Motorbike Rental (Self-Drive) Waiver and Liability Disclaimer

This Motorbike Rental (Self-Drive) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all self-drive motorbike/scooter rentals coordinated, arranged, introduced, booked, facilitated, 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 serious and unavoidable risks of motorbike use and road travel, (3) your responsibilities as the renter/driver (including responsibility for any passenger you choose to carry), and (4) how liability is allocated among you, independent 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, OPERATE, OR RIDE ANY MOTORBIKE 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 unit, accepting delivery, taking possession, operating, riding, or otherwise using a self-drive motorbike arranged through D’Palawan Travel and Tours, the client (“Client,” “Renter,” “Driver,” or “Rider”) confirms that they have read, understood, and agreed to this Motorbike Rental (Self-Drive) 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 and form part of this Agreement.

Electronic acceptance is binding: Electronic signatures, reservation deposits, booking confirmations, reservation records, payment receipts, photos/videos exchanged for handover, 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 physical signatures 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 unit, or riding. 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.

2. Scope and Definitions

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

all motorbike, scooter, and similar two-wheeled rentals where the Client personally drives/operates the unit;
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, and disputes about condition, damage, loss, impoundment, towing, storage, penalties, 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, or limited emergency response.

Excluded (not covered by this Waiver): This Waiver does not govern motorbike services that include a driver/rider provided by the Supplier (e.g., “habal-habal,” chauffeured motorbike transport, or any motorbike service where another person is hired to drive you). If your arrangement includes a driver provided by the operator, then the Motorbike Rental (With Driver) Waiver and Liability Disclaimer applies instead (and may apply in addition to other relevant Site Policies depending on the booking structure).

Tour/Package Component Application: This Self-Drive Motorbike 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 motorbike/scooter 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 motorbike rental in a tour/package does not change the Agency’s role into a rental operator, 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 Site Policies.

“Supplier” means the independent rental shop, operator, company, or individual who owns/controls the motorbike and provides it to the Renter (including a “Private Owner” where applicable). The Supplier is the party responsible for the unit and any rental terms imposed by that Supplier.

“Motorbike” includes scooters and similar two-wheeled motor vehicles, whether automatic or manual transmission, regardless of engine size.

Passenger note: Self-drive rentals may allow the Renter to carry a passenger depending on law, unit design, and Supplier rules. If the Renter carries a passenger, the Renter remains fully responsible for that passenger’s safety and legal compliance, and this Waiver applies to risks involving both the Driver and any passenger in the Renter’s group.

3. Acknowledgment and Assumption of Risk (High-Risk Activity)

The Renter acknowledges that operating, riding, or carrying a passenger on a motorbike is inherently hazardous and may result in serious injury, permanent disability, death, and property damage. Motorbikes provide limited physical protection compared to cars/vans, and even a minor road incident can lead to severe consequences.

Risks include, without limitation:

Road incidents: collisions with other vehicles, pedestrians, animals, or objects; rear-end collisions; side impacts; sudden braking; and road rage incidents.
Loss of control: skidding, sliding, tipping, wobbling, and loss of traction—especially on wet roads, sand, gravel, mud, oil, loose stones, potholes, uneven surfaces, steep inclines, or unpaved roads.
Falls and rider error: oversteering, understeering, misjudgment of speed/turning radius, unfamiliarity with unit handling, fatigue, distraction, phone use, or panic braking.
Mechanical issues: brake failure, throttle issues, worn tires, tire blowouts, chain/belt issues, steering problems, electrical failure, headlight failure at night, and overheating.
Environmental hazards: sudden rain, flooding, landslides, falling debris, poor visibility, road construction, narrow roads, blind curves, and roads without street lighting.
Third-party negligence: negligent or reckless acts of other drivers/riders, including unsafe overtaking, speeding, distracted driving, or intoxicated driving by others.
Enforcement risks: checkpoints, impoundment, citations, fines, towing/storage, or delays due to licensing/documentation issues, helmet compliance, local ordinances, or enforcement practices.
Passenger risks (if you choose to carry one): passenger movement affecting balance, inadequate passenger grip/foot placement, and increased stopping distance and reduced maneuverability.

Voluntary assumption: The Renter voluntarily and knowingly assumes all risks associated with the rental, possession, operation, use, or riding of any self-drive motorbike 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. Motorbikes 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 motorbike;
is not a motorbike rental operator, dealer, mechanic, insurer, or guarantor;
does not provide training, licensing, safety certification, or riding instruction; 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, operational instructions, and any optional “insurance” or coverage (if offered at all) 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 unit or guarantees its safety, legality, suitability, or roadworthiness.

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

D’Palawan Travel and Tours does not promote, recommend, or encourage engagement with private motorbike owners. The Agency strongly prefers and prioritizes established and licensed motorbike 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 or fully booked. In those situations, and only upon the Renter’s explicit request for assistance, the Agency may help identify independent private motorbike owners (“Private Owners”) solely to help the Client meet self-drive travel needs.

Separate private agreement: The Renter understands and agrees that 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 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 motorbike rental, whether through a Supplier or a Private Owner. This includes, without limitation:

verifying the Supplier’s identity and lawful authority to rent the unit;
checking basic roadworthiness and safety condition (tires, brakes, lights, horn, mirrors, steering, throttle response);
confirming whether the unit has registration documents available (e.g., OR/CR) and understanding local enforcement expectations;
checking helmet availability and fit (and obtaining your own safety gear if needed);
confirming pickup/return time, extension rules, late fees, deposits, fuel policy (if any), and the damage assessment method; 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, 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 motorbike 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.

For coordination, the Renter must provide: full name, rental date(s), pickup/delivery location, and the specific motorbike arrangement availed. Courtesy reminders do not create any duty, guarantee, or liability on the part of the Agency.

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 motorbike operation and is solely responsible for ensuring that their license (including any required endorsements) is valid for the motorbike class operated 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, and reasonable enforcement requirements, including rules on helmets, passenger limits, speed limits, phone use restrictions, and safe driving practices.

No impairment: The motorbike 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.

Prohibited use: The Renter agrees not to use the motorbike for racing, stunts, unlawful purposes, prohibited terrain beyond capability, beach driving where unsafe/unlawful, river crossings where hazardous, or any use contrary to Supplier rules. The Renter is solely responsible for any resulting damage, impoundment, fines, penalties, towing, storage charges, downtime charges, and third-party claims.

9. Helmet and Protective Gear; Safety Expectations

Helmet use: The Renter agrees to wear a helmet at all times while operating or riding as a passenger on the motorbike. The Renter acknowledges that lack of helmet use significantly increases the risk of catastrophic injury or death.

Protective gear: The Renter is strongly advised to use protective gear suitable for motorbike travel (e.g., closed shoes, long pants, gloves, and protective outerwear). The Agency does not provide safety gear and does not guarantee gear availability from Suppliers.

Passenger safety (if you choose to carry one): If carrying a passenger, the Renter is responsible for passenger safety, including helmet use for the passenger, lawful passenger limits, and compliance with any passenger restrictions imposed by law or by the Supplier. The Renter accepts that carrying a passenger changes handling and increases risks.

10. Condition of Motorbike, Inspection, and Responsibility During Rental

Inspection at handover: The Renter is responsible for inspecting the motorbike before use. This includes checking visible condition (scratches, dents), verifying basic functions (brakes, lights, horn), and confirming any known issues with the Supplier.

Photo/video documentation recommended: The Renter is strongly encouraged to take timestamped photos/videos of the unit at pickup/delivery and at return. This helps minimize disputes about pre-existing scratches, dents, missing parts, wear items, or damage claims.

Responsibility during rental: Once the Renter accepts possession, the Renter accepts responsibility for damage, theft, loss, impoundment, fines, penalties, towing, 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.

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, unit downtime, or condition.

11. Deposits, IDs, Fines, Penalties, 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, and disputes about IDs and deposits remain between the Renter and the Supplier/Private Owner.

Accidents and incident reporting: If an accident, injury, loss, theft, or incident occurs, the Renter is responsible for complying with lawful reporting requirements (including barangay/police reporting where applicable), coordinating directly with the Supplier/Private Owner regarding next steps, and documenting the incident. The Agency may relay messages only if requested, but has no duty to investigate, negotiate, reimburse, or assume responsibility for outcomes.

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

Impoundment: If the motorbike is impounded or held by authorities for any reason (including documentation issues, violations, or incidents), 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 motorbike and does not have custody or control over any motorbike at any time.
No inspection duty: The Agency does not inspect, certify, or guarantee mechanical condition, safety, roadworthiness, legal compliance, suitability, or fitness of any motorbike. The Renter is solely responsible for due diligence and inspections deemed necessary before operating the motorbike.

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 motorbike rental, including fitness for a particular purpose, merchantability, quality, safety, legality, registration, insurance coverage, title, availability, or accuracy of information provided by any Supplier or Private Owner.
Information provided “as is”: Any information, listing, introduction, quote, or communication facilitated by the Agency is provided on an “as is” and “as available” basis solely for coordination purposes, without verification or endorsement.

14. Allocation of Risk and Renter Obligations

Assumption of risk: The Renter assumes all risks associated with operating, using, or riding a motorbike, 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, third-party claims, violations, towing/storage, downtime charges, and related expenses during the rental period, subject to Supplier terms and applicable law.
Duty of care: The Renter agrees to operate the unit prudently, avoid risky conditions beyond skill level, reduce speed during rain/poor visibility, avoid flooded roads where unsafe, and stop using the unit if a safety issue is suspected.

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 motorbike; 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 motorbike, carrying passengers contrary to rules, negligent/reckless conduct, or disputes with Suppliers/Private Owners related to 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 motorbike 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. 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.

19. 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.

20. Binding Effect

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