OVERVIEW

Philippines Travel Guides is committed to providing you with an enjoyable and memorable experience, and our top priority is your safety and welfare. 

Although the Philippines Travel Guides has taken all reasonable steps to provide our guests with a motorcycle in perfect working condition, no activity is without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying its unique character. These inherent risks can cause loss of or damage to equipment, accidental injury, illness, or, in extreme cases, permanent trauma or death. Philippines Travel Guides believes it is important for its clients to know what to expect and be informed of inherent risks.

 At the signing of this contract, Philippines Travel Guides or “PTG” and you (hereinafter “RENTER,” “YOU” or “CUSTOMER.”) accept these Terms and Conditions as a binding contract between Philippines Travel Guides and yourself, as the Motorcycle RENTER. Please read them carefully. PTG’s terms and conditions are valid and understood as a rental agreement as hereinafter stated.

Furthermore, YOU agree and undertake to comply with the conditions set out below:

GENERAL TERMS  

This document serves as the rental agreement between PTG and the RENTER. PTG reserves the right to modify these General Terms and Conditions at any time without prior notice. By proceeding with the rental, RENTER agrees and undertakes to comply with all conditions set forth below.

SECTION ONE – USE OF THE VEHICLE

1.1 Vehicle Condition and Inspection

• RENTER acknowledges that they have received the motorbike in perfect working condition and have performed a thorough INSPECTION of the vehicle.
• The INSPECTION verifies that all lights, tires, brakes, suspension, steering, and other essential components are functioning normally.
• RENTER agrees to report any defects or issues immediately upon discovery.

1.2 Safety Acknowledgment

• RENTER understands and acknowledges the inherent dangers of motorcycle riding, which may result in serious injury or death.
• RENTER agrees to use all necessary safety equipment, including but not limited to helmets and protective gear, at all times while operating the motorbike.
• All riders and passengers must wear DOT-approved helmets as required by Philippine law.

1.3 Additional Drivers

• An additional driver may operate the vehicle only if listed on the rental agreement and has provided valid identification and a driver’s license.
• Any additional driver operates the vehicle at their own risk and must comply with all terms herein.
• RENTER remains fully responsible for the vehicle and any violations or damages caused by additional drivers.

1.4 Permitted Use

RENTER agrees to operate the motorbike in accordance with all applicable Philippine traffic laws, including the Land Transportation and Traffic Code (Republic Act No. 4136) and the Motorcycle Helmet Act (Republic Act No. 10054).

1.5 Prohibited Use

RENTER shall NOT use the motorbike, nor permit it to be used, for any of the following purposes:

• Transport of passengers for hire or remuneration
• Pushing or towing any vehicle, trailer, or object (wheeled or otherwise)
• Participation in races, competitions, stunts, or any motorsport events
• Transport of illegal goods or substances
• Any unlawful purpose, including but not limited to the commission of crimes, aiding criminal activity, or the transport of stolen goods
• Transport of passengers exceeding the maximum capacity specified for the vehicle
• Transport of cargo or goods exceeding the maximum weight limit for the vehicle
• Transport of animals or pets
• Dangerous, aggressive, reckless, or negligent driving
• Operating the motorbike at speeds exceeding 90 km/h
• Riding on beaches, sand, or other unsuitable terrain
• Off-road use unless expressly permitted in writing by PTG
• Taking the motorbike outside of Palawan province without express written consent from PTG

1.6 GPS Tracking Device

• RENTER acknowledges and agrees that a GPS tracking device has been installed on the motorbike for security and recovery purposes.
• RENTER shall not tamper with, disable, remove, or attempt to alter the GPS tracking device in any way.
• Tampering with the GPS device constitutes breach of contract and may result in immediate termination of the rental agreement, forfeiture of all deposits, and potential legal action.

SECTION TWO – CONDITIONS OF CONTRACT

2.1 Driver Requirements

• All drivers, including additional drivers, must be at least 18 years of age and possess a valid motorcycle driver’s license issued by the Land Transportation Office (LTO) in the Philippines or the competent authority in their country of residence.
• A valid driver’s license and government-issued identification (passport for foreign nationals, or a valid Philippine ID) must be presented at the time of rental.
• International Driver’s Permit (IDP) holders must also present their original driver’s license from their country of residence.

2.2 Security Deposit

• RENTER agrees to provide a security deposit of up to PHP 5,000.00 per motorbike, payable in cash at the time of vehicle pickup.
• The security deposit will be held for the duration of the rental period and returned upon satisfactory return of the vehicle (see Section Five).

2.3 Rental Extension

• Should RENTER wish to extend the rental period beyond the agreed dates specified in the Rental Booking, RENTER must obtain prior written permission from PTG.
• Payment for the extended rental period must be made in advance before the extension is approved.
• Unauthorized extensions may result in additional penalties and charges.

SECTION THREE – VEHICLE MAINTENANCE

3.1 Maintenance Responsibility

• RENTER shall be responsible for the proper care, maintenance, and safe operation of the motorbike for the entire duration of the rental period.
• RENTER agrees to perform a thorough INSPECTION of the motorbike before each use and acknowledges responsibility for performing this inspection correctly.

3.2 Damage and Mechanical Issues

• RENTER agrees to report any damage, mechanical problems, or malfunctions immediately to PTG upon discovery.
• RENTER shall be held liable for mechanical damage resulting from negligence, improper use of the vehicle, or failure to perform routine maintenance checks during the rental period.
• Failure to report issues promptly may result in RENTER being held fully responsible for resulting damages.

3.3 Return Condition

• RENTER agrees to return the motorbike in the same condition as it was received at the time of the initial INSPECTION, normal wear and tear excepted.
• Any damage beyond normal wear and tear will be charged to the RENTER.

3.4 Vehicle Retrieval Fee

• If PTG is required to retrieve the motorbike due to RENTER’s breach of this agreement (including but not limited to unauthorized location changes, abandonment, or prohibited use), PTG shall be entitled to charge a retrieval fee of PHP 15,000.00 (approximately USD $260.00). 
• This fee is in addition to any other penalties, damages, or charges incurred.

SECTION FOUR – LIMITATIONS OF LIABILITY

4.1 No Insurance Coverage

• RENTER acknowledges and understands that PTG does not provide medical coverage, personal accident insurance, travel insurance, or any other form of insurance coverage.
• RENTER is strongly advised to obtain their own comprehensive travel and medical insurance before rental.

4.2 Release from Liability – Personal Injury

• RENTER hereby releases and holds harmless PTG from any liability for accidents, injuries, or death that may occur involving the RENTER and/or their passengers or companions, whether due to RENTER’s actions, negligence, or any other cause.

4.3 Release from Liability – Personal Property

• PTG shall not be held liable for any loss, theft, or damage to personal belongings, objects, or property left in, transported in, or stored with the motorbike, or left at PTG’s offices or facilities.

4.4 Vehicle Performance

• PTG shall not be responsible for any inconvenience, delays, financial losses, or other detrimental effects to RENTER’s interests that may arise from the motorbike’s performance, mechanical issues, or any other circumstances related to this rental agreement.

4.5 Contract Termination

• PTG reserves the right to immediately terminate this rental agreement if RENTER fails to comply with any provision of this contract.
• In the event of termination due to RENTER’s breach, PTG is entitled to retain all payments received, regardless of whether the full rental period has elapsed.
• No refunds will be issued for early termination due to the RENTER’s violation of terms.

SECTION FIVE – VEHICLE RETURN

5.1 Return Location and Procedure

• RENTER agrees to return the motorbike to the agreed drop-off location specified during booking at the agreed-upon date and time.
• The rental agreement shall be deemed terminated only once the motorbike, all accessories, and keys have been physically delivered to and inspected by PTG.

5.2 Fuel Policy

• The motorbike will be provided to RENTER with a full tank of fuel at the time of pickup.
• RENTER agrees to return the motorbike with a full tank of premium fuel.
• Failure to return the vehicle with a full tank will result in a refueling charge of PHP 500.00 plus the cost of fuel required to refill the tank.

5.3 Security Deposit Return

• The security deposit will be returned to RENTER in cash after the motorbike has been returned and thoroughly inspected by PTG.
• The deposit will be refunded only after PTG has verified that:
  • The motorbike has sustained no damage beyond normal wear and tear
  • No traffic violations or fines have been incurred during the rental period
  • All terms of this agreement have been fulfilled
• Security deposit refunds may take up to 24-48 hours for processing if additional verification is required.

SECTION SIX – PAYMENTS AND FEES

6.1 Booking Payment

• To secure your reservation, 100% of the total rental fee must be paid at the time of booking via the payment methods specified by PTG.

6.2 Cancellation Policy

• Cancellations 15 days or more before the rental start date: Full refund of rental fees.
• Cancellations less than 15 days before the rental start date: No refund will be issued for any reason, including but not limited to acts of God, severe weather, illness, travel restrictions, civil unrest, or personal emergencies.
• PTG will not provide any compensation, credit, or alternative arrangements for cancellations made less than 15 days before the pickup date.

6.3 No Refunds After Rental Commencement

• Once the rental period has commenced, PTG shall make no refunds or returns to RENTER for any unused rental time, except as expressly described in this contract.

6.4 Payment Schedule

RENTER agrees to pay PTG the following amounts:

6.4.1 Rental Fees

• The daily rental rate as specified in the Rental Booking page, multiplied by the number of rental days.
• Payment is due in full at the time of online booking via the accepted payment methods.
• The security deposit (PHP 5,000.00) must be paid in cash at the time of motorbike pickup.

6.4.2 Damage and Theft Liability

• RENTER shall be liable for the full cost of any damage to or theft of the motorbike, up to a maximum of PHP 100,000.00 (approximately USD $2,000.00) to cover administration, repair, and replacement costs.
• In case of damage, PTG has sole discretion to determine whether the motorbike will be repaired or replaced, without prejudice to RENTER’s obligation to compensate for damages.

6.4.3 Traffic Violations and Fines

• RENTER shall be liable for any traffic violations, fines, penalties, or legal fees incurred during the rental period.
• Should PTG be required to pay any fines on behalf of RENTER, RENTER will be charged an administrative fee of PHP 5,000.00 (approximately USD $100.00) in addition to the full amount of the fine(s) and any associated costs.
• RENTER must reimburse PTG for all judicial and extrajudicial costs incurred as a result of RENTER’s violations.

6.4.4 Rental Fees During Repairs

• If the motorbike requires repairs due to damage caused by RENTER, RENTER shall continue to pay the daily rental rate for the entire duration of the repair period until the motorbike is restored to working condition.

SECTION SEVEN – DISPUTE RESOLUTION AND JURISDICTION

7.1 Governing Law

• This agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

7.2 Dispute Resolution

• The parties agree to first attempt to resolve any disputes or differences arising from or in connection with this contract through good-faith negotiation and mediation.
• If mediation fails to achieve a resolution, disputes shall be submitted to the appropriate civil courts in Puerto Princesa City, Palawan, Philippines.
• For disputes involving amounts less than PHP 250,000.00 (approximately USD $5,000.00), the parties agree to utilize the shortened judicial procedure as provided under Philippine law.

7.3 Venue

• Both parties agree that the exclusive venue for any legal action arising from this agreement shall be the courts of Puerto Princesa City, Palawan, Philippines.