This Tours, Travel Packages, and Service Waiver and Liability Disclaimer (the “Waiver,” “Disclaimer,” or “Agreement”) applies to tours, travel packages, transfers, rentals, accommodations, transportation, activities, excursions, permits, entrance arrangements, and other tourism-related Services coordinated, reserved, booked, arranged, scheduled, or otherwise assisted by D’Palawan Travel and Tours (“DPTT,” the “Agency,” “we,” “us,” or “our”).
This Waiver is intended to clearly explain: the nature of DPTT’s travel coordination and booking role; the operational role of independent third-party Providers; the inherent and real-world risks associated with travel and tourism activities; the Client’s safety, conduct, preparation, and compliance responsibilities; the effect of weather, sea conditions, roads, government directives, Provider decisions, and other changing conditions; the application of service-specific terms; the allocation of responsibility for independent Provider operations; refund and itinerary-change principles; claims, releases, indemnification, and dispute procedures; and the limitations of DPTT’s liability to the fullest extent permitted by applicable law.
Travel in Palawan and other island, coastal, rural, and remote destinations is dynamic. Weather, sea conditions, road access, tides, traffic, capacity restrictions, Provider availability, mechanical circumstances, protected-area restrictions, and government directives may change before or during travel.
Even where reasonable precautions are taken, travel risks cannot be completely eliminated.
PLEASE READ THIS WAIVER BEFORE MAKING PAYMENT.
Booking, reserving, paying for, confirming, participating in, receiving, using, boarding, entering, renting, or otherwise availing any Service through D’Palawan Travel and Tours constitutes acknowledgment and acceptance of this Waiver and all applicable Agency terms, policies, procedures, company processes, Provider requirements, safety instructions, and regulations.
If anything is unclear, contact D’Palawan Travel and Tours before making payment.
If you disagree with an applicable provision, do not proceed with the booking or Service.
1. Definitions
“Agency,” “DPTT,” “we,” “us,” or “our” means D’Palawan Travel and Tours.
“Client,” “Traveler,” “Guest,” “Participant,” “Passenger,” “Renter,” “you,” or “your” means any person who inquires about, books, reserves, pays for, participates in, receives, uses, or is included in a Service coordinated through DPTT.
“Provider,” “Supplier,” or “Independent Provider” means an independent third party that owns, operates, supplies, performs, manages, or controls all or part of a Service.
“Service” or “Services” means any tourism or travel-related arrangement coordinated through DPTT.
“Booking Confirmation” means an applicable written or electronic confirmation, itinerary, quotation acceptance, voucher, invoice, message, receipt, acknowledgment, or similar booking record.
“Service-Specific Terms” means the separate terms applicable to particular transfers, rentals, or other Services.
“Official Channels” means the contact channels identified or authorized by DPTT, including its official telephone number, email, website, and authorized messaging or social-media accounts.
“Cash Received” means the cash, funds, deposit, partial payment, or full payment actually received by DPTT directly from the Client for the specific booking or transaction giving rise to the claim, regardless of whether part of those funds is later used or remitted for Provider-related costs. Amounts paid directly by the Client to a Provider or other third party and never received by DPTT are not Cash Received by DPTT.
“Calendar days” means consecutive days including weekends and public holidays unless otherwise expressly stated.
2. Scope of This Waiver
This Waiver applies broadly to tourism-related Services coordinated through DPTT, whether booked individually or combined into a package.
Covered Services may include: day tours; island hopping; city and countryside tours; beach trips; cultural and sightseeing activities; multi-day travel packages; mixed land-and-sea itineraries; boat transfers; land transfers; airport transfers; boat rentals; car rentals; motorbike rentals; guided transportation; self-drive rentals; accommodation arrangements; meals included within packages; guides; entrance-fee arrangements; permits; protected-area arrangements; water activities; nature and outdoor activities; tourism-related transportation; and other travel Services coordinated through the Agency.
3. Day Tours
This Waiver applies to day tours including, where applicable: island hopping; beach visits; sightseeing; city tours; countryside tours; waterfalls; viewpoints; cultural destinations; inland attractions; nature destinations; land tours; boat-based tours; and other comparable tourism activities.
4. Multi-Day and Bundled Travel Packages
This Waiver also applies to travel packages combining two or more components.
A package may include: accommodation; land transportation; boat transportation; airport transfers; tours; meals; guides; activities; entrance fees; environmental fees; permits; rentals; local transportation; and other travel components.
Different components of one package may be performed by different independent Providers.
5. Water-Based Activities
Where applicable, this Waiver covers tourism activities involving water exposure, including: boat-based tours; island hopping; swimming; snorkeling; beach activities; kayaking where arranged; lagoon activities; boat boarding and disembarkation; shallow-water access; and other comparable water activities.
6. Nature and Outdoor Activities
This Waiver also applies, where relevant, to outdoor activities such as: trekking; hiking; trail walking; waterfall access; cave or lagoon access where arranged; viewpoints; beaches; uneven terrain; natural attractions; and other outdoor tourism environments.
7. Service-Specific Terms Also Apply
This Waiver is an umbrella liability and risk-allocation document.
Where the booking includes a particular type of transportation or rental, the corresponding Service-Specific Terms also apply.
These include: Boat Transfer Terms and Conditions; Land Transfer Terms and Conditions (Car, Van, Tuktuk, E-Trike, Bicycle & E-Bike); Airport Transfer Terms and Conditions (Car, Van & Tuk-Tuk); Boat Rental With Captain: Terms and Conditions; Car Rental With Driver: Terms and Conditions; Self-Drive Car Rental: Terms and Conditions; Self-Drive Motorbike Rental: Terms and Conditions; Motorbike Rental With Driver: Terms and Conditions
The applicable provisions are intended to operate together.
8. Cross-Application of Multiple Terms
A single booking may involve several sets of terms simultaneously.
For example, a travel package involving: airport transportation; a hotel; a boat transfer; island hopping; a land tour; and a rental vehicle may be governed simultaneously by this Waiver, the Terms of Service, Refund Policy, relevant transfer or rental terms, Provider rules, and the Booking Confirmation.
The documents should be interpreted together in a manner that reasonably preserves their respective purposes, subject to applicable law.
9. D’Palawan Travel and Tours’ Role
D’Palawan Travel and Tours operates as a travel coordination and booking agency.
DPTT may assist with: travel planning; identifying available options; requesting quotations; checking availability; coordinating reservations; assembling travel components; communicating itineraries; coordinating schedules; communicating passenger information; coordinating payments; relaying Provider instructions; communicating operational changes; communicating pickup or meeting points; assisting with permits or required information; and providing reasonable booking support.
10. Independent Provider Service Delivery
Travel components may be performed by independent third-party Providers such as: tour operators; boat operators; boat owners; transport Providers; drivers; vehicle owners; captains and crew; tour guides; rental Providers; hotels; resorts; guesthouses; activity Providers; restaurants or food Providers; venues; attractions; local coordinators; and other tourism-related suppliers.
11. Provider Operational Responsibility
The Provider performing a particular component generally controls the operational aspects of that component.
Depending on the Service, operational matters may include: personnel; staffing; driver assignment; captain or crew assignment; guide assignment; vehicle assignment; vessel assignment; equipment; maintenance; route selection; safety briefings; weather assessment; sea-state assessment; boarding; passenger capacity; baggage limits; activity supervision; onsite procedures; accommodation operations; food preparation; operating schedules; Provider-side permits and documentation; Provider regulatory compliance; and other day-to-day operational decisions.
DPTT’s coordination of a booking does not transfer day-to-day operational management of an independent Provider’s personnel, equipment, vehicles, vessels, accommodation, activity, or facility to the Agency.
12. Independent Business Relationships
Independent Providers generally maintain their own businesses, personnel, property, systems, operating procedures, registrations, policies, and legal responsibilities.
A booking, coordination, commission, referral, or commercial relationship between DPTT and a Provider does not by itself create: employment; partnership; joint venture; common ownership; common operational control; or a general authority for DPTT to override the Provider’s operating decisions.
13. Provider Rules
Providers may maintain rules relating to: safety; check-in; boarding; manifests; identification; baggage; weight limits; passenger capacity; activity restrictions; health requirements; minimum ages; weather holds; waiting time; late arrival; security deposits; refunds; cancellations; conduct; and other operating conditions.
Clients must comply with Provider rules applicable to the Service, subject to applicable law.
14. Remote-Area and Limited-Service Arrangements
Some remote destinations may have limited tourism infrastructure or Provider availability.
Where appropriate and lawful, DPTT may assist the Client in identifying an available independent local Provider in response to a Client-requested itinerary.
If a particular Provider qualification, accreditation, registration, insurance arrangement, equipment characteristic, or other requirement is material to the Client’s decision, the Client should ask for clarification before payment.
15. No Guarantee of Unchanging Travel Conditions
Travel conditions may change after a booking has been confirmed.
Changes may arise from: weather; sea conditions; tides; road conditions; traffic; mechanical circumstances; Provider availability; site capacity; government directives; environmental restrictions; protected-area rules; port restrictions; airport restrictions; public-health measures; security conditions; local events; natural events; or other operational circumstances.
16. Safety Overrides Schedule and Itinerary
Safety and lawful authority requirements take priority over strict compliance with a preferred itinerary, departure time, route, activity, stop, or destination.
A Provider or competent authority may reasonably: delay a Service; change a route; change a meeting point; change a pickup location; change a landing point; substitute transportation; substitute a Provider; skip a destination; shorten a stop; change the order of stops; suspend an activity; return early; reschedule a Service; or cancel a Service.
17. Inherent Travel Risks
The Client acknowledges that travel and tourism involve inherent risks that cannot be completely eliminated.
Some risks are foreseeable; others may arise unexpectedly.
Risks may result from: transportation; weather; terrain; water; equipment; physical activity; other travelers; third parties; food; animals or marine life; remote destinations; limited medical resources; government restrictions; Provider operations; or natural conditions.
18. Transportation Risks
Transportation-related risks may include: road accidents; collisions; sudden braking; swerving; vehicle breakdown; mechanical failure; boat movement; rough seas; boarding and disembarkation hazards; traffic; road closures; flooding; landslides; missed connections; Provider delays; acts of other road or maritime users; and other transportation hazards.
19. Marine and Water Risks
Water-related activities may involve risks including: drowning; strong currents; waves; rough seas; tides; slippery surfaces; boat movement; falls; panic reactions; seasickness; marine-life contact; jellyfish or other stings; cuts from rocks or coral; limited swimming ability; equipment problems; weather changes; limited emergency access; and other water-related hazards.
20. Outdoor and Terrain Risks
Outdoor activities may involve: uneven terrain; slippery trails; rocks; sharp surfaces; falls; sprains; fractures; heat; sunburn; dehydration; rain; lightning; falling branches or debris; insects; wildlife; remote access; and delayed emergency response.
21. Swimming and Snorkeling Risks
Swimming and snorkeling may involve risks such as: currents; waves; fatigue; cramps; panic; limited visibility; equipment discomfort or failure; water inhalation; other swimmers; boats; marine life; slippery entries; sharp rocks or coral; and drowning.
Clients must honestly assess their swimming ability and follow applicable guide, crew, and safety instructions.
22. Food and Allergy Risks
Where meals or food are included or coordinated, Clients acknowledge that food service may involve: allergens; cross-contact or cross-contamination; seafood sensitivities; spices; varying ingredients; local preparation practices; food intolerance; gastrointestinal illness; or other food-related risks.
Clients with serious allergies or dietary restrictions should disclose them in advance and independently verify food suitability where necessary.
DPTT cannot guarantee an allergen-free environment where food is prepared by independent Providers.
23. Accommodation Risks and Provider Rules
Where accommodation forms part of a package, the accommodation Provider may maintain its own: check-in and check-out times; guest policies; security procedures; visitor rules; deposit requirements; damage policies; room-assignment procedures; cancellation terms; facility rules; and safety procedures.
Clients must comply with reasonable accommodation rules applicable to their stay.
24. Health and Medical Risks
Travel may affect persons differently depending on health, age, fitness, pregnancy, mobility, medication, and other personal circumstances.
Possible concerns include: motion sickness; heat exhaustion; dehydration; asthma; allergic reactions; cardiovascular issues; mobility limitations; fatigue; pregnancy-related considerations; recent surgery; remote medical access; and other individual medical conditions.
25. Client Responsibility for Medical Fitness
The Client is responsible for assessing whether participation is appropriate considering personal health and physical condition.
Where appropriate, the Client should seek professional medical advice before travel or participation.
The Client is responsible for: bringing required medication; bringing necessary medical supplies; disclosing material safety-related requirements where appropriate; following medical advice personally received; and not participating in an activity that the Client reasonably knows is medically inappropriate.
26. Client Safety Responsibilities
The Client must follow applicable safety requirements, including: seatbelt requirements; helmet requirements; life-jacket requirements; boarding instructions; guide instructions; driver instructions; captain and crew instructions; protected-area rules; manifest procedures; baggage and weight limits; activity briefings; local ordinances; government requirements; and other lawful safety instructions.
27. Client Conduct
The Client must refrain from conduct that creates unreasonable danger or interferes with lawful operation of a Service.
This includes: violent behavior; threats; harassment; serious intoxication; illegal drug use; reckless behavior; interference with drivers or crew; damage to Provider property; disregard of safety instructions; possession of prohibited items; environmental violations; and other illegal or materially unsafe conduct.
28. Denial or Termination for Safety or Compliance Reasons
A Provider or competent authority may deny, suspend, restrict, or terminate participation where reasonably necessary because of: unsafe conduct; failure to comply with safety rules; intoxication; illegal conduct; missing required documents; manifest problems; health or physical circumstances creating an immediate safety concern; capacity restrictions; environmental requirements; or other legitimate safety or compliance considerations.
Where the Client’s own conduct or non-compliance causes denial or termination, the unused Service may be non-refundable to the extent permitted by law and the applicable Refund Policy.
29. Personal Preparedness
Clients are responsible for reasonable travel preparation.
Depending on the itinerary, Clients should consider bringing: appropriate clothing; footwear; sun protection; rain protection; drinking water; personal medication; waterproof protection for electronics; cash for legitimate onsite fees where necessary; valid identification; copies of booking confirmations; and other reasonable travel necessities.
30. Accurate Information and Documentation
The Client must provide accurate information necessary for the booking.
This may include: full names; passenger count; age where required; date of birth where required; nationality where required; identification information; flight information; hotel information; pickup location; rental qualifications; manifest information; permit information; special requirements; and other reasonably necessary information.
Incorrect, incomplete, misleading, or late information may cause delay, denied boarding, denied participation, additional cost, cancellation, or loss of a reserved slot.
31. Group Bookings
A Client making a booking for a group represents that the Client is authorized to coordinate the booking and provide reasonably necessary participant information.
The booking Client is responsible for communicating material booking, safety, and operational information to group members.
Each individual participant nevertheless remains personally responsible for: conduct; safety compliance; fitness to participate; identification; personal belongings; and observance of applicable rules.
32. Minors
A parent, guardian, or responsible accompanying adult remains responsible for supervising minors.
Providers may impose reasonable: age restrictions; height restrictions; weight restrictions; life-jacket requirements; child-seat requirements; supervision requirements; activity restrictions; or other safety conditions.
33. Day-Before Reconfirmation Is Required
Clients with advance bookings must contact D’Palawan Travel and Tours on the day before the scheduled tour or Service to ensure that the booking has been properly acknowledged and to obtain the latest available operational information.
Where relevant, this requirement also applies to advance: boat transfers; land transfers; airport transfers; rentals; tour departures; package components; and other scheduled Services.
The Client should confirm, as applicable: booking name; date; pickup point; meeting point; departure window; passenger count; Provider assignment; route or itinerary changes; weather-related information; manifest requirements; identification requirements; and other time-sensitive instructions.
34. Failure to Reconfirm
Failure to reconfirm does not necessarily cancel a booking.
However, where the Client fails to obtain or review updated information that could reasonably have been obtained through the required day-before reconfirmation, DPTT shall not be responsible, to the fullest extent permitted by law, for resulting miscoordination or losses materially caused by the Client’s failure to review the updated instructions.
35. Itinerary Is Subject to Operational Conditions
An itinerary is subject to: safety; weather; sea conditions; roads; traffic; Provider availability; government directives; protected-area rules; site capacity; opening hours; mechanical circumstances; environmental conditions; emergencies; and other legitimate operational considerations.
36. Itinerary Substitutions
Where reasonably necessary, a Provider or DPTT may coordinate a substitute: destination; route; activity; Provider; vehicle; vessel; accommodation; guide; schedule; meal arrangement; or other component.
A reasonable substitution intended to preserve the essential nature of the Service does not automatically create a refund entitlement.
37. No Prorated Refund for Skipped Land or Sea Tour Destinations
For both land tours and sea tours, no prorated or proportional refund is due merely because a destination, attraction, stop, route, activity, or itinerary component is skipped, shortened, reordered, replaced, or made unavailable because of:safety considerations;weather;sea conditions;wind, waves, tides, or currents;road conditions;traffic;flooding or landslides;government or authority directives;environmental restrictions;protected-area restrictions;site closures;capacity restrictions;mechanical circumstances;emergency conditions; or the Provider/operator’s reasonable operational or safety discretion.
The Client acknowledges that package and tour pricing commonly reflects overall transportation, mobilization, fuel, staffing, coordination, equipment, accommodation, reservations, and Service delivery rather than a separately refundable price assigned to each individual stop.
38. Bookings Made Within Three Days Are Non-Refundable
A booking first made within three (3) calendar days of the scheduled Service date is non-refundable from the time the booking is confirmed.
This applies subject to rights that applicable law does not permit the parties to exclude or waive.
Clients making short-notice bookings should therefore ensure that their plans are final before payment.
39. Other Refund and Cancellation Rules
All other cancellations and refund requests are governed by: the Booking Cancellation, Rescheduling & Refund Policy; Provider rules; booking-specific conditions; amounts already committed; non-refundable Provider costs; mobilization; payment-processing costs; applicable service-specific terms; and mandatory law.
40. No-Show, Late Arrival, and Missed Participation
A Client may be treated as a no-show where the Client: fails to appear; arrives after an applicable cutoff; misses boarding; cannot be contacted; fails identification or manifest requirements; goes to an incorrect meeting point despite correct updated instructions; misses a scheduled pickup; refuses to participate after reasonable Provider mobilization without a qualifying basis; or otherwise fails to use an available confirmed Service.
No-show consequences are governed by the Refund Policy and applicable Provider rules.
41. Connection Buffers
Clients should allow generous time between travel components.
As a practical minimum planning guide:
- Land segments: allow at least three (3) additional hours before an important onward connection; and
- Sea segments: allow at least four (4) additional hours before an important onward connection.
These are planning recommendations and not guarantees that three or four hours will always be sufficient.
Additional time should be allowed where conditions reasonably require it.
42. Missed Connections
To the fullest extent permitted by law, DPTT shall not be responsible for missed: flights; ferries; other transfers; tours; hotel check-ins; appointments; events; business commitments; or other onward arrangements where the missed connection is caused by Provider delay, weather, sea conditions, traffic, road conditions, government restrictions, mechanical circumstances, Force Majeure, inadequate Client buffer time, or another circumstance outside DPTT’s reasonable control.
43. Force Majeure
Services may be disrupted by circumstances outside the reasonable control of DPTT or the Provider.
These may include: typhoons; storms; rough seas; earthquakes; flooding; landslides; fires; public-health emergencies; government restrictions; war; civil disturbance; security incidents; strikes; airport closures; port closures; road closures; protected-area closures; environmental restrictions; transport interruptions; power failures; telecommunications failures; emergency directives; or other comparable events beyond reasonable control.
44. Force Majeure Costs
Force Majeure or Provider disruptions may result in additional personal costs such as: accommodation extensions; alternative transportation; rebooking; meals; communication costs; additional tickets; missed reservations; additional nights; medical or emergency costs; or other unplanned expenses.
Responsibility for refunds, credits, or recoverable amounts is governed by Provider terms, the Booking Confirmation, the Refund Policy, and applicable law.
45. Emergency Response Limitations
Travel in remote areas may involve delayed emergency response.
Response times may be affected by: distance; road conditions; sea conditions; weather; mobile coverage; boat availability; ambulance availability; medical-facility availability; time of day; traffic; local infrastructure; and other conditions.
46. Emergency Medical Assistance
In an accident, injury, illness, or other emergency, the Provider or responsible onsite personnel may seek emergency assistance where reasonably necessary.
DPTT may provide reasonable communication or coordination assistance where practicable.
The Client remains responsible for personal: medical expenses; hospital expenses; medication; emergency transportation; rescue expenses; evacuation expenses; additional accommodation; and other personal emergency costs except where another responsible party or applicable law provides otherwise.
47. Incident Reporting
Material incidents should be reported as soon as reasonably possible to the responsible Provider and, where DPTT coordination assistance is requested, to the Agency.
Where reasonably available, the Client should preserve: photographs; videos; receipts; witness details; Provider information; police reports; medical records; government reports; messages; Booking Confirmations; and other relevant evidence.
48. Personal Belongings
Clients remain responsible for personal belongings unless a Provider expressly accepts custody of particular property under separate terms.
Travel environments may involve risk of: loss; theft; water damage; breakage; misplacement; damage in transit; baggage mixing; or other property loss.
Clients should take appropriate care with passports, identification, cash, mobile phones, cameras, medication, jewelry, electronics, and other valuables.
49. Personal Insurance
Clients are encouraged to consider appropriate personal travel insurance based on the itinerary and activities involved.
Depending on individual needs, coverage may include: medical expenses; accident coverage; emergency evacuation; trip cancellation; trip interruption; baggage; missed connections; rental-related risks; and other appropriate travel protection.
50. Provider Insurance
Where a Provider states that insurance exists, such insurance may remain subject to: policy limitations; exclusions; deductibles; eligibility requirements; reporting deadlines; documentation requirements; covered activities; geographic limitations; and insurer approval.
DPTT does not guarantee the scope, adequacy, continuing validity, or claim outcome of independent Provider insurance unless expressly verified and confirmed in writing.
51. Claims Relating to Independent Provider Operations
Where a claim principally arises from the operational performance of an independent Provider, that Provider may be responsible for investigation and response under its own procedures and applicable law.
Examples may include: vehicle operation; boat operation; driver conduct; captain or crew conduct; guide conduct; equipment condition; Provider maintenance; food preparation; accommodation operations; baggage handling; Provider delay; Provider cancellation; activity supervision; onsite safety procedures; or other Provider-controlled matters.
52. DPTT Assistance With Provider Concerns
DPTT may, where reasonably appropriate: relay a Client complaint; forward documents; request Provider clarification; provide Agency-held booking records; communicate Provider responses; assist with available rescheduling options; or help identify an applicable Provider complaint process.
Such assistance does not constitute an admission of Agency liability and does not guarantee a refund, compensation, replacement Service, insurance payment, Provider admission, or other particular outcome.
53. Assumption of Ordinary and Inherent Travel Risks
To the fullest extent permitted by applicable law, the Client voluntarily accepts the ordinary and inherent risks reasonably associated with the chosen travel Services and activities.
This assumption applies particularly to risks arising from: natural conditions; weather; terrain; water; ordinary transportation risks; the physical characteristics of the activity; remote destinations; Client health and fitness; other travelers; or circumstances that cannot reasonably be eliminated from the activity.
This assumption of risk does not eliminate a responsibility that applicable law makes non-waivable.
54. Release Concerning Independent Provider and Third-Party Matters
To the fullest extent permitted by applicable law, the Client releases and waives claims against DPTT and its owners, officers, employees, agents, and authorized representatives to the extent that a claim arises solely from: the independent acts or omissions of a Provider; operation or condition of Provider-controlled vehicles or vessels; Provider-controlled equipment; Provider accommodation operations; Provider food operations; Provider personnel; acts of unrelated third parties; weather or natural conditions; government restrictions; Force Majeure; or other circumstances outside DPTT’s reasonable control.
This release does not apply to liability that applicable law does not permit the parties to waive.
55. Client Indemnification
To the fullest extent permitted by law, the Client agrees to indemnify and hold harmless DPTT and its owners, officers, employees, agents, and authorized representatives from third-party claims, penalties, losses, liabilities, or reasonable expenses arising directly from the Client’s: illegal conduct; fraud; intentional misconduct; material misrepresentation; inaccurate manifest information; damage to Provider property; unsafe conduct; violation of Provider rules; violation of environmental regulations; material breach of this Waiver; interference with a driver, captain, guide, or Provider staff member; or violation of another person’s lawful rights.
This provision does not require the Client to indemnify DPTT for a legal responsibility that applicable law places directly and non-waivably upon the Agency.
56. Subrogation
To the extent permitted by applicable law and the relevant insurance policy, an insurer paying a Client claim should not acquire greater rights against DPTT than the Client lawfully possesses under this Waiver.
This provision does not override mandatory insurance or subrogation law.
57. No Guarantee of Provider Performance
DPTT cannot guarantee that every independent Provider will perform exactly as expected in every circumstance.
Provider performance may be affected by: staffing; equipment; availability; mechanical problems; weather; traffic; government directives; other guests; site limitations; supply problems; communication failures; or other Provider-specific circumstances.
58. No Guarantee of Exact Schedule or Experience
Photographs, sample itineraries, estimated travel times, activity descriptions, and preliminary schedules are not guarantees that the actual experience will be identical.
Actual conditions may differ because of: weather; season; tides; crowding; site rules; water conditions; Provider changes; availability; environmental conditions; equipment; or other legitimate travel variables.
59. Limitation for Independent Provider Acts and Circumstances Outside DPTT’s Control
To the fullest extent permitted by applicable law, DPTT shall not be liable for injury, death, illness, property damage, theft, delay, cancellation, missed connection, expense, service interruption, or other loss caused by: an independent Provider’s acts or omissions; Provider negligence or misconduct; Provider-controlled equipment; Provider-controlled transportation; Provider staffing; unrelated third parties; government actions; weather; natural conditions; Force Majeure; or other events outside DPTT’s reasonable control.
This provision does not exclude any legal responsibility that applicable law makes non-waivable.
60. Consequential, Indirect, and Economic Losses
To the fullest extent permitted by applicable law, D’Palawan Travel and Tours shall not be liable for consequential, indirect, incidental, special, exemplary, or punitive damages or losses.
This exclusion expressly includes, without limitation: missed income;lost wages;lost earnings;lost profits;lost business;lost business opportunities;opportunity costs;loss of commercial opportunity;business interruption;lost goodwill;missed work;missed appointments;missed flights or ferries;missed onward tours or reservations;loss of enjoyment;additional personal travel expenses; and similar consequential or indirect economic losses.
This exclusion applies whether the alleged loss arises in contract, tort, negligence, or another theory of recovery, to the maximum extent that such limitation is legally permitted.
61. Maximum Liability Where DPTT Is Judicially Determined to Be Primarily Liable
This Section establishes the controlling monetary liability limitation for D’Palawan Travel and Tours across the Agency’s policy framework.
If, notwithstanding the provisions allocating operational responsibility to independent Providers, a competent court determines that D’Palawan Travel and Tours itself is primarily liable to the Client for a claim arising from or relating to a booking, Service, transaction, tour, travel package, transfer, rental, accommodation arrangement, activity, or other Service coordinated through the Agency, then:
to the fullest extent permitted by applicable law, the total aggregate monetary liability of D’Palawan Travel and Tours for all claims arising from the same booking, transaction, occurrence, incident, or substantially related series of events shall not exceed a maximum amount equal to two (2) times the Cash Received by D’Palawan Travel and Tours from the Client for the specific booking or transaction giving rise to the claim.
For clarity: the cap is based on the Cash Received by DPTT from the Client for the specific booking or transaction concerned; the cap is two (2) times that Cash Received; amounts paid directly by the Client to a Provider or other third party and never received by DPTT are excluded from the calculation; the cap applies to the aggregate liability arising from the same booking, transaction, occurrence, incident, or substantially related series of events rather than separately multiplying the cap for each legal theory or claim asserted; the limitation applies only to the fullest extent permitted by applicable law; and nothing in this Section limits a right or liability that applicable Philippine law expressly makes non-waivable or incapable of lawful limitation.
62. Example of the 2× Liability Cap
For illustration only:
If DPTT actually receives PHP 20,000 from the Client for the specific booking giving rise to a claim, the contractual maximum aggregate monetary liability under Section 61 would be PHP 40,000, subject to applicable law.
If the Client separately pays another amount directly to a hotel, boat operator, transport Provider, rental Provider, or other supplier and DPTT never receives that amount, the directly paid amount is not included in the Cash Received used to calculate DPTT’s cap.
This example is provided only to explain the calculation and does not constitute an admission that DPTT is liable in any particular circumstance.
63. Liability Cap Does Not Create Liability
The existence of the 2× liability cap does not mean that DPTT: accepts responsibility for a Provider’s acts or omissions; admits liability for an incident; guarantees compensation; assumes Provider operational duties; guarantees that a claim is legally valid; or waives any defense otherwise available under these Terms or applicable law.
The cap applies only if liability is otherwise established against DPTT under applicable law.
64. No Double Recovery
To the fullest extent permitted by law, the Client may not obtain duplicative recovery for the same loss from DPTT through multiple legal theories, multiple provisions of DPTT’s policies, or repeated claims arising from the same occurrence.
Any amount already paid, credited, refunded, reimbursed, or recovered for the same legally compensable loss may be taken into account where permitted by law in determining any remaining amount due.
65. Provider Liability Is Separate
The liability cap applicable to DPTT does not determine or limit the independent legal liability of a Provider unless that Provider’s own valid terms or applicable law separately establish such a limitation.
A claim against a Provider remains subject to: the Provider’s own terms; the facts of the incident; applicable insurance; applicable law; and the jurisdiction of the appropriate authority or court.
66. Priority of This Liability Provision
Sections 60 through 65 of this Waiver are intended to be the principal DPTT liability provisions for Services coordinated through the Agency.
If another DPTT legal page contains a general liability reference concerning the same claim, this Waiver shall control with respect to: the 2× Cash Received liability cap; the exclusion of consequential losses; missed income; lost profits; lost opportunity; opportunity costs; and other matters expressly addressed in these Sections.
This priority rule is subject to mandatory law.
67. Chargebacks and Payment Disputes
Payment disputes should first be raised directly with DPTT.
DPTT may provide relevant documentation to a bank, card issuer, e-wallet, payment platform, or other payment processor where a chargeback or payment dispute is initiated.
Documentation may include: Booking Confirmations; payment records; Client communications; acceptance records; this Waiver; Refund Policy provisions; Provider policies; cancellation records; no-show information; Provider confirmations; service-performance records; photos or videos; and other relevant evidence.
68. Privacy and Booking Information
DPTT may collect, use, retain, and share personal information where reasonably necessary for: booking; Provider coordination; passenger manifests; permits; identification; payment verification; safety; incident documentation; refunds; claims; chargebacks; dispute resolution; legal compliance; and other purposes described in the Privacy & Personal Data Policy.
69. Electronic Communications and Evidence
Booking records, confirmations, emails, messages, screenshots, payment records, photos, videos, manifests, waivers, Provider communications, and other records exchanged or maintained through Official Channels may be used to document: the booking; acceptance; payment; itinerary; changes; instructions; participation; cancellation; incidents; claims; refunds; and disputes.
70. Evidence-First Resolution
DPTT encourages disputes to be evaluated based on available evidence rather than assumptions.
Relevant evidence may include: Booking Confirmations; receipts; payment records; messages and timestamps; photographs; videos; manifest information; Provider rules; official advisories; weather or closure notices; incident reports; medical records; police reports; rental inspection records; and other relevant documentation.
71. Agency Interpretation and Clarification
This Waiver forms part of DPTT’s wider legal, booking, operational, safety, and policy framework.
If any provision appears unclear, incomplete, ambiguous, or potentially inconsistent, the Client must request clarification before payment or participation where the issue is material to the booking.
To the fullest extent permitted by applicable law, D’Palawan Travel and Tours reserves the exclusive right to interpret, clarify, administer, and apply its own policies, procedures, company processes, booking conditions, rules, and terms, including determining which Agency provision applies to a particular booking or circumstance.
This right does not authorize DPTT to override mandatory requirements of applicable Philippine law.
72. Mandatory Direct Resolution Before Court Proceedings
If the Client has a complaint, claim, disagreement, or dispute involving D’Palawan Travel and Tours, the Client agrees to first provide written notice directly to DPTT through an Official Channel.
The notice should include reasonably available supporting information sufficient to identify: the booking; the persons involved; the Service; the event or incident; the amount claimed, where applicable; the basis of the complaint; and the requested resolution.
The Client and DPTT shall first attempt in good faith to resolve the matter directly for at least thirty (30) days from written notice of the dispute.
73. Provider Disputes
Where a dispute principally concerns an independent Provider, DPTT may, where reasonably appropriate: relay communications; provide Agency-held records; forward Client documentation; request Provider clarification; communicate Provider responses; or assist the parties in identifying available procedures.
DPTT’s assistance does not make the Agency the arbitrator, insurer, guarantor, or decision-maker concerning the Provider’s independent liability.
74. Governing Law
This Waiver, the booking relationship between the Client and DPTT, and disputes arising from or relating to DPTT’s Services are governed by the laws of the Republic of the Philippines.
75. Exclusive Court Venue
If a dispute involving D’Palawan Travel and Tours remains unresolved after the required 30-day direct-resolution period, then, to the fullest extent permitted by applicable law, any court action arising from or relating to the dispute may only be filed before the proper courts of Puerto Princesa City, Palawan, Philippines.
The parties agree to such venue subject to any jurisdiction or venue requirement that applicable law makes mandatory and non-waivable.
76. Non-Waivable Legal Rights
Nothing in this Waiver is intended to unlawfully waive, exclude, eliminate, or limit a right, responsibility, remedy, or liability that applicable Philippine law does not permit the parties to waive or limit.
If a provision of this Waiver exceeds a legally enforceable limitation, it shall be applied only to the maximum extent permitted by law.
77. Severability
If a competent authority determines that any provision of this Waiver is invalid, unlawful, or unenforceable, that provision shall be limited or separated only to the extent necessary.
The remaining provisions shall continue to operate to the fullest extent permitted by law.
78. No Waiver by Non-Enforcement
A failure or delay by DPTT to enforce a provision on one occasion does not constitute a permanent waiver of that provision.
A goodwill: refund; credit; rebooking; upgrade; alternative Service; rescheduling arrangement; assistance payment; or other accommodation provided in one case does not create a precedent or automatically amend DPTT’s policies for another Client or transaction.
79. Updates to This Waiver
D’Palawan Travel and Tours may revise this Waiver when reasonably necessary because of changes in: Services; Provider arrangements; booking procedures; technology; payment systems; safety practices; travel conditions; government requirements; legal requirements; or other relevant circumstances.
The current version will be published at:
https://bookwithoutcreditcard.com/waiverandliabilitydisclaimer
Updates generally apply to future bookings and subsequent use while existing transactions remain governed by the terms and mandatory laws legally applicable to them.
80. Complete D’Palawan Travel and Tours Policy Framework
This Waiver should be read together with the other legal, booking, safety, and service-specific pages of D’Palawan Travel and Tours.
The other 19 pages are: About D’Palawan Travel and Tours: Travel Agency Services in Palawan; Website Terms of Use; Business, Affiliate & Third-Party Service Disclosure; General Travel, Website & Service Disclaimer; Booking Cancellation, Rescheduling & Refund Policy; Privacy & Personal Data Policy; Contact Us; Travel Booking & Service Terms and Conditions; Boat Transfer Terms and Conditions; Land Transfer Terms and Conditions (Car, Van, Tuktuk, E-Trike, Bicycle & E-Bike); Airport Transfer Terms and Conditions (Car, Van & Tuk-Tuk); Boat Rental With Captain: Terms and Conditions; Car Rental With Driver: Terms and Conditions; Self-Drive Car Rental: Terms and Conditions; Self-Drive Motorbike Rental: Terms and Conditions; Motorbike Rental With Driver: Terms and Conditions; Pre-Travel Client Responsibilities & Readiness Guide; Traveler Emergency & Incident Response Guide; Travel & On-Tour Client Responsibilities & Safety Rules
Several policies may apply simultaneously to a particular transaction and should be interpreted together.
81. Contact D’Palawan Travel and Tours
Questions concerning risks, Providers, inclusions, exclusions, itineraries, insurance, transportation, accommodations, refund terms, safety requirements, or other material booking conditions should be raised before payment whenever possible.
D’Palawan Travel and Tours
#3 San Vicente Public Market
Poblacion, San Vicente, Palawan, Philippines
📞 +63 963 139 0000
Call, SMS, Viber, WhatsApp, WeChat, and Telegram
📧 dpalawantravelandtours@gmail.com
Final Acceptance and Liability Notice: Booking, reserving, paying for, confirming, participating in, receiving, using, boarding, renting, or otherwise availing a Service through D’Palawan Travel and Tours constitutes acceptance of this Tours, Travel Packages, and Service Waiver and Liability Disclaimer together with all applicable Agency policies, procedures, company processes, Provider rules, safety requirements, and regulations. Advance bookings must be reconfirmed on the day before the scheduled Service. Bookings first made within three calendar days of the Service are non-refundable. No prorated refund is due merely because a land or sea tour destination is skipped or modified for safety, weather, road, sea, authority, environmental, or reasonable Provider operational reasons. If a competent court determines D’Palawan Travel and Tours to be primarily liable, the Agency’s maximum aggregate monetary liability is limited, to the fullest extent permitted by law, to two (2) times the Cash Received by DPTT from the Client for the specific booking or transaction giving rise to the claim. DPTT is not liable, to the fullest extent permitted by law, for consequential losses, missed income, lost profits, lost opportunities, or opportunity costs. If anything is unclear, obtain clarification before payment. If you disagree with an applicable provision, do not proceed with the Service.
UPDATED: October 9, 2026 (Philippines)
