Mark Pestronk
Q: I am just starting out in the travel business, as a home-based agent, and I need advice on just about everything: incorporation, insurance, business licenses, seller of travel laws, host agency contracts, liability, disclaimers, group contracts, DOT regulations, etc. How can I learn more as inexpensively as possible?
A: Yours is a common question. There appears to be a wave of home-based start-ups in the travel business in both agency and tour operations.
For 30 years, I have been writing columns for Travel Weekly, and I have had the "Legal Briefs" column for the last 25 years. Many of these columns are searchable online at www.travelweekly.com. Here are links to some of my columns that may interest you as a home-based start-up:
• Setting up a corporation or limited liability company
• Corporate formalities
• First steps
• Starting operations
• Errors and omissions insurance
• Risk management
• Exemption from seller of travel laws
• Independent contractor agreements
• DOT rules on full-price quotes and code share quotes
• Liability
• Disclaimers
- You can find sample disclaimers here.
• Group contracts
• Document retention
While it is possible to take all these legal steps without a lawyer, I recommend that you consult one with experience in business formation and contract drafting. Even if the lawyer does not draft any documents for you, you can make sure that the steps you're taking make sense under the law.