Key Things to Know About Air Passengers Bill of Rights
3 May 2023The airline business in the Philippines has been thriving over the last decade. Air travel has become considerably more affordable and convenient in recent years. In fact, the Philippine Civil Aeronautics Board even reports a dramatic increase in both domestic and international passenger traffic.
Since more people were flying in and out of the nation after being cooped up at their house and lot in the Philippines due to the pandemic restrictions, more people were filing complaints against airlines. Sadly, delayed or cancelled flights, lost luggage, and even passenger injuries and fatalities are all too common. So, how do we deal with such situations? To begin, we should be familiar with the minimum protections and air passenger rights in the country.
What is Air Passenger Bill of Rights?
In 2012, new laws were passed that defined and expanded protections for Philippine airline passengers. As of December 21, 2012, the "Air Passenger Bill of Rights" was in effect, having been approved by the Department of Transportation and Communication, now called the Department of Transportation, in conjunction with the Department of Trade and Industry.
How Bill of Rights for Airline Passengers Protect You
It's exciting to fly, no matter how far you go. You'll see and hear things you've never seen or heard before! However, unexpected challenges may arise. In the Philippines, the Air Passenger Bill of Rights is intended to aid you in these situations.
Below is the Rights of Air Passengers summary and its three fundamental protections.
A. Obtain accurate information before purchasing a ticket.
A traveler has this protection from the Airline Passengers Bill if they are not given a full, clear, and fair explanation of all applicable terms and conditions before purchasing a ticket.
Details like what you need to check in, how to get reimbursement if your flight is delayed or canceled, and who's responsible for those things should all be made public. Passengers should be able to check the terms and conditions on the airline's website or in any other documentation that may be delivered to them through mail or email.
In addition, airlines should provide marketing for fares that are transparent and not deceptive.
B. Get the full benefit of the service you paid for.
It's important that airline passengers are aware of their rights in purchasing an airline ticker in the Philippines, and these are the following:
Right to Sufficient Processing Time
Airport processes, such as check-in and security inspections, should be completed by passengers with enough time to spare before the scheduled departure time. Due to this, the airline must take the following precautions:
Check-in counters must be opened at least two hours before ETD
At DOTr-designated and international airports, check-in counters must be open two hours before to the ETD. Meanwhile, check-in counters at other airports should open at least an hour before the ETD.
Separate dedicated counter for late check-ins
Passengers needing to check in at least an hour before the advertised ETD should be sent to a separate, dedicated counter.
Priority lane
There should be a designated check-in area for senior citizen travelers, people with disabilities, and those who need special assistance.
Right to be Processed for Check-In
If a person arrives at the airport at least one hour prior to their scheduled departure time (ETD), or within the airline's stipulated period, they should not be deemed late or a no-show and should be allowed to check-in.
Legal Right to Board a Plane to Travel
Without the passenger's permission, it is illegal to refuse boarding. There are, however, certain exceptions. Overbooking and legal or other legitimate grounds fall under this category.
What to expect when there is overbooking?
In the event an airline sells more tickets than there are available seats, they are engaging in overbooking. This is to make up for passengers that did not show up. Nonetheless, if every passenger shows up, there won't be any empty seats.
In the event of overbooking, the airline must find willing passengers to give up their seats. If there aren't enough willing passengers, though, the airline must resort to an "auction system." Overbooking compensation is increased by the airline until the necessary number of volunteers is reached.
C. Right to compensation.
Passengers have the right to seek compensation if they experience specific difficulties, like delayed or cancelled flight, when traveling through an airport. The following examples illustrate the scope of this privilege:
Flight Cancellation (**with Amenities)
The airline is required by law to inform passengers of flight cancellations at least 24 hours prior to the ETD. In addition, the airline must provide rebooking or a refund, at the passenger's discretion. On the other hand, passengers are entitled to have a full refund if their flight is canceled for reasons due to force majeure or security problems.
**If the airline cancels the trip less than 24 hours before the ETD, the customer is entitled to a refund or an endorsement to another airline at no additional cost. Additional passenger rights include amenities, the ability to rebook flights at no extra cost, and to be compensated for the cost of their original flight plus any applicable taxes, surcharges, and optional fees.
Flight Delay and Exceptions Thereto (**with Amenities)
If flight delays are more than three hours past the ETD for reasons beyond the airline's control, the passenger is entitled to a number of benefits, including free food and drink, free phone calls, texts, and emails, free first aid, the ability to reschedule or refund their flight, and endorsement to another carrier. Meanwhile, passengers are entitled to enough food and beverage if the tarmac delay lasts for more than two hours beyond the ETD.
**If there's a flight delay of more than six hours after its scheduled departure time (EDT) and considered airline caused flight delays, the passenger is entitled to the amenities and compensation offered in the event of a flight cancellation, including but not limited to the right to a refund or rebooking to another air carrier, as well as the right to board the flight.
Delayed, Lost, and Damaged Baggage
A passenger has the following protections under this clause:
Baggage offloading notification
Compensation of Php 2, 000 per day for lost luggage
Checked baggage costs are refundable if items are not delivered within 24 hours of flight arrival.
In the event of lost or damaged bags at the airport, the applicable convention shall govern international flights. Domestic flights entitle passengers to compensation of up to 50% of the sum specified in the applicable treaty (for international flights) in pesos.
If the luggage hasn't shown up seven days after the passenger or consignee was due to get it, it's considered lost.
Death or Bodily Injury of a Passenger
The applicable convention and inter-carrier agreements shall apply in the event of death or injury on an international flight. If a passenger is killed or injured on a domestic aircraft, they shall be compensated according to the standards established by the applicable international aviation treaty.
Right to Immediate Payment of Compensation
Airline companies are obligated to make this compensation accessible to passengers who qualify. Compensation may be collected at the airline's head office, the airport where the event happened, or any other branch the customer chooses.
Checks, cash, or the appropriate paperwork must be readily accessible to receive this payment. This document must be exchangeable for cash within 15 days of the occurrence date.
In the Philippines, aviation sector issues, such as canceled or delayed flights, might pop up out of nowhere. They detract from your trip and make it stand out for all the wrong reasons. That's why it's fortunate that we have these airline passenger rights.
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