Self-Drive Car Rental Waiver and Liability Disclaimer

This Self-Drive Car Rental Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all self-drive car/vehicle rentals coordinated, arranged, introduced, booked, referred, facilitated, or otherwise assisted by D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”).

For clarity and consistency across the Agency’s Site Policies, the term “Car” in this Waiver covers all four-wheeled vehicles, including (without limitation) sedans, SUVs, crossovers, vans, AUVs, MPVs, pickups, and similar vehicles used for road travel (each, a “Vehicle”). References to “car rental” or “vehicle rental” shall be interpreted broadly and do not limit the type of Vehicle used.

This Waiver is intentionally written in a long-form and traveler-friendly way so you fully understand: (1) the Agency’s facilitator-only role, (2) the risks of driving and road travel (including unforeseeable events), (3) your responsibilities as the renter/driver, and (4) how responsibility and liability are allocated between you, independent rental suppliers, private owners, and third parties.

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 ACCEPT, TAKE POSSESSION OF, OR OPERATE ANY SELF-DRIVE VEHICLE 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,” receiving the Vehicle, accepting delivery, taking possession, operating, driving, or otherwise using a self-drive Vehicle arranged through D’Palawan Travel and Tours, the client (“Client,” “Renter,” “Driver,” or “User”) confirms that they have read, understood, and agreed to this Self-Drive Car Rental 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, booking confirmations, reservation records, payment receipts, photos/videos exchanged for handover, and written or verbal acceptances transmitted through official communication channels (including WhatsApp, Viber, WeChat, SMS, Messenger, or email) constitute valid evidence of consent and carry the same legal effect as a physical signature to the fullest extent permitted by law.

Clarification before use: If any provision across this Waiver or the Site Policies appears vague, ambiguous, inconsistent, or conflicting, the Renter agrees to contact us and request clarification before paying, accepting the Vehicle, or driving. The Agency may provide written clarification 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 protections where applicable.

Priority and harmony: This Waiver is intended to be read in harmony with the Site Policies. If there is a true and unavoidable conflict that cannot be reconciled, the Agency will apply the more specific rule for the specific transaction (self-drive rental) to the extent permitted by law, while preserving non-waivable rights.

2. Scope and Definitions

This Waiver applies only to self-drive car/vehicle rentals facilitated by the Agency, including (without limitation):

all rentals where the Client personally drives/operates the Vehicle;
all handover and return arrangements, including delivery/pickup, deposit handling (if any), ID custody requirements (if any), and coordination messages;
all rental periods, extensions, late returns, early returns, and disputes about condition, damage, loss, impoundment, towing, or fines; and
all routes, roads, barangays, and destinations traveled during the rental period, including remote areas with limited road maintenance, limited lighting, limited towing availability, limited fuel stations, and/or limited emergency response.

Tour/Package Component Application: This Self-Drive Car Rental 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 self-drive car/vehicle rental is included or facilitated as a component (whether bundled, add-on, or incidental), and where the actual rental service is performed by independent third-party rental suppliers (or private owners, if applicable). For avoidance of doubt, inclusion of a self-drive car/vehicle rental in a tour/package does not change the Agency’s role into a rental operator, fleet manager, dealer, trainer, safety supervisor, or insurer, and does not create operational control, possession, 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: This Waiver does not govern vehicle services that include a driver provided by the supplier. If the Client rides as a passenger and a driver is provided, the Agency’s Car Rental (with Driver) Waiver and Liability Disclaimer applies instead.

“Supplier” means the independent rental company, operator, vehicle owner, or individual who owns/controls the Vehicle and provides it to the Renter (including a “Private Owner” where applicable). The Supplier is the party responsible for the Vehicle, driver eligibility rules, operational limitations, handover requirements, any optional “insurance/coverage” arrangements (if any), and any supplier-imposed terms.

“Private Owner” means an independent, non-Agency vehicle owner who may offer a Vehicle to the Renter upon the Renter’s request for assistance when formal Suppliers are unavailable or not servicing the requested route or schedule.

“Rental Agreement” means any contract, receipt, acknowledgment, deposit arrangement, inventory checklist, or terms imposed by the Supplier/Private Owner, whether written or verbal, governing the rental. The Agency is not a party to the Rental Agreement.

3. Acknowledgment and Assumption of Risk (Driving and Road Travel Risks)

The Renter acknowledges that driving and operating a Vehicle involves inherent and unavoidable risks—even when the driver exercises care—because traffic behavior, road conditions, weather, enforcement actions, and mechanical factors can change quickly and may involve hazards that cannot be fully eliminated.

Without limiting the generality of the above, risks may include (without limitation): collisions; side impacts; rear-end crashes; pedestrian incidents; animal crossings; road debris; potholes; blind curves; sudden braking; reckless or negligent acts of third parties; flooding; landslides; falling rocks/debris; poor visibility; road construction; narrow bridges; uneven or muddy roads; unmarked hazards; Vehicle mechanical failure; brake issues; tire blowouts; electrical failures; overheating; towing/repair delays; and delayed emergency response in remote areas.

Local reality note (Palawan and nearby areas): Some routes may involve rural roads with limited lighting, sudden weather changes, temporary closures, checkpoint delays, and areas with weak mobile signal. The Renter understands that these conditions may increase the likelihood and severity of risk.

Voluntary assumption: The Renter voluntarily and knowingly assumes all risks associated with the rental, possession, operation, and use of any self-drive Vehicle facilitated by the Agency, 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. Vehicles are owned, supplied, and maintained by independent third-party Suppliers or Private Owners (each a “Supplier”).

The Renter acknowledges and agrees that the Agency:

does not own, operate, control, store, dispatch, maintain, inspect, test, repair, or manage any Vehicle;
is not a car rental operator, dealer, mechanic, insurer, underwriter, or guarantor;
does not provide driver training, licensing, safety certification, or driving instruction;
does not determine the Supplier’s eligibility rules, deposits, ID requirements, mileage/fuel rules, prohibited uses, or damage policies; and
is not a party to the rental agreement between the Renter and the Supplier.

Supplier controls rental terms: Any rental agreement, delivery arrangement, payment terms, damage policies, deposits, ID custody requirements, extensions, mileage/fuel rules (if any), prohibited uses, and any optional “insurance” or coverage (if offered) are agreed directly between the Renter and the Supplier. Any disputes about condition, defects, insurance (if any), legality, impoundment, penalties, or use are strictly between the Renter and the Supplier.

Coordination does not equal endorsement: If the Agency helps connect you to a Supplier or relays information, that does not mean the Agency inspected the Vehicle or guarantees its safety, legality, suitability, availability, roadworthiness, or compliance.

5. Private Vehicle Assistance; Non-Promotion; Operator Priority

The Agency does not promote, recommend, or encourage engagement with unlicensed or informal private vehicle owners. The Agency strongly prefers established and lawfully operating rental operators whenever available to promote safety, regulatory compliance, and service reliability.

However, in some locations or peak seasons, formal rental companies may be unavailable, fully booked, or not servicing certain routes. In those situations, and only upon the Renter’s explicit request for assistance, the Agency may help identify independent private vehicle owners (“Private Owners”) solely to help the Client meet self-drive travel needs.

Separate private agreement: Any arrangement with a Private Owner is a separate private rental agreement entered directly between the Renter and the Private Owner. The Agency acts only as an introduction and coordination facilitator and does not supervise, control, monitor, or enforce private agreements.

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

The Renter is solely responsible for conducting due diligence before proceeding with any self-drive Vehicle rental, whether through a Supplier or a Private Owner. This includes, without limitation:

verifying the Supplier’s identity and lawful authority to rent the Vehicle;
checking basic roadworthiness and safety condition (tires, brakes, lights, wipers, horn, mirrors, steering, seatbelts);
confirming whether the Vehicle has registration documents available (e.g., OR/CR) and understanding local enforcement expectations;
confirming passenger capacity compliance and seatbelt availability;
confirming pickup/return time, extension rules, late fees, deposits, fuel policy, mileage policy (if any), and the damage assessment method;
documenting existing scratches/dents/defects (photos/videos strongly recommended); and
reviewing publicly available information such as reviews/ratings where available.

No inspection/verification by the Agency: The Agency does not inspect, certify, verify, endorse, or guarantee the licensing status, legal compliance, insurance coverage, mechanical condition, or service quality of any Supplier or Private Owner. The decision to proceed remains solely at the Renter’s discretion and risk.

7. Client Contact Requirement (Required for Coordination)

To ensure proper coordination and uninterrupted self-drive rental services, the Renter 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 rental start date.

This requirement exists because mobile signal may be intermittent in certain areas and network failures may occur and are beyond the Agency’s control. Establishing contact in advance helps reduce miscoordination and supports timely coordination with the Supplier regarding delivery, unit identification, and handover timing.

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

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

8. Licensing, Legal Compliance, and Driver Responsibility

License requirement: The Renter must hold a valid driver’s license authorizing operation of the Vehicle and is solely responsible for ensuring their license is valid, appropriate for the Vehicle class, and recognized for lawful use in the Philippines (as applicable to the Renter’s circumstances).

Traffic compliance: The Renter agrees to comply with all traffic laws, local ordinances, seatbelt rules, speed limits, alcohol/drug prohibitions, phone use restrictions, and safe driving practices. The Renter is responsible for understanding local road rules and conditions.

No impairment: The Vehicle shall not be operated under the influence of alcohol, drugs, or any impairing substances. The Renter acknowledges that impairment substantially increases the risk of severe injury or death and may void any coverage that might otherwise exist.

Authorized drivers only: If the Supplier restricts who may drive (e.g., only the named renter, minimum age, license tenure), the Renter must comply. The Renter is responsible for any breach of Supplier restrictions and resulting liability.

Prohibited use: The Renter agrees not to use the Vehicle for racing, stunts, unlawful purposes, overloading, unauthorized towing, transport of hazardous materials, prohibited off-road terrain, river crossings, or any use contrary to Supplier rules. The Renter is solely responsible for resulting damage, impoundment, fines, penalties, towing, storage charges, or third-party claims.

9. Seatbelts, Child Safety, Passenger Limits, and Safe Operation

Seatbelts: The Renter agrees to wear seatbelts and ensure all passengers wear seatbelts whenever available and required.

Child safety: The Renter is responsible for complying with child safety requirements. If a child seat/booster is legally required or desired, the Renter is responsible for providing it or requesting it in advance (if the Supplier offers it), and for ensuring proper installation and use.

Passenger limits: The Renter must comply with passenger capacity limits and must not overload the Vehicle. Overloading increases risk and may violate law and Supplier rules.

Remote travel caution: The Renter acknowledges that some areas may have limited lighting, limited towing services, limited fuel stations, limited hospitals/clinics, and limited emergency response. The Renter accepts these risks and agrees to plan accordingly (buffer time, daylight driving preference where feasible, fuel planning, and conservative driving decisions).

10. Vehicle Condition, Inspection, and Responsibility During Rental

Inspection at handover: The Renter is responsible for inspecting the Vehicle before driving, including visible condition (scratches/dents), and basic function checks (lights, brakes, seatbelts, wipers, horn, mirrors). If anything appears unsafe or materially different from what was agreed, the Renter should refuse handover and immediately notify the Supplier and the Agency (for coordination).

Photo/video documentation recommended: The Renter is strongly encouraged to take timestamped photos/videos of the Vehicle at pickup/delivery and at return. This helps reduce disputes regarding pre-existing condition, cleanliness, missing items, and damage claims.

Responsibility during rental: Once the Renter accepts possession, the Renter accepts responsibility for damage, theft, loss, impoundment, fines, penalties, towing, storage, downtime charges (if any), and related costs during the rental period, excluding normal wear and tear, subject to the Supplier’s/Private Owner’s terms and applicable law.

Mechanical issues during use: If the Vehicle shows signs of mechanical failure (warning lights, overheating, brake/steering issues, abnormal noises), the Renter must stop using the Vehicle when safe to do so and promptly notify the Supplier. Continuing to operate a Vehicle with known safety issues may increase damage and risk, and the Renter accepts responsibility for consequences caused or worsened by continued use.

Damage assessment: Damage costs are typically assessed by repair technicians chosen by the Supplier/Private Owner. Settlement may be required before release of deposits, IDs, or pending obligations. The Agency is not responsible for assessing damage, collecting deposits, holding IDs, storing property, or resolving disputes regarding repairs, parts pricing, labor charges, or condition determinations.

11. Deposits, IDs, Fines, Accidents, and Impoundment

Deposits and ID custody: Some Suppliers/Private Owners may require a cash deposit and/or custody of a valid government-issued photo ID. If the Agency assists in coordination, it does so strictly as a facilitator. Custody, return, timing, and disputes about IDs and deposits remain between the Renter and the Supplier/Private Owner. The Renter is responsible for understanding and accepting any deposit/ID requirement before proceeding.

Accidents and incident reporting: If an accident, damage, theft, or incident occurs, the Renter is responsible for:

prioritizing safety and seeking medical help if needed;
complying with lawful reporting requirements (including police reporting where applicable);
documenting the incident (photos/videos, witness info where reasonable); and
coordinating directly and promptly with the Supplier/Private Owner regarding next steps.

The Agency may relay messages only if requested and only for coordination convenience, but the Agency has no duty to investigate, negotiate, pay costs, assume responsibility, or guarantee outcomes.

Fines, tickets, penalties, tolls, and violations: The Renter is solely responsible for any tickets, fines, penalties, tolls, damages, third-party claims, or costs arising from traffic violations, illegal parking, reckless driving, unsafe driving, or violations of local ordinances.

Impoundment: If the Vehicle is impounded or held by authorities for any reason (including documentation issues, violations, accidents, or disputes), the Renter is solely responsible for resolving the matter, paying fees, and arranging release. The Agency is not responsible for negotiating with authorities or guaranteeing release outcomes.

12. No Ownership, Control, Inspection, or Maintenance by the Agency

No control or possession: The Agency does not own, lease, manage, store, operate, repair, or maintain any Vehicle and does not have custody or control over any Vehicle at any time.
No inspection duty: The Agency does not inspect, certify, or guarantee mechanical condition, safety, roadworthiness, legal compliance, documentation completeness, or suitability of any Vehicle. The Renter is solely responsible for due diligence and inspections deemed necessary before driving.

If a Supplier/Private Owner makes statements like “good condition,” “safe,” “new,” “complete papers,” or “insured,” those are statements of the Supplier/Private Owner and are not verified or guaranteed by the Agency.

13. No Representations, Warranties, or Guarantees

Disclaimers: The Agency makes no representations, warranties, or guarantees—express, implied, or statutory—regarding any aspect of the self-drive rental, including fitness for a particular purpose, merchantability, quality, safety, legality, registration, insurance coverage, title, availability, suitability for certain roads, or the accuracy of information provided by any Supplier or Private Owner.
Information provided “as is”: Any information, listing, introduction, estimate, or communication facilitated by the Agency is provided on an “as is” and “as available” basis solely for coordination purposes, without verification or endorsement.

Time and route reality note: Estimated travel times are not guarantees. Weather, roadworks, checkpoints, seasonal flooding, landslides, and traffic can cause sudden delays. The Renter agrees to plan buffer time and drive conservatively.

14. Allocation of Risk and Renter Obligations

Assumption of risk: The Renter assumes all risks associated with operating, using, or riding in a Vehicle, including injury, death, property damage, theft, mechanical failure, delay, and third-party claims.
Compliance and licensing: The Renter is responsible for lawful compliance, including licensing, documentation requirements, and safety rules.
Financial responsibility: The Renter is responsible for costs arising from loss, damage, negligence, misuse, impoundment, towing/storage, third-party claims, or violations during the rental period, subject to Supplier terms and applicable law.
Duty of care: The Renter agrees to drive prudently, reduce speed during rain/poor visibility, avoid risky conditions beyond skill level, avoid nighttime driving in unsafe routes where possible, and stop using the Vehicle if a safety issue is suspected.

Group responsibility: If the Renter allows passengers in the Renter’s group to behave recklessly, distract the driver, overload the Vehicle, or carry prohibited items, the Renter accepts responsibility for consequences, claims, and costs arising from such acts or omissions.

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

Release and waiver: To the maximum extent permitted by applicable law, the Renter 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 any Supplier or Private Owner;
the rental agreement and its negotiation, terms, performance, enforcement, or disputes;
the condition, maintenance, roadworthiness, operation, possession, delivery/return process, or use of any Vehicle; and
any incidents, injuries, death, property loss, theft, disputes, misrepresentations, breaches, fines, penalties, towing/storage charges, impoundment, or illegal acts by the Supplier/Private Owner, the Renter, passengers in the Renter’s group, or any third party.

Indemnification: The Renter 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 Renter’s acts, omissions, violation of law, breach of this Waiver, misuse of the Vehicle, overloading, negligent/reckless driving, or misconduct in connection with the rental.

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

16. No Reliance; Renter Acknowledgment

No reliance: The Renter acknowledges that they have not relied on any statement, promise, representation, advertisement, or warranty by the Agency regarding the self-drive rental and that they have independently evaluated and accepted the arrangement.
Continuing applicability: This Waiver remains in full force and effect for the entire rental period, including extensions, late returns, route changes, and any subsequent disputes arising from the same rental transaction.

17. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical episode, the Renter authorizes the Supplier/Private Owner or, where necessary, the Agency acting solely as a coordinator, to seek medical assistance as deemed necessary.

The Renter 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 Renter is responsible for all related costs, including emergency transport, clinic/hospital fees, and medical expenses.

18. Data, Communications, and Privacy

Notice channels: Official coordination, confirmations, handover arrangements, and documentation may be conducted via WhatsApp, Viber, WeChat, SMS, Messenger, and/or email. The Renter agrees to maintain reachable contact during the handover window and rental period for safety and coordination.

Evidence of communications: Timestamped messages, photos, videos, GPS pins, and related media exchanged through official channels may be used to document handover condition, instructions, approvals, route notes, extension requests, delays, and incident reports.

Privacy compliance: Only minimal necessary personal information is collected for booking and coordination purposes; required information may be shared with the Supplier/Private Owner to complete the rental and comply with lawful requirements, subject to the Privacy Policy.

19. 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.

20. Severability, Governing Law, Venue, and Binding Effect

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.

Binding Effect: By making a reservation deposit, booking a rental unit, accepting delivery/pickup, taking possession, operating, driving, or availing the assistance of D’Palawan Travel and Tours, the Renter confirms that they have completely read and fully understood this Self-Drive Car Rental 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)