Boat Rental (By Sea) Waiver and Liability Disclaimer

This Boat Rental (By Sea) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to boat rentals, boat charters, and similar by-sea vessel hire arrangements (collectively, “Boat Rental”) that are coordinated, arranged, introduced, booked, scheduled, referred, or otherwise assisted by D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”).

For clarity, “Boat Rental” in this Waiver generally refers to a vessel being hired for exclusive or private use by a Client and/or the Client’s group for a set rental period (e.g., half-day, full-day, multi-day), typically with a captain and/or crew provided by the operator/owner. The term “boat” or “vessel” may include (without limitation) outrigger boats (bangka), pump boats, speedboats, motorized bancas, small crafts, and other passenger-carrying vessels used for marine tourism, subject to the actual vessel available and local operating conditions.

This Waiver is intentionally written in a long-form and traveler-friendly manner so you clearly understand: (1) the Agency’s facilitator-only role; (2) the inherent, real-world risks of boating, sea travel, and marine leisure activities; (3) your responsibilities as a renter/charterer and passenger; and (4) how responsibility and liability are allocated among you, independent boat owners/operators, captains/crew, and relevant authorities.

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 BOAT RENTAL 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,” boarding a vessel, participating in any activity associated with the rental/charter, authorizing a vessel dispatch, or otherwise availing boat rental services through D’Palawan Travel and Tours, the client (“Client,” “Renter,” “Charterer,” “Passenger,” or “Traveler”) confirms that they have read, understood, and agreed to this Boat Rental (By Sea) 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 confirmations, reservation records, payment receipts, screenshots, timestamped messages, and written or verbal acceptances transmitted through official communication channels (including WhatsApp, Viber, WeChat, SMS, Messenger, or email) are valid evidence of the Client’s consent and carry the same legal effect as a physical signature to the fullest extent permitted by law.

Clarifications required: If any provision appears vague, ambiguous, inconsistent, or conflicting across this Waiver and the Site Policies, the Client agrees to contact us and seek clarification before proceeding. The Agency may provide written clarification for coordination consistency; however, nothing herein 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 only to boat rentals/charters (by sea) facilitated by the Agency, including (without limitation):

private boat rental/charter arrangements (half-day, full-day, multi-day) for leisure, sightseeing, beach-hopping, island-hopping, or similar itineraries;
boat hire with captain/crew provided by the boat owner/operator;
exclusive/private use arrangements where the Client is the primary party hiring the vessel for their group;
anchoring, stopovers, swimming breaks, snorkeling breaks, beach landings, and itinerary changes occurring during the rental period;
any ancillary items and incidental services that may accompany the rental (e.g., use of masks, fins, life vests, coolers), whether provided by the operator or sourced from third parties; and
required coordination items such as meeting points, port call times, cut-off rules, manifests, permits, environmental fees, and protected-area compliance, where applicable.

Tour/Package Component Application: This Boat Rental (By Sea) 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 a boat rental/charter is included as a component (whether bundled, add-on, or incidental), and where the actual boat rental/charter service is performed by independent third-party boat owners/operators (or private boat owners, if applicable).

For avoidance of doubt: Inclusion of a boat rental/charter in a tour/package does not change the Agency’s role into a vessel owner, vessel operator, captain/crew employer, safety manager, activity operator, or insurer, and does not create operational control, possession, custody, 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.

Excluded (Transfers vs. Rentals): This Waiver is not intended to govern point-to-point sea transfers where the primary purpose is transportation from a START location to an END location. If your booking is a transfer, the Boat Transfer (By Sea) Waiver and Liability Disclaimer applies instead. Where a single itinerary includes both a rental day and a separate transfer segment, each segment is governed by its applicable waiver and any relevant operator/authority rules.

3. Acknowledgment and Assumption of Risk (Boating, Sea, and Activity Risks)

The Client acknowledges that renting/chartering a boat involves inherent and unavoidable risks—even when operators implement safety procedures—because marine operations, weather, tides, and sea-state conditions can change quickly and without warning, and recreational activities often involve exposure to hazards that cannot be completely eliminated.

Without limiting the generality of the above, risks may include (without limitation): rough seas; sudden weather changes; strong currents; wave impact; wind-driven spray; slippery surfaces; falls; boarding and disembarkation hazards (wet docks, ladders, moving boats, uneven shorelines); collisions; mechanical failure; engine stall; fuel issues; grounding; capsizing; sinking; swamping; entanglement; floating debris; injuries caused by other passengers; limited communications; delayed rescue response; sunburn/heat exhaustion; dehydration; motion sickness; drowning; panic reactions; marine stings/bites (e.g., jellyfish); sea urchin injuries; coral cuts; sharp rocks; and other sea-related hazards.

Voluntary participation: The Client voluntarily elects to rent/charter a vessel and (where applicable) to participate in marine leisure activities that may occur during the rental (e.g., swimming, snorkeling, beach landings). The Client assumes all risks of injury, illness, loss, damage, delay, cancellation, or inconvenience arising from or related to the Boat Rental and any related activity, to the maximum 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 boat owners, charter operators, captains, crew, and/or maritime suppliers (“Boat Rental Suppliers”).

The Client acknowledges and agrees that the Agency:

does not own, operate, control, navigate, captain, maintain, inspect, certify, manage, supervise, or crew any vessel;
is not a ship owner, vessel operator, common carrier, safety authority, activity operator, tour operator for the vessel, or insurer; and
is not a party to the boat rental/charter agreement between the Client and the Boat Rental Supplier (or Private Owner, if applicable).

Provider responsibility: All operational aspects—such as vessel condition, seaworthiness, crew selection, passenger limits, cargo limits, safety procedures, activity rules, routes, weather readiness, emergency protocols, and regulatory compliance—are determined and performed exclusively by the Boat Rental Supplier (or Private Owner, if applicable).

Coordination does not equal control: Even if the Agency helps relay messages, confirm timing, suggest itinerary options, assist with documentation, collect passenger details, or coordinate meeting points, the Agency does not become the operator, supervisor, employer, safety authority, or guarantor of the rental/charter.

5. Independent Operators; Private Boat Assistance; Non-Promotion; Client’s Choice

The Agency does not promote, recommend, or encourage the use of unlicensed or informal private boat owners. As a matter of policy and safety, the Agency prioritizes licensed and accredited operators whenever available.

However, in some locations or seasons, licensed operators may be unavailable, fully booked, subject to local constraints, or not servicing the Client’s requested itinerary. In those situations, and only upon the Client’s explicit request for assistance, the Agency may help identify independent private boat owners or informal providers (“Private Owners”) solely to help the Client meet rental needs.

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

Client due diligence: The Client is solely responsible for conducting due diligence before boarding, including verifying (where applicable and as the Client deems necessary) vessel registration, operator identity, crew capability, passenger limits, manifest requirements, route/area familiarity, safety equipment availability, and any insurance coverage. The Client is encouraged to ask questions, request documentation if desired, and refuse boarding if uncomfortable with conditions.

No inspection/verification duty: The Agency does not inspect, certify, verify, endorse, or guarantee the seaworthiness, licensing status, insurance coverage, service quality, or regulatory compliance of any vessel, operator, or Private Owner. The Client assumes full responsibility for the decision to proceed.

6. Client Contact Requirement (Required for Coordination)

To ensure proper coordination, 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 boat rental/charter.

This requirement is necessary due to possible mobile signal limitations, weather advisories, port conditions, crew scheduling, operational cut-off rules, and network interruptions beyond the Agency’s control. Advance contact supports timely coordination regarding meeting points, manifests (if required), authority cut-off times, safety directives, and final itinerary feasibility.

The Client shall reach out 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 should provide (as applicable): full name, rental date, meeting point, estimated time of arrival, passenger count, and any special needs (minors, seniors, mobility constraints), and confirm the specific boat rental arrangement availed. Courtesy reminders from the Agency do not create any duty, guarantee, or liability.

7. Passenger Manifests, Identification, and Authority/Port Compliance

The Client acknowledges that boat rentals/charters may require passenger manifests, identity details, permits, environmental fees, and compliance with port/authority requirements depending on the route, destination, protected-area rules, and local regulations.

Accuracy required: The Client must provide accurate passenger details and submit them on time when requested (including name spellings and counts). If the Client provides incorrect information, the operator or authorities may deny boarding or restrict the itinerary.
Denial of boarding and itinerary limits: Incorrect, incomplete, late, or inconsistent information may result in delay, denial of boarding, fines, itinerary restrictions, reprocessing requirements, or refusal of service by the operator or authorities.
Authority rules control: Port authority, Coast Guard, protected-area administrators, environmental offices, and operator rules may impose inspections, cut-off times, designated routes, passenger limits, safety requirements, or activity restrictions. These rules may change without notice and override preferences.

Important: The Client accepts that authority directives and operator compliance decisions are outside the Agency’s control and may affect trip flow and refund eligibility under the Refund Policy and/or operator rules.

8. Itinerary, Stopovers, Anchoring, Swimming/Snorkeling, and Time Management

Itinerary is conditional: Any itinerary discussed (including islands, beaches, lagoons, snorkeling points, or stopovers) is subject to sea-state conditions, weather, tides, authority restrictions, protected-area limitations, safety assessments, fuel constraints, and the captain/crew’s professional judgment. The Client accepts that itinerary changes may occur at any time.

Captain/crew safety authority: The captain/crew has final authority to approve, change, skip, modify, shorten, or terminate routes, stopovers, anchoring, swimming breaks, and beach landings for safety and compliance reasons.
Time limits and return windows: Rentals are commonly subject to time limits, daylight constraints, and port return windows. Late returns may incur additional charges imposed by the operator and may not be negotiable.
Swimming/snorkeling conditions: Water entry may be restricted due to currents, visibility, wave conditions, marine hazards, boat traffic, and authority rules. Any “best effort” attempt to reach a spot does not guarantee a safe or permitted water activity.
Environmental and protected areas: Protected zones may restrict anchoring, stepping on corals, collecting shells, feeding wildlife, smoking, loud music, alcohol consumption, or entry into certain areas. Violations may result in penalties, fines, and/or trip termination imposed by authorities and/or the operator.

9. No Representations, Warranties, or Guarantees

Disclaimers: The Agency makes no representations, warranties, or guarantees—express, implied, or statutory—regarding any aspect of the boat rental/charter, including vessel condition, safety equipment, legality, permits, insurance coverage, crew competence, route feasibility, marine conditions, wildlife visibility, water clarity, or satisfaction of expectations.
Information provided: Any itinerary suggestion, timing estimate, or coordination message is provided on an “as is” and “as available” basis solely for coordination purposes, without verification or endorsement.

Important practical note: Marine tourism is highly variable. Weather, currents, sea-state, and authority directives can change quickly. The Client agrees to maintain flexibility and to prioritize safety over preferences, timing, and personal expectations.

10. Client Obligations and Conduct

The Client agrees to the following obligations as a condition of availing boat rental/charter services:

Assumption of risk: The Client assumes all risks associated with boating and any related marine leisure activity during the rental.
Compliance and conduct: The Client must comply with all laws, port rules, environmental rules, and crew directives, including life jacket rules, no-standing zones, boarding procedures, passenger limits, child safety requirements, and lawful conduct.
Swimming/snorkeling responsibility: If the Client or any passenger enters the water (swimming, snorkeling, wading), they do so voluntarily and at their own risk. The Agency does not provide lifeguards, safety marshals, swimming supervision, or equipment instruction.
Minors and dependents: Minors must be supervised by a responsible adult at all times. The adult assumes responsibility for the minor’s safety, behavior, and compliance.
Fitness to participate: The Client confirms that they and their passengers are medically fit for boating and marine activities and will inform the operator of pregnancy, heart conditions, severe motion sickness, asthma, seizure disorders, or other conditions requiring precautions.
Prohibited items and conduct: The Client agrees not to bring hazardous materials, illegal substances, contraband, weapons, or unsafe items aboard, and agrees not to engage in intoxicated, disorderly, reckless, or unsafe behavior.
Protection of valuables: The Client is responsible for safeguarding valuables and accepts that seawater exposure, splashes, wet decks, and wet storage areas are common risks.

Operators may refuse boarding, adjust itineraries, restrict activities, limit passenger movement, or terminate the rental for safety or compliance reasons. Such decisions are outside the Agency’s control and may affect refund eligibility under the Refund Policy and/or operator rules.

11. Damage, Cleanliness, Lost Items, and Responsibility for the Rented Vessel

Client responsibility for conduct and property: The Client agrees to exercise reasonable care during the rental. The Client may be held responsible by the Boat Rental Supplier for damage to the vessel, missing or damaged equipment, excessive cleaning, repair costs, or losses arising from the acts or omissions of the Client or any passenger in the Client’s group, subject to the operator’s rules and applicable law.

Personal property: The Client is responsible for personal items brought on board. The Agency is not responsible for loss, theft, or damage to personal property during the rental/charter. The Client understands that marine conditions and wet environments may damage phones, cameras, bags, and electronics even with reasonable care.

12. 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 the Agency, 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 Boat Rental Supplier or Private Owner;
the boat rental/charter agreement and its negotiation, terms, pricing, performance, or enforcement;
the condition, maintenance, operation, navigation, supervision, safety management, activities, anchoring, boarding/disembarkation, or use of any vessel;
any swimming, snorkeling, beach landing, wading, or other marine leisure activity conducted during the rental; and
any incidents, injuries, deaths, property losses, disputes, misrepresentations, breaches, cancellations, delays, enforcement actions, penalties, environmental violations, or illegal acts by the Boat Rental Supplier, Private Owner, the Client, other passengers, 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, fines, assessments, or expenses (including reasonable attorneys’ fees) arising from the Client’s acts, omissions, violations of law, breach of this Waiver, inaccurate manifest/permit information, property damage, environmental violations, or misconduct in connection with the boat rental/charter.

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.

13. Operational Changes, Cancellations, and Force Majeure

Weather holds and authority directives: Rentals may be delayed, rescheduled, rerouted, restricted, shortened, or canceled due to adverse weather, sea state, tides, port congestion, Coast Guard advisories, environmental restrictions, safety inspections, or authority instructions. Safety overrides preferences and itinerary.
Activity restrictions: Swimming/snorkeling/anchoring may be restricted or prohibited by the captain/crew or authorities due to currents, visibility, wave conditions, boat traffic, or local rules.
Force majeure: No party is liable for failure or delay due to events beyond reasonable control, including storms, acts of God, governmental actions, emergency restrictions, accidents, civil disturbances, environmental closures, port closures, or sudden safety directives.

Refundability during cancellations caused by force majeure, weather holds, or official directives is governed by the operator’s rules and by the Agency’s Refund Policy.

14. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical episode during the boat rental/charter, the Client authorizes the Boat Rental Supplier (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 distance, weather, sea-state, port conditions, and local resource availability; and
the Client is responsible for all related costs, including evacuation, emergency transport, clinic/hospital fees, medicines, and supplies.

15. No Reliance; Continuing Applicability

No reliance: The Client acknowledges they have not relied on any statement, promise, representation, advertisement, or warranty by the Agency regarding the boat rental/charter, and that they have independently evaluated and accepted the rental arrangement.
Continuing applicability: This Waiver remains in full force and effect for the entire rental/charter period, including itinerary changes, diversions, substitutions, reschedules, emergency returns, or related segments.

16. Data, Communications, and Privacy

Notice channels: Official coordination and documentation may be conducted via WhatsApp, Viber, WeChat, SMS, Messenger, or email. The Client agrees to maintain reachable contact during the rental day.
Evidence of communications: Timestamped messages and media exchanged via designated channels may be used to document changes, delays, acknowledgments, approvals, and incident reports.
Privacy compliance: Only the minimum necessary personal information is collected for booking, manifest, and safety/permit purposes; operational data may be shared with Boat Rental Suppliers or Private Owners as needed to complete the rental, subject to the Privacy Policy.

Note: The Agency’s role remains strictly facilitative; vessel operation, safety management, compliance, and service delivery are the responsibility of the Boat Rental Supplier or Private Owner.

17. Maximum Liability (Reference)

To the maximum extent permitted by applicable law, any liability of D’Palawan Travel and Tours arising from or relating to this waiver, the booking, our coordination or facilitation services, or use of our website is limited as described in the Maximum Liability; Limitation of Damages clause in our Terms of Service and General Disclaimer, which are incorporated herein by reference.

You may review the full clause at our General Disclaimer page.

18. 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.

19. Binding Effect

By making a reservation, submitting payment, booking a boat rental/charter, boarding a vessel, or availing the assistance of D’Palawan Travel and Tours for any by-sea vessel hire arrangement, the Client confirms and certifies that they have completely read and fully understood this Boat Rental (By Sea) Waiver and Liability Disclaimer and accept all its terms.

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

UPDATED: January 3, 2026 (Philippines)