Airport Transfer (By Car/Van) Waiver and Liability Disclaimer

This Airport Transfer (By Car/Van) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all airport transfers and airport-related land transport segments (including pickup and drop-off to/from airports) coordinated, arranged, introduced, booked, scheduled, or assisted by D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”).

For clarity, the term “Car” in this Waiver covers all four-wheeled vehicles used for passenger transport, including (without limitation) sedans, SUVs, crossovers, vans, AUVs, MPVs, pickups, and similar vehicles (each, a “Vehicle”). The term “Van” is used only as a common label and does not limit the Vehicle type that may be used as agreed upon. References to “airport” include airports, terminals, arrival/departure areas, pickup/drop-off zones, nearby access roads, terminal parking areas, and any airport-controlled or airport-adjacent meeting points or staging areas.

This Waiver is intentionally written in a long-form and traveler-friendly manner so you fully understand: (1) the Agency’s facilitator-only role; (2) the inherent risks and operational realities of airport ground transport (including airport congestion, terminal restrictions, and time-sensitive cutoffs); (3) your responsibilities as a passenger (including punctuality, communication, and document readiness); and (4) how liability and responsibility are allocated among you, independent transport providers, airlines, airport authorities, and relevant government agencies.

IF YOU DO NOT FULLY AGREE TO THIS WAIVER AND ALL OTHER SITE POLICIES, DO NOT PROCEED WITH ANY BOOKING, DO NOT SUBMIT PAYMENT OR DEPOSIT, AND DO NOT BOARD OR PARTICIPATE IN ANY AIRPORT TRANSFER ARRANGED THROUGH THE AGENCY.

1. Acceptance of Terms and Incorporation by Reference

By making a reservation, submitting payment, paying any deposit, signing any waiver, replying “Confirmed/Agree/Yes,” entering a Vehicle, accepting pickup, requesting a driver dispatch, or otherwise availing airport transfer services through D’Palawan Travel and Tours, the client (“Client,” “Passenger,” or “Traveler”) confirms that they have read, understood, and agreed to this Airport Transfer (By Car/Van) Waiver and Liability Disclaimer, together with our Terms of Service, Terms of Use, Privacy Policy, Disclaimer, Disclosure, and Refund Policy (collectively, the “Site Policies”), all of which are incorporated herein by reference.

Electronic acceptance is binding: Electronic signatures, reservation confirmations, booking records, dispatch confirmations, payment receipts, screenshots, and written or verbal acceptances transmitted via official communication channels (including WhatsApp, Viber, WeChat, SMS, Messenger, or email) constitute valid evidence of consent and carry the same binding effect as a physical signature to the fullest extent permitted by law.

Clarification before travel: If any provision across this Waiver or the Site Policies appears vague, ambiguous, inconsistent, or conflicting, the Client agrees to contact us to request clarification before proceeding. The Agency may provide written clarifications for coordination purposes; however, nothing in this Waiver is intended to unlawfully waive rights that cannot be waived under applicable Philippine law (including mandatory consumer protection standards).

2. Scope and Applicability

This Waiver applies to airport transfers facilitated by the Agency, including (without limitation):

• Arrivals: pickup from an airport (or airport vicinity) and transport to a hotel, resort, port, terminal, town, or other destination;
• Departures: pickup from a hotel, resort, port, terminal, town, or other location and transport to an airport;
• Point-to-point airport routing: any direct or practical route between pickup point and airport (or airport to drop-off point), including diversions, alternate roads, traffic reroutes, or safety detours;
• Shared/joiner airport transfers: where permitted and arranged through independent drivers/operators, subject to routing practicality and passenger/luggage limitations;
• Vehicle substitutions: changes in Vehicle type (sedan/SUV/van/pickup, etc.) and/or driver substitutions due to availability, safety, mechanical issues, compliance requirements, airport restrictions, or operational constraints; and
• Time-sensitive segments: transfers involving flight schedules, check-in deadlines, security screening, baggage drop cutoffs, terminal entry rules, airport traffic controls, and “no waiting” or “no parking” enforcement zones.

Tour/Package Component Application: This Airport Transfer (By Car/Van) Waiver and Liability Disclaimer also applies to any day tour, tour package, or tourism-related activity coordinated, arranged, introduced, booked, or assisted by D’Palawan Travel and Tours where an airport pickup/drop-off is included as a component (whether bundled, add-on, or incidental), and where the actual transport service is performed by independent third-party transport suppliers (or private vehicle owners, if applicable).

For avoidance of doubt: Inclusion of an airport transfer in a tour/package does not convert the Agency into a carrier, transport operator, employer of drivers, dispatcher, safety supervisor, or insurer, and does not create operational control or supervision by the Agency. In such cases, this waiver applies in addition to the Tours and Travel Packages Waiver and Liability Disclaimer and any other applicable policies.

3. Acknowledgment and Assumption of Risk (Airport Ground Transport Risks)

The Client acknowledges that airport ground transport involves inherent and unavoidable risks—even when drivers use reasonable care—because airport access rules, traffic patterns, road conditions, weather, enforcement actions, airline schedule changes, and operational factors may change quickly and may involve hazards that cannot be fully eliminated.

Without limiting the generality of the above, risks may include (without limitation):

• Road incidents: collisions, sudden braking, swerving, vehicle rollover, pedestrian crossings, and driver error by any road user.
• Mechanical risks: mechanical failure, engine trouble, overheating, brake issues, tire blowouts, battery/electrical issues, and unexpected breakdowns.
• Airport congestion and access rules: traffic queues, terminal lane restrictions, limited pickup windows, towing/clearing rules, “no waiting” zones, curbside enforcement, and restrictions that may force meeting point changes.
• Timing and deadlines: missed airline check-in cutoffs, missed baggage drop windows, missed security screening slots, or missed flights due to traffic, weather, checkpoints, road closures, accidents, terminal restrictions, or other disruptions.
• Weather and natural events: heavy rain, flooding, landslides, falling debris, strong winds, and reduced visibility.
• Traffic and enforcement: checkpoints, random inspections, rerouting by authorities, road closures, and delays due to local events or official directives.
• Remote-area realities: limited roadside assistance in some areas, weak mobile signal, limited repair facilities, and longer response times.
• Third-party acts/omissions: acts or omissions of the driver/operator, other drivers, passengers, airport personnel, airline staff, and unrelated third parties.

Voluntary assumption: The Client voluntarily assumes all risks associated with airport transfers, including delays, missed connections, missed flights, accidents, injuries, illness, property damage, theft, and/or loss, whether foreseeable or unforeseeable, to the fullest extent permitted by law.

4. Role of the Agency (Facilitator Only)

D’Palawan Travel and Tours acts solely as a booking and coordination facilitator connecting Clients with independent drivers, vehicle owners, and/or licensed transport suppliers (“Transport Suppliers”).

The Client acknowledges and agrees that the Agency:

• does not own, operate, control, drive, dispatch, maintain, inspect, certify, store, or manage any Vehicle used for airport transfers;
• is not a carrier, transport operator, fleet manager, employer of drivers, or insurer; and
• is not a party to the service agreement between the Client and the Transport Supplier/vehicle owner.

Provider responsibility: All operational aspects—such as Vehicle condition, roadworthiness, driver selection, routes, departure times, terminal rules, meeting points, passenger capacity, luggage limits, waiting time rules, stop rules, and safety procedures—are determined and performed exclusively by the Transport Supplier or vehicle owner.

Coordination does not equal control: Even if the Agency helps relay messages, confirm pickup times, assist with location pinning, request airport entry updates, or suggest meeting points, the Agency does not become the operator, supervisor, dispatcher, employer, or safety controller of the transfer.

5. Private Vehicle Assistance; Non-Promotion; Client’s Choice

D’Palawan Travel and Tours does not promote, recommend, or encourage the use of informal private vehicle owners for airport transfers. The Agency prefers licensed and established land transport operators whenever available to promote safety, regulatory compliance, and service reliability.

However, in certain seasons, locations, or circumstances, licensed operators may be unavailable, fully booked, or unable to service the Client’s requested timing/route. In those situations, and only upon the Client’s explicit request for assistance, the Agency may help identify independent private vehicle owners (“Private Owners”) solely to help the Client meet airport transfer needs.

Separate private agreement: The Client understands and agrees that any arrangement with a Private Owner constitutes a separate private transfer agreement entered directly between the Client and the Private Owner. The Agency’s role remains limited to introduction and coordination only.

No duty to ensure legality or fitness: The Agency is not responsible for negotiating, executing, enforcing, supervising, monitoring, or performing any private transfer agreement, and does not assume any duty to ensure driver qualifications, Vehicle condition, legality, insurance coverage, airport access compliance, or overall safety.

6. Client Due Diligence Obligation (Recommended and Required Standard of Care)

The Client is solely responsible for conducting due diligence before proceeding with any airport transfer, whether through a Transport Supplier or a Private Owner. Due diligence may include (without limitation):

• confirming driver identity and ensuring the driver holds a valid driver’s license appropriate to the Vehicle type;
• confirming Vehicle registration documents where relevant or customary (e.g., OR/CR), and checking basic roadworthiness (tires, lights, seatbelts, general condition);
• confirming passenger limits and seat availability (no overcrowding) and clarifying luggage limits to avoid unsafe loading;
• clarifying pickup rules, waiting time policies, terminal meeting points, and route expectations;
• inquiring about insurance (if any), while understanding coverage may vary and may include exclusions; and
• reviewing publicly available information such as online ratings and feedback where available.

No verification/endorsement by the Agency: The Agency does not warrant, verify, endorse, or guarantee licensing status, legal compliance, insurance coverage, airport entry eligibility, or service quality of any Transport Supplier, driver, or Private Owner. The Client assumes full responsibility for the decision to proceed.

7. Client Contact Requirement (Required for Coordination)

To ensure proper coordination and uninterrupted airport transfer services, the Client is required to send a confirmation message to D’Palawan Travel and Tours at least one (1) day, or twenty-four (24) hours, prior to the scheduled airport transfer.

This requirement exists because airport traffic conditions, terminal restrictions, checkpoints, weather disturbances, mobile signal issues, and network failures may occur and are beyond the Agency’s control. Advance contact supports timely coordination with the driver regarding pickup timing, Vehicle identification, terminal/meeting point rules, and route notes.

The Client shall contact the Agency through official channels: Messenger, or directly via WhatsApp, Viber, WeChat, or SMS (Philippine number only) at +63 963 139 0000.

For coordination purposes, the Client must provide: full name, transfer date, pickup location, destination, passenger count, and when applicable flight number, ETA/ETD, airline, and reasonable luggage count. Courtesy reminders from the Agency do not create any duty, guarantee, or liability.

Failure to comply may result in delays, missed pickups, miscoordination, or disruption of transfer services, for which the Agency shall not be held liable.

8. Airport Operations: Flight Changes, Terminal Restrictions, Meeting Points, and Baggage Responsibility

Flight delays/changes: The Client acknowledges that flights may be delayed, rescheduled, diverted, or canceled. The Client is responsible for promptly notifying the Agency and/or driver of changes. If the Client does not provide timely updates, the driver may be unable to adjust schedule, routing, or wait time, and additional costs may apply under the driver/operator’s waiting or rescheduling rules.

Terminal and meeting point rules: Airports may restrict waiting, parking, curbside pickup, terminal entry, or access to certain lanes. For compliance and safety, the driver may require the Client to meet at a designated pickup point (e.g., a specific gate/exit, parking area, transport bay, or nearby safe zone). The Client agrees to follow meeting point instructions. If a meeting point is changed due to airport rules or enforcement, the Client agrees that such change is not a breach by the Agency.

Baggage and belongings: The Client is responsible for all personal belongings, documents, passports/IDs, tickets, and baggage at all times. The Agency is not responsible for lost items, unattended baggage, theft, or damage. The Client is strongly encouraged to verify all items are collected before exiting the Vehicle, including phones, wallets, passports, cameras, chargers, and small bags.

Safe loading: The Client agrees not to demand or request overloading that compromises safety or violates passenger/cargo limits. The driver may refuse unsafe loading. Where additional luggage requires a larger Vehicle, the Client acknowledges that a Vehicle upgrade and/or additional fee may be necessary.

9. Independent Relationship; No Creation of Agency; No Authority to Bind

• No agency or employment: Nothing herein creates any agency, partnership, joint venture, employer–employee, franchisor–franchisee, fiduciary, or representative relationship between the Agency and any Transport Supplier, Private Owner, driver, or Client.
• No authority to bind: The Agency has no authority to enter contracts, waive rights, or bind the Transport Supplier, Private Owner, driver, airline, airport authority, or Client in any manner.

The Client understands that the Agency’s communications are for facilitation and coordination only. The driver/operator retains control over operational decisions, subject to laws, airport rules, and official directives.

10. No Ownership, Control, Inspection, or Maintenance

• No control or possession: The Agency does not own, lease, manage, store, operate, repair, or maintain any Vehicle offered by Transport Suppliers or Private Owners, and does not have custody or control over such Vehicles at any time.
• No inspection duty: The Agency does not inspect, certify, or guarantee mechanical condition, safety, roadworthiness, legal compliance, or suitability of any Vehicle. The Client remains responsible for deciding whether to board and proceed.

If a driver/operator makes statements like “good condition,” “safe,” or “new,” those are statements of the driver/operator and are not verified, adopted, or guaranteed by the Agency.

11. No Representations, Warranties, or Guarantees

• Disclaimers: The Agency makes no representations, warranties, or guarantees—express, implied, or statutory—regarding any aspect of the airport transfer, including fitness for a particular purpose, merchantability, quality, safety, legality, registration, insurance coverage, title, airport access eligibility, or accuracy of descriptions provided by any Transport Supplier or Private Owner.
• Information provided: Any information, estimated travel time, meeting point suggestion, routing advice, or flight-connection guidance is provided on an “as is” and “as available” basis for coordination only and is not a guarantee.

Airport reality note: Airport access rules, traffic surges, weather disruptions, checkpoints, and temporary closures can cause sudden delays. The Client agrees to allow buffer time and remain flexible.

12. Allocation of Risk and Client Obligations

The Client agrees to the following obligations as a condition of availing airport transfer services:

• Assumption of risk: The Client assumes all risks associated with airport transfers and road travel, including injury, death, property damage, theft, mechanical failure, delay, and third-party claims.
• Buffer time: The Client is responsible for planning sufficient buffer time for flights, airline check-in cutoffs, baggage drop deadlines, boarding procedures, and security screening. The Agency does not guarantee arrival times or flight catching outcomes.
• Seatbelts and child safety: The Client agrees to use seatbelts where available and comply with child safety requirements and reasonable safety instructions. If traveling with minors, the adult leader is responsible for supervision and compliance.
• Compliance and conduct: The Client must comply with applicable laws and act safely (no harassment of drivers, no disorderly behavior, no contraband). Drivers may refuse service for safety or legal compliance reasons.
• Checkpoint and airport cooperation: The Client agrees to cooperate with lawful checkpoint requirements and airport rules, including presentation of valid IDs, tickets, and compliance with terminal instructions when required by authorities.
• Belongings: The Client is responsible for personal belongings and travel documents at all times.
• Health considerations: The Client should consider personal medical needs (motion sickness, back conditions, pregnancy, etc.) and bring necessary medications. The Agency does not provide medical advice.

13. Release, Waiver, Hold Harmless, Indemnification, and Waiver of Subrogation

Release and waiver: To the maximum extent permitted by applicable law, the Client releases, waives, and forever discharges D’Palawan Travel and Tours, its owners, directors, officers, employees, agents, and affiliates from any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to:

• the identification, introduction, referral, or facilitation of a Transport Supplier or Private Owner;
• the transport service agreement or private transfer agreement and its negotiation, terms, performance, pricing, waiting policies, rescheduling rules, or enforcement;
• the condition, maintenance, operation, possession, driving, transport, or use of any Vehicle; and
• any accidents, injuries, deaths, missed flights, missed connections, losses, theft, delays, disputes, misrepresentations, breaches, or illegal acts by the Transport Supplier, Private Owner, driver, Client, airline/airport personnel, or any third party.

Indemnification: The Client agrees to defend, indemnify, and hold harmless the Agency from and against any third-party claims, damages, losses, penalties, or expenses (including reasonable attorneys’ fees) arising from the Client’s acts, omissions, violation of law, breach of this Waiver, provision of incorrect flight/pickup details, failure to follow meeting point instructions, failure to plan reasonable buffer time, or misconduct in connection with the airport transfer.

Waiver of subrogation: To the extent permitted by law, the Client waives any right of subrogation against the Agency for claims paid or payable by the Client’s insurers.

Non-waivable rights: This section is intended to apply to the fullest extent permitted by law and does not unlawfully waive rights that cannot be waived under applicable law. If any portion is deemed unenforceable, the remaining portions remain effective.

14. No Reliance; Client Acknowledgment

• No reliance: The Client acknowledges they have not relied on any statement, promise, representation, advertisement, or warranty by the Agency regarding the airport transfer and that they have independently evaluated and accepted the arrangement.
• Continuing applicability: This Waiver remains in full force and effect for all airport transfers facilitated by the Agency, including adjustments, detours, substitutions, reschedules, terminal meeting point changes, and return trips related to the same itinerary.

15. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical concern during the airport transfer, the Client authorizes the Transport Supplier/driver (and, where necessary, the Agency acting solely as a coordinator) to seek medical assistance as deemed necessary.

The Client understands and agrees that:

• the Agency does not provide medical services and is not responsible for medical decisions or outcomes;
• emergency response times may be affected by location, traffic, weather, and availability of local facilities; and
• the Client is responsible for all related costs, including emergency transport, medical fees, and hospital charges.

17. Severability, Governing Law, and Venue

Severability: If any provision of this Waiver is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Governing law and venue: This Waiver is governed by the laws of the Republic of the Philippines. Exclusive venue for disputes arising from or related to this Waiver shall be in the courts of Palawan, Philippines, unless otherwise required by applicable law. This Waiver shall be construed in harmony with the governing law, venue, and dispute provisions set forth in the Agency’s published Site Policies.

18. Binding Effect

By making a reservation, submitting payment, booking an airport transfer, accepting pickup, entering a Vehicle, or availing the assistance of D’Palawan Travel and Tours, the Client confirms that they have completely read and fully understood this Airport Transfer (By Car/Van) Waiver and Liability Disclaimer and accept all its terms.

This acceptance expressly includes all relevant Site Policies published on the Agency’s official website, including the Terms of Service and Disclaimer. Electronic confirmations and written or verbal acceptances transmitted via official messaging channels shall be deemed valid consent and acceptance, carrying the same binding effect as a physical signature.

UPDATED: January 3, 2026 (Philippines)