Know your rights as an air passenger!

QUEZON City, Philippines (October 19) – As an airline passenger, you  have your rights, and it is paramount that you know said rights or, at the very least, you must be aware that you have said rights.

Your rights as an air passenger can be found in the Joint DOTC-DTI Admin. Order No. 1, more popularly known as the Air Passenger Bill of Rights:

The rights of an airline passenger are classified into three parts and they are:

1. Right to be provided with accurate information before purchase
2. Right to receive the full value of the service purchased
3. Right to compensation

Each of these classifications have their  corresponding rights categorized under them:

1. Right to be provided with accurate information before purchase
2. Right to Full, Fair, and Clear Disclosure of the Service Offered and All the Terms and Conditions of the Contract of Carriage.
3. The air carrier will be the one who will disclose anything such as the incorporation of the terms and conditions of carriage by reference that is attached or printed on the passenger’s ticket and/or boarding pass. The passenger shall be informed that the full terms and conditions of the carriage is available on the website and may be delivered by post or through electronic mail upon the passenger’s request.
4. The air carrier must make sure that the passenger will receive an explanation of all of the key terms indicated in the ticket from any location where the passenger bought the carrier’s ticket, this includes travel agencies. In the case of online booking, there will be an online generated system wherein the purchaser will appraised all the necessary disclosures under this Section twice before he/she fully submit the online offer to purchase.

Just like what is mentioned above, the following terms and conditions of the air carrier that is enclosed in the disclosure must be explained verbally by the air carrier’s agent using any language that can easily be understood by the passenger, placing emphasis on the limitations and/or restrictions attached to the ticket.

1. The key terms of a contact of carriage must be provided to the passenger and must substantially be stated and shall include among any of these: rebooking, refunding, baggage allowance and check in policies.
2. Any breach of the above statements shall be a ground for the denial of following applications for approval of promotional fare, or for the suspension or recall of the approval made on the advertised fare/rate
3. Right to Clear and Non-Misleading Advertisements of, and Important Reminders Regarding Fares
4. The passenger shall be provided with full disclosure in a way that the passenger will absolutely understand the consequences of the ticket and the effect if the ticket has not or will not be used thereof of the major restrictions including rebookability and refundability, which may be attached to certain fare types.
5. Air carriers who cause the publication of fare advertisement using any medium shall likewise disclose the following:

(a) Conditions and restrictions attached to the fare type;

(b) Refund and rebooking policies, if any;

(c) Baggage allowance policies;

(d) Government taxes and fuel surcharges;

(e) Other mandatory fees and charges;

(f) Contact details of the carrier (i.e. phone number, website, e-mail, etc.); and

(g) Other information necessary to apprise the passenger of the conditions and the full/total price of the ticket purchased.

Provided, that, in case of promotional fares, the additional information shall be included:

(h)   Number of seats offered on a per sector basis;

(i)     The duration of the promo; and

(j)      The CAB Approval No. of Fares.

It must also include disclosure such as the fuel surcharge in relation to the points of destination or origin and as for these advertisements, the carriers may only provide the range thereof and not the actual surcharge(s) for each route.

• For the above-mentioned, the required disclosure shall occupy not less than one-third (1/3) of the advertising material and should have an attached or printed copy in English or Filipino.

1. As for the broadcast media, incorporation of the foregoing terms and conditions shall be given by the air carrier or of the advertising agent by reference, as mentioned above.
2. Right Against Misleading and Fraudulent Sales Promotion Practices.
3. All of the sales promotion campaigns and activities of the air carriers should be given 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.
4. All of the carriers must provide DTI a copy of their promotional materials for postThe right to receive full value of the service purchased
5. Right to receive the full value of the service purchased
6. Right to be processed for check-in
7. If the passenger is already within the airline’s designated check-in area at least one hour before his/her Estimated Time of Departure (ETD), he/she should not be declared a no-show or late and shall not be denied to check-in
8. Right to sufficient processing time
9. The check-in counters in the international flights as well as for the airports that was designated by the DOTC should be open at least 2 hours before the ETD.
10. There should be an open and separate flight-nearing check-in counter to facilitate the passengers who are checking in at least one hour before the published ETD.

• *As for the PWDs, senior citizens, and persons that requires special assistance or handling there should be at least one check-in counter which will prioritize them.

1. Right to board aircraft for the purpose of flight
2. As a GENERAL RULE, a passenger’s flight shall not be cancelled or the passenger himself shall not be denied the right of boarding the aircraft without his/her consent.
3. In every rule, there is an exemption. In case of an overbooking whether legal or other valid causes, the carrier must look for volunteers who are willing to give up their seats. After they have gathered volunteers but the numbers of seats aren’t sufficient yet, the air carrier must increase the compensation package until they meet the required number of volunteers who will give up their seats. This is known as an auction system.

*the said right should only be applied if practicable.

For all other airports, Check-in counters should be open at least one hour before the ETD.

1. Right to compensation
2. Right to compensation and amenities in case of cancellation of flight
3. With any legal or valid causes, air carrier’s cancellation of flight should be given to the passenger(s) 24 hours before the ETD.
4. Passengers have an option to rebook their flights or to be reimbursed.

• If by any chances, the flight was cancelled attributable to the carrier, the passenger have the right to be notified beforehand of the cancellation and to have amenities (this may include food, drinks, hotel accommodation, etc.). The passenger also have the rights to be reimbursed of the fare including taxes and surcharges and other optional fees. Passengers should be endorsed to another carrier without paying any difference and can rebook the ticket they bought without paying any additional charges.

1. For any other causes like force majeure, safety and/or security reasons, the passenger have the right to be reimbursed by the full value of their payment for the fare.
2. Right to Compensation andAmenities in Case of Flight Delay and Exceptions Thereto.
3. The passenger have their rights to avail of the refreshments or meals, should have their free phone call, text or e-mails, and first aid kit, if necessary, or to rebook or refund their ticket and to be endorsed to another carrier if their flight has been delayed at least three hours after the ETD, whether or not such is attributable to the carrier.
4. If there will be a delay of six hours after the ETD for causes relating to the air carrier, the passenger can considered the flight cancelled and practice their rights by availing the amenities provided for them in case of actual cancellation.Passengers also have the rights to be compensated of the equivalent or at least the value of the portion delayed. if in case the passenger was not able to rebook and/or to refund, still they have the right to board the flight and for this to happen for some passengers who were no longer present at the moment,  the air carrier is obliged to exert all efforts to contact the passenger for the flight.

• For any Tarmac Delay of at least 2 hrs after the ETD the passenger has the right of getting sufficient food and beverage

1. Right to Compensation for Delayed, Lost, and Damaged Baggage
2. The passenger has the right to be informed of the fact of off-loading
3. For every 24 hours of delay, there will be a compensation of Php2000.00 for the passenger

• If the baggage was not delivered within 24 hours from the arrival of flight, the passenger can refund of their checked baggage fees.

1. If the baggage suffered from any damages, or is lost, the relevant convention shall apply for the international flights and as for the domestic flights, the passenger has the right to a maximum amount equivalent to half of the amount in the relevant convention (for international flights) in its Peso equivalent.
2. If the baggage of the passenger or the consignee is not yet delivered for a period of after 7 days, the baggage is considered lost.
3. Right to Compensation for Delayed, Lost, and Damaged Baggage
4. For the international flights, the relevant convention and inter-carrier agreements apply.
5. For the domestic flights, compensation will be based on the set amount in the relevant convention which preside the international flights.
6. Right to Immediate Payment of Compensation
7. There should be a payment to be given to the affected passengers located at the air carrier’s counter at the airport exactly on the date when the incident incurred or at the carrier’s main office or branch at the discretion of the passenger through among these mode of payments: check, cash or using the document necessary to claim the compensation or benefits and shall be convertible to cash within 15 days from the date  when the occasion occurred.

Whew, that is a lot! But is quite reassuring that the government acknowledges our rights as an air passenger. Said rights will allow us to enjoy our flight without worries, knowing that we are protected!

SOURCES:

http://www.gov.ph/2012/12/10/dotc-dti-joint-administrative-order-no-1-s-2012/

http://www.gov.ph/summary-of-the-rights-of-air-passengers/

(written by Donna Marie Rodriguez, edited by Jay Paul Carlos, additional research by Vince Alvin Villarin)