking plus paid planning services (itineraries, visa guidance support, concierge-style add-ons)
In practice, many new agencies now earn revenue through a mix of:
- supplier commissions (where available)
- service fees (planning and booking fees)
- package margins (bundling accommodation, tours, transport)
- retainers for corporate or recurring clients
This matters legally because your business model affects how you advertise prices, how you structure your customer terms, and what you need to say about cancellations, refunds, and change fees.
Do You Need Accreditation Or Industry Membership?
There isn’t one single “travel agent licence” across Australia that applies to every travel business. However, depending on how you operate, you may choose (or be required by suppliers) to have specific industry accreditations or memberships.
Even where it’s optional, customers often look for trust signals - and your legal documents (particularly your customer terms) are a big part of building that trust.
Step-By-Step: Setting Up Your Travel Agency Business
If you’re looking for a clear roadmap, these are the core steps we typically recommend you work through before (and as) you start taking bookings.
1. Lock In Your Business Model (And Your Risk Points)
Before you register anything, get clear on what you’re actually selling. Are you:
- booking travel as an agent for customers (and being paid by commission or fees)?
- selling travel packages under your own brand?
- charging planning fees only (with customers booking themselves)?
- handling money on behalf of customers (deposits, progress payments, full prepayment)?
Each model has different legal pressure points. For example, if you accept customer funds, you’ll want very clear terms about when money is considered “paid”, what happens if a supplier changes terms, and how refunds are handled if travel is disrupted.
2. Choose The Right Business Structure
Your business structure affects tax, liability, how you bring on co-founders, and how you appear to suppliers and corporate clients.
Common options include:
- Sole trader: simple to start, but you’re personally responsible for the business’s debts and legal liabilities.
- Partnership: can work if you’re starting with another person, but you’ll want a clear written agreement about roles, profit share, and exit arrangements.
- Company: a separate legal entity, often used when you want to grow, hire staff, sign larger supplier contracts, or limit personal liability (although directors still have important legal responsibilities).
If you’re setting up a company, it’s also worth thinking early about whether you need a Company Constitution (especially if you’ll have multiple owners, outside investors, or special rules about decision-making).
3. Register Your Business (ABN, Business Name, And More)
Most travel agencies will need an ABN and (if you trade under a name that isn’t your personal name) a registered business name.
Many founders handle this early so they can open bank accounts, register domains, and start branding confidently. If you’re ready to formalise your trading name, a business name registration is often one of the first admin steps.
If you decide to operate through a company (for example, “XYZ Travel Pty Ltd”), then you’ll also be registering a company with ASIC and receiving an ACN. A structured Company Set Up can make sure the essentials are done correctly from the start.
4. Set Up Your Sales Channels (And Treat Them Like Legal Touchpoints)
In 2026, your “storefront” is often:
- your website (enquiry forms, itinerary request forms, booking links)
- email and DMs (quotes sent via email, approvals in writing)
- video consults and phone calls
- online payments (invoices, card payments, payment links)
Every one of these channels creates legal risk if your terms aren’t clear. A quote you email, an itinerary draft you send, and the moment a customer pays a deposit are all points where misunderstandings can start.
It’s worth deciding early:
- how you will quote (itemised vs package price)
- how customers “accept” a quote
- how you’ll handle changes and cancellations
- what you do if a supplier cancels or changes terms
5. Build Your Supplier Relationships Properly
Even if you’re a small agency, you’ll likely rely on third parties: airlines, accommodation providers, tour operators, transport providers, travel insurance partners, booking platforms, and wholesalers.
Where possible, document how you work with these suppliers and check:
- who is responsible for customer refunds
- what happens when a supplier changes pricing or availability
- what you can (and can’t) promise customers
- whether you’re allowed to use supplier branding and content
This is also where having the right customer-facing documents becomes crucial, because you’ll often be passing on supplier terms to your customer - but you need to do it in a way that’s clear, fair, and legally compliant.
What Laws Do You Need To Follow?
Running a travel agency in Australia generally means you’ll need to think about consumer law, privacy, marketing rules, and (if you hire) employment law.
The right legal setup helps you prevent disputes. But it also helps if something goes wrong - because with travel, disruptions can happen even when you’ve done everything “right”.
Australian Consumer Law (ACL)
If you sell services to customers, the Australian Consumer Law (ACL) will shape how you advertise, what you promise, and how you handle complaints.
Two areas often matter a lot for travel agencies:
- Advertising and representations: what you say in ads, on your website, and in quotes must be accurate and not misleading.
- Refund and remedy expectations: customers may seek refunds when travel plans change, and you need clear processes that align with your legal obligations and supplier terms.
Even if you didn’t intend to mislead anyone, marketing that creates the wrong impression can create legal exposure. It’s worth understanding how misleading conduct is treated under the ACL, including the principles behind Section 18.
Pricing Rules (Including Fees And Surcharges)
Travel pricing can get complicated fast: base fares, taxes, resort fees, booking fees, card surcharges, currency conversion fees, and “from” pricing.
The key is to display prices clearly and avoid surprising customers at checkout or at invoicing stage. If you advertise prices (particularly online), be careful about how you present total costs and what’s included.
For many businesses, it also helps to understand the general approach to price displays, including principles covered in advertised price laws.
Privacy And Customer Data
Travel agencies handle personal information all the time. Depending on your services, you might collect:
- full names (including names on passports)
- dates of birth
- passport numbers
- emergency contacts
- dietary and accessibility requirements (which can be sensitive information)
- payment details (or at least payment identifiers)
If you’re collecting personal information, you’ll generally want a clear Privacy Policy that explains what you collect, why you collect it, and who you share it with (for example, airlines, hotels, tour operators, and payment providers).
Privacy is also a reputation issue. A clear policy and good internal processes can reduce the risk of complaints and help customers feel confident trusting you with high-stakes details.
Email Marketing And Promotions
Many travel agencies grow through newsletters, waitlists, lead magnets (“free itinerary checklist”), and promotional offers.
If you do email marketing, you’ll want to follow the rules around consent, unsubscribe processes, and what counts as promotional messaging. These obligations are often overlooked during startup mode, but it’s much easier to set up correctly from the beginning.
Employment Law (If You Hire Staff Or Contractors)
You might start solo, but a successful travel agency can grow quickly - especially if you take on corporate accounts, group bookings, or hire independent travel consultants.
If you hire employees, you’ll want an Employment Contract that clearly sets out pay, duties, confidentiality, and expectations around client relationships.
If you engage contractors, make sure the arrangement matches the reality of how they work. Misclassifying a worker can create significant compliance issues later, so it’s worth setting expectations clearly from day one.
What Legal Documents Will You Need?
A travel agency doesn’t just sell “a holiday”. You’re providing a service that involves planning, booking, advising, and coordinating third parties - and your legal documents are what keep that service clear.
Not every travel business needs every document below. But most travel agencies will need a few key pieces in place before they start taking payments and confirming bookings.
- Customer Terms And Conditions: this is where you set the rules of engagement - how bookings are made, when payment is due, how changes work, what happens if a supplier cancels, and how disputes are handled.
- Service Agreement: if you do high-touch planning (especially corporate or premium concierge-style services), a tailored Service Agreement can define scope, fees, timelines, and what’s included (and excluded).
- Website Terms: if you have a website where customers browse packages, submit enquiries, or access content, Website Terms and Conditions help set rules for site use, disclaimers, and key limitations.
- Privacy Collection Notices (Where Relevant): if you collect personal information via forms (especially sensitive information), you may also want a clear collection notice at the point of collection, not just a Privacy Policy buried in the footer.
- Supplier Or Referral Agreements: if you partner with tour operators, hotels, influencers, or other agencies, a written agreement can clarify referral fees, commission splits, responsibilities, and brand usage.
- Employment Contracts And Workplace Policies: if you hire, clear documentation helps prevent misunderstandings about hours, duties, client ownership, and confidentiality.
What Should Your Customer Terms Cover For Travel Bookings?
This is one of the most important parts of running a travel agency because it’s where disputes typically start. Well-drafted customer terms often cover:
- Quotes and price changes (including how long a quote is valid for and what happens if supplier pricing changes)
- Deposits and payment schedules (and when bookings are confirmed)
- Cancellations and change fees (including your fees vs supplier fees)
- Refund handling (how refunds are processed and timeframes)
- Third-party terms (what happens when suppliers have their own terms you must pass on)
- Travel insurance recommendations (including what you do and don’t advise on)
- Limitations of liability (appropriate and fair clauses that set reasonable boundaries)
- Dispute resolution process (so issues don’t immediately escalate)
The goal isn’t to make your terms “harsh”. It’s to make them clear, so customers understand what they’re agreeing to and you can deliver your service confidently.
Do You Need A Contract If You’re “Just Doing Planning”?
Often, yes. Even if you’re not the one processing bookings, planning services can still involve deliverables (itineraries, research, advice), deadlines, and fees.
For example, if a customer pays for a custom itinerary and then decides not to travel, you’ll want clear terms about what happens to your planning fee and what counts as “work delivered”. A simple service agreement can prevent a lot of uncomfortable back-and-forth.
Should You Start From Scratch Or Buy An Existing Agency?
In 2026, you generally have three broad paths:
- Start from scratch (build your own brand and supplier network)
- Buy an existing travel agency (purchase the business and take over clients, systems, and relationships)
- Join an established network (operate under a banner, franchise-like model, or host agency arrangement)
Each path can work - the best option depends on your budget, experience, and how quickly you want to scale.
Starting From Scratch
This option gives you full control over your brand and customer experience.
It also means you need to build your own systems, supplier relationships, and legal foundations. The upside is you can design everything to suit your niche - from your pricing model to your client onboarding process.
Buying An Existing Agency
Buying a business can be a faster way to step into an operating model with existing revenue.
However, it also comes with legal due diligence questions like:
- What exactly are you buying - assets, goodwill, a business name, customer database?
- Are there outstanding customer complaints or refund liabilities?
- Are key supplier relationships transferable?
- Are there staff entitlements, lease obligations, or system contracts that continue after the sale?
If you’re considering buying, it’s worth getting advice early so you understand the risk profile before you sign anything.
Joining A Network Or Franchise-Style Model
Some travel businesses operate under a broader brand, membership group, or franchise-style structure. This can give you tools, templates, supplier access, and brand recognition.
The trade-off is you’ll usually have less flexibility and more ongoing obligations. You’ll also want to carefully review:
- fee structures and commissions
- branding rules
- termination rights
- client ownership (for example, if you leave the network)
These arrangements can be commercially sound - but only if you understand what you’re committing to and how it affects your independence.
Key Takeaways
- Starting a travel agency in 2026 is more than building itineraries - you’ll need clear systems for quoting, acceptance, deposits, cancellations, and supplier changes.
- Your business structure (sole trader, partnership, or company) affects liability, growth options, and how you bring in co-founders or staff.
- Australian Consumer Law (ACL) is central to how you advertise travel services, communicate pricing, and manage customer expectations when plans change.
- If you collect customer data (especially passport and identity details), strong privacy processes and a clear Privacy Policy are essential.
- Well-drafted customer terms, service agreements, and website terms help prevent disputes and make your service feel professional from day one.
- If you’re buying an existing travel agency or joining a network, due diligence and contract review can help you avoid inheriting hidden liabilities.
If you’d like a consultation on starting a travel agency, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.







