Why PI carries more weight. In a luxury itinerary, much of the value is in your design and your supplier choices. If a planning error spoils part of the trip, the guest's losses can include extra accommodation, replacement transfers and missed pre-paid experiences. Under the Australian Consumer Law, damages for a failed consumer guarantee can also include disappointment and distress, as the High Court confirmed in Moore v Scenic Tours Pty Ltd [2020] HCA 17. Whether PI responds to disappointment and distress damages is an open question for the underwriter. PI can respond to civil liability from your professional services, but not to a refund of the tour price. See professional indemnity for tour operators.
Setting the limit. PI on the tour operator policies we arrange is typically claims made and notified, with an aggregate limit, and several claims from one itinerary error can be treated as a single claim with one limit and one excess. When you choose a limit, weigh your largest booking and your largest group, not only your typical one, ask us whether a higher PI limit is available, and check whether corporate or incentive buyers set a minimum in their contracts.
The supplier chain. Premium lodges, private drivers and charter operators should hold their own liability cover, and at least one specialist wording we place requires reasonable steps to check it, such as AUD 10 million in Australia. Supplier insolvency is excluded, and so is any loss of cover caused by waiving your recovery rights in a supplier contract without the insurer's consent. Before you sign a lodge's or charter company's terms, send them to us so we can check how they sit with your insurance, and have your lawyer review them. See contract guides, coach companies and suppliers.
Flights, helicopters and aircraft exclusions. At least one specialist wording we place excludes aircraft of any kind used by or for you, with no size carve-back, and its tour operator endorsement separately excludes helicopter activities, heli-hiking, heli-skiing and hot air balloon rides. A drone used for guest photos is an aircraft under that wording too. If a helicopter transfer or scenic flight is part of the itinerary, make it the aviation operator's product in your booking terms, collect that operator's certificate of currency, and tell the underwriter the flight exists. See what's covered and what's excluded.
Exclusive access and private land. Luxury itineraries sell access: a private viewing, a closed site, a remote property. Only promise access you hold in writing. In 2003 the company that then operated a resort near Uluru gave the ACCC a court-enforceable undertaking after promoting tours onto Aboriginal land without a Central Land Council permit or an agreement with the Aboriginal owners. Park authorities also set their own insurance minimums, which a private tour doesn't escape. See national park and council permit insurance requirements.