A claim can come back to you. An Australian business that sells a tour can face a claim in Australia over what happened on it, even where local suppliers delivered parts of it. In Insight Vacations Pty Ltd v Young [2011] HCA 16, the High Court held the seller of a European coach tour package liable, under the statutory warranty of due care and skill, for the service it sold, including a fall on the tour's coach. The tour operator policies we arrange can respond to your legal liability arising from the conduct of contractors and agents you engage, subject to the wording, but they don't insure the contractors themselves. That's why at least one tour operator endorsement we place asks you to take reasonable steps to confirm contractors outside Australia, Europe, the USA and Canada hold at least USD 1 million liability or the local equivalent. See our guide to contract guides, coach companies and suppliers.
What reasonable steps looks like. Get each contractor's certificate of insurance at the start and every year, with a translation on file if it isn't in English. Check the limit and currency against the minimum. Keep notes of any site, boat or vehicle inspections, and of what you told guests in the pre-departure briefing about local conditions. If a claim comes, that file shows the care you took.
Watch the advice, not just the bookings. At least one wording we place excludes tours in a destination rated Do Not Travel by the Australian Government before the tour starts. If a destination moves to Do Not Travel during a tour, you must make every effort to bring guests home. Guests' own travel insurance can also depend on the advice level. Smartraveller has four levels, and it says a policy may not cover level 3 (Reconsider your need to travel) locations and that standard policies generally won't cover level 4 (Do not travel) destinations. Check Smartraveller before every departure, not only when you build the itinerary. More in our guide to insurance for overseas tours.
Food stops and the disease exclusions. Food you supply on a tour can be treated as a product on the tour operator policies we arrange, but illness from a communicable disease, or a disease notifiable to government, can be excluded on at least one wording we place. Salmonellosis, campylobacteriosis, hepatitis A, typhoid and cholera are all on Australia's national notifiable disease list, published by the Australian Centre for Disease Control. The communicable disease exclusion is separate and doesn't depend on any notifiable list. How the exclusion applies to an illness picked up at a food stop overseas is a question to put to the underwriter before you sell food-led itineraries. Our guide to food and alcohol on tours goes further.
School and youth groups. After a student died on a school expedition to Vietnam in 2019, a Victorian school and the expedition company that ran the trip pleaded guilty to safety charges under Victoria's Occupational Health and Safety Act, AAP reported. If you take school groups to Asia, the education department rules in Victoria and WA set what a government school must ask you for, and both tell schools to refuse a waiver that releases a provider from its own negligence (see the table below). Build your medical disclosure and escalation process before the first departure.