When you design. Choosing sites, building the schedule, advising on etiquette and booking suppliers is professional work. If a mistake in it costs the client money, such as a day lost to a closed site or a booking that was never made, that's what professional indemnity is for. Tour operator PI is typically claims made and notified, and it doesn't refund the program fee, so it can respond to the client's other losses, subject to the wording, the schedule and the underwriter's assessment.
When you run. Leading a group through a precinct, a temple or a workshop puts you in charge of people on the ground, and injury or property damage goes to public liability. Where a local tour company runs the coaches and accommodation, its own policies may respond to that part, and you can still face a claim as the seller. Your policy can still respond to your legal liability for what a contractor does, which is why the underwriter asks how you check your suppliers.
Doing both. Programs for delegations and students can mix the two. One past placement shows the pattern: a cultural tour operator we placed designs programs in both directions and uses local companies for transport and accommodation. Its cover combined $20 million public liability and $1 million PI on one policy. That is one historical result, not a quote: your price and terms depend on your risk. Describe both halves of your business to the underwriter, because the business description on your schedule has to match what you actually do.
The seller of a package can be liable for what it sold. In Insight Vacations Pty Ltd v Young [2011] HCA 16, a European coach tour package was bought in NSW, and the passenger fell when the coach braked suddenly while she was standing to reach a bag on the overhead shelf. The Australian company that sold the tour package was held liable under the statutory warranty that services are supplied with due care and skill, the forerunner of today's consumer guarantee, for the service it sold, including the fall on the tour's coach overseas. The practical point for an outbound cultural program is that the client can sue the business they bought from. Clear booking terms, and checks and certificates for the businesses that deliver each part of your program, are how you manage that.
Inbound programs in Queensland. Queensland regulates inbound tour operators under the Tourism Services Act 2003. The Office of Fair Trading says registration is needed if at least 20% of the travel packages you sold in the last 12 months were Queensland-based tours for overseas travellers, and a mandatory code of conduct applies to inbound tour operators. If your inbound programs for overseas groups go to Queensland, check your position with the Office of Fair Trading before you sell them.