Car Rental (With Driver) Waiver and Liability Disclaimer

This Car Rental (With Driver) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all car/vehicle services with driver (including short transfers and full-day/multi-day use) that are coordinated, arranged, introduced, booked, scheduled, or otherwise 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, including (without limitation) sedans, SUVs, crossovers, vans, AUVs, MPVs, pickups, and similar vehicles used for passenger transport (each, a “Vehicle”). References to “car” are used as a common label and do not limit the Vehicle type that may be provided based on availability, route conditions, passenger count, luggage needs, and Supplier decisions.

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 road travel (including unforeseeable events); (3) your responsibilities as a passenger/Client and booking party; and (4) how responsibility and liability are allocated between you, independent third-party vehicle owners/operators and drivers, 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 RIDE, ACCEPT PICKUP, OR PARTICIPATE IN ANY CAR/VEHICLE SERVICE WITH DRIVER 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,” accepting pickup, riding as a passenger, permitting a driver to operate a Vehicle for you or your party, requesting or accepting any route/stop changes, or otherwise availing a Vehicle-with-driver service arranged through D’Palawan Travel and Tours, the client (“Client,” “Passenger,” or “Traveler”) confirms that they have read, understood, and agreed to this Car Rental (With Driver) 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 deposits, booking confirmations, reservation records, payment receipts, and written or verbal acceptances transmitted through official communication channels (including WhatsApp, Viber, WeChat, SMS, Messenger, or email) constitute 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 before travel: 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 purposes; however, nothing here is intended to unlawfully waive rights that cannot be waived under applicable Philippine law.

2. Scope and Definitions

This Waiver applies to four-wheeled Vehicle services where a driver is provided by an independent supplier and the Client rides as a passenger. Covered services may include (without limitation):

Point-to-point transfers: airport/port/hotel transfers, terminal transfers, hotel-to-hotel transfers, inter-town transfers, and similar transfers performed by Vehicle with driver;
Hourly or daily hire: rental of a Vehicle with driver for itineraries, errands, meetings, multi-stop routes, and custom travel;
Remote-area trips: long-distance drives and travel on roads with varying conditions (unpaved, narrow, mountainous, flood-prone, under construction, limited lighting, blind curves);
Operational adjustments: meeting point changes, route changes, delays, detours, safety-related diversions, vehicle substitutions, driver substitutions, and emergency returns.

Tour/Package Component Application: This Car Rental (With Driver) 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 Vehicle with driver is included as a component (whether bundled, add-on, or incidental), and where the actual service is performed by independent third-party transport suppliers/drivers (or private vehicle owners/drivers, if applicable). For avoidance of doubt, inclusion of a Vehicle-with-driver service in a tour/package does not change the Agency’s role 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.

Excluded (Self-Drive): This Waiver does not govern self-drive vehicle rentals where the Client drives or operates the Vehicle. If the Client drives/operates the Vehicle, a separate waiver may apply (including, where relevant, the Agency’s Car Rental (Self-Drive) Waiver and Liability Disclaimer once published).

“Supplier” means the independent vehicle owner/operator, transport provider, company, or individual who provides the Vehicle and driver to the Client (including a “Private Owner” where applicable). The Supplier is responsible for Vehicle maintenance, driver assignment, operational decisions, and any Supplier-imposed terms, including luggage rules, waiting time rules, overtime rules, passenger limits, and route restrictions.

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

The Client acknowledges that road travel involves inherent and unavoidable risks—even when drivers exercise reasonable care—because road conditions, traffic behavior, weather, enforcement actions, human error, 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; sudden braking; swerving; rollover; driver error by any road user; reckless or negligent acts of third parties; pedestrians/animals crossing; road debris; potholes; blind curves; steep inclines/descents; narrow roads; poor visibility; damaged bridges/culverts; landslides; flooding; falling rocks/debris; vehicle mechanical failure; overheating; tire blowouts; brake issues; electrical failures; delays or stops due to checkpoints, roadworks, accidents, or closures; and other transport-related hazards.

Voluntary participation: The Client voluntarily elects to travel by road and assumes all risks of injury, illness, loss, damage, delay, cancellation, missed connections, or inconvenience arising from or related to Vehicle-with-driver 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 vehicle owners/operators, drivers, and/or transport suppliers (“Transport Suppliers”).

The Client acknowledges and agrees that the Agency:

does not own, operate, control, dispatch, employ, supervise, train, or manage any driver or Vehicle used for the service;
is not a common carrier, transport operator, fleet manager, employer, safety manager, dispatcher, or insurer; and
is not a party to the service agreement between the Client and the Supplier/driver.

Supplier responsibility: All operational aspects—such as driver assignment, route choice, driving decisions, Vehicle condition and maintenance, licensing/compliance, passenger limits, baggage rules, fuel/parking/toll handling (as applicable), stop rules, waiting time rules, and service delivery—are determined and performed exclusively by the Supplier/driver.

Coordination does not equal control: Even if the Agency helps relay messages, confirm pickup timing, coordinate meeting points, assist with location pinning, or discuss itinerary options, the Agency does not become the operator, supervisor, employer, dispatcher, or safety authority for the service.

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

The Agency does not promote, recommend, or encourage the use of unlicensed or informal private vehicle owners/drivers. As a matter of policy and safety, the Agency prioritizes lawfully operating and established transport providers whenever available.

However, in some locations or seasons, formal operators may be unavailable, fully booked, or not servicing the Client’s requested route. In those situations, and only upon the Client’s explicit request for assistance, the Agency may help identify independent private vehicle owners/drivers (“Private Owners”) solely to help the Client meet transport needs.

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

No duty to ensure legality/fitness: The Agency does not assume any duty to ensure driver qualifications, Vehicle condition, legality, insurance coverage, or overall safety, and does not warrant the completeness or accuracy of any statements made by a Supplier/driver or Private Owner.

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

The Client is solely responsible for conducting due diligence before proceeding with any Vehicle-with-driver service, 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 basic Vehicle roadworthiness (tires, lights, seatbelts, general condition) and (where relevant or customary) confirming registration documents (e.g., OR/CR);
asking about passenger limits and seat availability (no overcrowding) and ensuring safe seating for minors;
clarifying pickup rules, waiting time, stop requests, luggage limits, and route expectations;
inquiring about insurance (if any), while understanding coverage may vary widely and may contain exclusions; and
reviewing publicly available information such as online ratings/feedback where available.

No verification/endorsement by the Agency: The Agency does not verify, inspect, endorse, or guarantee licensing status, legal compliance, insurance coverage, or service quality of any 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 service, 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 service date/time.

This requirement exists because mobile signal may be intermittent in certain areas, and network failures, weather disturbances, or sudden road disruptions may occur and are beyond the Agency’s control. Establishing contact in advance helps reduce miscoordination and supports timely coordination regarding meeting points, pickup timing, Vehicle identification, and route feasibility.

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.

Coordination details to send: For coordination purposes, the Client must provide: full name, service date, pickup location, destination/route, passenger count, and the specific service availed (and where applicable, luggage count and special needs). Courtesy reminders from the Agency do not create any duty, guarantee, or liability.

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

8. Passenger Management, Seatbelts, Child Safety, and Conduct

The Client agrees to follow all reasonable safety instructions from the driver and to act responsibly as a passenger and group leader (if booking for others). Without limitation, the Client agrees to:

Seatbelts: Wear seatbelts whenever available and ensure passengers in the Client’s group do the same.
Child safety: Ensure minors are properly supervised and comply with child safety requirements. If a child seat/booster is legally required or desired, the Client is responsible for requesting it in advance and confirming availability with the Supplier, and understanding that availability may be limited.
Passenger limits: Comply with passenger capacity limits and do not pressure the driver to overload the Vehicle. Overloading increases risk and may violate law and Supplier policy.
Safe behavior: Avoid distracting the driver; avoid disorderly conduct; follow safety instructions related to stops, doors, roadside behavior, and luggage handling; and keep noise and movement controlled while the Vehicle is in motion.
Prohibited items: Do not bring contraband, illegal substances, hazardous materials, or unsafe items, and do not request the driver to violate any law or safety rule.
Valuables and belongings: Secure and monitor personal items at all times. The Agency is not responsible for loss, theft, or damage to personal property.

Drivers may refuse service, require a passenger to exit, or terminate the trip for safety, lawful compliance, or misconduct reasons. Such decisions are outside the Agency’s operational control and may affect refund eligibility under the Refund Policy and/or Supplier rules.

9. Pickup/Drop-off Points, Itinerary Changes, Waiting Time, Overtime, and No-Shows

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 traffic, road restrictions, weather, safety conditions, authority directives, or driver instructions. The Client agrees to cooperate and respond promptly to coordination updates.
Stops and itinerary changes: Additional stops, detours, or route extensions may change pricing, duration, and driver availability, and may be subject to Supplier approval. The Agency does not control Supplier decisions or fees.
Waiting time and overtime: Waiting time allowances, cutoffs, and overtime charges (if any) are set by the Supplier/driver and may be limited due to schedules, curfews, route safety, or operational constraints.
Late arrival/no-show: Late arrival may be treated as a no-show under Supplier rules and may affect refund eligibility under the Refund Policy.

10. 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 Vehicle-with-driver service, including (without limitation):

driver competence, behavior, judgment, or compliance (which are the Supplier/driver’s responsibility);
Vehicle safety/roadworthiness, mechanical condition, legality, registration, licensing status, or insurance coverage;
arrival times, itinerary outcomes, route feasibility, or the ability to meet connections;
the completeness or accuracy of descriptions, statements, photos, or promises made by any Supplier/driver or Private Owner; and
the acts, omissions, negligence, misconduct, errors, misrepresentations, or decisions of any Supplier/driver, passenger, or third party.

Information provided “as is”: Any information, quote, schedule 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: Road travel in Palawan may be affected by weather, roadworks, local events, checkpoints, seasonal flooding, landslides, sudden closures, and rapidly changing conditions. Even the best plans can change quickly. The Client agrees to maintain reasonable flexibility and buffer time.

11. Delays, Accidents, Authority Directives, and Force Majeure

The Client acknowledges that routes and schedules may be affected by factors beyond the Agency’s control, including traffic incidents, Vehicle breakdowns, road closures, weather disruptions, emergencies, and authority directives.

Safety overrides schedule: The driver may slow down, reroute, stop, delay departure, or terminate the trip if conditions become unsafe or unlawful.
Authority directives: Checkpoints, inspections, enforcement actions, road closures, curfews, or local restrictions may alter routes, restrict access, or delay travel.
Force majeure: No party is liable for failure or delay due to events beyond reasonable control, including storms, acts of God, governmental actions, emergencies, civil disturbances, landslides, flooding, accidents, public health measures, or sudden safety directives.

Refundability, if any, during cancellations or disruptions caused by force majeure, authority restrictions, or weather disruptions is governed by the Supplier’s rules and by the Agency’s Refund Policy.

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

12.1 Release and Waiver of Claims Against the Agency

To the maximum extent permitted by applicable law, the Client releases, waives, and forever discharges D’Palawan Travel and Tours and 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, driver, or Private Owner;
the service agreement and its negotiation, terms, performance, enforcement, or disputes;
the condition, maintenance, operation, driving decisions, route selection, loading/unloading, roadside stops, or use of any Vehicle; and
any incidents, injuries, death, property loss, theft, disputes, misrepresentations, breaches, delays, cancellations, fines, penalties, impoundment, or illegal acts by the Supplier/driver, the Client, passengers in the Client’s group, or any third party.

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 and enforceable to the maximum extent permitted.

12.2 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, violation of law, breach of this Waiver, unsafe passenger behavior, damage caused by the Client’s group, or misconduct in connection with the service.

12.3 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.

13. Medical Treatment Authorization; Emergency Coordination Limits

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

14. No Reliance; Continuing Applicability

No reliance: The Client acknowledges that they have not relied on any statement, promise, representation, advertisement, or warranty by the Agency regarding the Vehicle-with-driver service and that they have independently evaluated and accepted the arrangement.
Continuing applicability: This Waiver remains in full force and effect for the entire service period, including route changes, delays, extensions, substitutions, reschedules, and any subsequent disputes arising from the same service arrangement.

15. 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.

16. 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.

17. Binding Effect

By making a reservation deposit, booking a Vehicle-with-driver service, accepting pickup, riding as a passenger, or availing the assistance of D’Palawan Travel and Tours, the Client confirms that they have completely read and fully understood this Car Rental (With Driver) 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)