Disclaimer

This Disclaimer explains the limits of responsibility and liability of D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”) and this website (the “Site”). It is intended to help you clearly understand: (1) what information on this Site means and does not mean; (2) the Agency’s role primarily as a booking and coordination facilitator; (3) the fact that many travel services are performed by independent third-party providers; and (4) how travel conditions, operational rules, and official directives may change without notice.

This Disclaimer is written in traveler-friendly language, but it is also a legally protective document. It is designed to prevent misunderstandings, reduce disputes, and support transparency consistent with responsible travel agency conduct and applicable law.

IF YOU DO NOT FULLY AGREE TO THIS DISCLAIMER AND ALL OTHER SITE POLICIES (INCLUDING ALL SERVICE-SPECIFIC WAIVERS AND LIABILITY DISCLAIMERS), DO NOT USE THIS SITE, DO NOT PROCEED WITH ANY BOOKING, AND DO NOT AVAIL ANY SERVICE THROUGH THE AGENCY.

1. Acceptance of Terms and Incorporation by Reference

This Disclaimer is part of the Agency’s overall legal framework. By accessing the Site and/or proceeding with any inquiry, reservation, deposit, payment, booking confirmation, waiver signing, or service availment through the Agency, you acknowledge that you have read, understood, and agreed to be bound by this Disclaimer, together with the Agency’s other published legal pages (collectively, the “Site Policies”).

By making a reservation, submitting payment, paying any deposit, signing any waiver, replying “Confirmed/Agree/Yes,” or otherwise availing services of third parties through the Agency, the client (“Client” or “Renter”) acknowledges that they have read, understood, and agreed to this Disclaimer, including this site’s Terms of Service, Terms of Use, Privacy Policy, Disclosure, and Refund Policy, all of which are incorporated herein by reference.

If any provision across any Site Policy, waiver, or legal page appears vague, ambiguous, inconsistent, or conflicting, the Client agrees to contact the Agency for clarification before proceeding. To the fullest extent permitted by law, the Agency may provide interpretation and clarification for coordination and documentation purposes; however, nothing in this Disclaimer is intended to unlawfully waive rights that cannot be waived under applicable Philippine law (including mandatory consumer protection standards).

2. Agency Role: Booking and Coordination Facilitator Only

D’Palawan Travel and Tours is a travel and booking agency that helps Clients coordinate travel-related services. The Agency is not a tour operator, transport operator, rental operator, boat operator, accommodation provider, carrier, vessel owner, fleet manager, or insurer unless explicitly stated in writing on an official booking confirmation.

Many services promoted, referenced, arranged, or coordinated through the Agency are delivered by independent third parties such as hotels, transport providers, boat operators, motorbike rental suppliers, guides, and tour operators (“Independent Providers” or “Providers”).

What this means in practice: The Agency can help you identify options, request quotations, reserve schedules, coordinate pickup points, communicate requirements, and relay Provider updates. However, the actual service—vehicle/boat assignment, staffing, safety protocols, route decisions, boarding rules, equipment condition, maintenance, and real-time operational decisions—is controlled by the Provider and may be influenced by weather, safety assessments, official directives, and capacity limits.

3. Third-Party Services and Provider Responsibility

The Agency arranges travel packages and bookings composed of services provided by independent third parties. While we may exercise reasonable care in coordination and communication, each service is ultimately operated under the responsibility of its respective Provider.

Accordingly, the Agency shall not be held liable for any loss, injury, accident, delay, cancellation, non-performance, service interruption, or other incident arising from the acts or omissions of Providers, private owners, or other third parties.

Direct claims: Claims, disputes, chargebacks, refund requests, replacements, credits, or remedies related to Provider service performance generally must be addressed with the responsible Provider and are subject to the Provider’s own terms, policies, evidence requirements, and timelines. The Agency may assist in relaying communications as a courtesy, but does not guarantee outcomes, approvals, or timelines.

No partnership implied: Coordination with a Provider does not create a partnership, joint venture, employment relationship, or agency relationship between the Agency and the Provider. Providers remain independent contractors or independent businesses responsible for their own operations, compliance, and liabilities.

4. Informational Content Only; No Professional Advice

Content on this Site (including pages, posts, itineraries, sample schedules, suggested routes, travel tips, photos, videos, maps, blogs, articles, and messages) is provided for general reference and convenience only.

No legal, medical, financial, insurance, or professional advice: Nothing on this Site constitutes legal advice, medical advice, insurance advice, safety certification, or professional guidance. You should consult competent professionals and/or official authorities for advice tailored to your situation (for example, medical readiness for travel, legal requirements, insurance coverage, and regulatory compliance).
Not an official advisory substitute: Site content is not an official government advisory. For safety or regulatory matters, verify directly with relevant authorities (e.g., tourism offices, port authorities, Philippine Coast Guard, protected-area management offices, LGUs, or other agencies).
Personal responsibility: The Client remains responsible for compliance with laws, manifests, documentation requirements, medical fitness, and Provider participation rules.

Traveler reminder: If you have health conditions (e.g., pregnancy, severe motion sickness, asthma, heart conditions, mobility limitations), consult your physician and assess fitness for travel activities. Providers may deny participation for safety reasons under their rules without creating liability for the Agency.

5. Travel Conditions Change Frequently (Weather, Sea State, Directives, and Closures)

Travel conditions in Palawan and nearby areas can change quickly due to weather, sea state, tides, port and road conditions, site capacity limits, local ordinances, protected-area rules, and government advisories.

Schedules, routes, inclusions, stops, departure windows, pickup points, and availability may change without notice and are often outside the Agency’s control. For example, a sunny forecast may still result in sea travel restrictions, and a planned route may change due to road hazards, flooding, landslides, mechanical issues, or official checkpoints.

Clients should verify critical travel details directly with Providers and, where applicable, with official sources. The Agency can assist in relaying updates, but cannot guarantee stable conditions, uninterrupted operations, or identical execution to a sample itinerary.

6. Best-Effort Updates; No Guarantee of Completeness or Accuracy

We use reasonable efforts to keep Site content current and useful. However, we do not guarantee that any content is complete, error-free, fully up to date, or suitable for a particular purpose.

Information may become outdated at any time, and content may be corrected, updated, replaced, or removed without prior notice. This may include changes to prices, routes, schedules, access rules, environmental fees, port requirements, local rules, and Provider availability.

To avoid misunderstandings, the Client agrees to cross-check important information—particularly regarding pricing, time estimates, distances, pickup points, inclusions, exclusions, permit/manifest requirements, age restrictions, safety rules, and Provider policies.

7. Pricing, Inclusions, and Package Variations

Prices and inclusions may vary depending on season, availability, Provider policy, fuel costs, regulatory fees, local ordinances, and operational factors. Some packages may appear similar but differ in important ways (inclusions, exclusions, equipment used, safety gear, meal arrangements, route components, onsite fees, and Provider-specific rules).

No uniform inclusions: The Agency does not warrant that all Providers offer identical inclusions for similarly named tours or packages. “Standard” tour names may refer to different inclusions depending on Provider and location.

Controlling details: The controlling details are those stated in the official booking confirmation, the Provider’s final service terms (where applicable), and any operational rules applicable on the travel date.

Onsite fees: Some destinations require onsite payment of environmental fees, entrance fees, or permits, which may change by official directive. If an onsite fee is required, the Client is responsible for paying it unless the booking confirmation explicitly states it is included.

8. Photos, Videos, and Media Differences

Photos and videos on the Site are for illustration and general reference only. Actual experiences, accommodations, vehicles, boats, routes, equipment, weather, water clarity, and conditions may vary.

Media may appear different due to lighting, camera angle, season, tide, time of day, pixel density, screen resolution, compression, color profiles, filters, enhancements, file formats, or device settings.

No guarantee: The Agency does not guarantee that media precisely reflects current or actual conditions on the day of travel, and the Agency is not responsible for perceived differences.

9. Assumption of Risk and Travel Hazards

Travel involves inherent and unavoidable risks. Depending on the service availed, risks may include (without limitation) road accidents, sea conditions, waves and currents, slips and falls, mechanical breakdowns, adverse weather, environmental hazards, wildlife encounters, illness, injuries, theft, property loss, service disruption, acts/omissions of third parties, and force majeure events.

Even when Providers implement safety measures, risks cannot be eliminated. The Client is encouraged to assess personal fitness and risk tolerance and to secure appropriate personal insurance (health, accident, baggage, and trip interruption/cancellation) suitable for planned activities.

Important: The Agency does not provide insurance coverage and does not guarantee the existence, adequacy, validity, or claim approval of any Provider insurance.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Agency will not be liable for any loss or damages (whether direct, indirect, incidental, special, consequential, punitive, or otherwise) arising from or related to:

use of or reliance on Site content, communications, blog posts, itinerary suggestions, or published materials;
errors, omissions, delays, or outdated information on the Site;
delays, rescheduling, cancellations, substitutions, overbookings, or non-performance by any Provider;
accidents, injuries, illness, theft, property loss, disputes, or incidents occurring during travel or service delivery;
the Client’s failure to verify information, comply with rules, bring required identification, provide accurate manifest details, or follow safety instructions;
official directives, port closures, protected-area closures, environmental restrictions, weather events, and other circumstances beyond the Agency’s operational control; and
third-party acts or omissions (including Providers, private owners, other travelers, drivers, crew, and unrelated third parties).

Where liability cannot be excluded under applicable law, the Agency’s liability shall be limited to the maximum extent permitted by law and, where applicable, limited to the amount actually received by the Agency for facilitation services (excluding amounts paid to Providers), if any.

11. Maximum Liability; Limitation of Damages

To the maximum extent permitted by applicable law, D’Palawan Travel and Tours (including its owners, officers, employees, contractors, agents, affiliates, and representatives) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of opportunity, loss of goodwill, loss of data, business interruption, or similar damages, whether arising in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

Maximum Liability Cap. To the maximum extent permitted by applicable law, the total aggregate liability of D’Palawan Travel and Tours to you for any and all claims, demands, causes of action, losses, costs, or damages arising out of or relating to (a) your use of dpalawantravelandtours.com, (b) any inquiry, booking, reservation, travel arrangement, itinerary, tour, transport, accommodation, or other service request, (c) any payment made through or in connection with our facilitation/coordination services, or (d) any waiver, confirmation, message, instruction, or transaction with us, shall be limited to the lower of:

the amount actually received and retained by D’Palawan Travel and Tours as service, coordination, or facilitation fees for the specific booking or transaction giving rise to the claim; or
PHP 5,000 (or its foreign-currency equivalent at the time of payment), as a reasonable and pre-agreed cap for online facilitation services.

For clarity, amounts paid to third-party providers (including but not limited to tour operators, boat operators, drivers, hotels, resorts, airlines, transport companies, and activity providers) are not “amounts received and retained” by D’Palawan Travel and Tours and remain subject to the third-party provider’s own terms, conditions, and refund policies.

Third-Party Services. Where we act only as a coordinator or booking facilitator, you understand and agree that operational control, safety decisions, staffing, equipment, permits, routes, schedules, weather assessments, and actual delivery of services are determined by the independent third-party provider(s). Any claim relating to acts or omissions of such third-party provider(s) should be directed to the provider(s) concerned, subject to their terms and applicable law.

Allocation of Risk. You acknowledge that these limitations of liability are a fundamental basis of the agreement between you and D’Palawan Travel and Tours and reflect a fair allocation of risk in light of the fees charged for facilitation services.

Consumer Rights. Nothing in this clause excludes or limits liability that cannot be excluded or limited under applicable law, including non-waivable rights under applicable Philippine consumer protection laws.

12. External Links and Third-Party Websites

The Site may contain links to external websites, booking systems, social media pages, maps, embedded tools, payment platforms, or Provider pages. The Agency does not control those websites and is not responsible for their content, availability, accuracy, privacy practices, security, or terms.

Use of third-party sites is at the Client’s own risk. When you leave our Site, the third party’s terms and policies apply.

13. Service-Specific Waivers and Liability Disclaimers (Integral Disclosure)

IMPORTANT: In addition to this general Disclaimer, the Agency publishes service-specific waivers and liability disclaimers that apply depending on the type of service you inquire about, reserve, book, pay for, or participate in. These service-specific waivers are equally integral to the Agency’s legal framework and are incorporated by reference into the Agency’s Terms of Service and other Site Policies.

These service-specific waivers exist because different activities carry different risks (for example, sea travel risks differ from motorbike rental risks, and land transfers differ from island hopping). Each waiver/disclaimer includes additional risk disclosures, assumptions of risk, participant responsibilities, and liability limitations that are tailored to the specific service type.

When applicable, you are required to read and agree to the relevant service-specific waiver(s) before proceeding. Acceptance may occur through signing, clicking acceptance, replying “Agree/Yes/Confirmed,” submitting payment, paying a deposit, or participating in the activity—depending on the booking method and the Provider’s process.

Service-specific waivers and liability disclaimers currently published on this Site include, among others:

Future waivers and updates: The Agency may publish additional service-specific waivers/disclaimers over time as services evolve or as operational and legal needs require. The version posted on the Site (and/or provided at booking) will control for future bookings. If you are unsure which waiver applies to your booking, you must contact us for clarification before proceeding.

14. Changes to This Disclaimer

The Agency may update or revise this Disclaimer at any time. The version posted on the Site is the controlling version for future use and bookings. Continued use of the Site after changes are posted constitutes acceptance of the updated Disclaimer.

For existing bookings, the version in effect at the time of booking will generally apply unless an update is required by law or expressly accepted by the Client.

15. Contact Us for Clarification

If you have any questions about this Disclaimer or any Site Policy, you must contact the Agency for clarification before proceeding. Do not proceed with any booking, deposit, waiver acceptance, or service availment if you do not fully agree to all provisions.

Please reach us via our Contact Us page.

UPDATED: January 3, 2026 (Philippines)