Extra insurance needed for group travel?
 

This may be more of a legal question than a travel question but I’m hoping some of you may have experience with this and can offer some advice.

I am currently planning my 8th annual group trip to France for this May. As in the past most trip participants are my students in adult French language classes but also include some family members or friends that I do not know well or at all.

For past trips I have been vaguely aware that as the organizer of these trips, I might be putting myself at some risk if one of my travelers should be injured or, God forbid, died during the trip. I have, perhaps naively, hoped that none of my students would hold me responsible in such a case. But even if that is true, their families might not be so forgiving. I do strongly encourage my participants to take out trip cancellation and medical insurance but I can’t force them to do so and even if they do I could perhaps still be held liable.

The most likely scenario would involve a car accident. In the past I have taken no insurance other than my credit card CDW and the rental company’s mandatory liability policy which, as I understand it, covers only third parties, i. e. persons and property outside the rental vehicle. If we have needed a second car I have asked another member of the group to drive and rent that car using the same insurance.

This year my second driver is questioning whether this is adequate and has me thinking about it, too. I have talked with and emailed someone at AutoEurope and have also emailed Europcar in France (likely we will be getting our cars from them) for more info about additional insurance. There are other (expensive) insurance options available such as PAI (Personal Accident Insurance) which offer some protection for the driver and occupants of the rental car, but I am not at all sure that this would protect me or the other driver from a possible law suit.

So, my questions are…

1) Do I and my second driver need some other type of insurance? If so, what and where could I find information about it?

2) Would it be at all helpful to have my participants sign some sort of document absolving us of responsibility in the event of an accident (auto or otherwise) or would it not be “worth the paper it’s written on?”

3) Do I need to speak with a lawyer? If so, would it need to be one familiar with international law?

Hoping someone here can help. Thanks for any advice offered.

I sure don't know the answers to all these, and think there will be some folks who know a lot more about group trips. I think some of the key things you are not stating, which might be helpful. FOr example, you say you are the organizer, but it isn't clear to me if you are really more than just the organizer, it sounds like you are making the reservations and payments and the people on the trip are paying you. I suspect that makes a different (rather than if you were just making some plans and everyone paid their own bills).

As for the car, CC car coverage doesn't cover people at all, it is solely for the car (collision and theft). If you are concerned about someone being hurt in your car which is being driven as part of some official tour where you are getting paid, then I suspect they could sue you, but sure don't know the law. But I know CC coverage typeically doesn't cover people or injuries, you or anyone else (eg, Visa).

When travelling, you will be subject to the law of the countries you are travelling in, which may differ considerably from US. Also an aggrieved group member or their family can sue you for damages back in the US over an incident, which they hold you responsible as a tour organiser.
In the past it wasn't too onerous to be a tour organiser putting together your own trip on behalf of your group. But in this litigious age, you do open yourself to criminal proceedings if loss, injury or death occurs for which you are held liable for lack of care or negligence, and civil liability running into millions. As an individual, you don't have the backing of a large tour and travel company with its own commercial liability insurance, in-house lawyers, bonding and assets.
You can sometimes buy a tour organiser's insurance covering you against some if not all such risks, but you need to read the small print to make sure.
It's so much better to let a tour company organise the trip and you just act as a group leader, collecting the money on its behalf and absolving yourself of any personal liability.

When I participated tours not organized by commercial operators, the organizer always included a liability insurance protecting the organizer from the suits brought on by the participants.

Betty - I don't know what the legal ramifications might be but if I were you I would consult an attorney. Better to be safe than sorry.

Thanks, all, for the replies thus far.

<<For example, you say you are the organizer, but it isn't clear to me if you are really more than just the organizer, it sounds like you are making the reservations and payments and the people on the trip are paying you.>> That is precisely the case. I make all the arrangements, set the itinerary, etc., they pay me (money goes into a separate account but with my name on it) and I pay the bills. I do not make any profit but I also do not participate in certain costs, such as house rentals. Otherwise I pay my own way.

I am not an official tour operator. I see this more as a group of friends who decide to travel together where one of the group (me) volunteers to make arrangements. It just happens that they are also, for the most part, my students. The schools where I give the classes on a volunteer basis, have no responsibility for these trips. All of this is made clear to participants fron the beginning.

greg, would you have any idea what this type of insurance is called or if it would be available through most ordinary insurance companies?

Any other thoughts?

Betty:

I bet my pal George Nevin knows the answer to this. Contact him here:

http://www.intimatefrance.com/

Thanks, StCirq. I've just emailed George.

I'm not an attorney although I got A's in Business Law back in the 70's, which should qualify me to suggest that you contact your insurance agent about an umbrella liability policy.