Air Passenger Bill of Rights - 10 December 2012
Air Passenger Bill of Rights - 10 December 2012
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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.
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.
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.
(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 [email protected] ).