Tours and Travel Packages Waiver and Liability Disclaimer

This Tours and Travel Packages Waiver and Liability Disclaimer (this “Waiver,” “Disclaimer,” or “Agreement”) is a legally binding document that applies to all day tours, multi-day tour packages, bundled travel packages (including accommodations + transportation + meals + activities), and all other tourism-related activities coordinated, arranged, introduced, booked, scheduled, or 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 way so you clearly understand: (1) the Agency’s facilitator-only role; (2) the inherent, real-world, and location-specific risks of travel and activities in Palawan and nearby areas; (3) your responsibilities as a traveler/participant; and (4) how responsibility and liability are allocated among you, independent third-party providers, and relevant authorities.

IMPORTANT: Travel in island and remote destinations is dynamic. Weather, sea state, road access, site capacity limits, and official directives can change rapidly and without notice. Even when all parties use reasonable care, risks cannot be fully eliminated. This Waiver helps set realistic expectations and allocate responsibilities clearly.

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 PARTICIPATE IN ANY TOUR, PACKAGE, OR TOURISM-RELATED ACTIVITY 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,” accessing or using any service arranged through the Agency, attending a meeting point, boarding any vehicle/vessel, checking into accommodations, consuming included meals, or participating in any activity or excursion connected to a booking through D’Palawan Travel and Tours, the client (“Client,” “Traveler,” “Guest,” “Participant,” or “Renter”) confirms that they have read, understood, and agreed to this Tours and Travel Packages 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 confirmations, 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 physical signatures to the fullest extent permitted by law.

Clarifications required: 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. For coordination consistency and documentation purposes, the Agency may provide written clarification of how provisions apply to a specific booking; 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 (Day Tours, Packages, Activities)

This Waiver applies to all tours, travel packages, and tourism-related activities coordinated or facilitated by the Agency, whether guided or self-guided, private or joiner/shared, and whether described on the website, quoted via chat/email, or confirmed via messages.

Covered activities may include (without limitation):

Day tours: island hopping, beach trips, sightseeing, city/countryside tours, inland excursions, waterfalls, viewpoints, cultural visits, and similar itineraries;
Water-based activities: boat-based tours (when packaged as a tour), snorkeling, swimming, beach activities, kayaking (if arranged), and other water exposure activities;
Nature and outdoor activities: trekking/hiking, trail walks, cave/lagoon visits (if arranged), and activities involving uneven terrain;
Multi-day tour packages: itineraries that bundle accommodations + transport + meals + tours + permits/fees + guides + activities, including substitutions or alternative arrangements;
Tour components requiring compliance: manifests, protected-area permits, environmental fees, entrance fees, safety briefings, inspection requirements, and checkpoints; and
Substitutions and safety changes: reroutes, schedule changes, replacement Providers, service substitutions, shortened itineraries, or modified inclusions due to weather, capacity limits, safety decisions, or official directives.

Important: This Waiver is an umbrella waiver for tours and packages. If a booking includes specific service categories (land transfer, sea transfer, rentals, etc.), additional waivers also apply as set out in Section 3 below.

3. Related Waivers Also Apply (Cross-Application and Incorporation)

Cross-application rule: If any day tour, tour package, or tourism-related activity includes or involves (as a component, segment, add-on, or incidental service) transportation or rentals, then the corresponding waiver(s) below also apply in addition to this Tours and Travel Packages Waiver.

Accordingly, the Client agrees that the following Waiver and Liability Disclaimers are incorporated by reference and are binding whenever relevant to the booking:

No loophole / no conflict intended: The purpose of this Section is to ensure that risk allocation remains consistent across the site. If two or more waivers apply, the Client agrees they apply together and should be interpreted in a manner that best preserves safety, enforceability, and the Agency’s facilitator-only role, while not unlawfully waiving rights that cannot be waived under applicable law.

4. Independent Providers and the Agency’s Role (Facilitator Only)

The Agency assists Clients in booking tours and travel packages composed of services arranged and/or provided by independent third parties such as hotels, resorts, transport providers, boat operators, rental suppliers, tour guides, tour operators, attractions, activity hosts, venues, and other suppliers (collectively, “Providers”).

D’PALAWAN TRAVEL AND TOURS IS A BOOKING/COORDINATION AGENCY AND NOT THE DIRECT OPERATOR OF MOST TOUR COMPONENTS. While the Agency may coordinate schedules, confirmations, and booking details, each service is ultimately operated under the sole responsibility, supervision, and control of its respective Provider.

For clarity, unless explicitly stated in writing for a particular service, the Agency is not:

a carrier, vessel/vehicle owner, operator, dispatcher, rental operator, or employer of drivers/crew/guides;
a safety supervisor, lifeguard, dive operator, maritime safety authority, traffic enforcer, or medical provider;
a venue manager, protected-area administrator, environmental regulator, or government authority; or
an insurer, guarantor, warrantor, or underwriter of any tour component.

No operational control: The Agency does not own, operate, control, inspect, test, maintain, or manage the boats, vehicles, equipment, accommodations, routes, catering, or on-the-ground operations used by Providers. Operational decisions (including route changes, cancellations, staffing, safety rules, manifests, and site enforcement) rest with Providers and/or authorized authorities.

Separate relationships and Provider rules: The Client acknowledges that Providers are independent and may impose additional terms and requirements (e.g., safety briefings, site rules, capacity limits, baggage/weight limits, cut-off times, prohibited items, conduct rules, and compliance requirements). Where Provider rules apply, the Client agrees to comply. The Agency may relay Provider rules as a courtesy, but does not control or guarantee Provider enforcement or outcomes.

5. Private Providers and Licensed Operator Priority

The Agency does not promote, recommend, or encourage engagement with unlicensed or informal private Providers. The Agency encourages Clients to prioritize established, licensed, and accredited Providers whenever available to support safety, regulatory compliance, and reliability.

In situations where formal Providers are unavailable (e.g., peak season constraints, remote locations, weather disruptions, sudden closures, or limited supply), and only upon the Client’s explicit request for assistance, the Agency may help identify private owners or informal providers (“Private Providers”) solely to help the Client meet coordination needs.

Client’s choice and risk: The Client acknowledges that any engagement with a Private Provider is a separate agreement entered directly between the Client and the Private Provider. The Agency’s role remains limited to introduction and coordination and does not include negotiating, enforcing, supervising, monitoring, insuring, or performing any private agreement.

6. No Warranties, No Guarantees, and No Representations

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 Provider or Private Provider, including (without limitation):

fitness for a particular purpose, merchantability, quality, condition, safety, or performance;
licensing, accreditation, registration, permits, insurance coverage, or compliance status;
availability, schedules, departure windows, pickup timing, or strict adherence to an itinerary;
accuracy or completeness of Provider descriptions, advertisements, prices, inclusions, photos, or published details; and
the actions, omissions, negligence, misconduct, errors, service failures, or decisions of any Provider, Private Provider, or third party.

Operational discretion and safety overrides: Providers and/or authorities may adjust schedules, routes, inclusions, staffing, safety procedures, equipment, pickup/drop-off points, and meeting points for safety, compliance, environmental protection, crowd control, capacity limits, official directives, or operational reasons. Safety overrides schedule at all times.

Real-world travel reality: A tour may be modified due to sudden rain, rough seas, a Coast Guard advisory, an airport/port directive, a protected-area closure, a mechanical issue, traffic incidents, supply constraints, or site capacity limits. These are common realities in travel, especially in island and remote destinations, and may occur with little or no notice.

7. Assumption of Risk (Inherent Travel, Nature, and Activity Risks)

The Client acknowledges that tours and packaged travel involve inherent and unavoidable risks—some foreseeable and others not foreseeable—even when safety measures are used. Risks may arise from weather, terrain, sea state, road conditions, mechanical factors, equipment limitations, crowd behavior, food handling variability, and operational constraints.

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

Transportation risks: road accidents, collisions, sudden braking, third-party negligence, mechanical failures, breakdowns, delays, rerouting, checkpoints, and missed connections.
Marine and water risks: rough seas, strong currents, waves, slippery surfaces, vessel movement, seasickness, boarding/disembarkation hazards, drowning risk, stings/bites (e.g., jellyfish), and limited emergency access in remote areas.
Outdoor and terrain risks: heat exposure, dehydration, sunburn, rainstorms, lightning, slippery trails, falling objects, sharp corals/rocks, cuts/scrapes, sprains/fractures, and uneven terrain injuries.
Activity risks: snorkeling/swimming risks, fatigue, cramps, panic reactions, limited swimming ability, equipment issues, and injuries from physical activity or inexperience.
Food and allergy risks: allergy triggers, cross-contamination, varying sanitation conditions, seafood sensitivity, and gastrointestinal upset even when reasonable care is used.
Health and medical risks: motion sickness, asthma triggers, allergic reactions, medical emergencies, limited medical facilities, delayed evacuation/response, and limited ambulance access in some areas.
Third-party risks: acts or omissions of other travelers, drivers, crew, vendors, guides, locals, or unrelated third parties; theft or loss; crowd-related incidents; and property damage.
Operational and regulatory risks: capacity limits, closures, permit restrictions, inspection cutoffs, environmental restrictions, and directives from authorities that may change schedules and activities.

Voluntary assumption: By availing these services and/or participating, the Client voluntarily and knowingly assumes all risks of injury, death, illness, property damage, theft, delay, interruption, cancellation, substitution, inconvenience, or loss associated with the tour/package, whether foreseeable or unforeseeable, to the fullest extent permitted by law.

8. Client Responsibilities (Compliance, Safety, and Due Diligence)

The Client agrees to take personal responsibility for their own safety, preparedness, and compliance. This includes (without limitation):

Legal and safety compliance: comply with all applicable laws, site rules, Provider rules, and safety instructions (including seatbelts, life jackets, helmets where applicable, child safety requirements, manifest accuracy, baggage/weight limits, protected-area rules, and briefings).
Cooperation with safety decisions: accept and follow Provider and/or authority decisions on safety holds, cancellations, substitutions, shortened itineraries, or route changes due to weather, safety assessments, or official directives.
Conduct and sobriety: refrain from unsafe, illegal, disruptive, intoxicated, or disorderly behavior; do not harass staff or other guests; respect locals; and comply with prohibited-item rules. Providers may deny participation for safety or conduct reasons.
Personal preparedness: bring appropriate clothing, hydration, sun protection, cash for onsite fees where applicable, waterproof protection for gadgets, medications, and personal necessities suitable for tropical travel and outdoor activities.
Health and fitness: assess medical fitness and disclose relevant risks where appropriate (e.g., pregnancy, heart conditions, asthma, severe motion sickness, mobility limitations, recent surgery, allergies). The Client is responsible for consulting a physician when needed.
Documentation and permits: provide accurate personal information for bookings, permits, manifests, and accommodation check-ins; carry valid government-issued photo identification as required; and comply with verification requirements.
Due diligence: conduct due diligence when proceeding with any Provider or Private Provider, including reviewing publicly available information (where available) such as online reviews, ratings, and feedback.

Important: If the Client provides incorrect or late information (wrong name spelling, wrong age, missing IDs, wrong passenger count, or late manifest submission), a Provider or authority may deny boarding or refuse service. In such cases, refunds may be unavailable under Provider rules and/or the Agency’s Refund Policy.

9. Group Bookings, Authority to Bind, and Responsibility for Other Participants

If the Client books for a group (family, friends, corporate group, school group, or any group arrangement), the Client represents that they have authority to bind all participants to this Waiver and the Site Policies. The Client agrees to communicate these terms to all participants and accepts responsibility for ensuring all participants follow safety instructions, Provider rules, and lawful conduct requirements.

Minors: Minors may participate only where allowed by the Provider and applicable rules. A parent/guardian remains responsible for supervision at all times. Providers may refuse participation of minors for safety, weather, medical, or operational reasons.

10. Client Contact Requirement (Required)

To ensure proper coordination and uninterrupted service delivery, 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 tour or package start.

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 Providers.

The Client shall reach out 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 send: full name, tour/package date, specific service availed, and (where applicable) hotel name, pickup location, passenger count, and preferred contact number. Courtesy reminders from the Agency do not create any duty, guarantee, or liability.

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

11. Liability Waiver, Release, Indemnification, and Waiver of Subrogation

11.1 Release and Waiver of Claims Against the Agency

To the maximum extent permitted by applicable law, the Client releases, waives, and forever discharges the Agency and its owners, directors, officers, employees, agents, and affiliates from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

the identification, introduction, referral, or facilitation of any Provider or Private Provider;
the condition, maintenance, operation, navigation, performance, possession, transport, or use of any vehicle, vessel, accommodation, equipment, guided activity, meal service, or tour component operated by Providers;
injury, illness, death, property loss, theft, delay, cancellation, substitution, non-performance, service deficiency, missed connections, or itinerary disruption occurring during or related to the tour/package; and
acts, omissions, negligence, misconduct, misrepresentations, errors, or illegal acts by Providers, Private Providers, other travelers, or third parties.

Important limitation: This release is intended to apply to the fullest extent permitted by law. It does not apply where liability cannot be waived under applicable law. In such cases, the waiver applies to the maximum extent allowed and all remaining provisions remain effective.

11.2 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 attorney’s fees) resulting from the Client’s acts, omissions, breach of this Waiver, violation of law, violation of Provider/site rules, unsafe conduct, or misrepresentation/inaccuracy in information provided for bookings/manifests.

11.3 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.

12. Claims, Refunds, Chargebacks, and Provider Policies

Direct claims with Providers: Any claims, refunds, replacements, credits, upgrades, or remedies relating to service delivery must generally be pursued with the responsible Provider and are subject to that Provider’s policies, evidence requirements, and timelines.

Refund rules and deadlines: Cancellation and refund rules are governed by the Agency’s Refund Policy and applicable Provider policies. Where multiple components apply (e.g., hotel + boat + operator), the controlling policy may be the stricter policy or the policy applicable to the component that caused the charge.

Agency assistance is limited: The Agency may assist in relaying communications or documentation as a courtesy, but is not obligated to secure outcomes, approvals, or refunds and does not guarantee Provider decisions.

Dispute prevention: Clients are strongly encouraged to confirm critical details (inclusions, exclusions, pickup times, meeting points, onsite fees, permit requirements, and cutoffs) before travel. Disputes caused by assumptions, late arrival, or incomplete compliance may not be refundable.

13. Insurance

Client coverage: The Client is responsible for securing adequate personal insurance (health, accident, travel, baggage, trip interruption/cancellation) appropriate to the nature of travel and planned activities.

Provider coverage varies: Providers may maintain insurance as required by law or regulation; however, coverage levels, exclusions, and benefits may vary significantly. The Client should review insurance terms directly with the Provider where applicable. The Agency does not represent or guarantee the existence, validity, adequacy, or claim approval of any Provider insurance.

14. Operational Changes, Delays, and Force Majeure

Services may be delayed, rescheduled, substituted, shortened, or canceled due to weather and sea conditions, tides, port congestion, traffic, road closures, mechanical issues, site capacity limits, official directives, environmental protections, safety decisions, or unforeseen operational limitations.

Connection buffers: If the Client is catching flights or scheduled connections, itineraries should include reasonable buffers (for example, at least three (3) hours for land segments and four (4) hours for sea segments), and more during peak seasons or adverse weather months. Buffer guidance is a practical recommendation and not a guarantee of timing or prevention of missed connections.

Force majeure: No party is liable for failure or delay caused by events beyond reasonable control, including storms, acts of God, governmental actions, civil disturbances, emergencies, environmental closures, port/airport restrictions, sudden safety directives, pandemics/health emergencies, or other similar events.

Costs and consequences: Disruptions may cause additional costs (rebookings, lodging extensions, alternative transfers, meals, lost time). The Client acknowledges that such costs may be unavoidable and agrees that the Agency is not responsible for consequential or indirect losses arising from force majeure or Provider/authority decisions.

15. Communications and Documentation

Coordination and documentation may be conducted via WhatsApp, Viber, WeChat, SMS, Messenger, or email using numbers and addresses provided by the Agency. Timestamped messages, call logs, screenshots, and media (photos/videos) shared via designated channels may be used to document itinerary changes, delays, incidents, confirmations, and acknowledgments.

The Client acknowledges that accurate and timely communication is essential to travel coordination and agrees to remain reachable using the contact details provided for the travel dates. Failure to respond to time-sensitive coordination messages may result in missed pickup windows, denied boarding, or shortened itineraries, without liability to the Agency.

16. 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.

17. Governing Law, Venue, and Severability

Governing law: This Waiver is governed by the laws of the Republic of the Philippines.
Venue: 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.
Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid provision shall be interpreted, where possible, to reflect the parties’ intent in a lawful and enforceable manner.

18. Acknowledgment and Binding Effect

By making a reservation, submitting payment, paying any deposit, signing any waiver, or participating in any tour, package, or tourism-related activity coordinated by the Agency, the Client acknowledges that they have read, understood, and agreed to this Waiver, which shall be final and binding to the fullest extent permitted by law.

The Client further acknowledges that claims related to service delivery generally lie with the responsible Provider and that the Agency’s role is strictly limited to coordination and facilitation as described in this Waiver and the Site Policies.

UPDATED: January 3, 2026 (Philippines)