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tour operators - public liablilty

Posted: Fri May 30, 2008 11:30 pm
by jonamaphone1
if you are a smalltime tour operator can u please pm me i just want to know about any hassles and costs you had setting up your business, especially how much you pay for public liablilty.

Posted: Sat May 31, 2008 9:24 am
by thehanko
thats me. but unless you find someone running a similar tour then you arent comparing apples with apples.

for instance bike tours are easy to ensure, motor nike tours arent. etc etc.

The hardest part is that you can be totally sure of the safety of your tour but they might not be.

Before you start have every concievable bit of paperwork sorted.

basic checklist:
your qualifications (if needed for the tour)
first aid cert + first aid kit.
equipment saftey checks for each tour
maps of each tour area - these need to be detailed with various things inc:
exit strategies if things go to shite.
safe sleep out spots.
where mobile reception might be found if any.
rescue points if your saftey man has to call in the fuzz.

a rescue plan inc:
a rescue caller - wife, mate etc who knows where you have gone and when you will be back.
strategies which outline at what point they check exit spots or call for the recuse team.

Risk Assessment of the tour:
this can be simple or extensive, best to go extensive:

eg:
out in the bush so insect bites are a concern : outcome provide insect repellent, carry sting goes, carry antihistamines no the bad spiders and their treatment - any bite from a dangerous animal or bad reaction to an insect bite results in exit strategy 1.

motor vehicle accident: etc etc

so list the risk, the possibole outcomes and then your way to manage it.

its ok to have people do slightly risky thing as long as they know the risks.

Also get a liability waiver which at least might save your arse if they are fucwits and dont follow instructions. eg you will not consume alcohol on the tour sig... then they drink and thus the shite goes bad - they were warned and you have proof that they knew drinking was bad.

council/national parks approval letter.

Once you have all that relavent stuff sorted then shop around. keep going untilo you find a broker who understands what your doing and does it at a fair price.


hope that helps

Posted: Sat May 31, 2008 10:02 am
by jonamaphone1
that was very helpful thanks.

Posted: Sat May 31, 2008 1:06 pm
by v6hilux
thehanko wrote:Also get a liability waiver eg you will not consume alcohol on the tour sig... then they drink and thus the shite goes bad - they were warned and you have proof that they knew drinking was bad.
With the above statement in mind, I would like to interject! Need this issue clear-up.

My question is related to a story I heard about dangerous dogs and owners placing signs on their property fence stating they have a dangerous dog inside. It's my understanding, this is an admission of guilt or liability if an incident was to occur!

So, is knowing a dangerous situation is possible and allowing said situation to be present and possible a big liability?

Posted: Sat May 31, 2008 1:57 pm
by thehanko
Owning a dangerous dog is illegal. putting up a sign saying so doesnt change that.

If an accident occurs on a commercial opperation and it is a risk you have recognised and taken measures to minimalise, then that is not as bad for your future as if you had simply ignored it.

For example, if you are doing a canoeing tour (as i do).

We get in and out on wet rocks - there is a risk there:

If I ignore it and someone is hurt I could be liable.

If I note it as a risk, which could result in someone slipping and receiving a likelyhood of a minor, with a possibility of a major injury then I can plan around it.

The risk reduction Plan, ensure each customer is assisted to get in and out of the kayak, warn them of the slippery wet rocks and recommend they get out onto all four limbs to avoid slipping until they have moved the 1m up to the dry rocks. if they ignore me and get out and stand up then fall on their arse, not my fault. If injury occurs proceed with First Aid Plan.

then first aid plan would have relevant rescue or return to civilisation plans in it.

Similarly it is ok to expect people can do normal things without needing a baby sitter. If they pour hot water on them selves making a cup of tea thats not your fault. however if you dont offer effective first aid and it turns septic while on camp and gets amputated due to your neglect then it is your fault.

You cannot expect people to be safe around a dangerous dog, this is not an assumed skill.

PLEASE NOTE: NOT RECOGNISING A LEGITAMITE RISK AS A RISK MAKES YOU WIDE OPEN TO GROSE MISCONDUCT AND EVEN CRIMINAL CHARGES.

BUT RECOGNISING THE RISK IS ONLY HALF OF IT. YOU ALSO HAVE TO MINIMISE THE RISK.

IE SHOOT THE DANGEROUS DOG!