HOUSE OF REPRIZS
RE

ENTATIVE:
VED

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

150?

RESISTPATON UNIT
BILLS AND INDEX SERVI

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

Explanatory Note

‘The airline industry in the Philippines have continuously been growing and booming. Air
travel has become the preferred mode of transportation and is the most convenient way of
reaching far destinations. Being a common carrier, an air carrier has the obligation to
transport passengers to their destinations safely and in accordance to a professional conduct
of their business. However, with the surge of airline companies, airline passengers are also
faced with various problems every day. Among these problems are long queues in check-in
counters, delays and cancellation of flights, baggage loss and disappearance of reservations,
to name a few

In December 2012, the Department of Transportation and Communication and Department of
Trade and Industry issued a joint administrative order which provides for the “Bill of Rights
of Air Passengers and Airline Obligations”. The administrative order is supposedly to protect
consumers from poor airline services and deceptive practices. However, aitline passengers
continue to face the same problems as before. Furthermore, the administrative order has
insufficient penalties and sanctions to air carriers who would violate the stipulated rights of
airline passengers.

As stated in Article XVI. Section 9 of the 1987 Constitution, “The State shall protect
consumers from trade malpractice and from substandard or hazardous product.” However,
existing laws such as Republic Act 776, with its amendatory laws, Presidential Decree 1462,
and Civil Aeronautics regulations are no longer sufficient to protect air passenger rights. It is
imperative now to create legislations that are long-term and more comprehensive and would
be able to fulfill the mandate of protecting the rights of airline passengers.

‘This measure was filed by the Magdalo Party-List during the 16" Congress and was referred
to the Committee on Transportation. It was substituted by House Bill No. 6191 and was
approved on Third Reading on Oct. 9, 2015. However, on Nov. 24, 2015, approval on 2™ and
3" Reading was reconsidered and eventually, the measure was recommitted to the
Committee.

In view of the foregoing, approval of this bill eamestly requested.

|ANO.


REPUBLIC OF THE PHILIPPINE:
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
rst Regular Session

House Bill No, _ 150%

Introduced by MAGDALO Party-List Representative
__HON. GARY C. Al

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

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

1 CHAPTER |

2 GENERAL PROVISIONS

3

4 SECTION 1. Short Title. - This Act shall be known and cited as the “Air

5 Passenger Bill of Rights Act”

7 SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
8 State to promote the welfare of airline passengers and strengthen the regulatory
9 framework that will ensure safe, efficient, convenient and secure services to the

10 riding public in civil aviation. The State shall pursue a policy mandating full

11 disclosure of all aspects relating to the contract of air carriage. The State shall
12 adopt the generally-accepted principles of relevant international laws to which
13 the country is a signatory. Pursuant thereto, the State shall penalize any act of

14 air carriers which violates the rights of air passengers as defined under this Act

15
16 SEC. 3. Definition of Terms. - As used in this Act
v7 (a) Air Carrier refers to an airline providing transportation services in a

18 contract of air carriage

19 (b) Baggage refers to any personal property carried by the passenger which

20 has been checked-in with the airline. Off-loaded Baggage refers to checked

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baggage but has either not been put in or been subsequently removed from the
cargo hold of the carrier;
(c) Cancellation refers to the act of calling off a flight. This shall include the
following instances:
(1) 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;

(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 time 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 accepting and processing passengers checking in 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
Communications (DOTC). In other airports, the check-in period shall start 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 has verified, by appropriate
notation on the ticket, as being reserved for the 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

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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;

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

(k) Fare refers to the payment in consideration for the carriage of a
passenger but shall not include charges for ancillary services. Regular fare is
any fare that is offered on a regular basis, is nondiscounted, 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 fare that is generally lower than a regular fare and is offered for a
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;

(I) Free Tickets refer to tickets provided by carriers to passengers, tickets
available for free to employees, and tickets claimed based on mileage, which do
not have confirmed status, are subject to space availability, and do not qualify as
either 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 Space refers to a formal request by the
government or 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 submitted by the 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;


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

(p) Non-scheduled Services refer to an arrangement where an aircraft has

more flexibility in terms of time, schedules, routes, and choices of airports and

similar operational characteristics subject to the approval of the Civil Aviation
Authority of the Philippines (CAAP) each time;

(q) Overbooking refers to the practice by air carriers 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;

(1) Passenger refers to a person actually travelling by air. A person who is
named in the flight ticket shall be considered a passenger for the purpose of this
Act;

(s) Person with Disability or PWD refers to those who have long-term

phy

variou:

‘ical, mental, intellectual or sensory impairments, which, in interaction with

barriers, may hinder their full and effective participation in society on an
equal basis with others;

1) Philippine-based air carrier refers to an air cartier holding a
Certificate of Public Convenience and Necessity (CPCN) or a Temporary
Operating Permit (TOP) issued by the CAB 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 competitions which involve
determination of winner/s and which utilize mass media and widespread media
of information, It 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.


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SEC. 4, Scope of Application. - This Act shall apply to all aspects of
contract 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
Philippine-based air carriers, flights or portions of a flight from the territory of
the Philippines operated by foreign air carriers, as well as charter flights and
the conduct of individual ticketing: Provided, That the compensation
provisions of this Act shall not apply to air carriers flying into the territory of
the Philippines if the laws of the country of origin provide similar or higher

compensation.

SEC. 5. Applicability of International Laws and Pertinent
Conventions, - \n case of conflict between the provisions of this Act and the
provisions of any treaty or convention where the Philippines is a signatory, the
provisions of the latter shall prevail. Where the Philippines is not a signatory,
the provisions of any treaty or convention shall have suppletory effect in the
implementation of this Act insofar as the same are not contrary to the

provisions herein contained

CHAPTER II
CONTRACT OF CARRIAGE BY AIR

SEC. 6, Contract of Air Carriage. - By the contract of air carriage, an
air cartier obliges itself to transport 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 hi
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 said agreement. There is consent when the air carrier
issues a confirmation of airline ticket in favor of a passenger, who accepts and
holds it in his/her possession, with the corresponding full payment of the fare by

said passenger


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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 in 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 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 carrier may cancel a flight for any of the
following

(1) Infrastructure limitation as certified by the CAAP;

(2) Safety reasons due to a technical problem;

(3) Security reasons, or

(4) During the occurrence of a fortuitous event

The passengers affected may avail such applicable remedies provided under

this Act

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

carriers.


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

CHAPTER IIE
RIGHTS AND OBLIGATIONS OF THE PASSENGERS.
A. RIGHT TO FULL AND TRUTHFUL INFORMATION OF THE
CONDITIONS OF THE CONTRACT OF CARRIAGE

SEC. 13. Clear, Truthful, and Understandable Information. -In
addition to the 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;

(f) Air carrier’s liability limitations,
(g) Procedures for claims against the carrier;
(h) Services and amenities provided 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 passenger ticket, boarding pass, or incorporate such terms and
conditions of 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

7


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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 disclosures
shall be explained by the agent in a language that is easily understood by the
purchaser

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 prior 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) Refuund 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, Advertisements. - Advertisements 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


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

The following disclosures 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;

(©) Government taxes and fuel surcharges;

(d) Other fees and charges;

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

(6) 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 or office where the
passenger can read or ask the full terms and conditions of the fare and the air
passenger 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.

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 free of charge, subject to the
consent of the passenger

This right includes the convenience on the part of the passenger during

the flight


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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 show
competent proof that they are senior citizens, PWDs or students. Competent

zovernment-issued identification cards or school identification

proof includes
cards.

To avail of the discount, a student, at the time of the purchase of the
airline ticket, must be enrolled in preschool, elementary, secondary or
collegiate school or institution, whether academic, vocational or technical, duly

recog

ized by the government, For the purpose of this Act, it does not include

those taking up post-graduate courses like medicine, law and masteral 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 exempt from the
payment of the value-added tax.

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

For purposes 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
other 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 flight 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

charges for ancillary services not availed of including, but not limited to, baggage

fees and terminal fees.

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1 If the passenger cancels the confirmed flight twenty-four (24) hours or
2 less before the ETD, or does not show up altogether, the ticket shall be
3 considered flown; there shall be full reimbursement of the charges for ancillary

4 services not availed of including, but not limited to, baggage fees and terminal

5 fees.

6

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

10 rebooking policy
11

2 SEC. 21. Right to he Processed for Check-in. A passenger holding a
13° confirmed ticket, whether under a promotional or regular scheme, with

14 complete documentary requirements, and who has complied with the air

15 carrier's check-in procedures, shall be processed accordingly at the check-in
16 counter within the check-in deadline. For this purpose, the CAB. shall
17 consistent with global aviation practice, provide a uniform schedule of the
18 opening of check-in counters and check-in deadline for both local and

sed for

19 international flights giving the passenger enough time to be proc
20 check-in

21 The air carrier shall, therefore, and subject to infrastructure limitations,

22 clearly designate the boundaries of its assigned check-in areas or counters in a
23 manner convenient to the passengers.

24 The air carrier shall ensure that all its passengers for a particular flight

25 including those who are in queue prior to the check-in deadline have already

26 checked-in before accepting passengers from previously delayed or cancelled

27 flights, and chance passengers, in that order, when there are still seats

28 able
29
30 SEC. 22. Right to Board Aircraft for the Purpose of FI Except

31 when the passenger is at fault, or due to legal or valid causes such as
32. immigration issues, safety, security, and health concerns when there is a legal
33 or other valid cause, a passenger who has checked-in for a particular flight has
34 the right to board the aircraft for the purpose of flight. A passenger shall be

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considered at fault if such passenger is 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

C. RIGHT AGAINST ANY ACT OF DISCRIMINATION AND
VEXATION

SEC. 23. Right to Equal Protection, - Every passenger is entitled to
all the rights set forth in this Act and in all aspects of the contract of carriage
regardless of race, sex, gender, education, income, social status, language,

ysical characteristics, mental characteristics, sensory impairments, age,

ph
religion, marital status, political belief, and other circumstances. No air cartier
shall deny a passenger from enjoying the rights 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 passengers 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.

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 assistance, and proper
application of first aid procedures during emergency situations or when the
passenger’s health requires it. Air carriers shall train flight personnel and
crews 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 carrier shall always inform its passengers of emergency
measures in cases 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

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constitutes a risk 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.

E. RIGHT TO REDRESS AND COMPENSATION

SEC, 26. Right to Bring Action, Satisfaction or Relief of a 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 contract of carriage 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 to one’s baggage and property, as the case may be
Compensation under this Act does not preclude the passengers to seek redress
in a court 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 c

rier liable for any of the required compensations 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, or 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 said period, unless the non-
payment is prevented by a legal cause

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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 this section shall be the
minimum entitlement of a passenger in 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 this information is available;

(2) Be provided a minimum level of care immediately, on the spot at

terminals/stations while waiting for the beginning or the continuation of the
delayed journey;
(3) Be offered free of charge: (i) sufficient meals and refreshments in a

reasonable relation to the waiting time; (ii) free phone calls, text messaging

fax, emails, or other means of communications; (iii) free internet access; and (iv)

First aid, if necessary. In applying this section, the operating air carrier

shall pay particular attention to the needs of persons with reduced mobility and
any person accompanying them, as well as to the needs of unaccompanied
children; and

(4) Declare that he/she is cancelling his/her reservation and ask for refund or
rebooking in accordance with Sections 18 and 20 hereof; or ask for endorsement
to another carrier.

In

e the flight is delayed for at least three (3) hours after ETD for
causes attributable to the carrier, the flight shall be deemed cancelled and the
affected passenger shall be entitled to the remedies provided under Section
29a).

(b) Tarmac Delay

Every passenger shall likewise have the right to adequate food and
beverage in cases 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

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with the doors still open but passengers are not allowed to deplane. In case the
delay exceeds three (3) hours, the passenger may request disembarkation

(c) 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 passengers free food and
beverages

If the said delay is due to the air carrier’s 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 at 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 carrier, the passenger has allotted
suffi

and two (2) hours for domestic flights: Provided, further, That the passenger

nt connecting time of at least three (3) hours for international flights

shall not be entitled to the compensation of the value of the sector deemed
cancelled, if the passenger is endorsed to another carrier and the passenger is

able to complete his/her journey

SEC. 29. Rights of a Passenger for Cancelled Flights or Flights
Deemed Cancelled. - A passenger has a right to compensation in cases of flight
cancellation subject to the following rules:

(a) Ifa flight is cancelled due to a cause attributable to air carrier, 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 service either
through text or electronic mail;

(2) Be provided a minimum level of care immediately, on the spot at
terminals/stations,

(3) Be offered free of charge

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

time;

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(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 adc

ion, passengers shall be offered free phone calls, text
messaging, fax, emails, or other means of communications, free internet
access, and first aid, if necessary. In applying this provision, the air carrier
shall pay particular attention to the needs of persons with reduced mobility and
any person accompanying them, as well as to 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, by electronic bank transfer,
bank orders or bank cheques or with the signed agreement of the passenger, in
travel vouchers 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 should 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 charge

In the case of multi-sector journey, 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 cancellation

(b) In case the carrier cancels the flight because of force majeure,
safety, and/or security reasons 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
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(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 causes 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 or 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
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 justifiable
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
charges when applicable;

(©) If the denial of boarding the aircraft is due to government
requisition of space, the affected passenger shall be compensated and 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.

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Provided, That no passenger shall be denied boarding for two (2) consecutive
times on the same day, except when public safety, order, health or moral requires
Provided, further, That PWDs, 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 passenger and no shows shall be offered by the air carrier,
first to the passengers of delayed or cancelled flights of the same air carrier or of
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.

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 pesos 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 provisions 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 been off-loaded and the reason thereof. If the
passenger’s baggage has been off-loaded, the air carrier shall make the appropriate

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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 passenger 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 international flights, item (i) under

this paragraph shall apply

SEC. 33, Compensation for Death and Bodily Injuries, -

(a) 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

(b) For domestic flights, the passenger shall be entitled to the compensation
subject to the provisions of the contract of carriage or the compensation as
provided in the provisions of the relevant convention, in its Philippine currency

equivalent, whichever is higher.

SEC. 34, Compensation for Violation of Airline Passenger Rights.
~ In case the air carrier violates the rights of air passengers, the former shall
pay the latter damages amounting to at least fifty thousand pesos (PSO, 000.00),

exclusive of other damages or injury the air passenger has suffered.

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CHAPTER IV
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS

SEC. 35. Prevention of Harm to Passengers and Maintenance of

Aircrafts. - An air carrier shall prevent harm 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
actively 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 regard 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-in of passengers at least an

hour before the published ETD.

SEC. 37. Special Accommodation of PWDs, Persons with Special
Needs, Senior Citizens, Pregnant Women and Unaccompanied Children. -
To ensure the full enjoyment of the rights enumerated under this Act, the
provisions of the following laws and their implementing rules and regulations,
whenever applicable, shall form part of this Act as far as the passengers in this
section are concerned

(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

it’s implementing rules and regulations

The contract of air carriage shall clearly enumerate the necessary terms
and conditions affecting the rights of PWDs, senior citizens, persons with special

needs, pregnant women and unaccompanied children

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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

For this purpose, air carriers shall designate at least one (1) check-in
counter dedicated to persons with disabilities (PWDs), senior citizens, persons
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. - \f a certain flight has more
ticketed passengers than the 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 CAAP, the
air carrier shall perform the following,

(a) Determine the number of passengers 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;

of amenities and

(c) Provide the interested passengers or volunteers a lis
offers from which they can choose, which shall always include priority
booking in the next available flight and/or cash incentive; and
(d) In cases 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

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

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transportation to 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 devi

n, 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

complaint

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

(b) Submit the forms to the CSR and get acknowledgment receipt. Give

one (1) copy to the CSR for processing,

(c) Give the other copy at the Complaints and Assistance Desk (CAD) of

CAB or CAB-deputized personnel at the airport and attach the report form

from the air carrier on the report form from the CAB

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

(e) Get resolution slip from the air carrier’s CSR and attach it on 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

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SEC. 42. Operational Spare, - An air carrier shall, in adopting its flight
schedules, exert all efforts to manage the disposition of its aireraft in such a way
as to be able to reallocate aircraft to take the place of another aircraft in case the
latter cannot cary the passengers due to operational requirement, aircraft

maintenance, and other similar situations,

SEC. 43. Immediate Reporting of Off-loaded Checked Baggage, - \n
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 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

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 @ particular airport shall be 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 Airports. - 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 Central
Office.

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SEC. 46. Complaints Desk. - The CAB shall provide the necessary
personnel to cater the unresolved complaints of passenger in every 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

CHAPTER VI
MEDIES AND GRIEVANCE PROCEDURES

SEC. 47. Amicable Settlement. - A passenger and air carrier shall exhaust
all efforts toward settling dispute amicably 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

APTER VII
PENAL PROVISIONS

SEC. 48. Penalties. - 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 suspension 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

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penalties and initiate actions for amending or upgrading the same as may be

necessary in accordance with law

CHAPTER VIII
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

SE

51. Congressional Oversight Committee. - A Congressional
Oversight Committee for Air Passenger Rights 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
legislation

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

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

(©) 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

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SEC. 52. Appropriations, - The Secretary of Transportation and
Communications shall immediately include in the Department's program the
needed operational requirement in upholding the enumerated 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.

SI

C. 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

si

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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