Motorbike Rental (with Driver) Waiver and Liability Disclaimer

This Motorbike Rental (with Driver) Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all motorbike/scooter arrangements that include a driver/rider provided by the supplier (often referred to locally as “habal-habal,” “motorbike with driver,” “motorbike taxi,” “backride,” or similar services) that are coordinated, arranged, introduced, booked, referred, facilitated, or otherwise assisted by D’Palawan Travel and Tours (the “Agency,” “we,” “us,” or “our”).

For consistency across the Agency’s policies, the term “Motorbike” in this Waiver includes two-wheeled motorized vehicles such as motorcycles, scooters, underbones, and similar units used for passenger transport (each, a “Motorbike”), whether privately owned or operated by an independent supplier. This Waiver also applies where the Supplier provides a driver/rider and the Client rides as a passenger (a “Motorbike-with-Driver Service”).

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 serious and high-risk nature of motorbike road travel, (3) your responsibilities as a passenger/client, and (4) how liability is allocated between you, independent suppliers/drivers, private owners, other road users, 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 OR PARTICIPATE IN ANY MOTORBIKE 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,” boarding or riding as a passenger, accepting pickup, receiving coordination details, or otherwise availing a motorbike-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 Motorbike 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 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 riding: If any provision across this Waiver or the Site Policies appears vague, ambiguous, inconsistent, or conflicting, the Client agrees to contact us and request clarification before paying, confirming, 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, including mandatory consumer protections where applicable.

Harmony across policies: This Waiver is intended to be read together with the Site Policies. Where possible, provisions must be interpreted in a consistent and non-contradictory manner. If an unavoidable conflict exists, the Agency will apply the most specific provision applicable to the transaction (motorbike-with-driver) to the extent permitted by law, while preserving non-waivable rights.

2. Scope and Definitions

This Waiver applies to motorbike/scooter services where a driver/rider is provided by an independent supplier and the Client rides as a passenger. Covered services may include (without limitation):

point-to-point passenger transport on a Motorbike with a driver (including short transfers, local rides, and inter-area travel where applicable);
hourly or daily hire of a Motorbike and driver for local road travel and errands;
multi-stop itineraries where the driver transports the Client between multiple locations during an agreed period;
pickup/drop-off coordination, meeting point changes, route changes, delays, and safety-related diversions; and
services in remote or rural areas where road conditions may be rough, unpaved, steep, muddy, sandy, rocky, flood-prone, or under construction.

Tour/Package Component Application: This Motorbike Rental (with Driver) 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 motorbike rental with driver is included or facilitated as a component (whether bundled, add-on, or incidental), and where the actual service is performed by independent third-party suppliers/drivers (or private owners/drivers, if applicable). For avoidance of doubt, inclusion of a motorbike service with driver in a tour/package does not change the Agency’s role into a 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: This Waiver is not intended to govern self-drive motorbike rentals where the Client drives the unit. If the Client drives/operates the motorbike, the Agency’s Motorbike Rental (Self-Drive) Waiver and Liability Disclaimer (once published) applies instead.

“Supplier” means the independent driver/operator, motorbike owner, transport provider, company, association, cooperative, or individual who provides the Motorbike and driver to the Client (including a “Private Owner” where applicable). The Supplier is responsible for the Motorbike, driver assignment, operational decisions, safety practices, compliance, and any supplier-imposed terms.

“Private Owner” means an independent individual who provides a Motorbike-with-Driver Service upon the Client’s explicit request for assistance when formal Suppliers are unavailable, fully booked, or not servicing a route or schedule.

3. Acknowledgment and Assumption of Risk (High-Risk Road Travel)

The Client acknowledges and agrees that riding as a passenger on a Motorbike is inherently hazardous and high-risk and may result in serious injury, permanent disability, death, and property damage. Motorbikes provide limited physical protection compared to cars/vans, and even minor road incidents 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; road rage incidents; and unexpected door opening or roadside hazards.
Loss of control and traction: skidding, sliding, tipping, wobbling, fishtailing, and loss of traction—especially on wet roads, sand, gravel, mud, oil, loose stones, potholes, uneven surfaces, steep inclines, descents, or unpaved roads.
Passenger-specific risks: falls during mounting/dismounting; imbalance due to passenger movement; clothing/straps caught in wheels/chain; inadequate grip/foot placement; injury during sudden acceleration or braking; and risk of being thrown from the unit during impact or sudden stops.
Mechanical and equipment issues: brake failure, throttle issues, worn tires, tire blowouts, chain/belt issues, steering problems, electrical failure, headlight failure at night, overheating, and failure of any safety accessory.
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 road users, including unsafe overtaking, speeding, distracted driving, intoxicated driving, or violation of traffic rules by others.
Local conditions and enforcement: checkpoints, detours, local road restrictions, impoundment, citations, fines, delays, disruptions due to authority directives, and variable local practices.
Health-related risks: heat exhaustion, dehydration, sunburn, dust exposure, asthma triggers, anxiety/panic response, aggravation of prior injuries, and motion-related discomfort.

Voluntary assumption: The Client voluntarily and knowingly assumes all risks associated with riding on a Motorbike with driver arranged through the Agency, whether foreseeable or unforeseeable, to the fullest extent permitted by law.

Suitability warning: Motorbike-with-driver travel may not be suitable for everyone. Clients who are pregnant, elderly, have mobility limitations, have serious medical conditions, are traveling with very young children, or are uncomfortable with motorbike riding should select safer alternatives (e.g., car/van transfers) when available.

4. Role of the Agency (Facilitator Only)

D’Palawan Travel and Tours acts solely as a booking and coordination facilitator connecting Clients with independent Suppliers who provide Motorbike-with-Driver Services.

The Client acknowledges and agrees that the Agency:

does not own, operate, control, dispatch, employ, supervise, train, or manage any driver or Motorbike used for the service;
is not a transport carrier, motorbike operator, employer, safety manager, insurer, or guarantor;
does not provide driver vetting, road safety certification, or riding instruction; and
is not a party to the transport/service agreement between the Client and the Supplier/driver.

Supplier responsibility: All operational aspects—such as driver selection, route choice, speed, riding decisions, Motorbike condition, maintenance, safety equipment, compliance with traffic laws, passenger limits, 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 timing, suggest routes, coordinate meeting points, or assist with itinerary discussions, the Agency does not become the operator, supervisor, employer, or safety authority for the service.

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

D’Palawan Travel and Tours does not promote, recommend, or encourage engagement with unlicensed or informal private drivers. The Agency strongly prefers established and lawfully operating Suppliers whenever available.

However, in some locations or seasons, formal operators may be unavailable, fully booked, not servicing a route, or subject to local constraints. In those situations, and only upon the Client’s explicit request for assistance, the Agency may help identify independent private drivers or informal providers (“Private Owners”) solely to help the Client meet road 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, or enforce private agreements.

Client due diligence: The Client is solely responsible for deciding whether to proceed, including assessing comfort level, basic safety readiness (helmet availability and fit), passenger suitability, route conditions, and any concerns before riding. The Client is encouraged to refuse service if they feel unsafe.

6. Client Conduct, Cooperation, and Passenger Safety Obligations

The Client agrees to follow all reasonable safety instructions from the driver and to act responsibly as a passenger. Without limitation, the Client agrees to:

Helmet use (critical safety rule): Wear a properly fitted helmet at all times while riding. The Client acknowledges that failure to wear a helmet significantly increases the risk of catastrophic injury or death. If a helmet is not available or does not fit properly, the Client should refuse to ride.
Appropriate clothing and secure items: Wear appropriate footwear (closed-toe recommended), avoid loose clothing, and ensure straps/bags do not dangle. Keep clothing, straps, and bags secure and away from moving parts (wheels, chain, sprocket, exhaust).
Proper mounting/dismounting: Mount and dismount only when instructed and when the Motorbike is stable, stopped, and safe. Use care on uneven ground, wet surfaces, sand, or slopes.
Passenger behavior and balance: Avoid sudden movements that can affect balance; keep feet on foot pegs; hold securely; and do not distract the driver. The Client acknowledges that passenger movement can contribute to loss of balance or loss of control.
Fitness to ride and disclosure: Inform the driver (and, where coordination is needed, the Agency) if the Client has conditions that may affect safety (e.g., pregnancy, heart conditions, severe motion sensitivity, asthma, injuries, mobility limitations).
No impairment: Do not ride while intoxicated or under the influence of substances that compromise judgment or balance.
Weather judgment: Cooperate if the driver recommends slowing down, rerouting, delaying, or stopping due to rain, flooding, poor visibility, or unsafe road conditions.
Valuables and property: Secure personal items and accept the risk of rain, dust, vibration, and sudden movement. The Agency is not responsible for loss, theft, or damage to personal property.

Right to refuse or terminate service: The Supplier/driver may refuse a ride, refuse unsafe requests (e.g., overloading, speeding), require helmet use, adjust the route, or terminate the trip for safety or compliance reasons. Such decisions are outside the Agency’s control and may affect refund eligibility under the Supplier’s rules and the Agency’s Refund Policy.

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 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, 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.

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

8. No Representations, Warranties, or Guarantees

Disclaimers: The Agency makes no representations, warranties, or guarantees—express, implied, or statutory—regarding any aspect of the Motorbike-with-Driver Service, including driver competence, safety, legality, licensing status, motorbike registration/documentation, insurance coverage, helmet condition/availability, route outcomes, arrival times, or the accuracy of information provided by any Supplier/driver.
Information provided “as is”: Any information, listing, route suggestion, 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.

Practical note: Road travel conditions in Palawan can change quickly due to weather, roadworks, checkpoints, flooding, landslides, and local events. The Client agrees to maintain flexibility and prioritize safety over preferences.

9. Delays, Route Changes, Authority Directives, and Force Majeure

The Client acknowledges that travel conditions can change quickly and that routes and schedules may be affected by factors beyond the Agency’s control. The Client agrees that:

Safety overrides schedule: The driver may adjust speed, route, meeting points, or stop/terminate the trip if conditions become unsafe.
Authority directives: Checkpoints, road closures, local restrictions, curfews, enforcement actions, or local directives may alter routes, delay travel, or prevent access to certain areas.
Weather impacts: Sudden rain, flooding, landslides, falling debris, or poor visibility may cause delays, reroutes, or cancellation for safety reasons.
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, accidents, infrastructure failures, or sudden safety directives.

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

10. 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 any Supplier, driver, or Private Owner;
the service agreement and its negotiation, terms, performance, enforcement, or disputes;
the condition, maintenance, operation, riding decisions, route selection, speed choices, or use of any Motorbike;
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; and
any act or omission of third parties, including other motorists, pedestrians, animals, or authorities, that contribute to or cause loss or injury.

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, unsafe passenger behavior, damage caused by the Client, or misconduct in connection with the service.

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.

11. Medical Treatment Authorization; Emergency Coordination Limits

In the event of an accident, injury, or medical episode, the Client authorizes the Supplier/driver or, 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, road conditions, and availability of local facilities; and
the Client is responsible for all related costs, including emergency transport, clinic/hospital fees, medications, supplies, and medical expenses.

12. Data, Communications, and Privacy

Notice channels: Official coordination, confirmations, pickup details, and trip updates may be conducted via WhatsApp, Viber, WeChat, SMS, Messenger, and/or email. The Client agrees to maintain reachable contact during the service day for safety and coordination.

Evidence of communications: Timestamped messages, photos, videos, and location pins exchanged through official channels may be used to document meeting point changes, delays, acknowledgments, and incident reports.

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

13. No Reliance; Client Acknowledgment

No reliance: The Client acknowledges that they have not relied on any statement, promise, representation, advertisement, or warranty by the Agency regarding the Motorbike-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, extensions, delays, and any subsequent disputes arising from the same service arrangement.

14. 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.

15. 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.

16. Binding Effect

By making a reservation deposit, booking a motorbike-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 Motorbike 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)