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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

8667

HOUSE BILL NO.

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Air travel is one of the common and supposedly faster means of transportation in going
to other places. Being an archipelago, air transportation has become a vital means of
transportation to thousands of Filipinos who want to go around the country and abroad.

With the booming airline industry, competing companies have begun strategizing
promotions to boost their sales and income, But unfortunately, some of these so called
promotions have underlying charges that the consumers only get to know when they are
already paying for their tickets.

Not only that, overbooking has become a common occurrence, delay in flights scheduled
stretches from two (2) hours and above, incompetent personnel who cannot answer the
queries and needs of their affected passengers — all of these to the detriment of our poor
passengers.

It is the intention of this bill that once it is enacted into law, the protection of the rights
of our airline passengers would be guaranteed. They will be protected from abusive and
unscrupulous airline companies and ensure that they will be compensated for the trouble and
distress that they will go through.

The previous Congress has failed to pass this bill. It is the hope of the undersigned that
this bill will be given importance by the 17" Congress so that a law for the protection of air
passengers can finally be enacted.

Hence, the passage of this bill is earnestly sought.

TAMBUNTING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
s 32
HOUSE BILL NO. 366

Introduced by HON. GUS S. TAMBUNTING

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 I
GENERAL PROVISIONS

SECTION 1. Short Title, - This Act shall be known and cited as the “Air Passenger Bill
of Rights Act”.

SECTION 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
State 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
Jaws 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.

SECTION 3. Definition of Terms, — As used in this Act:
(a) Air Carrier refers to an airline 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 in 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 alr carrler 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. 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 cartier, 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 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 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 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 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;

(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;

(r) 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 physical, mental,
intellectual or sensory impairments, which, in interaction with various barriers, may hinder
their full and effective 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
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.

SECTION 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

SECTION 5. Applicability of International Laws and Pertinent Conventions. — In 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 IT
CONTRACT OF CARRIAGE BY AIR

SECTION 6. Contract of Air Carriage. — By the contract of air carriage, an air carrier
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 his baggage, if any, and when the passenger obliges oneself to
pay a just and reasonable air fare.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.


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

SECTION 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 III
RIGHTS AND OBLIGATIONS OF THE PASSENGERS

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

SECTION 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.

SECTION 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 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) 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.

SECTION 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. 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;

(f) 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

SECTION 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.


SECTION 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 proof includes government-issued
identification cards or school identification 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 recognized 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.

SECTION 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.

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

SECTION 20. Right to Rebook a Flight. - Every passenger who was fully and truthfully
informed that the ticket purchased is rebookable shall have the 13 right to rebook the flight in
accordance with the terms and conditions set forth in the rebooking policy.

SECTION 21. Right to be Processed for Check-in. - A passenger holding a confirmed
ticket, 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 CAB 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 flights
giving the passenger enough time to be processed for check-in. The air carrier shall, therefore,
and subject to infrastructure limitations, clearly designate the boundaries of its assigned check-


in areas or counters in a manner convenient to the passengers. 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 passengers, in that order, when there are still seats
available.

SECTION 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 and security of another passenger or crew during the voyage.

C. RIGHT AGAINST ANY ACT OF DISCRIMINATION AND VEXATION

SECTION 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, physical characteristics, mental characteristics,
sensory impairments, age, religion, marital status, political belief, and other circumstances. No
air carrier 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.

SECTION 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

SECTION 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 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

SECTION 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.

SECTION 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 carrier 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.

SECTION 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 case 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 29(a).
(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 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.
(©) 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 sufficient connecting time of at least three (3) hours for
international flights and two (2) hours for domestic flights: 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 carrier and the passenger is able to complete
his/her journey.

SECTION 29, Rights of a Passenger for Cancelled Flights or Flights Deemed Cancelled.
= Apassenger has a right to compensation in cases of flight cancellation subject to the following
rules:

(a) If a 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;
(il) 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

(ili) Transportation service between the airport and place of accommodation. In
addition, 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 orginal 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;
(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.

SECTION 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.

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.

SECTION 31. Filing-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.

SECTION 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 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.

SECTION 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.

SECTION 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 (P50,000.00), exclusive of other damages or injury the air
passenger has suffered.

CHAPTER IV
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS.

SECTION 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,

SECTION 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.

SECTION 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 its 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.

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,

SECTION 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 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;

(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 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.

SECTION 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 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 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.

SECTION 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.


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

SECTION 42. Operational Spare. - An air carrier 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.

SECTION 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 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.

SECTION 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 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.

SECTION 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.


SECTION 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
REMEDIES AND GRIEVANCE PROCEDURES

SECTION 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
case.

CHAPTER VII
PENAL PROVISIONS

SECTION 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.

SECTION 49. Review of Penalties. - The CAB, in coordination and consultation with the
Department of Transportation, 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 law.

CHAPTER VIII
FINAL PROVISIONS

SECTION 50. /mplementing Rules and Regulations (IRR). - Within sixty (60) days from
the effectivity of this Act, the CAB shall, in coordination with the Department of Transportation,
DTI and CAP, 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.

SECTION 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

(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
Department of Transportation, 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 55. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette and in a newspaper of general circulation.

Approved,