When it comes to air travel, there is an abundance of horror stories surrounding lost baggage and cancelled flights. One particularly alarming tale involves irate passengers of a budget airline posting their complaints, to which the airline responded by saying, “They booked a budget airline, what do they expect?” However, air passengers should have the reasonable expectation of receiving a minimum level of acceptable service, as air carriers are public utilities and therefore obligated to maintain standards. Operating an airline is a privilege and carries a responsibility to serve the public interest.
In 2012, a Joint DOTC-DTI Administrative Order No. 1 was issued in the Philippines, establishing a Bill of Rights for air passengers. This order aims to protect the major rights of air passengers, including the right to be provided with accurate information before making a purchase. Passengers are entitled to full disclosure of all terms and conditions associated with their ticket, including those related to check-in, rebooking, refunds, procedures for delayed or cancelled flights, liability limitations, and claims. This information must be printed on the ticket, boarding pass, carrier’s website, or sent via mail or email upon request. Online bookings must include these disclosures twice before finalizing the purchase. The order also emphasizes that the sales and promotions of air carriers must be conducted with honesty, transparency, fairness, and in accordance with consumer protection laws.
Passengers also have the right to receive the full value of the service they have purchased. They should not be considered late or denied check-in if they are within the airline’s designated check-in area at least one hour before the published Estimated Time of Departure (ETD), or within the prescribed time set by the carrier. Check-in counters must be available at least two hours before ETD for international flights, and one hour before ETD for domestic flights. Additionally, separate check-in counters should be provided for passengers nearing the check-in deadline and for individuals with disabilities, senior citizens, and those who require special assistance. Passengers should not be denied boarding except in cases of overbooking or valid legal reasons. In instances of overbooking, airlines must seek volunteers to give up their seats and offer compensation until the required number of volunteers is reached.
Furthermore, air passengers have the right to compensation for inconveniences and damages caused by an airline’s failures, such as flight delays, cancellations, denied boarding, or mishandling of baggage. Depending on the circumstances, passengers may be entitled to rebooking, refunds, amenities such as food, drinks, and accommodation, or endorsement to another airline. Flight cancellations made more than 24 hours before ETD require notification and the option to rebook or refund the ticket. Cancellations within 24 hours of ETD should also come with proper notification, amenities, and reimbursement of the fare. Cancellations due to force majeure or safety and security reasons entitle the passenger to a full reimbursement of the fare. For flight delays of at least three hours, passengers have the right to refreshments, communication services (phone calls, texts, emails), and first aid. They may choose rebooking, refund, or to be endorsed to another carrier. Delays of at least six hours may be treated as cancellations, and passengers can claim compensation or choose rebooking, refund, or to board the delayed flight. In cases of tarmac delays where passengers are already on board the aircraft, they should be provided with sufficient food and beverage. Passengers should be informed if their bags are off-loaded, and they are entitled to P2,000 for every 24 hours of delay in baggage delivery, as well as a refund on the checked baggage fee. For lost or damaged baggage on international flights, the Montreal Convention applies. Domestic flights entitle passengers to half the amount provided for lost baggage on international flights. Passengers have the right to immediate compensation, which can be paid in cash, check, or voucher convertible to cash.
Though the DOTC-DTI Order on air passenger rights exists, there is a movement to strengthen these rights further. House Bill No. 6738, also known as the Magna Carta of Airline Passenger Rights, was filed in Congress and aims to impose obligations on airline companies, provide penal sanctions, and introduce other significant provisions. This bill incorporates many points from the DOTC-DTI Order and includes additional provisions such as:
– Recognizing the extraordinary diligence required of airlines versus ordinary diligence for passengers.
– Establishing a presumption of airline negligence when passengers suffer damage or injury, and clarifying that proper employee selection and supervision does not overcome this presumption.
– Prohibiting flight overbooking.
– Interpreting the contract of air carriage, the ticket, in favor of the passenger and strictly against the airline.
– Entitling passengers who cancel their tickets more than 24 hours before ETD to a 75% refund, including refundable baggage and terminal fees.
– Allowing passengers to be denied boarding if they act in violation of laws or contracts affecting the safety and security of other passengers or crew. Passengers at fault are not entitled to any relief provided for in HB 6738.
– Ensuring equal protection for passengers regardless of various personal attributes or circumstances.
– Imposing interest on amounts due as delayed compensation from airlines.
– Shortening the delay requirement for rebooking or refunds to two hours, and considering a flight as cancelled after three hours of delay.
– Allowing passengers to demand to leave the plane in the case of a three-hour tarmac delay.
– Entitling passengers to free food and drinks for arrival delays of one hour. Airlines must also pay passengers P10,000 or the actual damages suffered if the delay is due to their negligence.
– Making airlines liable to pay passengers at least P50,000 plus other damages for violating air passenger rights.
The authors of HB 6738 have attempted to strike a balance between the interests of passengers and airlines, although the airlines may not necessarily agree with this assessment. On the other hand, passengers who have endured delays, cancellations, baggage mishandling, and extended waits on cramped airplanes may argue that the penalties do not go far enough. The fate of HB 6738 and its potential transformation into law remains uncertain.
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