Your liability, their insurance. The tour operator policies we arrange can respond to your legal liability arising from the conduct of contractors, consultants and agents you engage, such as a ground handler in Italy or a local guide in Prague, subject to the wording, the schedule and the underwriter's assessment. They don't insure those contractors. That's why at least one tour operator endorsement we place requires you to take reasonable steps to make sure each European contractor holds its own general liability of at least EUR 5 million. Reasonable steps means a certificate of insurance at the start of the relationship and every year after. Our guide to contract guides, coach companies and suppliers sets out what to collect.
Contracts can take cover away. European ground handlers and coach companies may send their own terms, and some include releases or hold-harmless clauses in their favour. Signing a contract that waives your right to recover from a supplier, without the insurer's prior consent, can remove cover for that claim. Extra liability you take on under a contract can only be covered to the extent you'd have been liable anyway. Send supplier contracts to us before you sign so we can check how they sit with your insurance and seek the insurer's consent where it's needed, and have your lawyer review the contract.
Sold in Australia, delivered in Europe. A guest who buys from an Australian business can bring a claim against that business when something goes wrong. The Australian Consumer Law guarantees that services will be rendered with due care and skill (section 60). In Insight Vacations Pty Ltd v Young [2011] HCA 16, decided under the earlier version of that guarantee, the High Court held the seller of a European coach tour package liable for the service it sold, including a fall on the tour's coach between Prague and Budapest. Refund terms get attention too: in 2021 the ABC reported that a tour company had agreed with the ACCC to pay further refunds after deducting marketing and overhead costs from refunds on cancelled trips. Your cancellation terms need to say plainly what you keep and why. More in our guides to insurance for overseas tours and waivers and booking terms.
European package travel rules. The EU Package Travel Directive (2015/2302) requires member states to make the organiser responsible for the performance of the travel services in a package, whoever performs them (Article 13). Check the current text on EUR-Lex before relying on it. The UK has an equivalent rule in regulation 15 of its Package Travel and Linked Travel Arrangements Regulations 2018. Both apply to packages sold or offered for sale in those markets, and neither text says it applies to an Australian business selling to Australians in Australia. It changes if you sell through a retailer there or market to residents there: regulation 27 in the UK says a retailer selling a package from an organiser based outside the market is subject to the organiser's obligations unless it shows the organiser complies, and Article 20 requires EU member states to provide the same, and insolvency protection rules can reach an organiser based outside those markets (Article 17, and regulation 19 in the UK). Get legal advice before you sell into Europe or the UK.