Why do rafting and canyon tours require a special legal assessment?
Rafting and canyoning involve a higher physical risk than a classic excursion or transport service. However, a high risk does not reduce the organizer’s duty of care; on the contrary, it makes the safety planning of a professional organization more important.
Natural risk and operator fault must be distinguished
The flow of the river, slippery rock, sudden changes in level and a narrow canyon structure may be natural features of the activity.
By contrast, the following situations fall more directly within the operator’s sphere of control:
- choice of an unsuitable course,
- an inadequate or unlicensed guide,
- an incomplete briefing,
- a defective life jacket or helmet,
- an unsuitable raft, paddle, rope or carabiner,
- an overcrowded group,
- failure to check water flow and the weather,
- starting the tour in dangerous weather conditions,
- the absence of an evacuation and first aid plan.
A participant saying “I knew it was a risky activity” does not automatically release the operator
By taking part in a rafting or canyon tour, a person accepts the ordinary and obvious risks of the activity. However, this acceptance does not remove the professional operator’s own negligence, the use of non-standard equipment or a deficiency in safety procedures.
What does the Regulation on Sporting Activities for Tourism Purposes provide for rafting?
The Regulation expressly defines rafting as a sporting activity for tourism purposes and establishes a permit/competence system for safe organization.
Who may carry out the activity?
Sporting activities for tourism purposes are carried out by authorized operators that have obtained the necessary permits within the procedures and principles laid down in the Regulation.
Separate competence for each type of activity and each course is important
The certificate of competence (yeterlilik belgesi) is issued separately for each type of sporting tourism activity and for each course. For this reason, the fact that an operator can carry out general tourism activities does not mean that it automatically has authority to operate on every rafting or canyon course.
Competence of the guide or personnel in the relevant sport is required
The operator must submit, for its personnel, a license or certificate of competence obtained from the relevant sports federation.
This shows that, in an accident, one should not be satisfied merely with the guide saying that they are “experienced”. Whether they were actually authorized and competent on the date of the incident must be investigated through documents.
The use and test certificates of equipment are important
Use certificates and test certificates of the materials or vehicles used in the activity, in accordance with the relevant legislation, are among the elements required in the application for competence.
For this reason, the maintenance and test history of equipment such as helmets, life jackets, rafts, ropes, safety harnesses, carabiners, rescue lines or transfer vehicles may directly become evidence after an accident.
Mandatory accident and financial liability insurance
The Regulation lists accident insurance and a financial liability insurance policy for the personnel and tourists taking part in a sporting activity for tourism purposes among the mandatory documents.
These insurances do not eliminate the operator’s fault; however, they are additionally important in the injured person’s routes to compensation.
First aid equipment
Keeping first aid equipment suitable for the activity is among the special conditions. In areas that are difficult to access, such as canyons, not only a basic kit but also an evacuation and communication plan suited to the risk of the activity must be assessed separately in the specific case.
What did the amendment of October 2, 2026 introduce?
The amendment published in Official Gazette No. 33388 of October 2, 2026 added a new paragraph to Article 7 of the Regulation on course areas.
The amendment concerns the allocation of course areas
The provision concerns the allocation/leasing mechanism for course areas and contact points requested by the Ministry, provided that they comply with the Coastal Law (Kıyı Kanunu) and the provisions of the approved zoning plan.
It does not remove the safety rules
This amendment did not remove personnel competence, equipment, insurance, first aid and the special conditions determined by the governorate (valilik). For this reason, the 2026 amendment cannot be interpreted as “rafting safety requirements have been abolished”.
Why is the choice of course at the center of liability?
In rafting accidents, different sections even of the same river may have different levels of difficulty.
Suitability of the course for the participant’s level
A tourist rafting for the first time and a professional athlete cannot be assessed on the same course and under the same conditions.
The operator must reasonably take into account the following factors:
- age,
- swimming ability,
- health condition,
- experience,
- the technical difficulty of the course
Even official Antalya sources draw attention to differences between courses
The Antalya Provincial Directorate of Culture and Tourism (Antalya İl Kültür ve Turizm Müdürlüğü) states that some sections of the Köprüçay are suitable for a wide age group, while some sections may be suitable for professional athletes; and, with respect to the Manavgat River, it states the importance of water flow and that some courses may be dangerous for amateur groups.
This shows that the information “the river was open for rafting” is not sufficient on its own; in which section, at which water flow and with which participant group the activity was carried out is what matters.
Why is water flow legal evidence?
The flow rate of the river directly affects the difficulty and risk level of the rafting activity.
High water flow
A high flow rate:
- may make it harder to control the raft,
- may increase the likelihood of capsizing,
- may make rescuing a swimmer more difficult,
- may increase the risk of striking rocks and obstacles.
Low water flow
A low water level may also create risk; striking rocks or the raft getting stuck may become more likely.
How is the water flow record investigated in the file?
The following records relating to the date of the incident may be examined:
- meteorological data,
- dam or flow measurement records,
- warnings from the local administration,
- the operator’s own course inspection records,
- whether other tour companies stopped activities on the same day
Sudden rainfall and flood risk
In canyon activities, rainfall in the upper catchment may cause a sudden rise in water even if it is not raining at the point where the participants are.
The weather should not be checked only at the starting point
A professional organization may need to take into account the canyon’s catchment basin and rainfall in the upper areas.
What happens if there is a meteorological warning?
Starting the tour despite an official warning of heavy rainfall, flooding or a storm may aggravate the assessment of the operator’s fault, provided that an adequate causal link with the incident is established.
Genuine force majeure and a foreseeable weather risk must be distinguished
A sudden natural event that could not objectively be foreseen is not the same as a risk for which there was a prior warning or which an experienced guide should have noticed.
What should a safety briefing look like?
The safety briefing on a rafting tour is not a formality.
Basic content
Depending on the nature of the activity, at least the following must be explained to the participant:
- how to sit and hold on in the raft,
- use of the paddle,
- what to do if the raft capsizes,
- the position to take when falling into the water,
- use of the rescue rope,
- the guide’s commands,
- conduct in dangerous sections,
- prohibited movements
A language the foreign tourist can understand
Giving the briefing only in Turkish may create a serious problem if foreign tourists in the group cannot understand the information.
It is important that the operator provides information in a language the tourist can understand, or by a clear visual/practical method.
Obtaining a signature is not sufficient on its own
The participant signing a briefing form does not automatically prove that the information was actually given in an understandable manner. The content and its implementation must be supported by concrete evidence.
How is the life jacket assessed?
The life jacket is one of the most critical pieces of safety equipment in rafting accidents.
Fit to the body
A life jacket that does not fit the participant’s body, is loose or does not close may not provide protection in the event of falling into the water.
Buoyancy and intended use
Not every buoyancy aid is suitable for rafting. The suitability of the jacket used for the type of activity must be investigated.
Maintenance
Defects in straps, buckles, stitching and buoyant material must be examined together with maintenance records.
The quality and use of the helmet
On canyon and rafting courses, striking a rock may cause serious head trauma.
Failure to provide a helmet
Failure to provide a helmet on a risky course may be assessed as a lack of safety measures.
Improper fitting of the helmet
It is not enough that a helmet was provided; the correct size and correct fastening are required.
Raft and paddle safety
Physical condition of the raft
Inflation pressure, the floor, grab lines, connections and repair history may be examined.
Overloading
Taking more passengers than the raft’s capacity may affect control and rescue capability.
Paddles and other gear
A broken or unsuitable paddle may also affect maneuverability.
Rope, carabiner and safety system in canyon activities
Canyoning is not just walking in water; depending on the course, it may involve descents, rappelling, jumps and safety systems.
Rope records
The age of the rope, frequency of use, cuts/wear and the manufacturer’s limits are important.
Carabiners and connection points
The locking system, metal fatigue and proper use may be examined.
Anchor points
The soundness of a fixed anchor or a temporary system set up by the guide may become the subject of a technical expert examination in an accident.
The number of guides must be appropriate to the size of the group
The Regulation may not provide a single, fixed guide-to-participant ratio for every rafting scenario; however, special conditions may be determined by the governorate according to the type of activity.
In the specific case, the following factors affect whether the number of guides is sufficient:
- group size,
- difficulty of the course,
- participant experience,
- number of rafts,
- the difficulty of evacuation from the canyon
The guide’s duties are not limited to steering the raft
The professional guide’s task includes a multifaceted duty of care covering the following:
- assessing the risks of the course,
- informing participants,
- checking equipment,
- maintaining group discipline,
- stopping the tour in the event of danger,
- initiating the rescue and first aid organization
The participant’s state of health
Some health problems may increase the risk in a rafting or canyon activity.
Health declaration
Depending on the nature of the activity, the operator may consider asking about the participant’s serious heart disease, epilepsy, serious orthopedic problems or similar risks.
Does a health form completely release the operator?
No. The participant giving false information may affect the assessment of fault; however, it does not remove the operator’s independent safety obligations.
Admission of children to a rafting tour
For children, age, height, weight, swimming ability and the difficulty of the course must be assessed together.
Parental consent is not sufficient
Parental consent does not make a course that is objectively unsuitable safe for a child.
Equipment suitable for the child
The life jacket and helmet must fit the child’s body.
The legal value of an “I take part at my own risk” form
A risk acceptance form may show that the consumer was informed about the inherent risks of the activity.
However:
The operator’s gross fault, non-standard equipment, unlicensed guide or organization contrary to the legislation cannot automatically be eliminated by such a form.
The unfair terms provisions of Law No. 6502 and the provisions of the Turkish Code of Obligations on exclusion of liability agreements must be assessed separately on the specific text.
Who is liable for a rafting tour purchased through a hotel?
The foreign tourist may have purchased the rafting tour from the hotel reception or tour desk.
If the hotel only made a referral
The hotel may not have received any payment and may have only provided the contact details of an independent operator. In this case, liability is assessed differently.
If the hotel sold the tour as its own service
If the price was collected at the hotel, the sale was made using the hotel logo or through the tour desk, the transfer was organized by the hotel or the activity was presented as part of the accommodation package, the hotel’s role is investigated separately.
Travel agency
If the tour was organized by a travel agency or is part of a package tour, the liability of the organizer/intermediary may come into play within the framework of Law No. 6502 and the Regulation on Package Tour Contracts (Paket Tur Sözleşmeleri Yönetmeliği).
Independent rafting operator and subcontractor
The organizer leaving certain tasks to another company does not always break the chain of liability from the perspective of the injured tourist.
Liability for employees and auxiliary persons may be assessed within the framework of Articles 66 and 116 of the TBK according to the specific relationship.
Transfer accidents are not separate from the rafting tour
A rafting tour often includes a transfer from the hotel to the course by minibus or another vehicle.
A traffic accident occurring during the transfer gives rise to separate traffic law consequences; however, if the transfer is part of the tour package, the organizer’s contractual liability may also be examined separately.
Evacuation organization after an accident
One of the most critical problems in canyon and rafting accidents is the time it takes to reach a healthcare facility.
Evacuation route
The operator must know in advance the possible exit points on the course and vehicle access.
Communication
In canyons without phone coverage, whether a radio, satellite communication or an alternative communication arrangement is necessary may be assessed according to the specific risk profile.
Delay increasing the damage
Even if the initial injury is minor, if a delay in appropriate evacuation caused the damage to increase, this may be a separate causation issue.
First aid
Keeping first aid equipment is one of the special conditions expressly required by the Regulation.
The equipment must be adequate
A kit consisting of only a few bandages may be inadequate given the risk of the activity.
Personnel able to give first aid
Having personnel trained in first aid among the guides or the team is important, especially on remote courses.
Accident report
The incident report prepared by the operator should contain the following information:
- time,
- location,
- weather,
- water conditions,
- equipment,
- guide,
- witnesses,
- first aid given
If it contains untrue statements, the participant should state their objection in writing.
Photo and video recordings
Rafting companies may take photos/videos throughout the tour.
These recordings may show the equipment and group arrangement before the accident, the briefing, the water conditions or how the accident occurred.
Consequently, the operator’s commercial photo/video archive may directly become evidence.
GoPro and personal camera recordings
The participant’s action camera may show:
- the guide’s instructions,
- the water level,
- the capsizing of the raft,
- the condition of the equipment
The metadata and time information of the original file must be preserved.
GPS and route records
A phone, watch, sports device or the operator’s navigation system may show in which section of the course the group was.
This data is particularly important where it is alleged that the group left the authorized course.
Meteorological and flow data
After the accident, the following data for the day of the incident and the preceding hours must be preserved:
- rainfall,
- radar,
- storm warnings,
- flow/discharge,
- dam release records
The equipment must not be tampered with after the accident
Immediately discarding or repairing a broken carabiner, torn jacket, damaged raft or snapped rope may make proof more difficult.
If possible, the equipment should be:
- photographed,
- recorded with its serial number,
- preserved,
- submitted for expert examination where necessary.
Preservation of evidence under Article 400 of the HMK
Equipment, course conditions or a fixed anchor may be changed within a short time.
If there is a possibility that the evidence will be lost or that establishing it later will become substantially more difficult, preservation of evidence (delil tespiti) under Article 400 et seq. of Law No. 6100, the Code of Civil Procedure (HMK), may be considered before an action is filed.
When does a criminal investigation come into play?
In the event of serious injury or death, a criminal investigation for negligent injury or causing death by negligence may come into play against the guide, the operator’s manager or other responsible persons.
The technical expert report in the criminal file may also be important in a private law action; however, criminal liability and liability for compensation are not subject to the same conditions.
Pecuniary damages
Under Article 54 of the TBK, the following items may be the subject of a claim:
- treatment,
- medication,
- rehabilitation,
- temporary incapacity for work,
- permanent incapacity for work,
- impairment of economic future,
- care costs
Additional losses of the foreign tourist
In the specific case, costs arising from the following may also be examined:
- flight changes,
- the holiday being cut short,
- additional accommodation,
- a companion,
- medical transport to the home country,
- continuing treatment in the home country
Non-pecuniary damages
In the event of a serious violation of bodily integrity, non-pecuniary damages may come into question under Article 56 of the TBK.
The severity of the injury, surgery, permanent scarring, psychological effects and the distribution of fault are important in determining the amount.
Rights of relatives in the event of death
In the event of death, loss of support and related pecuniary damage under Article 53 of the TBK, and the relatives’ claim for non-pecuniary damages under Article 56 of the TBK, may come into question.
Accident insurance and financial liability insurance
The Regulation requires, among the competence documents for a sporting activity for tourism purposes such as rafting, accident insurance and a financial liability insurance policy for personnel and tourists.
The existence of a policy does not remove liability
Even if the insurer makes a payment, the legal liability of the responsible operator does not end entirely.
The scope of the policy must be examined separately
The limit, exclusions, type of activity, course and the capacity of the insured must be checked.
Travel insurance
The tourist’s own travel health insurance may cover part of the costs of treatment, transport or return home.
Whether there is a dangerous sports exclusion must be checked in the policy.
Rafting as part of a package tour
If rafting was sold as part of a package tour together with services such as accommodation and transport, the package tour organizer’s liability for proper performance additionally comes into play.
The 2026 Consumer Arbitration Committee limit
In 2026, the Consumer Arbitration Committee (Tüketici Hakem Heyeti) has jurisdiction over consumer disputes with a value below TL 186,000.
However, bodily harm and high compensation claims may often exceed this limit. Subject-matter jurisdiction and conditions precedent to litigation must be determined according to the specific structure of the claim.
Mediation as a condition precedent to litigation
In disputes to be heard before the consumer court, mediation as a condition precedent to litigation under Article 73/A of Law No. 6502 applies, subject to the statutory exceptions.
Limitation
There is no single time limit.
Defective service
The time-limit conditions under Article 16 of the TKHK may be assessed.
Tort
The two-year and ten-year periods in Article 72 of the TBK and, for acts constituting an offense, the possibility of a longer criminal limitation period may come into play.
Breach of contract
The general limitation provisions of the TBK are examined separately depending on the nature of the contract.
What should a foreign tourist do before leaving Türkiye?
If possible, the tourist should obtain the following:
- health records,
- the incident report,
- guide and company information,
- insurance policies,
- photo/video recordings,
- course information,
- witness contact details,
- payment and reservation documents
Legal follow-up after leaving Türkiye
The foreign tourist returning to their home country does not prevent them from seeking their rights in Türkiye.
Applications and actions can be conducted in Türkiye through power of attorney, translation and, where necessary, apostille formalities.
Conclusion
Accidents occurring on rafting and canyon tours cannot be placed directly on the participant on the ground that the activity is risky.
The professional organizer must provide an authorized and suitable course, authorized personnel, safe equipment, an understandable briefing, monitoring of weather and water conditions, insurance, first aid and an effective evacuation plan.
The participant’s conduct contrary to clear warnings or increasing their own risk may affect the fault ratio. However, the operator’s independent safety obligations continue separately.
The most important step after an accident is the rapid preservation of evidence. Because water levels change, weather conditions pass, equipment is repaired and video recordings may be lost. Preserving together the records of the course, meteorology, equipment, briefing, guide competence and post-incident response directly affects the legal outcome of rafting and canyon accident files.
Frequently Asked Questions
Since rafting is a dangerous sport, is the operator not liable for any accident?
No. Acceptance of the natural risk does not remove the operator’s liability arising from its own faulty organization or a lack of safety.
Does the guide have to have a certificate?
In sporting activities for tourism purposes, a license/competence from the relevant sports federation for personnel is among the elements required in the permit system.
Is providing a life jacket sufficient on its own?
No. The jacket must be suitable for the type of activity and the participant’s body, sound and correctly fitted.
Is a helmet mandatory?
This is assessed according to the risk of the specific rafting/canyon course and the special conditions determined by the governorate. In activities with a risk of striking rocks, a helmet is basic safety equipment.
Should the tour be cancelled if the water flow is high?
Not every high flow automatically means cancellation; however, if it has become dangerous in terms of the course’s safety limit and the participants’ level, it may be necessary not to run the tour.
Can there be a sudden flood when it is not raining?
Yes. Rainfall in the upper catchment of the canyon may cause a sudden rise in water even if it is not raining where you are.
Does an “I take part at my own risk” form release the operator from liability?
No. The form may show acceptance of natural risks; however, it does not automatically eliminate gross fault, non-standard equipment or organization contrary to the legislation.
Is the hotel liable for a rafting tour I bought from the hotel?
The hotel may have only promoted the tour, or it may have directly undertaken the sale and organization. Who collected the price and how the service was presented are investigated.
The raft capsized; is this in itself the operator’s fault?
No. Capsizing of the raft may be a natural risk of the activity. However, the choice of course, the equipment, the guide’s instructions and the weather and water conditions are examined together.
What happens if the guide did not give a briefing?
A lack of briefing may be important in assessing the operator’s fault to the extent that there is an adequate causal link with the accident.
What should I do if the company replaces the equipment after the accident?
If possible, request in writing that the equipment be preserved; consider photos, the serial number and, where necessary, preservation of evidence routes.
Can a GoPro recording be evidence?
Yes. If the original file and metadata are preserved, it may be important evidence regarding how the incident occurred, the guide’s instructions and the water conditions.
Is it mandatory for the tour to have accident insurance?
The Regulation on Sporting Activities for Tourism Purposes requires, among the competence documents, accident insurance and financial liability insurance for tourists and personnel.
Does my travel insurance cover a rafting accident?
It depends on the policy. Some policies may contain a dangerous sports exclusion.
Can a foreign tourist file an action in Türkiye after returning to their home country?
Yes. Subject to examining the specific subject-matter jurisdiction, territorial jurisdiction and time limits, the matter can be pursued in Türkiye through an attorney.
What is the 2026 Consumer Arbitration Committee limit?
In 2026, the Consumer Arbitration Committee has jurisdiction over consumer disputes below TL 186,000.
Can a criminal investigation be opened in a rafting accident?
In the event of serious injury or death, an investigation may come into play against the guide or the operator’s responsible persons for the offenses of negligent injury or causing death by negligence.
How can I find out whether the course is authorized?
The records of the Provincial Directorate of Culture and Tourism and the relevant governorate, as well as the operator’s permit/competence documents, may be investigated.
Sources and legal bases
- Law No. 2634 on the Encouragement of Tourism (Turizmi Teşvik Kanunu).
- Regulation on Sporting Activities for Tourism Purposes (Turizm Amaçlı Sportif Faaliyet Yönetmeliği), Official Gazette 23.02.2011/27855.
- Regulation Amending the Regulation on Sporting Activities for Tourism Purposes (Turizm Amaçlı Sportif Faaliyet Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik), Official Gazette 02.10.2026/33388.
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun).
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu).
- Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu).
- Regulation on Package Tour Contracts (Paket Tur Sözleşmeleri Yönetmeliği).
- Republic of Türkiye Ministry of Culture and Tourism, Antalya Provincial Directorate of Culture and Tourism (T.C. Kültür ve Turizm Bakanlığı Antalya İl Kültür ve Turizm Müdürlüğü), information pages on “Rafting” and “Sporting Activities for Tourism Purposes”.
- Communiqué determining the 2026 monetary limit of the Consumer Arbitration Committees (Tebliğ), Official Gazette 23.12.2025/33116.
- Current legislative practice on the operator’s obligations relating to permits, courses, competence, personnel, equipment, accident insurance, financial liability insurance and first aid in sporting activities for tourism purposes.
- The Court of Cassation’s general principles of consumer and contractual liability on the operator’s duty of safe organization, participant fault, liability for auxiliary persons and compensation for bodily harm in risky activities for tourism purposes.