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30
Jan

AIR PASSENGER BILL OF RIGHTS

Written by bh0ngg. Posted in News

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With the increasing number of people travelling yearly, concerns about an increase in the number of complaints
relating to the conduct of air carriers were also raised.

In response to such complaints, the Department of Transportation and Communication (DOTC), together with the
Department of Trade and Industry (DTI), approved the Joint DOTC-DTI Administrative Order No. 1 Series of 2012,
otherwise known as the “Air Passenger Bill of Rights,” which took effect on Dec. 21, 2012. Among others, this
issuance seeks to provide full, clear and accurate information to the passengers on the services offered by air
carriers and the terms and conditions of the contract of carriage, protection from being bumped off, and right to
compensation in case of cancellation or delay of flights.

It has been observed that the provisions of the regulation appear to provide equal or better rights to passengers going
to or coming from the Philippines, compared to regulations affecting passengers going to or coming from the United
States (US) or the European Union (EU).

RIGHT TO BE INFORMED
The Air Passenger Bill of Rights places emphasis on the right of the consumer to be informed of the complete terms
and conditions of the contract of carriage, among others. The ticket or boarding pass should state either the complete
terms and conditions of the contract of carriage or that such terms are readily available in the air carrier’s website,
which may be sent to the consumer upon request. In case of online bookings, the consumer must be informed, at
least twice, of such terms and conditions prior to final submission of his or her purchase order. In addition,
passengers must be apprised verbally of such terms and conditions in a language easily understood by them.

Under US or EU regulations, a passenger is only given a right to obtain the complete terms and conditions of the
contract of carriage upon request. Air carriers are not required to make such terms and conditions available in their
websites or to verbally apprise the passengers of such terms. Nevertheless, under US regulations, an air carrier must
be able to provide an explanation on the terms of carriage in case the passenger requires the same.

RIGHT TO NON-MISLEADING ADVERTISEMENTS

In order to prevent travellers from being misled by apparently “cheap” air fares which, in actuality, cost considerably
higher than the publicized amount, the Air Passenger Bill of Rights requires air carriers to disclose all other
mandatory fees and charges, including government taxes and fuel surcharges, in their fare advertisements. Notably,
the new advertisements of several air carriers on promotional air fares now include the breakdown of other fees
charged. This is similar to the US and EU regulations which also require the advertisements to state the full price to
be charged to the consumer, inclusive of all government taxes and fees.

RIGHT TO BOARD THE AIRCRAFT

The Air Passenger Bill of Rights takes cognizance of the practice of air carriers to overbook flights. While the same is
not outrightly prohibited, air carriers are required to bear any expense or injury to the passengers who will be affected
by such overbooking. As a remedial measure, the air carrier is mandated to seek volunteers who would be willing to
give up their seats for reasonable compensation. In case the volunteers are not enough to accommodate all booked
passengers, the air carrier is required to further increase the offer to entice sufficient volunteers. The air carrier may
not bump off passengers without their consent.
Under US and EU regulations, passengers who are bumped off must likewise be compensated. Air carriers are,
however, first required to look for volunteers. If the volunteers are insufficient, the air carrier may apply boarding
priority in accordance with the guidelines provided for by their respective regulations.

RIGHT TO COMPENSATION AND AMENITIES IN CASE OF CANCELLATION OF FLIGHT

In case of cancellation of a passenger’s flight, the air carrier is obligated to provide sufficient refreshments, hotel
accommodation, transportation from airport to the hotel, free phone calls, texts or emails and first aid, if necessary.
Furthermore, the passenger must be reimbursed of the value of the fare, including taxes and surcharges, or endorsed
to another air carrier or rebooked to the next flight available without additional charge.

EU regulations provide for similar obligations on the part of the air carrier to provide for reimbursement on the full cost
of the flight ticket and, at the option of the passenger, return flight to the first point of origin or re-routing to the final
destination. In addition, passengers are entitled to monetary compensation based on the distance of the flights.

US regulations, on the other hand, do not provide for compensation if the flight is delayed as everything will be left to
the provisions of the air carrier’s contract of carriage.

RIGHT TO COMPENSATION AND AMENITIES IN CASE OF FLIGHT DELAY

Air carriers are required to provide refreshments, free phones calls, text or emails and first aid as well as re-book or
refund the ticket of the passenger similar to when the flight of the passenger is cancelled. However, if the delay
extends to at least six hours from the estimated time of departure, the flight will be considered cancelled, and the
rights afforded to passengers booked in cancelled flights will apply. Moreover, the passenger will be entitled to
receive additional compensation. Nevertheless, if the air carrier pushes through with the flight despite the delay of
more than six hours, the passenger has the option to board such flight.

Similar to cancellation of flights, US regulation does not afford passengers any compensation or benefits, while EU
law does. Reimbursement for reasonable meals and refreshments and two free telephone calls, emails or faxes must
be provided in case of delay. If the delay is five hours or more, passengers are entitled to reimbursement of the full
cost of the flight ticket together with a return flight to the first point of departure at the earliest opportunity.

PHILIPPINE REGULATION AT PAR

Although far from being perfect, the protection afforded by the Air Passenger Bill of Rights to passengers may be
considered at par or even better than the protection offered to passengers covered by the US or EU regulations.
While the government has done a commendable effort to protect the rights of air passengers and address the abuses
of certain air carriers, the measure of success still rests on the effective implementation of such regulation.

(The author is an associate of the Corporate and Special Projects Department of the Angara Abello Concepcion
Regala & Cruz Law Offices [ACCRALAW]. She may be contacted at 830-8000 or e-mail djchotrani@accralaw.com ).