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Water Sports – Managing Risk in Tour Operators 

It’s that time of year again when holidaymakers head overseas in search of warmer climates. Many tour operators will be selling packages that either focus on water sports or include them as part of a broader holiday experience. 

 While water sports activities are a key part of the appeal, they also introduce an added layer of risk. 

“Water sports” is a broad term and can include a wide range of activities, such as: 

  • Scuba Diving 
  • Jet skis 
  • Snorkelling 
  • Fishing 
  • Water parks 
  • Conservation trips 
  • Glass-bottom boats 
  • Para sailing 
  • Paddle boards 
  • Open water swimming 

Most of these are perfectly safe when delivered by experienced and reputable providers. However, when incidents do occur, the consequences can be serious due to the environments involved. 

What tour operators need to consider 

If you are including water sports activities within a pre-booked package, there are several practical steps you can take to help protect your business while also enhancing passenger safety: 

Carry out thorough supplier checks
Assess experience, equipment quality, reputation, and local knowledge (including weather and tidal conditions). 

Do not operate activities yourselves
Piloting boats or running activities directly can fall outside the scope of many tour operator liability policies. 
Check supplier insurance
Ensure that all third-party providers hold adequate public liability cover. 
Put robust contracts in place
Contracts should clearly define that the supplier is responsible for their own actions and liabilities. 
Undertake your own risk assessments
These should be documented, regularly reviewed and kept up to date. 
Review emergency preparedness
Confirm that suppliers have appropriate first aid provision and clear emergency response plans. 
Inform your customers
Make sure travellers understand the importance of having travel insurance that covers water sports activities. Some policies exclude these as standard. 
Stay compliant with local regulations
Both you and your suppliers should be aligned with all relevant local health and safety requirements. 
Hotels, water parks and all-inclusive packages 

If your packages include hotels with on-site water parks or slides, additional care is needed. 

You should: 

  • Obtain written confirmation that the hotel holds appropriate licences and liability insurance 
  • Ensure adequate lifeguard supervision is always in place 
  • Check that pool depth markings are clearly displayed to discourage unsafe behaviour 

All water slides, pools and associated facilities should be regularly inspected by qualified engineers or inspectors to confirm they are safe, properly maintained, and fit for purpose. This should include not only the slides themselves, but also supporting infrastructure such as stairways and access points. 

Particular attention should be given where children’s and adult swimming areas are located close together. In these cases, consistent lifeguard supervision is critical to reduce the risk of unattended children entering deeper water. 

Package Clarity & Liability 

If these facilities are not formally included within a pre-booked package, customers must be clearly informed that: 

  • Use of such facilities is at their own risk, and 
  • Any participation is arranged directly with local suppliers 

However, this position can be difficult to rely on if water parks or slides are featured in marketing or pre-sale materials. A lack of clarity may expose your business to unnecessary liability and financial risk. 

For more information on risk management, liability cover, or reviewing supplier contracts and booking conditions reviews, please contact: 

Alan.pattison@jensten.co.uk (Managing Director) 

Lee.hills@jensten.co.uk (Senior Advisor) 

Tel: 0203 750 5234

Author

Alan Pattison
Managing Director