What PI does and doesn't do. Professional indemnity can respond to a guest's losses caused by your professional error: the wrong dates, a missed transfer, rooms that were never confirmed. On the tour operator policies we arrange, PI generally won't refund the tour price, won't pay where a cost estimate was exceeded, and excludes claims caused by a supplier's insolvency. If a hotel goes broke and takes your deposits with it, that loss stays with your business. More in professional indemnity for tour operators.
Consumer law can ask for more than a refund. Under section 60 of the Australian Consumer Law, services come with a guarantee that they'll be rendered with due care and skill, and section 61 adds guarantees about fitness for a purpose or result the customer made known. In Moore v Scenic Tours Pty Ltd [2020] HCA 17, a European river cruise tour booked in 2012 was severely disrupted by flooding in 2013. The High Court restored the lead plaintiff's award of $10,990 for loss of value plus $2,000 for disappointment and distress, and held that the NSW threshold for non-economic loss didn't stop damages for distress that wasn't the result of an injury. Public liability won't respond without injury or property damage. Parts of a claim like that may fall to PI, depending on the wording and the cause, which is why the professional services described on your schedule need to match what you actually sell.
No fund behind you. The Travel Compensation Fund began winding down on 1 July 2014 and was scheduled to be wound up by the end of 2015. No statutory scheme replaced it. Industry accreditation is voluntary, and the accrediting body's own page says accreditation is not a guarantee of solvency, insurance or a compensation arrangement. When the Australian operations of an overseas travel group, trading under two tour brands, went into voluntary administration in September 2019, the ABC reported on a customer whose credit card travel insurance excluded insolvency. In 2025, the ABC reported that an administrators' report on a collapsed travel company, whose industry accreditation had been cancelled in March 2020, said customers were owed about $1.42 million and alleged it hadn't kept customer money in trust. When a Melbourne tour operator collapsed in 2026, the ABC reported its liquidator said refunds couldn't be paid.
What that means for your own tours. Three things are worth doing: booking terms that say what happens to money when a supplier fails, supplier checks recorded before you pay deposits, and guests who hold travel insurance, knowing their cover for supplier failure varies by policy. For tours outside Australia, at least one specialist tour operator wording we place makes the travel insurance step a condition, and it excludes tours to destinations rated 'Do Not Travel' before departure. See insurance for overseas tours and waivers and booking terms.