Boat Transfer (By Sea) Waiver and Liability Disclaimer

This Boat Transfer (By Sea) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to point-to-point boat transfers (sea transfers) coordinated, arranged, introduced, booked, scheduled, or otherwise assisted by D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”).

This Waiver is intentionally written in a long-form and traveler-friendly way so you clearly understand: (1) the Agency’s facilitator-only role; (2) the inherent and real-world risks of sea transport in Palawan and nearby coastal/island destinations; (3) your responsibilities as a passenger and booking party; and (4) how responsibility and liability are allocated among you, independent third-party operators, 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 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,” accessing or using any service arranged through the Agency, attending a meeting point, boarding any vessel, or otherwise availing sea transfer services through D’Palawan Travel and Tours, the client (“Client,” “Passenger,” or “Traveler”) confirms that they have read, understood, and agreed to this Boat Transfer (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 signatures, reservation confirmations, booking records, payment receipts, 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.

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. For coordination consistency, the Agency may provide a written clarification of how provisions apply to a specific booking; however, nothing here is intended to unlawfully waive rights that cannot be waived under applicable Philippine law.

2. Scope and Applicability (Point-to-Point Sea Transport Only)

This Waiver applies only to boat transfers (point-to-point sea transport) facilitated by the Agency, where the primary purpose is transportation from a START location to an END location. Covered transfers include (without limitation):

point-to-point transport between ports, islands, beaches, coastal barangays, towns, and similar maritime destinations;
shared/joiner or semi-scheduled maritime transport arranged through independent operators;
private point-to-point transfers arranged for direct transportation (not leisure cruising);
substitutions, alternative routes, delayed departures, diversions, early returns, or emergency landings/disembarkations required for safety, compliance, sea-state conditions, or authority directives during a transfer.

Tour/Package Component Application: This Boat Transfer (By Sea) Waiver and Liability Disclaimer also applies to any day tour, tour package, or tourism-related activity coordinated, arranged, introduced, booked, scheduled, or assisted by D’Palawan Travel and Tours where a point-to-point boat transfer is included as a component (whether bundled, add-on, or incidental), and where the actual sea transfer service is performed by independent third-party boat operators/transport suppliers (or private boat owners, if applicable).

For avoidance of doubt: Inclusion of a boat transfer in a tour/package does not change the Agency’s role into a carrier, vessel owner, vessel operator, captain/crew employer, safety manager, 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.

Excluded (Not a Rental / Not a Tour): This Waiver is not intended to govern (and does not convert into) a boat rental/charter, leisure cruise, sightseeing charter, fishing charter, “island hopping,” or any tour activity involving multiple discretionary stopovers, floating activities, snorkeling/diving, beach-hopping, anchoring for leisure, or “day tour” itineraries. If your booking includes those elements, the Boat Rental (By Sea) Waiver and Liability Disclaimer and/or other tour-related waivers and Provider rules may apply, including the Tours and Travel Packages Waiver and Liability Disclaimer.

3. Acknowledgment and Assumption of Risk (Sea Transfer Risks)

The Client acknowledges that traveling by boat involves inherent and unavoidable risks—even when operators apply safety measures—because sea conditions and maritime operations can change quickly and may involve hazards that cannot be fully eliminated.

Without limiting the generality of the above, risks may include (but are not limited to): rough seas; sudden weather changes; strong currents; wave impact; wet surfaces; slips and falls; boarding and disembarkation hazards (wet docks, ladders, uneven shorelines, slippery steps); crowding; collision or impact; mechanical failure; engine stall; fuel issues; grounding; capsizing; sinking; swamping; entanglement; floating debris; injuries caused by other passengers; delayed rescue response; limited communications; exposure to sun, rain, wind, and saltwater; dehydration; motion sickness; anxiety/panic response; and other sea-related hazards.

Voluntary participation: The Client voluntarily elects to travel by sea and assumes all risks of injury, illness, loss, damage, delay, cancellation, or inconvenience arising from or related to sea transfer operations, whether foreseeable or unforeseeable, 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 operators, vessel owners, and/or licensed maritime transport suppliers (“Transport 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 used for sea transfers;
is not a carrier, ship owner, vessel operator, maritime service provider, safety authority, port authority, Coast Guard authority, or insurer; and
is not a party to the transport service agreement between the Client and the Transport Supplier (or Private Owner).

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

Coordination does not equal control: Even if the Agency helps relay messages, confirm timing, assist with documentation, collect passenger details, coordinate port instructions, or help resolve logistical issues, the Agency does not become the operator, supervisor, employer, safety authority, or guarantor for the boat transfer.

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 maritime transport operators whenever available.

However, in some locations or seasons, licensed operators may be unavailable, fully booked, not servicing the Client’s requested route, or subject to local operational constraints. 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 point-to-point 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.

Client due diligence: The Client is solely responsible for conducting due diligence before boarding, including verifying vessel registration (where applicable), operator identity, crew capability, passenger limits, manifest requirements, route familiarity, 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 and uninterrupted sea 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 boat transfer.

This requirement is necessary due to possible mobile signal limitations, weather advisories, port conditions, operator availability, tide windows, and network interruptions beyond the Agency’s control. Advance contact supports timely coordination with the operator regarding meeting points, manifest details, cut-off times, and safety directives.

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.

Coordination details to send: For proper documentation and coordination, the Client should send their full name, transfer date, route (START to END), passenger count, and the specific service availed (and where applicable, hotel/port pickup location, preferred contact number, and special needs).

No duty created by reminders: Courtesy reminders from the Agency do not create any duty, guarantee, or liability. Failure to comply may result in delays, missed boarding, miscoordination, or disruption of services, for which the Agency shall not be held liable.

7. Passenger Manifests, Identification, and Compliance Requirements

The Client acknowledges that sea transfers commonly require passenger manifests and identity details for lawful compliance, safety checks, and port/authority requirements.

Accuracy required: The Client must provide accurate passenger details (full name and other required information) and timely submit them when requested.
Denial of boarding risk: Incorrect, incomplete, late, or inconsistent information may result in delay, denial of boarding, penalties, or refusal of service by the operator or authorities.
Authority rules control: Port authority, Coast Guard, and operator rules may override schedules and may require inspections, cut-off times, baggage checks, and compliance verification.

Important: If the Client provides incorrect or late information (wrong name spelling, wrong passenger count, missing IDs, late manifest submission), a Provider or authority may deny boarding or refuse service, and refunds may not be available under Provider policies and/or the Agency’s Refund Policy.

8. Booking Details, Pickup/Drop-off Points, Meeting Point Changes, and Waiting Time

Confirmed details control: The controlling pickup point, time window, and drop-off point are those confirmed in writing through official channels (messages/email/booking record).
Meeting point changes: Meeting points may change due to tide conditions, port congestion, safety instructions, authority restrictions, “no-waiting” rules, docking limitations, or operator directives. The Client agrees to cooperate and promptly respond to coordination updates.
Waiting time and cutoffs: Waiting time allowances and related fees (if any) are set by the Transport Supplier and may be limited due to tide windows, port rules, fuel constraints, crew schedules, and other operational limitations.
Late arrival: Late arrival may be treated as a no-show under operator rules and may affect refund eligibility under the Refund Policy.

Practical note: In coastal/island operations, the safest and most practical pickup point may be determined close to departure time depending on weather, tide, and authority instructions. The Client agrees that flexibility is part of safe maritime travel and that the “best” plan may change quickly.

9. No Representations, Warranties, or Guarantees

To the fullest extent permitted by law, the Client acknowledges and agrees that the Agency makes no representations, warranties, or guarantees—express, implied, or statutory—regarding any aspect of the sea transfer, including (without limitation):

fitness for a particular purpose, merchantability, quality, condition, safety, or performance of any vessel or service;
licensing, accreditation, registration, permits, insurance coverage, or compliance status of any operator;
exact timing, departure windows, strict adherence to schedules, arrival times, or connection feasibility;
accuracy or completeness of operator descriptions, pricing, photos, equipment lists, or published details; and
the acts, omissions, negligence, misconduct, errors, misrepresentations, or decisions of any operator, crew, passengers, or third party.

Information provided “as is”: Any information, timing estimate, fare quote, or coordination message is provided on an “as is” and “as available” basis solely for coordination purposes, without verification or endorsement.

Important practical note: Sea travel in Palawan may be affected by weather, port directives, sea-state conditions, capacity rules, seasonal closures, and local operational limits. Even the best plans can change quickly. The Client agrees to maintain reasonable flexibility and buffer time for connections.

10. Allocation of Risk and Client Obligations

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

Assumption of risk: The Client assumes all risks associated with sea travel, including injury, death, property damage, theft, mechanical failure, delay, cancellation, and third-party claims.
Compliance and conduct: The Client must comply with all applicable maritime laws, port authority requirements, and crew directives, including life jacket use, child safety requirements, weight/cargo limits, manifest procedures, cut-off times, and lawful conduct during the transfer.
Proper boarding/disembarkation: The Client must board and disembark carefully, follow crew instructions, and accept that ladders, ramps, wet docks, and uneven shorelines may create hazards.
Due diligence: The Client is responsible for verifying the operator’s identity and lawful authority to provide transport, and any insurance coverage or documentation required by law or by the Client’s own standards.
Fitness to travel: The Client confirms they are medically fit for sea travel and will notify the operator of pregnancy, heart conditions, severe motion sickness, mobility limitations, or other conditions requiring precautions.
Prohibited items and conduct: The Client agrees not to bring hazardous materials (e.g., fuel containers, explosives), illegal substances, contraband, or unsafe items aboard, and agrees not to engage in intoxicated, disorderly, or unsafe behavior.
Protection of valuables: The Client is responsible for safeguarding valuables, travel documents, electronics, cash, and fragile items, and agrees that seawater exposure and sudden splashes are common risks.

Operators may refuse boarding, modify seating/cargo placement, or discontinue service for safety or compliance reasons. Such decisions are outside the Agency’s operational control and may affect refund availability under operator policies.

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

11.1 Release and Waiver of Claims Against the Agency

To the maximum extent permitted by applicable law, the Client releases, waives, and forever discharges the Agency and its owners, directors, officers, employees, agents, and affiliates from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related 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, or enforcement;
the condition, maintenance, operation, possession, navigation, transport, loading/unloading, boarding/disembarkation processes, or use of any vessel; and
any incidents, injuries, deaths, property losses, disputes, misrepresentations, breaches, cancellations, delays, enforcement actions, penalties, confiscations, or illegal acts by the Transport Supplier, Private Owner, the Client, other passengers, or any third party.

Important limitation / non-waivable rights: This waiver is intended to apply to the fullest extent permitted by law. It does not apply where liability cannot be waived under applicable law. In such cases, the waiver will apply to the maximum extent allowed and the remainder will remain effective.

11.2 Indemnification

The Client agrees to defend, indemnify, and hold harmless the Agency from and against any third-party claims, damages, losses, penalties, fines, or expenses (including reasonable attorneys’ fees) arising from the Client’s acts, omissions, violations of law, breach of this Waiver, inaccurate information submitted for manifests, or misconduct in connection with the sea transfer.

11.3 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.

12. Operational Changes, Delays, and Force Majeure

Weather holds and port directives: Departures may be delayed, rescheduled, substituted, restricted, or canceled due to adverse weather, sea state, tides, port congestion, environmental restrictions, Coast Guard advisories, port authority instructions, safety inspections, or emergency directives. Safety overrides schedule.
Transfer route adjustments: Routes, landing points, or disembarkation locations may change mid-transfer to maintain safety, comply with official directives, avoid hazards, or respond to emergencies.
Connection advice: If the Client is catching a flight or scheduled connecting travel, the Client is strongly advised to book a transfer with an estimated arrival at least four (4) hours in advance of any required connection time and to account for the possibility of weather holds and authority restrictions.
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.

13. Safety Requirements and Passenger Management

The Client acknowledges that safety rules exist for passenger welfare and compliance with maritime regulations. The Client agrees to:

Life-saving appliances: wear life jackets when instructed; remain seated/positioned as directed; keep hands/feet clear of pinch points; and stay away from restricted areas.
Passenger manifest and inspection: provide accurate identifying information for manifest and safety purposes and consent to inspection checks where required by law or port authorities.
Cargo and weight limits: comply with baggage/cargo weight, size, and hazard restrictions; excess or unsafe items may be refused by the operator.
Minors and dependents: ensure minors are accompanied by a responsible adult who assumes responsibility for their conduct and safety.
Pets: if allowed by the operator, keep pets properly contained and controlled; additional rules may apply and are set by the operator.

Failure to comply with safety rules may result in refusal of boarding or removal from the vessel without refund, subject to operator policies.

14. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical episode during the sea transfer, the Client authorizes the Transport 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 conditions, and local resource availability; and
the Client is responsible for all related costs, including evacuation, emergency transport, clinic/hospital fees, and supplies.

15. Claims, Refunds, and Operator Policies

Direct claims with operators: Any claims, replacements, credits, refunds, or remedies relating to the actual transport service (including vessel operation, delays, cancellations, denied boarding, safety-related changes, baggage handling, or service deficiencies) must be pursued directly with the responsible Transport Supplier and are subject to that operator’s policies, documentation requirements, and timelines.

Refund rules and deadlines: Cancellation and refund rules are governed by the Agency’s Refund Policy and by applicable operator policies. Where multiple policies apply, the controlling policy may be the stricter one or the one applicable to the relevant component.

Agency assistance is limited: The Agency may assist in relaying communications or documentation as a courtesy, but is not obligated to secure outcomes, approvals, or refunds and does not guarantee operator decisions.

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 transfer day.
Evidence of communications: Timestamped messages and media exchanged via designated channels may be used to document changes, delays, acknowledgments, participation, and incident reports.
Privacy compliance: Only minimal necessary personal information is collected for booking and safety/manifest purposes; operational data may be shared with Transport Suppliers or Private Owners as needed to complete the transfer, subject to the Privacy Policy.

Note: The Agency’s role is strictly facilitative; all service delivery, safety management, and compliance are the responsibility of the Transport 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 transfer, attending the meeting point, boarding a vessel, or availing the assistance of D’Palawan Travel and Tours for any sea transfer arrangement, the Client confirms and certifies that they have completely read and fully understood this Boat Transfer (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.

UPDATED: January 3, 2026 (Philippines)