It’s
summer once again and everyone is having the time of their lives enjoying this
opportunity to travel here, there, and everywhere! This summer, I’m pretty sure
many of you will fly to venture to the crystal clear blue waters of Boracay,
Phuket Thailand, pristine waters of Sri Lanka and even the Caribbean islands
not to mention the US or European tour in order to see the beautiful places of
the western side of the world, both monumental, religious and historic ones,
reflecting the cultural, political, and social milieu of the amazing scenery
with the thought of expecting to shed even for a little while the cobwebs of
stress, the hustle and bustle of the city.
I have here some relevant
provisions of the DOTC-DTI Joint Administrative Order No. 1, s. 2012 dated
December 10, 2012 entitled “Providing for a Bill
of Rights for Air Passengers and Carrier Obligations” which I think may be
useful in asserting your rights as a passenger and enforcing the obligations
arising therefrom whenever you travel by air. Happy reading!!!
RIGHT TO BE PROVIDED
WITH ACCURATE INFORMATION BEFORE PURCHASE
1.
Right to Full, Fair, and Clear Disclosure of the Service Offered and All the
Terms and Conditions of the Contract of Carriage. Every passenger shall,
before purchasing any ticket for a contract of carriage by the air carrier or
its agents, be entitled to the full, fair, and clear disclosure of all the
terms and conditions of the contract of carriage about to be purchased.
a. An air
carrier shall cause the disclosure under this Section to be printed on or
attached to the passenger ticket and/or boarding pass, or the incorporation of
such terms and conditions of carriage by reference.
b. Passengers receive
an explanation of key terms identified on the ticket from any location where the
carrier’s tickets are sold, including travel agencies.
c. Aside from the
printing and/or publication of the above disclosures, the same shall likewise
be verbally explained to the passenger by the air carrier and/or its agent/s in
English and Filipino, or in a language that is easily understood by the
purchaser, placing emphasis on the limitations and/or restrictions attached to
the ticket.
d. The key terms
of a contract of carriage if done in print, must be in bold letters,
2. Right
to Clear and Non-Misleading Advertisements of, and Important Reminders
Regarding Fares.
Advertisements of fares shall be clear and not misleading.
a. Major
restrictions, such as those on rebookability or refundability, shall be
disclosed in full and in such a way that the passenger may fully understand the
consequences of purchasing such tickets and the effect of non-use thereof.
b. Every
air carrier causing the publication of fare advertisements in any medium, shall
likewise disclose the Conditions and restrictions attached to the fare type,
Refund and rebooking policies, if any;, Baggage allowance policies;, Government
taxes and fuel surcharges, Other mandatory fees and charges, Contact details of
the carrier (i.e. phone number, website, e-mail, etc, Other information
necessary to apprise the passenger of the conditions and the full/total price
of the ticket purchased.
In case of promotional fares, the additional information shall be included:
Number of seats offered on a per sector basis; The duration of the promo; and
The CAB Approval No. of Fares.
c. Right
Against Misleading and Fraudulent Sales Promotion Practices. All
sales promotion campaigns and activities of air carriers shall be carried out
with honesty, transparency and fairness, and in accordance with the
requirements of the Consumer Act of the Philippines, and its Implementing Rules
and Regulations.
RIGHT TO RECEIVE THE FULL
VALUE OF THE SERVICE PURCHASED
1. Right to
Transportation and Baggage Conveyance. Every passenger is
entitled to transportation, baggage conveyance and ancillary services, in
accordance with the terms and conditions of contract of carriage with the air
carrier.
2. Right to
be Processed for Check-In. a passenger holding a confirmed
ticket, whether promotional or regular, with complete documentary requirements,
and who has complied with the check-in procedures, shall be processed
accordingly at the check-in counter within the check-in deadline.
3. Right to
Sufficient Processing Time. Passengers shall be given
enough time before the published ETD within which to go through the check-in
and final security processes. air carriers operating in international airports
and in other airports designated by the DOTC shall open their check-in counters
in such airports at least two (2) hours before the ETD. In other airports, air
carriers shall open their check-in counters at least one (1) hour before the
ETD.
4. An
air carrier shall designate at least one (1) check-in counter which will
prioritize persons with disabilities (PWDs), senior citizens, and persons requiring special assistance or
handling. If this is not practicable, the air carrier shall instead provide for
priority handling and processing of such passengers.
Persons accompanying a PWD,
a senior citizen, or a person requiring special assistance or handling should
also be accommodated at the designated check-in counter mentioned in the
preceding paragraph.
5. Right to
Board Aircraft for the Purpose of Flight. No passenger may be
denied boarding without his/her consent except for when there is legal or other
valid cause, such as, but not limited to, immigration issues, safety and
security, health concerns, non-appearance at the boarding gate at the appointed
boarding time, or government requisition of space.
Government agencies and/or
officials wanting to acquire aircraft space for official government purposes
shall submit a written request justifying the requisition to the CAB, which
shall then make the request to the air carrier concerned, detailing:
(a) The number, identities, and affiliation of
the persons requesting for space;
(b) The date and time
(if applicable) of the flight; and
(c) The
destination.
Should government
requisition result in passengers having to forego their confirmed space, the
air carrier shall look for volunteers, who will be given air carrier
compensation or amenities or services.
RIGHT TO COMPENSATION
1. Right to
Compensation and Amenities in Case of Cancellation
of Flight.
a. In
case of flight cancellation attributable to the carrier, a passenger shall have
the right to:
i. Be notified
beforehand via public announcement, written/published notice and flight status
update service (text);
ii. Be
provided with sufficient refreshments or meals, hotel accommodation
(conveniently accessible from the airport), transportation from the airport to
the hotel, v.v. free phone calls, text or e-mails, and first aid, if necessary.
iii.
Reimbursement of the value of the fare, including taxes and surcharges, of the
sector cancelled, or both/all sectors, in case the passenger decides not to fly
the ticket or all the routes/sectors;
iv. Be endorsed to
another air carrier without paying any fare difference, at the option of the
passenger and provided that space and other circumstances permit such
re-accommodation.
v. Rebook the
ticket, without additional charge, to the next flight with available space, or,
within thirty (30) days, to a future trip within the period of validity of the
ticket.
However, in case a carrier
cancels a flight at least twenty-four (24) hours before the ETD, it shall not
be liable for the foregoing amenities, except, it shall be obliged to notify
the passenger, and, in accordance with the preceding provisions, to rebook or
reimburse the passenger, at the option of the latter.
b.
In
case the air carrier cancels the flight because of force majeure, safety and/or
security reasons, as certified by the Civil Aviation Authority of the
Philippines, a passenger shall have the right to be reimbursed for the full
value of the fare.
The above benefits are the
minimum entitlement of a passenger in case of cancellation, and shall not
prohibit the air carrier from granting more favourable conditions or recourses,
as it may deem appropriate.
2.
Right to Compensation for Delayed, Lost, and Damaged Baggage. A
passenger shall have the right to have his/her baggage carried on the same
flight that such passenger takes, subject to considerations of safety,
security, or any other legal and valid cause.
a.
In
case a checked-in baggage has been off-loaded for operational, safety, or
security reasons, the air carrier shall inform the passenger at the soonest
practicable time and in such manner that the passenger will readily know of the
off-loading (i.e. that his/her baggage has been off-loaded and the reason
therefor). If the passenger’s baggage has been off-loaded, the air carrier
should make the appropriate report and give the passenger a copy thereof, even
if it had already announced that the baggage would be on the next flight.
b.
The
air carrier shall carry the off-loaded baggage in the next flight with
available space, and deliver the same to the passenger either personally or at
his/her residence. For every twenty-four (24) hours of delay in such delivery,
the air carrier shall tender an amount of Two Thousand Pesos (Php2,000.00) to
the passenger, as compensation for the inconvenience the latter experienced. A
fraction of a day shall be considered as one day for purposes of calculating
the compensation.
c.
Should
such baggage, be lost or suffer any damage attributable to the air carrier, the
passenger shall be compensated in the following manner:
i. For
international flights, the relevant convention shall apply.
ii.
For domestic flights, upon proof, a maximum amount equivalent to half of the
amount in the relevant convention (for international flights) in its Peso
equivalent.
For compensation purposes, a
passenger’s baggage is presumed to have been permanently and totally lost, if
within a period of seven (7) days, counted from the time the passenger or
consignee should have received the same, the baggage is not delivered to said
passenger or consignee.
d.
Right to Compensation In Case of Death or Bodily Injury of a Passenger.
i.
For
international flights, in case of death or bodily injury sustained by a
passenger, the relevant Convention and inter-carrier agreement shall apply.
ii.
However,
for an international carriage performed under the 1966 Montreal Inter-Carrier
Agreement, which includes a point in the United States of America as a point of
origin, a point of destination or agreed stopping place, the limit of liability
for each passenger for death, wounding or other bodily injury shall be the sum
of Seventy-Five Thousand United States Dollars (US$75,000.00), inclusive of
legal fees and costs. Provided, in the case of a claim brought in a
state where a provision is made for a separate award for legal fees and costs,
the limit shall be the sum of Fifty-Eight Thousand United States Dollars
(US$58,000.00), exclusive of legal fees and costs.
iii.
For
domestic flights, the compensation shall be based on the stipulated amount in
the relevant convention which governs international flights, the same to be
given in Peso denominations.
e. Right
to Immediate Payment of Compensation. The air carrier
shall tender a check for the amount specified, or cash, or the document
necessary to claim the compensation or benefits mentioned above.
There you have it my friends, so next time you embark on a journey you are
already aware of your rights and the corresponding obligations of the air
carriers. It is really exciting and enjoyable to fly safely to anywhere you
want as long as you know the law that governs your respective rights and
obligations of air carriers. Thus, it is essential that you have a copy of this joint
administrative order of Department of Transportation and Communication and the
Department of Trade and Industry (DTI) [Bill of Rights for Air Passengers and
Carrier Obligations] wherever you go.
Have a safe happy travel!!
“A change is brought about because ordinary people do extraordinary things.”
