Last updated October 10, 2023

AGREEMENT TO OUR LEGAL TERMS

We are Pobreng Byaheros (“Company,” “we,” “us,” “our“), a company registered in the Philippines at Arado 2 , Brgy. Poblacion, Taytay, Palawan.

We operate the website https://pobrengbyaherospalawan.com/ (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

You can contact us by email at pobrengbyaherospalawan@gmail.com or by mail to Arado 2 , Brgy. Poblacion, Taytay, Palawan, Philippines.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Pobreng Byaheros, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Payments: Full payment is required to confirm your tour reservation. Payments must be made via Bank Transfer, Credit or Debit Card, Paymaya, or Gcash. A participant’s reservation may be canceled if full payment has not been received.

Rebooking: Rebooking or changes can be made within 30 days before your scheduled departure subject to availability of slots and rebooking fees of Php 1,000 per person. We will not accept a transfer of an account to another participant.

Cancellation and Refund

Cancellation prior to departure: 50% of your full payment will be forfeited if you cancel your reservation 30 days prior to tour departure. If you wish to cancel your tour within fifteen (15) days, you will receive a 25% refund. We will NOT REFUND any amount if you cancel seven (7) days before the tour departure except if the participant was in a life-or-death type of situation in which we will require medical certification as proof. We will only issue a FULL REFUND if we, Pobreng Byaheros, cancel the full trip before the tour date. Any revisions made within the cancellation period, such as a change in departure date or choice of tour, are subject to this cancellation policy.

Cancellation due to unfavorable weather conditions: The tour will be automatically canceled when the Philippine Coast Guard (PCG) declared or issued an advisory of suspension to all sea travel due to severe or extreme weather conditions. In this case, we will provide the participants with a FULL refund less transaction charges.

Cancellation during Tour in Progress: In case Pobreng Byaheros cancels the tour in progress and the participant elects not to immediately return to his/her original point of departure for the tour, or if the participant elects to leave an tour in progress of their own volition, the participant acknowledges and agrees that (i) the participant shall be solely responsible for his/her travel plans once he/she departs the tour, (ii) Pobreng Byaheros shall not have any responsibility for or control over the participant’s safety or activities once he/she departs the tour, and (iii) the participant releases and holds harmless the Released Parties and the Tour Operator, from any and all costs, liability, loss, damage, injury, or death that may arise out of the participant’s decision to not return to his/her original point of departure from the canceled tour is in progress. Except when Pobreng Byaheros cancel a tour, the Tour Operator has no responsibility for any expenses, including any nonrefundable expenses, incurred by the participants in preparing for a canceled tour or any additional arrangements should the participants embark before the scheduled group departure date.

Further, if Pobreng Byaheros cancel the tour in progress, the participants will receive a prorated refund based on the number of days not completed on the Tour.  If a participant elects to leave a tour in progress of their own volition, they will not receive any refund.

No-Show Policy: No refunds shall be made if the participant does not show up on the scheduled date of departure.

Eligibility: All persons under age 18 must be accompanied by a parent or legal guardian over age 21.

Optional Excursions: If a participant elects to participate in any additional activity or excursion that is not arranged or led by Pobreng Byaheros, neither the Released Parties nor the Tour Operator shall have any responsibility for or control over the participant’s safety or well-being, and the participant releases and holds harmless the Released Parties and the Tour Operator from any and all costs, liability, loss, damage, injury, or death arising from the participant’s decision to participate in such activity or excursion.

Itinerary Changes: Every reasonable effort will be made to operate the tours as planned, but alterations may still occur during the tour. The team leader and Boat Captain may decide to change or skip the itinerary depending on the weather condition such as big waves, strong current for the safety of the whole team and the participants.

Medical Authorization and Coverage: In the event the participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the Tour who can direct participant’s care, and Pobreng Byaheros is unable or does not have time to contact participant’s emergency contact, the participant, by registering for a tour, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs, and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf..

Force Majeure Policy: Pobreng Byaheros will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against the Released Parties and/or the Tour Operator for any such loss, damage, injury, or death.

By registering for a tour, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other participants. Pobreng Byaheros tours reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an tour. Pobreng Byaheros Tours and the Tour Operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants. Pobreng Byaheros will not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Tour departure location. Baggage and personal effects are always the sole responsibility of the participant.