HOUSE °F R PRESENTATIVES

VED
Republic of the Philippines RECE

HOUSE OF REPRESENTATIVES —_pg7@ 0 JUN 2018
Quezon City, Metro Manila TM
TIME: Y

ey

SEVENTEENTH CONGRESS:
First Regular Session
153
House Bill No.

DEQISTRATION UNIT
BILLS vei WOT S

Introduced by DIWA

ty-list Representative Emmeline Y. Aglipay ~ Villar

EXPLANATORY NOTE

It is of utmost importance that we ensure that the rights of our airline passengers are
adequately protected as it is the right of our riding public in civil aviation to receive
compelling and justifiable standards from air carriers, After all, it is no less than the Bill of
Rights under our Constitution which states that the right to travel shall not be impaired except
in the interest of national security, public safety, or public health, as may be provided by law.

For the past years, we have all witnessed major issues concerning violations of air
passengers’ rights as well as other various airline problems. Just last April 2016, a power
outage which lasted for more than S hours at the Ninoy Aquino Intemational Airport (NAIA)
Terminal 3 stranded thousands of passengers, cancelled and delayed domestic as well as
international flights. Then there was also the infamous Tanim-Bala controversy which not
only was a cause of problem domestically, but also was a major embarrassment for the
country internationally.

Such incidents could have been prevented, and their consequences could have been”
mitigated, if we only have a strong regulatory framework that ensures, the safe, efficient,
convenient and secure services to our riding public,

This bill, a re-filing of House Bill No. 6191 based on the Committee on
Transportation Report No, 904 of the 16" Congress, aims to establish an Airline Passenger
Bill of Rights.

Coortisie No VYellon
EMMELINE Y. AGLIPAY-VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila -

SEVENTEENTH CONGRESS
First Regular Session

153

House Bill No. _~

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

AN ACT PROVIDING FOR THE PROTECTION OF THE RIGHTS OF AIRLINE
PASSENGERS AND PENALIZING ACTS IN VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER 1
GENERAL PROVISIONS

SECTION |. Short Title. — This Act shall be known and cited as the “Air Passenger Bill of
Rights Act”,

SEC. 2. Declaration of Policy. ~ It is hereby declared the Policy of the State to promote the
welfare of airline passengers and strengthen the regulatory framework that will ensure safe,
efficient, convenient and secure services to the riding public in civil aviation. The sate shall
pursue a policy mandating full disclosure of all aspects relating to the contract of air carriage.
The state shall adopt the generally-accepted principles of relevant international laws to which
the country is a signatory. Pursuant thereto, the State shall penalize any act of air carriers
which violates the rights of air passengers as defined under this Act.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Air carrier refers to an airline providing providing transportation services in a contract
of air carriage.

(b) Baggage refers to any personal property carried by the passenger which has been
checked-in with the airline. Off-loaded baggage refers to checked baggage but has
either not been put in or been subsequently removed from the cargo ‘hold: of the «
carriers: ~

(©) Cancellation refers to the act of calling off a flight. This shall include the fallowing
instances:

() Cancellation by the air carrier before the estimated time of departure (ETD)
whether or not the reason for the cancellation is due to the air carrier’s fault;

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(2) Cancellation by the air carrier after an unduly long delay; and
(3) Cancellation by the passenger or a situation deemed cancelled as provided under
this act.

(d) Check-in deadline refers to a reasonable point in the before the published ETD as may
be prescribed by the Civil Aeronautics Board (CAB) at which a passenger may
physically present travel documents to the air carrier at the latter’s check-in counter;

(e) Check-in Period Refers to the time when the air carrier’s check-in counters are open
for their flights which starts at least two (2) hours before the ETD in international
airports and in airports designated by the department of transportation and
communication (DOTC). In other airports, the check-in period shall starts at least one
(1) hour Before the ETD;

(f) Confirmed reserved seat refers to a seat on a specific date and on a specific flight and
class of service of a carrier, which has been requested by a passenger, and which the
carrier or its agent verified, by accommodation of the passenger,

(g) Convention refers to the applicable international agreement, convention or treaty on
carriage of goods or persons by air,

(h) Delay refers to the deferment of a flight to a later time, Terminal delay refers to a
delay that occurs while passengers are still inside the terminal waiting for boarding,
while tarmac delay is a delay that occurs while passengers are already on board the
aircraft,

(i) Denied Boarding refers to a situation where a passenger who has physically presented
travel documents pertaining to a confirmed seat reservation at the proper time and
place, and has fully complied with the carrier’s check-in reconfirmation procedures,
and the carrier’s tariff requirement, was not allowed to board the aircraft;

(j) Denied check-in refers to a situation where a passengers, who has physically
presented travel documents to an air carrier’s check-in counter checked in at the
appointed area and the appointed time, is denied or is not processed for boarding a
particular flight;

(i) Fare refers to the payment in consideration for the carriage of a passenger but shall
not include for ancillary services. Regular fare is any fare that is offered on a regular
basis, is non-discounted, and offers the advantage of cancellation, changing flight
time or schedule, rerouting, or rebooking, by the passenger, whether for a fee or
penalty, or not, Promotional fare is any that is generally lower than a regular face and
offered for a specific period specific period. This includes offers of “no frills” fare,
wherein the nonessential features for flights such as free food and drinks onboard
flights have been removed to keep the price low, and discounted fares which require
prior approval by the CAB;

(1) Free tickets refers to tickets provided by carries to passengers, tickets available for
free to employees, and tickets claimed based on mileage, which do not have
confirmed status, are subjects to space availability, and do not qualify as either regular
regular or promotional fare;

(m)General Sales Agent means a person who is not a bonafide employee of an air carrier,
and who as authorized by the air carrier, by itself or through an agent, sells or offers
for sale any air transportation, or negotiates for, or holds out by solicitation,
advertisement or otherwise as one who sells, provides, furnishes, contracts, or
arranges for, such air transportation;

(n) Government Requisition of Spaces refers to a formal request by the government or its
agencies to its agencies to an air carrier for the use of an aircraft, or any part thereof,
for regulatory, safety, security, and emergency purposes. Such request shall be the

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requesting agency to the CAB which, in turn, shall make a request to the air carrier
concerned, detailing the number, identities and affiliation of the persons requesting
for space and the date, time and destination of the flight;

(0) No Show refers to the failure of the passenger to appear at the check-in counter within
the check-in deadline or show up at the boarding gate at the time indicated on the
boarding pass;

(p) Non-scheduled services refers to an arrangement where an aircraft has more
flexibility in terms of time, schedules, rates, and choices of airports and similar
operational characteristics subjects to the approval of the Civil Aviation Authority of
the Philippines (CAAP) each time;

(q) Overbooking refers to the practice by air carries of selling confirmed reserved seat
beyond the actual seat capacity of the aircraft. This shall include a situation wherein
an air carrier downgrades an aircraft for grounds other than safety or unforeseen
operational reasons that results in the bumping off of passengers;

(®) Passenger refers to a person actually by air. Air person who is named in the flight
tickets shall be considered a passenger for the purpose of this Act;

(s) Person with Disability or PWD refers to those who have long-term physical, mental,
intellectual or sensory impairments, which, in interaction with various barriers, may
hinder their full and participation in society on an equal basis with others;

(t) Philippine-based air carrier refers to an air carrier holding a certificate of public
convenience and necessity (CPCN) or a temporary operating permit (TOP) issued by
the CAD for Scheduled or non-scheduled services;

(u) Sales promotion refers to the techniques intended for broad consumer participation
which contain promise of gain, such as prizes, in cash or in kind, as reward for the
purchase of a product, security, service or winning in a contest, game, tournament,
and other similar competition which involve determination of winners of winner/s and
which utilize mass media and widespread media of information, It’s also means
techniques purely intended to increase the sales, patronage and goodwill of a product;
and

(v) Scheduled services refer to an arrangement wherein an air carrier follows a fixed,
regular, and published timetable and routes and which does not have flexibility in
terms of time, schedules, routes, and choices of airports and similar operational
characteristics,

SEC. 4, Scope of Application. ~ This act shall apply to all aspects of contracts of air
carriage for flights or portions of a flight, within the territory of the Philippines or from
the territory of the Philippines, operated by foreign air cartiers, as well as charter flights
and the conduct of individual ticketing: provided, that the compensation provisions of this
act not apply to air carriers flying into the territory of the Philippines if the laws of the
country of origin provides similar or higher compensation.

SEC. 5. Applicability of International Laws and Pertinent Conventions. ~ In case of
conflict between the provisions of this act and the provisions of the any treaty or
convention where the Philippines is a signatory, the provision of the latter shall prevail
Where the Philippines is not a signatory, the implementation of this act insofar as the
same are not contrary to the provision herein contained

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CHAPTER IE
CONTRACT OF CARRIAGE BY AIR:

SEC. Contract of Air Carriage. ~ By the contracts of air carriage, an air carrier obliges
itself to transports the passenger or one’s baggage, if any, from one place to another,
through airspace, without any damage or injury upon the latter's person, or loss damage
or unreasonable deterioration of his baggage, if any, and when the passenger obliges
oneself to pay a just and reasonable air fare.

SEC. 7, Perfection of the Contract of Carriage. — The Contract of air carriage is perfected
from the moment the air carrier and the passenger gives their respective consent to the
agreement.

There is consent when the air carrier issues a confirmation of airlines ticket in favor
of a passenger, who accepts and holds it in his/her possession, with the corresponding full
payment of the face by said passenger.

SEC. 8, Diligence Required of the Carrier. ~ Air carriers, due to the nature of air
transportation, it being imbued with public policy and interest, are obliged to observe
extraordinary diligence I the performance of their obligations under the contract of air
carriage. Air passengers are required to observe ordinary diligence while the contract of
air carriage is effective

SEC. 9. Presumption of Negligence. ~in case of damage or injury to the person of the air
passenger, or loss, damage, or unreasonable deterioration of his/her baggage, if any, the
air carrier shall be presumed negligent, unless it proves that it exerted extraordinary
diligence to avert the same

Diligence observed in the selection and supervision and supervision of employees
shall not be a defense to rebut this presumption.

In the case of carriage of goods and baggage, the presumption of negligence shall not
apply if the loss, damage, or unreasonable deterioration is caused or occasioned by any of
the following:

(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;

(3) Act or omission of the shipper or owner of the baggage/goods;

(4) The character of the goods or defects in the packing or in the containers; and
(5) Order or act of competent public authority.

SEC. 10. Cancellation. ~ An air cartier may cancel a flight for any of the following.
(1) Infrastructure limitation as certified by the CAP:
(2) Safety reasons due to a technical problem;
(3) Security reasons; or
(4) During the occurrence of fortuitous event.

The passengers affected may avail such applicable remedies provides under this Act.

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SEC. 11. Overbooking. - Overbooking shall not be allowed for all air carries.

SEC. 12. Construction. - In case of doubt, the contract or air carriage shall be construed
liberally in favor of the passenger and strictly against the air carrier.

CHAPTER IIT
RIGHTS AND OBLIGATIONS OF THE PASSENGERS

A. RIGHT TO FULL AND TRUTHFUL INFORMATION OF THE CONDITIONS
OF THE CONTRACT CARRIAGE

SEC. 13.Clear, Truthful, and Understandable Information. ~ In Additional to be
Information enumerated under Section 15 hereof, every passenger shall, before
purchasing any ticket for a contract of carriage, have the right to the full access and fair
and clear disclosure of information, in English and in Filipino, From an air carrier or
general sales agent on the following terms and conditions of the contract of carriage

(a) Fare and other fees and ancillary charges (taxes, insurance, fuel surcharge, seat
reservation, etc.);

(b) Travel restrictions;

(c) Baggage allowance and limitations;

(d) Check-in and boarding requirements and deadlines;

(e) Air carrier’s responsibilities and passenger’s rights and compensation for delayed
and cancelled flights and for death and injuries and lost, delayed or damaged
baggage;

(6) Air carrier's liability limitations,

(g) Procedures for claims against the carrier;

(h) Services and amenities provide by the air carrier; and

(i) Other crucial and necessary conditions of the contract of carriage.

SEC. 14. Method of Disclosure. ~ an air carrier shall cause the disclosure under the
immediately preceding section to be printed on or attached to the passengers tickets,
boarding pass, or incorporate such terms and conditions or carriage by reference.

Incorporation by reference means that the ticket or boarding pass shall clearly state
that the complete terms and conditions of carriage are available for perusal or review in
the air carrier's website, or in some other document that may be sent to or delivered by
post or electronic mail to a passenger upon request.

The air carriers are required under this act to post in their website, or other online
accounts, the information which the passenger has a right of full access and disclosure.

In case of booking through a ticketing office or agent, the disclosure shall be
explained by the agent in language that is easily understood by the purchaser.

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In case of online booking, the air carrier must establish a system wherein a purchaser
is fully apprised of the required disclosures under this section twice to the final
submission of an online offer to purchase. The first disclosure shall include the full
information to which the passenger has a right of access and disclosure. The second
disclosure before the final submission of an online offer to purchase shall substantially
include the following message, in English and Filipino’

“By confirming purchase of this ticket, you agree to the terms and conditions which
include

(a) Refund policy;

(b) Rebooking policy;

(c) No-show policy, and

(d) Other important information specific to the ticket purchased”

“Sa pagpili ng tiket na ito, kayo ay sumasang-ayon sa mga Kondisyon at restriksyon
kabilang na ang

(a) Panuntunan sa pagsasauli ng ibinayad;

(b) Panuntunan sa pagpalit ng tiket;

(c) Panuntunan sa hindi pagdating sa tamang oras; at
(d) Iba pang importanteng impormasyon ukol sa ticket”

SEC. 15, Advertisement — advertisement of fares shall be clear, truthful, and not
misleading and shall capacitate the passenger to make an informed purchase or availment
of the airline ticket such that the passenger fully understands the consequences of
purchasing such ticket,

The advertisement of the promotional fares shall be made only after the same has
been approved by the CAB.

The following disclosure are required to be part of the airline advertisement in print
medium which shall occupy not less than thirty percent (30%) of the advertising material:

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

(b) Refund and rebooking policies;

(c) Government taxes and fuel surcharges;

(d) Other fees and charges;

(e) Contact details of the carrier which include phone numbers, websites, email, and
online accounts;

() Other information that is necessary to apprise the passenger of the conditions and
full price of the ticket which may include incorporation by reference of websites
and other available information portal of office where the passenger can read or
ask the full terms and conditions of the fare and the air passengers bill of rights;
and

(g) In case of promotional fares the number of seats offered on a per sector basis, the
CAB permit or approval number and the duration of the promo.

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B, RIGHT TO FAIR AND REASONABLE FARE AND TO THE FULL VALUE
OF THE SERVICE PURCHASED

SEC. 16, Right to Receive the Full Value of the Service Purchased. ~ A passenger shall
have the right to fair and reasonable fare and to receive the full value of the services that
they purchased. An air carrier shall not deny nor diminish any service that an air
passenger has paid for. However, an air carrier may upgrade its services in favor of a
passenger fire charge, subject to the consent of the passenger

‘The right includes the convenience on the part of the passenger during the flight.

SEC. 17. Right to mandatory fare discount ~ Qualified senior citizens, PWDs and
students are entitled to a twenty percent (20%) discount on all regular fares.

To avail of the discount, the persons concerned are required to slow competent proof
that they are senior citizens, PWDs or student. Competent proof includes government-
issued identification cards

To avail of the discount, a student, at the time of the purchase of the aitline ticket,
must be enrolled in preschool, elementary, secondary or collegiate school or institution,
whether academic, vocational or technical, duly recognized by the government, For the
purpose of this act, it does not include those taking up post-graduate courses like
medicine, law and masters and doctoral degrees as well as short-term courses and
seminars and classes like dancing, singing and driving lessons

Qualified senior citizens, PWDs and students are likewise except from the payment of
the value-added tax.

Where the air carrier offers promotional fares, the face is more beneficial between the
discounted fare and the promotional fare shall be given to the passenger.

For purpose of taxation, the discounts herein imposed shall be allowed as deduction
on the gross income of the air carrier.

SEC. 18. Right to Refund. - Every Passenger holding a refundable airline ticket shall have
the right to the refund of fares. This includes the refund of the fees such as checked
baggage fees and other optional service fees such as insurance, and seat selector fee, if
any.

SEC. 19. Right to Cancel a Flight. ~ if the passenger cancels the confirmed flights more
than twenty-four (24) hours before the ETD, the passenger shall be reimbursed seventy-
five percent (75%) of the cost of the ticket less charges for ancillary services, and the
remaining twenty-five percent (25%) shall be retained as the cancellation fee, There shall
be full reimbursement of such changes for ancillary services not availed of including, but
not limited to, baggage fees and terminal fees

If the passenger cancels the confirmed flight twenty-four (24) hours or less before the
ETD, or Does not show up altogether, the ticket shall be considered flown: there shall be

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full reimbursement of the charges for ancillary services not availed of including, but not
limited to, baggage fees and terminal fees.

SEC. 20. Right to Rebook a Flight. - Every passenger who was fully and truthfully
informed that the purchased is rebookable shall have the right to rebook the flight in
accordance with the terms and conditions set forth in the rebooking policy.

SEC 21, Right to be Processed for Check-in. ~ A passenger holding a confirmed tickets,
whether under a promotional or regular scheme, with complete documentary
requirements, and who has complied with the air carrier’s check-in procedures, shall be
processed accordingly at the check-in counter within the check-in deadline. For this
purpose, the CAD shall, consistent with global aviation practice, provide a uniform
schedule of the opening of check-in counters and check-in deadline for both local and
international {lights giving the passengers enough time to be processed for check-in

‘The air carrier shall therefore and subjects to infrastructure limitations, clearly
designate the boundaries of its assigned check-in areas or counters in a manner
convenient to the passenger

The air carrier shall ensure that all its passengers for a particular flight, including
those who are in queue prior to the check-in deadline have already checked-in before
accepting passengers from previously delayed or cancelled flights, and chance passenger,
in that order, when there are still seats available,

See. 22. Right to Board Aircraft for the Purpose of Flight. ~ Except when the passenger is
at fault, or due to legal or valid causes such as immigration issues, safety, security, and
health concerns when there is a legal or other valid cause, a passenger who has checked-
in for a particular flight has the right to board the aircraft for the purpose of flight. A
passenger shall be considered at fault if such passenger is acting in violation of a law or
the contract of air carriage affecting the safety of another passenger or crew during the
voyage.

C. RIGHT AGAINST ANY ACT OF DISRIMINATION AND VEXATION

SEC. 23. Right to Equal Protection. ~ Every passenger is entitled to all the tights set
forth in this Act and in all aspects of the contract of carriage regardless of race, sex,
gender, education, income, social status, language, physical characteristics, mental
characteristics, sensory impairments, age, religion, marital status, political belief, and
other circumstance. No air carrier shall deny a passenger from enjoying the tights set
forth in this act because of criminal or summary convictions, or a previous grievance
against the air carrier.

SEC. 24. Right to be Respected. ~ Air passenger shall have the right to be respected at all
times by the air carrier. Airline employees and crews shall serve passengers with utmost
courtesy and respect,

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D. RIGHT TO SAFETY

SEC. 25. Access to Emergency Measures, Medical Assistance, Safety Devices and
Essential Services. ~ A passenger has a right to have access to and to use emergency and
safety devices, medical assistances, and proper application of first aid procedures during
emergency situations or when the passenger’s health requires it. Air carries shall train
flight personal and in handling and responding to emergency situations and shall provide
at least one (1) flight crew who is certified to be trained in the application of first aid
procedures. An air cartier shall always inform its passengers of emergency measures in
case of evacuation before the start or during the first hour of the flight.

A passenger has a right to disembark from an aircraft when in the passenger's
determination, continuing the journey or being onboard the aircraft constitutes a rick to
health, The air carrier shall consult with the passenger who wishes to disembark and
determine whether it is to the best interest of the passenger to deplane.

‘A passenger shall have access to essential services such as adequate food and potable
water, clean and safe lavatory facilities, and cabin ventilation and comfortable cabin
temperatures.

RIGHT TO REDRESS AND COMPENSATION

SEC. 26. Right to Bring Action, Satisfaction or Relief of Wrong or Injury. — Every
passenger has a right, without fear of retribution, to take action against the air carrier for
any wrong or injury caused to the passenger by reason of the air carrier under this act and
applicable treaties or conventions.

SEC. 27. Right to Immediate payment of Compensation. ~ A passenger shall have the
right to be compensated, promptly and expeditiously, in case of flight delay or
cancellation, death or injury upon his/her person, and loss or deterioration under this act
does not preclude the passenger to seek redress in a count for damage caused by any
violation of the rights of the passenger as provided for by this act or any other laws or
treaties concerning air transportation.

An air carrier liable for any of the required compensation provided under this act shall
make the same available to the affected passenger at the air carrier’s counters at the
airport on the date when the occasion entitling the passenger to compensation occurred, ot
at the main office or any branch of the air carrier at the discretion of the passenger. The
air carrier shall tender a check or cash for the amount specified, or the document
necessary for claiming the compensation herein stated

If not paid within the prescribed period, the compensation granted in this chapter shall
earn an interest computed at the current legal rate until full payment reckoned from the
time of the expiration of the period, unless the non-payment is prevented by a legal cause.

SEC. 28. Rights of a Passenger for Delayed Flights. — Every passenger has the right to be
compensated for flights not flown within a reasonable time from ETD. The provisions of

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this section shall be the minimum entitlement of a passenger is case of delay and shall not
prohibit the air carrier from granting more favorable conditions or recourses, as it may
deem appropriate.

(a) Terminal Delay

In case the flight is delayed for at least two (2) hours after the ETD, whether or not
such is attributable to the carrier, a passenger shall have the right to:

(1) Be notified via public announcement of the reason for the delay and the ETD
as soon as the information is available,

(2) De provided a minimum level of care immediately, on the spot at
terminals/stations while waiting for the beginning of the continuation of the
delayed journey;

(3) Be offered free of charge: (i) sufficient meals and refreshment in a reasonable
relation to the waiting time; (ii) free phone calls, text messaging, fax, emails,
or other means of communications:

(4) Declare that he/she is cancelling his/her reservation and ask for cause
attributable to the carrier, the flight shall be deemed cancelled and the affected
passenger shall be entitled to be the remedies provided under section 29(a).

(b) Tarmac Delay

Every passenger shall likewise have the right to adequate food and beverage in case of
tarmac delay of at least two (2) hours after ETD, reckoned from the closing of the aircraft
doors or when the aircraft is still at the gate with the doors still open but passenger are not
allowed to deplane, In case the delay exceeds tree (3) hours, the passenger may request
disembarkation

(©) Arrival delay

In case there is a delay in the aircraft's arrival at the airport of destination for at least
one (1) hour, the air carrier shall give the affected passenger free food and beverages.

If the said delay is due to the air carriers negligence, it shall be liable to pay damages to
the air passenger amounting to ten thousand pesos (P10,000.00) or the actual damages
suffered, whichever is higher.

In the case of a multi-sector journey where the air carrier is a fault, in addition to the
rights and entitlements stated under this section, a passenger shall be entitled to an
additional compensation at a rate which is equivalent to at least the value of the sector
cancelled by reason of the delay: Provided, that, in case of connecting flights with other
catrier, the passenger has allotted sufficient connecting time of at least three (3) hours for
international flights and two (2) hours for domestic flight: Provided, further, That the
passenger shall not be entitled to the compensation of the value of the sector deemed
cancelled, if the passenger is endorsed to another cartier and the passenger is able to
complete his/her joumey.

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SEC. 29, Rights of a Passenger for Cancelled Flights or Flights Deemed Cancelled. — A
passenger has a tight to compensation in cases of flight cancellation subjects of the
following rules:

(a) Ifa flight is cancelled due to a cause attributable to air cartier, a passenger shall
have the right to:

(1) Be notified beforehand or as soon as possible of the situation via public
announcement, written/published notice and flight status update services either
through text or electronic mail

(2) Be provided a minimum level of case immediately, on the spot at
terminals/station;

(3) Be offered free of charge

(@ Sufficient meals and refreshments in a reasonable relation to the waiting

time,

(ii) Hotel accommodation near the airport in cases where a stay of one or more
nights becomes necessary, or where a stay additional to that intended by the
passenger becomes necessary; and

(iii) Transportation service between the airport and place of accommodation.in
addition, passengers shall be offered free phone calls, text messaging, fax, email,
or other means of communication, free internet access, and first aid, if necessary.
In applying this provision, the air carrier shall pay particular attention to the needs
of person accompanying them, as well as the needs of unaccompanied children;

(4) Subject to the provisions of Sections 10 and 19 hereof, be reimbursed within
five (5) days, either by cash electronic bank transfer, bank orders or bank
checks or with the signed agreement of the passenger, in travels voucher
and/or other services of the full cost of the ticket at the price at which it was
bought, for the part or parts of the journey not made and for the part or parts
already made if the flight is no longer serving any purpose in relation to the
passenger’s original travel plan, together with, when relevant, a return flight to
the first point of departure, at the earliest opportunity.

If payment is made through credit card, the reimbursement shall be credited
back to the payor’s credit card account within seven (7) days without additional
cost to the passenger,

(5) Be endorsed to another air carrier without paying any fare difference, at the
option of the passenger, and provided that space and other circumstances
permit such re-accommodation: or

(6) Rebook the ticket without any additional change
In the case of multi-sector journey, in additional to the rights and entitlements
stated under this section, a passenger shall be entitled to an additional

compensation at a rate which is equivalent to at least the value of the sector
cancelled by reason of the cancellation.

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(b) In case the carrier cancels the flight because of force majeure, safety, and/or
security reason as certified by the CAAP, a passenger shall have the right to

(1) Rebook the trip to another trip in the future subject to the payment of the fare
difference, if any

(2) Reimbursement of the value of the fare:

(3) Endorsement to another airline, at the option of the passenger.

This provision shall be the minimum entitlement of a passenger in case of
cancellation and shall not prohibit the air carrier from granting more favorable
conditions or recourses as it may deem appropriate.

SEC. 30. Rights of Passengers Denied Boarding. — A passenger who has checked-in for a
particular flight cannot be denied from boarding the aircraft except for legal or other valid
cause such as immigration issues, safety, security, and health concerns

In a case where a passenger is denied boarding because the number of volunteers is not
due to overbooking, government requisition of space, downgrading of an aircraft of legal
orders, the flight in respect to the affected passenger shall be deemed cancelled and the
compensation shall be governed by the following rules:

(a) If the denial of boarding the aircraft is by reason of overbooking, aircraft is for
some legal or justification reason downgrading, the passenger concerned shall be
compensated in accordance with the provisions of Section 29(a) hereof;

(b) If the denial of boarding the aircraft is for some legal or justification reason
relating to the security or safety of other passengers or applicable regulations as
sanctioned by the CAAP or legal order of other authorities, the passenger
concerned shall be entitled to refund, rebooking or endorsement to another carrier
subject to payment of fare difference or any administrative changes when
applicable

(c) If the denial of boarding the aircraft is due to government requisition of space, the
affected passenger shall be entitled to the remedies in the preceding paragraph
with the cost chargeable against the air carrier subject to reimbursement by the
requesting agency if allowed; and

(d) In the case where a passenger is denied boarding for acting in violation of a law or
the contract of air carriage affecting the safety and security of another passenger
or crew during the voyage, such passenger shall not be entitled to any relief
provided under this Act

Provided, that no passenger shall be denied boarding for two (2) consecutive times
consecutive times on the same day, except when public safety, order health or moral
requires: provided farther, that PDWs, persons with special needs, senior citizens,
pregnant women and unaccompanied children shall be given preference against denied
boarding.

SEC. 31. Filling-up of Empty Seats. ~ Vacant seats due to cancellations by the passengers
and no shows shall be offered by the air carrier, first to the passengers of delayed or an
celled flights of the same air carrier or another carrier, through endorsement between the
two (2) air carriers, if there are still empty seats remaining, it shall then be offered to the
chance passengers.

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SEC. 32, Loss, damage and delay of Baggage. - Every Passenger has a right to
compensation for any loss, damage, or delay of baggage attributable to the fault of the air
carrier. Compensation for loss of baggage shall be in the following amounts

(i) For international flights, twenty dollars (USD20) per kilo for checked-in baggage
and four hundred dollars (USD400) for hand-carried baggage

(ii) For domestic flights, the equivalent amount in person shall apply.

A passenger's baggage is presumed lost if, within a period of seven (7) days
counted from the time the passenger or consignee should have received the same, the
baggage is not delivered to said passenger or consignee.

Once the baggage is declared to be permanently lost in case of domestic
flights, the provision set in the contract of carriage shall apply in the valuation of lost
belongings. In case of international flights, the limits set by the Warsaw Convention
or the Montreal Convention, whichever is applicable, shall apply.

In case a checked-in baggage has been off-loaded for operational, safety, or
security reasons, the air carrier shall inform the passenger at the soonest practicable
time and in such manner that the passenger shall readily know of the off-loading that
his/her baggage has off-loaded, the air carrier shall make the appropriate report and
give the passenger a copy thereof, even if it announced that the baggage shall be on
the next flight.

The air carrier shall carry the off-loaded baggage in the next flight with
available space, deliver the same to the passenger either personally or at his/her
residence and tender an amount of one thousand pesos (P1,000.00) for every two (2)
days of late delivery, as compensation for the inconvenience. The passengers shall
also have a right to the refund of the checked baggage fees if the baggage was not
delivered to the passenger within twenty-four (24) hours from the arrival of flight.

Air carriers are liable for provable consequential damages up to the amount of
their liability limit in connection with the loss and delay in the delivery of baggage, in
accordance with the limits set by the Warsaw Convention or the Montreal
Convention, whichever is applicable.

Damaged baggage shall be compensated at one hundred pesos (P100.00) per
kilogram if it is in a domestic flight unless the passenger has declared a higher
valuation of the baggage at check-in time. For intemational flights, item (i) under this
paragraph shall apply.

SEC. 33. Compensation for Death and Bodily Injuries. ~
(@) In the case of international flights, the rules of the relevant convention shall apply as

to compensation for death or bodily injuries sustained by a passenger in the contract
of carriage

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(b) For domestic flight, the passenger shall be entitled to the compensation subject to the
provisions of the contract of carriage or the compensation as provided in the provision
of the relevant convention, in its Philippine currency equivalent, whichever is higher.

SEC. 34. Compensation for Violation of Airline Passenger Rights. ~ In Case the ait carrier
violates the rights of air passengers, the former shall pay the latter damages amounting to at
least fifty thousand pesos (P50,000.00), exclusive of other damages or injury the air
passenger has suffered

CHAPTER IV.
RIGHTS, DURIES AND OBLIGATIONS OF THE AIR ARRIERS

SEC. 35. Prevention of Harm to Passenger and Maintenance of Aircrafis. ~ An ait Carrier
shall prevent and hazard to passengers by ensuring that it follows all regulations on the
airworthiness of the aircraft, complies with rules on hazardous materials, protects the
passengers from unreasonable harm, and activity responds to harm caused by the aircraft
structure, materials, and chemicals.

SEC. 36, Designation of an “All-Flight” or “Per Route" Counters. ~ Air carriers may
operate all-flight counters which will serve passengers without regards to destination. As far
as practicable, the air carrier shall. In addition to all-flight counters, open a separate counter
dedicated for a flight nearing check-in deadline to facilitate the checking-n of passenger at
least an hour before the published ETD.

SEC. 37, Special Accommodation of PWDs, person with special needs, senior citizens,
pregnant women and unaccompanied children. ~ to ensure the full enjoyment of the rights
enumerated under this act, the provision of the following laws and their implementing rules
and regulations, whenever applicable, shall form part of this act as far as the passenger in this
section are concemed:

(a) Republic Act No. 7277 or the Magna Carta for Disabled Persons as amended by
Republic Act No, 9442 and its implementing rules and regulations;

(b) Batas Pambansa Bilang 344 or the Accessibility Law;

(c) Republic Act. No. 7432 as amended by Republic Act. No. 9257 and Republic Act No.
9994 or the expanded Senior Citizens Act of 2010 and its implementing rules and
regulations.

The contract od air carriage shall clearly enumerate the necessary terms and conditions
affecting the rights of PWDs, Senior Citizens, person with special needs, pregnant women
and unaccompanied children.

Air carriers and its agents, in coordination with the agencies charged with protecting the
rights and welfare of the abovementioned passengers, shall implement a system allowing this
group of persons enough and convenient opportunity to comply with aviation requirements
and their special needs, facilities and assistance by reason of their individual circumstances
throughout the flight

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For this purpose, air carriers shall designate at least one (1) check-in counter dedicated to
persons with disabilities (PDWs), senior citizens, person with special needs, pregnant women
and unaccompanied children between seven (7) and twelve (12) years old

SEC 38. Responsibility of the Air Carrier When the Number of Passengers is Beyond the
Capacity of the Aircraft. ~ If a certain flight has more ticketed passengers that allowed
capacity of the aircraft by reason of overbooking, government requisition of space, as well as
the downgrading of the aircraft for safety or unforeseen operational reasons as certified by the
CAAB, the air carrier shall perform the following:

(a) Determine the number of passenger in excess of the actual seat capacity of the
aircraft,

(b) Announce that the flight is overbooked, and that it is looking for volunteers willing to
give up their seats in exchange for air carrier compensation;

(c) Provide the interested passengers or volunteers a list of amenities and offers from
which they can choose, which shall always include priority booking in the next
available flight and/or cash incentive, and

(d) In case the number of volunteers is not enough, the air carrier shall increase the
compensation package by a certain degree by adding more amenities/services until the
required number of volunteers is met.

No flight shall be delayed pursuant to the settlement of the air’s carrier’s obligation under
this section,

SEC. 39, Duty of the Carrier in the Event of Flight Deviation. - Flight deviation
happens when there is a change in the airport of origin or destination. If such is the case, an
air carrier shall provide the necessary transportation of the ferry a passenger from the
originally-designated airport of departure to the actual airport of departure or from the airport
of actual destination to the airport of the originally-designated destination, as the case may
be.

If, by reason of the deviation, a certain right of a passenger has been violated, the
applicable provisions of this Act shall govern the availment and grant of remedies and
compensation.

SEC. 40. Provision of Assistance Desk. ~ Air carriers shall provide Customer Service
Representatives (CSR) who can address common problems on the spot, which include
arranging for meals, hotel rooms and accommodation for stranded passengers, write checks
for denied boarding compensation, arrange luggage resolutions, and settle other routine
claims or complaints

In addition, the CAB shall provide Complaints and Assistance Desks manned by CAB
or CAB-deputized personnel in all airports who shall assist passengers, whose rights have
been violated, including the filing of the complaints.

SEC. 41. Remedies of the Passengers. ~Every passenger whose right provided in this
Act is violated shall have the following remedies:

(a) Go to the CSR of the air carrier at their designated counter. Ask for two (2) copies
of the report form and write the nature of the complaint.

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(b) Submit the forms to the CSR and get acknowledgment receipt.
Give one (1) copy to the CSR for processing.

(©) Give the other copy at the Complaints and Assistance Desk (CAD) of CAB or
CAB-deputized personnel at the airport and attach the report from the air carrier
‘on the report from the CAB.

(a) Get acknowledgment receipt of complaint from the CAB.

(e) Get resolution slip from the air carrier’s CSR and attach it o the CAB report form
and submit it to the CAB-CAD,

(8) If case is not resolved, go to the CAB-CAD and report such incident together with
documents, and other evidence, to support the claim.

SEC, 42. Operational Spare. — An air cartier shall, in adopting its flight schedules,
exert all efforts to manage the disposition of its aircraft in such a way as to be able to
reallocate aircraft to take the place of another aircraft in case the latter cannot carry the
passengers due to operational requirement, aircraft maintenance, and other similar situations.

SEC. 43. Immediate Reporting of Off-loaded Checked Baggage. ~ In case a checked
baggage has been off-loaded for operational, safety, or security reasons, the air carrier shall
inform the concerned passenger, at the soonest practicable time and in such manner that the
passenger shall readily know of such off-loading and the reason thereof. If the passenger's
baggage has been off-loaded, the air cartier shall make the appropriate report and gibe the
passenger a copy thereof, even if it announced that the baggage shall be on the next flight.

CHAPTER V
OBLIGATION OF THE CAAP, CAB AND AIRPORT OPERATORS

SEC. 44. Availability of Check-in Counters, — The CAAP, airport authorities or
airport operators, as the case may be, shall provide adequate number of check-in counters for
every air carrier operating in a particular airport.

They shall ensure that the number of check-in counters of an air carrier in a particular
airport shall ne proportionate to the volume of passengers who are checking-in for a
particular flight. In no case shall the queue exceed twenty (20) persons per check-in counter,

SEC. 45. Assignment of Technical Personnel in Airpor' The CAAP shall ensure
that every commercial airport is manned by technical personnel capable of verifying and
certifying reports of technical or infrastructure problems or other reasons leading to delays
and cancellations, The technical personnel concerned shall submit a periodic report of all
delays and cancellations and the corresponding reasons thereof to the CAAP Cathedral
Office.

SEC. 46, Complaints Desk ~ The CAB shall provide the necessary personnel t cater
the unresolved complaints of passenger in ever commercial airport. It shall be the duty of the
assigned personnel to report all complaints to the CAB at the earliest time possible, taking
into account the nature of the relief sought by the passenger.

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CHAPTER VI
REMEDIES AND GRIEVANCE PROCEDURES

SEC. 47. Amicable Settlement. — A passenger and air cartier shall exhaust all efforts
toward settling dispute amicable in accordance with the provisions set forth in this Act. If no
amicable settlement is reached, the government, through the CAB, may take cognizance of
the case.

CHAPTER VII
PENAL PROVISIONS

SEC. 48, Penalities. - Any violation of this Act shall be penalized in accordance with
the pertinent provisions of Republic Act No. 776 or the Civil Aeronautics Act of the
Philippines, Republic Act No. 7394 or the Consumer Act of the Philippines, Republic Act
No. 9442, Batas Pambansa Bilang 344 and Republic Act No, 9994, as the case may be.

Failure on the part of the air carrier to comply with any of the obligations stated in
this Act, upon the order of the CAB shall, after due hearing, be a ground for suspension of its
franchise or license to operate.

Grave and repetitive violations after the lifting of the suspensions of its franchise or
license to operate shall be a ground for revocation of such franchise or license to operate,

SEC. 49, Review of Penalties, - The CAB, in coordination and consultation with the
DOTC, Department of Trade and Industry (DTI) and CAAP shall, after three (3) years from
the effectivity of this Act and every three (3) years thereafter, review the applicability and
enforcement of all foregoing pecuniary penalties and initiate actions for amending or
upgrading the same as may be necessary in accordance with the law.

CHAPTER VIL
FINAL PROVISIONS,

SEC. 50, Implementing Rules and Regulations (IRR). ~ Within sixty (60) days from
the effectivity of this Act, the CAB shall, in coordination with the DOTC, DTI and CAAP,
and after consultation with accredited passenger organizations, air carriers and other directly
affected stakeholders, promulgate the necessary rules and regulations to effectively
implement the provisions of this Act.

SEC. 51, Congressional Oversight Committee. - A Congressional Oversight
Committee for Air Passenger Right is hereby constituted in accordance with the provisions of
this Act, The Committee shall be composed of the Chairman of the Senate Committee on
Public Services and the Chairman of the House Committee on Transportation and four (4)
additional members from each House to be designated by the Senate President and the
Speaker of the House of Representatives, respectively. The Committee shall, in aid of
legistation:

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(a) Monitor and ensure the proper implementation of this Act,

(b) Review the collection performance of the Authority; and

(c) Review the proper implementation of the programs of the Authority and the use of
its collected fund

In furtherance of these objectives, the Committee is empowered to require the DOTC,
DTI, CAAP and CAB, to submit all pertinent information, including complaints filed by the
passengers and the complaints resolved by the air carriers and the CAB

The Committee shall be in existence for a period of five (5) years, and thereafter, its
oversight functions shall be exercised by the Senate Committee on Public Services and the
House Committee on Transportation acting separately.

SEC. 52. Appropriations. ~ The Secretary of transportation and Communications shall
immediately include in the Department’s program the needed operational requirement in
upholding the cnumerated rights in this Act, the initial funding of which shall be charged
against the current appropriations for the CAB, Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual General
‘Appropriations Act.

SEC. 53. Separability Clause, ~ If, for any reason, any provision of this Act is
declared unconstitutional or invalid, such parts or portions not affected thereby shall remain
in full force and effect.

SEC. 54, Repealing Clause. — All laws, executive orders, presidential decrees,
issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly

SEC. $5. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,

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