Terms & Conditions

Rafting is in the nature of an “extreme sport” and as such, has inherent dangers and risks, including risk of injury or death to the participant. While your tour guides are skilled and experienced, due to the nature of river rafting, FRANKLIN RIVER RAFTING is unable to be in any way responsible for any injury or death of the participant. Due to the remote location of the tour, medical aid or evacuation can be delayed for hours or even days.

Please carefully read FRANKLIN RIVER RAFTING’s terms and conditions, which include important information regarding the risks and dangers of river rafting, outline your rights and obligations, and limit FRANKLIN RIVER RAFTING’s liability. FRANKLIN RIVER RAFTING’s terms and conditions apply to the extent permitted under law, including under the Competition and Consumer Act 2010 (Cth), and should any clause or part of any clause be in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these terms and conditions without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

1. Bookings can be made by submitting a deposit of AU$400.00 per person, a medical disclosure form and a RELEASE OF LIABILITY & ASSUMATION OF ALL RISKS signed by each of the participants [which must be [18] years or older,] using the online booking forms and direct bank transfer or credit card.

2. These terms and conditions are not binding on FRANKLIN RIVER RAFTING until your booking is accepted and confirmed in writing by FRANKLIN RIVER RAFTING. FRANKLIN RIVER RAFTING reserves the right to accept or deny services to any person for any reason, including due to minimum number requirements, safety and medical reasons.

3. You agree that your tour is subject to FRANKLIN RIVER RAFTING’s minimum number requirements and to water and weather conditions. You agree that FRANKLIN RIVER RAFTING may cancel your booking immediately at its sole discretion:
3.1 if you have not paid the balance of your tour cost by 60 days before departure. In this instance you agree to forfeit your deposit;
3.2 for any reason before departure or during your tour, including due to the change in water and weather conditions and failure to meet FRANKLIN RIVER RAFTING’s minimum number requirements. In this instance, subject to clause 4 below, FRANKLIN RIVER RAFTING will refund all payments made by you, however you agree that FRANKLIN RIVER RAFTING will not be liable for any further amounts, including for any additional expenses incurred by you due to such a cancellation.

4. You agree that FRANKLIN RIVER RAFTING is not liable for any refund or additional costs incurred by you if:
4.1 you, for any reason, arrive late or leave a tour early (including if you have been asked to leave the tour early by FRANKLIN RIVER RAFTING due to you not following their instructions and safety rules); or
4.2 additional portages and changes to planned itineraries occur for a reason beyond FRANKLIN RIVER RAFTING’s control; or
4.3 you are offered a place on the next available tour to your tour cancelled under clause 3.2.

5. If you cancel your tour:
5.1 more than 60 days prior to departure, you agree to forfeit your deposit;
5.2 between 60 days and 8 days prior to departure, you agree to be liable for 75% of the cost of your tour; and
5.3 7 Days or less prior to departure, you agree to be liable for 100% of the cost of your tour.

6. You agree to abide by the instructions and safety rules of FRANKLIN RIVER RAFTING and your tour guides, and accept that due to safety reasons your continued participation is at the sole discretion of FRANKLIN RIVER RAFTING and your tour guides.

7. You agree that FRANKLIN RIVER RAFTING and your tour guides may procure emergency medical or rescue services on your behalf should you become injured or ill or unconscious, and you agree to:
7.1 pay for any emergency medical or rescue services procured on your behalf; and
7.2 indemnify FRANKLIN RIVER RAFTING for any costs paid by FRANKLIN RIVER RAFTING for such medical or rescue services.

8. Bookings are not transferable, and FRANKLIN RIVER RAFTING is under no obligation to accept a replacement participant should you wish to cancel your tour, however it may do so at its sole discretion if you find someone (at your own expense) to replace you on the tour up to 60 days before the scheduled departure date, subject to:
8.1 availability;
8.2 the balance of the tour cost being paid; and
8.3 a signed RELEASE OF LIABILITY & ASSUMATION OF ALL RISKS being received by FRANKLIN RIVER RAFTING from the replacement participant.

9. The cost of your tour does not include, unless stated in writing by FRANKLIN RIVER RAFTING, the cost for any airfares, travel insurance, sleeping bag, extra meals, alcohol, and any items listed in Annexure A.

10. You agree, unless you indicate otherwise to FRANKLIN RIVER RAFTING in writing or on the RELEASE OF LIABILITY & ASSUMATION OF ALL RISKS, that FRANKLIN RIVER RAFTING may take photographs or video of you during the tour, and you agree that FRANKLIN RIVER RAFTING may use parts or all of such photographs or video in promotional activities in any media throughout the world in perpetuity.

11. You agree, unless you indicate otherwise to FRANKLIN RIVER RAFTING in writing or on the RELEASE OF LIABILITY & ASSUMATION OF ALL RISKS, that FRANKLIN RIVER RAFTING may use your contact details to send you promotional materials (which you may subsequently choose to unsubscribe from).

12. The laws applicable in Tasmania govern these terms and conditions, and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania and any courts competent to hear appeals from those courts.

13. In the event of a dispute with FRANKLIN RIVER RAFTING, you agree that:
a decision of an arbitrator governed by the laws of Tasmania shall be binding; and
any ruling against FRANKLIN RIVER RAFTING will be limited to the cost of your tour.

Annexure A

You are responsible to purchase for, and/or require to bring, for the duration of the tour:

Airfares
Accommodation in Hobart (before and after the trip)
Travel insurance
Sleeping bag
Extra meals (Breakfast on day 1 and dinner on day 10)
Medication
Clothing [specified on the clothing list]
Additional personal items such as toiletries etc.