41 South creates and coordinates bespoke travel experiences that may include adventure activities and travel through natural, remote and changing environments.

Activities included within a 41 South itinerary may be provided by independent third-party operators.

Each third-party operator is responsible for the operation and safety management of its own activities and may require participants to complete separate waivers, medical declarations or other participation documentation.

The operator's specific risk information, safety requirements and participation conditions apply to the activity they provide.

Participation in adventure activities involves inherent risks. Some risks can be reduced through appropriate planning, equipment, supervision and safety procedures, but they cannot be completely eliminated.

Nothing in this Risk Disclosure excludes, restricts or modifies any right, remedy, guarantee, duty or liability that cannot lawfully be excluded or limited under New Zealand law.

1. SAFETY

Safety is a primary consideration in the planning and delivery of every journey.

41 South and relevant third-party operators will assess and manage risks so far as is reasonably practicable and in accordance with applicable New Zealand health and safety requirements.

Participants must follow reasonable safety instructions provided by 41 South, guides, pilots, drivers, activity operators and other personnel.

A planned activity may be changed, delayed or cancelled where conditions are considered unsuitable or unsafe.

2. ACTIVITIES

Depending on the itinerary, activities may include:

• White-water rafting

• Kayaking

• Surfing

• Hiking and trekking

• Mountain biking

• Boating

• Swimming and water activities

• Four-wheel driving

• Helicopter travel

• Remote camping

• Travel through alpine or backcountry environments

• Other outdoor or adventure activities

The specific activities applicable to your journey will be identified in your itinerary and pre-trip information.

3. WEATHER AND ENVIRONMENTAL CONDITIONS

New Zealand weather and environmental conditions can change rapidly.

Risks may include:

• Heavy rain

• Flooding

• High winds

• Cold temperatures

• Heat

• Sun exposure

• Reduced visibility

• Snow and ice

• Changing river levels

• Changing surf conditions

• Rockfall

• Unstable terrain

• Other natural hazards

Weather or environmental conditions may require changes to the itinerary or cancellation of an activity.

4. RIVERS AND WHITE-WATER ACTIVITIES

River activities may involve risks associated with moving water and changing river conditions.

These may include:

• Falls into moving water

• Collisions with rocks or equipment

• Entrapment

• Capsizing

• Strainers and other river hazards

• Changing water levels

• Cold-water exposure

• Drowning

• Equipment failure

• Delayed access to emergency assistance

Participants must follow all instructions provided by their guide or activity operator.

5. SURFING AND OCEAN ACTIVITIES

Surfing and ocean activities involve risks associated with changing marine conditions.

These may include:

• Waves and currents

• Rips

• Submerged objects

• Collisions

• Falls

• Impact with the seabed

• Marine life

• Cold-water exposure

• Equipment failure

• Drowning

Participants must follow the instructions of their guide or activity operator and must not enter the water when instructed not to do so.

6. HIKING, TREKKING AND REMOTE TERRAIN

Walking and hiking may involve uneven, steep, slippery or unstable terrain.

Risks may include:

• Slips and falls

• Rockfall

• River crossings

• Exposure to weather

• Fatigue

• Navigation errors

• Falling objects

• Injury

• Becoming separated from the group

• Delayed access to medical assistance

Remote environments may have limited mobile phone coverage and limited access to emergency services.

7. AVIATION AND HELICOPTER TRAVEL

Helicopter and other aviation activities involve inherent aviation risks.

These may include:

• Changing weather

• Turbulence

• Reduced visibility

• Landing-area hazards

• Mechanical or equipment failure

• Operational delays

• Emergency landing

• Injury during boarding or disembarkation

• Serious injury or death in the event of an aviation accident

Aviation services arranged by 41 South may be provided by independent aviation operators.

Those operators are responsible for their aviation operations and applicable aviation safety requirements.

Flights may be delayed, altered or cancelled where weather or operational conditions are unsuitable.

8. ROAD AND VEHICLE TRAVEL

Travel by car, van, four-wheel-drive vehicle or other road vehicle involves risks including:

• Vehicle accidents

• Changing road conditions

• Gravel and unsealed roads

• Weather

• Landslides

• Road closures

• Other road users

• Mechanical failure

• Driver error

Where a Client drives a vehicle, the Client is responsible for complying with all applicable road rules and rental-provider requirements.

9. EQUIPMENT

Adventure activities may involve the use of specialist equipment.

Equipment can fail, be damaged or be used incorrectly.

Participants must use equipment as instructed and must immediately report damaged, defective or incorrectly fitted equipment.

Participants must not use equipment in a manner inconsistent with instructions provided by 41 South or the relevant activity operator.

10. PHYSICAL FITNESS AND MEDICAL INFORMATION

Some activities require a reasonable level of physical fitness.

Participants must consider whether they are physically capable of participating in the activities included in their itinerary.

Participants must provide accurate information about any medical condition, injury, allergy, disability, medication or other circumstance that may reasonably affect their ability to participate safely.

Where appropriate, participants should obtain medical advice before participating.

41 South or a third-party operator may require additional medical information or may determine that a participant cannot safely participate in a particular activity.

11. REMOTE LOCATIONS AND EMERGENCIES

Some 41 South journeys take place in remote locations where emergency services or medical facilities may not be immediately accessible.

Emergency response may be affected by:

• Weather

• Terrain

• Distance

• Communications coverage

• Aviation availability

• Road access

• Other operational conditions

Emergency evacuation may take time and may not always be immediately possible.

Participants should ensure their travel insurance provides appropriate cover for emergency medical treatment, evacuation and repatriation.

12. NATURAL HAZARDS

New Zealand is subject to natural hazards including:

• Earthquakes

• Volcanic activity

• Landslides

• Floods

• Storms

• Avalanches

• Rockfall

• Tsunami

• Other environmental hazards

The presence and likelihood of particular hazards will depend on the location and activity.

13. WILDLIFE AND NATURAL ENVIRONMENT

Participants may encounter wildlife, insects, plants and other natural hazards.

Participants must follow instructions regarding wildlife encounters and must not intentionally approach, feed or interfere with wildlife.

14. PARTICIPANT RESPONSIBILITIES

Participants must:

• Follow safety briefings and reasonable instructions

• Use required safety equipment

• Remain with the group where instructed

• Advise their guide of relevant concerns or changes in their condition

• Disclose relevant medical and fitness information

• Not participate while intoxicated

• Behave in a manner that does not create an unreasonable risk to themselves or others

• Immediately report hazards, injuries, equipment problems or other safety concerns

Failure to follow safety instructions may increase the risk of injury and may result in removal from an activity.

15. THIRD-PARTY ACTIVITY OPERATORS

Some activities included in a 41 South itinerary are provided by independent third-party operators.

Those operators may have their own:

• Risk disclosures

• Safety requirements

• Participation requirements

• Medical declarations

• Waivers

• Age limits

• Equipment requirements

• Cancellation conditions

Participants must comply with the requirements of the relevant operator.

Where required, participants may need to sign additional documentation before participating.

The third-party operator's specific terms, safety requirements and waiver apply to the activity they provide.

16. PARTICIPANT ACKNOWLEDGEMENT

By booking or participating in a 41 South journey, you acknowledge that:

• You have been provided with information about the nature of the activities and relevant risks

• You understand that adventure activities involve inherent risks

• You understand that some risks cannot be completely eliminated

• You will follow reasonable safety instructions

• You will provide accurate and relevant medical and fitness information

• You will advise 41 South or the relevant operator if your ability to participate safely changes

• You understand that weather, environmental, operational and safety conditions may require an activity or itinerary to be changed or cancelled

• You understand that activities provided by third-party operators are subject to those operators' own terms, conditions, safety requirements and participation documentation

This acknowledgement does not exclude or limit any legal right, remedy, guarantee, duty or liability that cannot lawfully be excluded or limited.

17. FURTHER INFORMATION

If you are unsure whether you are physically or medically suited to an activity, or if you require clarification about a particular risk, contact 41 South before participating.

41 SOUTH LIMITED
NZBN: 9429053180537
New Zealand
hello@41southnz.com