Land Transfer (By Car/Van) Waiver and Liability Disclaimer

This Land Transfer (By Car/Van) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all land transfers, car/van transfers, land transport segments, and land-based travel movements that are 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 manner so you clearly understand: (1) the Agency’s facilitator-only role; (2) the real-world risks of road travel in Palawan and nearby areas (including remote routes); (3) your responsibilities as a passenger/traveler; and (4) how responsibility and liability are allocated among you, independent transport providers, 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 LAND 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,” entering a vehicle, allowing a driver to proceed to your pickup location, or otherwise availing land transfer services through D’Palawan Travel and Tours, the client (“Client,” “Passenger,” or “Traveler”) confirms that they have read, understood, and agreed to this Land Transfer (By Car/Van) 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, screenshots, 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.

Clarification before travel: If any provision across this Waiver or the Site Policies appears vague, ambiguous, inconsistent, or conflicting, the Client agrees to contact us to request clarification before proceeding. The Agency may provide written clarifications 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 protection standards).

2. Scope and Applicability

This Waiver applies to all land-based transfers and land transport arrangements facilitated by the Agency, including (without limitation):

• Point-to-point transfers: airport transfers, hotel/resort transfers, terminal transfers, port transfers, and similar pickups/drop-offs;
• Inter-town and inter-area movements: car/van transport between municipalities, tourist sites, inland destinations, and remote barangays;
• Land tours and multi-stop routes: itineraries involving multiple stops where the primary movement is by car/van;
• Shared/joiner transfers: shared rides arranged through independent drivers/operators (subject to seat availability and routing practicalities);
• Operational substitutions: vehicle substitutions, driver substitutions, route substitutions, detours, delays, or schedule adjustments required for safety, availability, compliance, or road conditions; and
• Transport segments in packages: any land transport segment included in a tour package or multi-day itinerary (in which case other waivers may also apply, depending on the overall services).

For avoidance of doubt: This Waiver specifically addresses land-transfer risks and allocation of responsibilities for land transport. If your booking is part of a broader package, additional waivers may apply.

Tour/Package Component Application: This Land Transfer (By Car/Van) 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 land transfer by car/vehicle is included as a component (whether bundled, add-on, or incidental), and where the actual transport service is performed by independent third-party transport suppliers (or private vehicle owners, if applicable). For avoidance of doubt, inclusion of land transfer 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.

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

The Client acknowledges that traveling by car or van involves inherent and unavoidable risks—even when drivers use reasonable care—because road and environmental conditions may change quickly, and travel may involve hazards that cannot be fully eliminated, especially in remote areas.

Without limiting the generality of the above, risks may include (without limitation):

• Road incidents: collisions, sudden braking, swerving, vehicle rollover, pedestrian/animal crossings, and driver error by any road user.
• Mechanical risks: mechanical failure, engine trouble, overheating, brake issues, tire blowouts, battery/electrical issues, and unexpected breakdowns.
• Road conditions: potholes, uneven surfaces, gravel, mud, sand, narrow roads, steep inclines, limited lighting, blind curves, and unmarked hazards—especially in remote areas.
• Weather and natural events: heavy rain, flooding, landslides, falling debris, strong winds, and reduced visibility.
• Traffic and enforcement: congestion, road closures, checkpoints, random inspections, rerouting by authorities, and delays due to local events.
• Remote-area realities: limited roadside assistance, weak mobile signal, limited repair facilities, and longer emergency response times.
• Third-party acts/omissions: acts or omissions of the driver/operator, other drivers, passengers, pedestrians, and unrelated third parties.

Voluntary assumption: The Client voluntarily assumes all risks associated with land transfers, including delays, missed connections, accidents, injuries, illness, property damage, theft, and/or loss, 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 connecting Clients with independent drivers, vehicle owners, and/or licensed transport suppliers (“Transport Suppliers”).

The Client acknowledges and agrees that the Agency:

• does not own, operate, control, drive, dispatch, maintain, inspect, certify, store, or manage any vehicle used for land transfers;
• is not a carrier, transport operator, fleet manager, employer of drivers, or insurer; and
• is not a party to the service agreement between the Client and the Transport Supplier/vehicle owner.

Provider responsibility: All operational aspects—such as vehicle condition, roadworthiness, driver selection, routes, departure windows, meeting points, passenger capacity, luggage limits, stop rules, waiting time rules, and safety procedures—are determined and performed exclusively by the Transport Supplier or vehicle owner.

Coordination does not equal control: Even if the Agency helps relay messages, confirm pickup times, share location pins, or provide coordination reminders, the Agency does not become the operator, supervisor, dispatcher, safety controller, or guarantor of the transfer.

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

D’Palawan Travel and Tours does not promote, recommend, or encourage the use of informal private car or van owners. The Agency prefers licensed and established land transport operators whenever available to promote safety, regulatory compliance, and service reliability.

However, in certain locations, seasons, or circumstances, licensed 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 car or van owners (“Private Owners”) solely to help the Client meet travel needs.

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

No duty to ensure legality or fitness: The Agency is not responsible for negotiating, executing, enforcing, supervising, monitoring, or performing any private transfer agreement, and does not assume any duty to ensure driver qualifications, vehicle condition, legality, insurance coverage, or overall safety.

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

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

No verification/endorsement by the Agency: The Agency does not warrant, verify, endorse, or guarantee licensing status, legal compliance, insurance coverage, or service quality of any Transport 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 land 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 car or van transfer.

This requirement exists because traffic conditions, checkpoints, weather disturbances, mobile signal issues, and network failures may occur and are beyond the Agency’s control. Advance contact supports timely coordination with the driver regarding pickup timing, vehicle identification, route notes, and any authority cut-off times.

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.

For coordination purposes, the Client must provide: full name, transfer date, pickup location, destination, passenger count, and the specific land transfer arrangement availed. Courtesy reminders from the Agency do not create any duty, guarantee, or liability.

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

8. Independent Relationship; No Creation of Agency; No Authority to Bind

• No agency or employment: Nothing herein creates any agency, partnership, joint venture, employer–employee, franchisor–franchisee, fiduciary, or representative relationship between the Agency and any Transport Supplier, Private Owner, driver, or Client.
• No authority to bind: The Agency has no authority to make or accept offers, enter contracts, waive rights, or bind the Transport Supplier, Private Owner, driver, or Client in any manner.

The Client understands that the Agency’s communications are for facilitation and coordination only. The driver/operator retains control over operational decisions, subject to laws and official directives.

9. No Ownership, Control, Inspection, or Maintenance

• No control or possession: The Agency does not own, lease, manage, store, operate, repair, or maintain any vehicle offered by Transport Suppliers or Private Owners, and does not have custody or control over such vehicles at any time.
• No inspection duty: The Agency does not inspect, certify, or guarantee mechanical condition, safety, roadworthiness, legal compliance, or suitability of any vehicle. The Client is solely responsible for conducting due diligence and any inspections deemed necessary before boarding.

If the driver/operator makes statements like “good condition,” “safe,” or “new,” those are statements of the driver/operator and are not verified, adopted, or guaranteed by the Agency.

10. No Representations, Warranties, or Guarantees

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

Travel reality note: Road travel conditions can change quickly in Palawan. Floods, damaged roads, temporary closures, and checkpoints can cause sudden delays. The Client agrees to allow buffer time and remain flexible. Estimated travel times (if any) are estimates only and are not guarantees.

11. Allocation of Risk and Client Obligations

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

• Assumption of risk: The Client assumes all risks associated with land travel and transfer services, including injury, death, property damage, theft, mechanical failure, delay, and third-party claims.
• Seatbelts and child safety: The Client agrees to use seatbelts where available and to comply with child safety requirements and reasonable safety instructions. If traveling with minors, the adult leader is responsible for supervision and compliance at all times.
• Compliance and conduct: The Client must comply with applicable laws and act safely (no harassment of drivers, no disorderly behavior, no contraband). Drivers may refuse or terminate service for safety or legal compliance reasons.
• Checkpoint cooperation: The Client agrees to cooperate with lawful checkpoint requirements, including presentation of valid IDs when required by authorities.
• Belongings: The Client is responsible for personal belongings at all times. Keep valuables secured and do not leave important items unattended.
• Health and fitness considerations: The Client should consider personal needs (motion sickness, back conditions, pregnancy, etc.) and bring necessary medications. The Agency does not provide medical advice and does not guarantee availability of medical services during transit.

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

Release and waiver: To the maximum extent permitted by applicable law, the Client releases, waives, and forever discharges 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 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, driving, transport, or use of any vehicle; and
• any accidents, injuries, deaths, losses, theft, delays, disputes, misrepresentations, breaches, or illegal acts by the Transport Supplier, Private Owner, driver, Client, or any third party.

Indemnification: The Client agrees to defend, indemnify, and hold harmless the Agency from and against any third-party claims, damages, losses, penalties, or expenses (including reasonable attorneys’ fees) arising from the Client’s acts, omissions, violation of law, breach of this Waiver, or misconduct in connection with the land transfer.

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

Non-waivable rights: This section is intended to apply to the fullest extent permitted by law and does not unlawfully waive rights that cannot be waived under applicable law. If any portion is deemed unenforceable, the remaining portions remain effective.

13. No Reliance; Client Acknowledgment; 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 land transfer and that they have independently evaluated and accepted the arrangement.
• Continuing applicability: This Waiver remains in full force and effect for all land transfers facilitated by the Agency, including adjustments, detours, substitutions, reschedules, and return trips related to the same itinerary.

14. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical concern during the land transfer, the Client authorizes the Transport Supplier/driver (and, where necessary, the Agency acting solely as a coordinator) to seek medical assistance as deemed reasonably necessary under the circumstances.

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 availability of local facilities; and
• the Client is responsible for all related costs, including emergency transport, hospitalization, and medical fees.

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. Any invalid provision shall be interpreted, where possible, to reflect the parties’ intent in a lawful and enforceable manner.

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, submitting payment, booking a transfer, or availing the assistance of D’Palawan Travel and Tours, the Client confirms that they have completely read and fully understood this Land Transfer (By Car/Van) 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)