pays OF REPR
REPUBLIC OF THE PHILIPPINES aw regy
HOUSE OF REPRESENTATIVES REECER
Quezon City, Metro Mahila 7 JUL 2016
DATE:
SEVENTEETH CONGRESS yc,
First Regular Sessio ay

204

House Bill No. RAESISTRATION UNIT

5S.) INDEX SERVICE

Introduced by REP. CESAR V. S)

EXPLANATORY NOTE

Air transportation is imbued with public interest. "A common carrier is bound to
carry the passengers safely as far as human care and foresight can provide, using
the utmost diligence of very cautious persons, with a due regard for all the
circumstances.” (Article 1755, Civil Code)

This contract of carriage entered into between the airline and the passenger
creates specific obligations towards one another. Unfortunately, passengers are
often given the short end of the stick as there are common horror travel stories of
delayed flights, hidden fees, lost baggage, and poor service. Often the riding public
are often told to grin their teeth and bear these inconveniences.

There is great need for a legislative act that institutionalizes the rights of
airline passengers. This includes special provisions for Persons With Disabilities
(PWD) that will accommodate their conditions, These guarantees, such as the right
to full information, reasonable fare, safety, anti-discrimination, and redress, must be
given the full force of law.

This law specifically mandates our regulatory authorities such as the Civil
Aviation Authority of the Philippines (CAAP) and Civil Aeronautics Board (CAB) to
provide personnel that will collect, report, and address air transportation problems
and grievances. We must hold airlines accountable for their service to the riding
public.



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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No2U42

Introduced by Rep. Cesar V. Sarmiento

AN ACT
PROVIDING FOR A BILL OF RIGHTS OF AIR PASSENGERS

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

CHAPTER |
GENERAL PROVISIONS

Sec. 1. Short Title. — This Act shall be known and cited as the "Air Passenger
Bill of Rights Act.”

Sec. 2. Declaration of Policy. It is hereby declared that:

a) The State shall pursue a trade policy that serves the general welfare and
utilizes all forms and arrangements of exchange on the basis of equality and
reciprocity;

b) The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments;

©) The State adopts and implements a policy of full disclosure of all its
transactions involving public interest according to Article ll, Section 28 of the 1987
Philippine Constitution and that the right of the people to information on matters of
public concern shall be recognized;

d) The State and the airline industry are the duty bearers and the air
passengers are the right holders in this bill of rights and as such, the State and the
air carriers shall protect and fulfil these rights and shall refrain from interfering with
the enjoyment of such rights;

‘e) The State shall fulfil its obligation in taking positive actions to facilitate the
enjoyment of these rights;

f) The State has the duty to balance the interests of the airline industry that
delivers the services to the public and the public that it serves.

Sec. 3. Definition of Terms. - For the purpose of this Act, the term:

a) “Air Carrier” refers to a Philippine air carrier operating scheduled or non-
scheduled domestic and/or international flights to or from or serving a point within the
Philippines, or a foreign air carrier operating scheduled or non-scheduled
international flights from the Philippines.


b) “Baggage” refers to any personal property carried by the passenger which
has been checked-in with the air carrier, “Off-loaded Baggage" refers to checked
baggage that has either not been put in or been subsequently removed from the
cargo hold of the aircraft

¢) “Cancellation” refers to the act of calling off a flight. This shall include the
following instances:

1, Cancellation by the air carrier as provided under Section 10 hereof;

2. Cancellation by the air carrier after an unduly long delay;

3. Cancellation by the passenger or a situation deemed cancelled as
provided under this Act.

d) “Check-in Deadline" refers to the point in time before the published ETD
on or before which a passenger must present himself/herself to the air carrier at the
latter's check-in counter.

) “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.

f)_ “Confirmed Reserved Seat’ refers to a seat on a specific date and on a
specific flight and class of service of an air carrier, which has been requested by a
passenger, and which the air 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 carrlage of goods or persons by air, signed and ratified by the
Philippin

h) “Delay” refers 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 and before take-off.

i) "Denied Boarding" refers to a situation where a passenger, who holds a
confirmed reserved seat, and who has presented himself/herself for carriage at the
proper time and place and fully complied with the air carrier’s check-in and
reconfirmation procedures, and who is acceptable for carriage under the air carrier's
tariff, was not allowed to board the aircraft

j) “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, non-discounted, and generally offers the
advantage of cancelling, changing flight time or schedule, rerouting, rebooking, and
others, 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,
but not limited to, offers of “no frills" fare, wherein the non-essential features for
flights have been removed to keep the price low (i.e. free food, drinks onboard
flights), and discounted fares which require prior approval by the Civil Aeronautics
Board (CAB).

k) ‘General Sales Agent’ means a person not a bona fide employee of an air
carrier, who pursuant to an authority from the air carrier, by itself or through an agent,
sells or offers for sale any air transportation, or negotiates for, or holds himself out by
solicitation, advertisement or otherwise as one who sells, provides, furnishes,
contracts, or arranges for, such air transportation

1) “Government Requisition of Space” refers to a formal written 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/or emergency purposes. Such request

2


‘shall be submitted by the requesting agency to CAB who in turn shall make a formal
written 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,.

m) “Overbooking” refers to the generally accepted practice which is common
in the aviation industry whereby airlines are selling confirmed reserved seat beyond
the actual seat capacity of the aircraft.

n) “Passenger” refers to a person actually travelling by air. A person who is
named in the flight ticket, itinerary receipt, or any other equivalent document shall be
considered a passenger for the purpose of this Act

©) “Person with Disability” or "PWD" refers to those suffering from restriction
of different abilities, as a result of a mental, physical or sensory impairment, to
perform an activity in the manner or within the range considered normal for a human
being.

p) “Philippine air carrier’ means an air carrier who is a citizen of the
Philippines.

q) “Senior citizen” refers to any resident citizen of the Philippines at least
sixty (60) years old.

Sec. 4. Scope of Application. - This Act shall apply to all aspects of contract of
carriage for flights or portions of a flight, within the territory of the Philippines or from
the territory of the Philippines, operated by Philippine 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 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. Otherwise, this Act shall apply in full

Sec. 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 I
CONTRACT OF CARRIAGE BY AIR

Sec. 6. Contract of Air Carriage. ~ By the contract of air carriage, an air carrier
obliges itself to transport the person of the passenger or his 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 himself to pay a just and reasonable 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 give their respective
consent to the agreement.

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


Sec. 8. Diligence Required of the Carrier. ~ Air carriers, due to the nature of
their business 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 from the time that the passenger boards until the passenger disembarks
from the aircraft. 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 passenger, or loss, damage, or unreasonable deterioration of his
baggage, if any, the air carrier shall be presumed negligent, unless it proves that it
exerted extraordinary diligence to avert the same,

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

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

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

d) The character of the goods or defects in the packing or in the containers;
e) Order or act of competent public authority.

Sec, 10. Cancellation by an Air Carrier, - An air carrier may cancel a flight for
any of the following:

a) infrastructure limitation as certified by the Civil Aviation Authority of the
Philippines (CAP);

b) safety reasons due to a technical problem as certified by the CAAP;

¢) security reasons as declared by competent authority; or

d) during the occurrence of a fortuitous event.

The Passengers affected may avail the applicable remedies provided under
this Act.

Sec.11. Overbooking. — Consistent with the globally-recognized revenue-
management options of air carriers, overbooking shall be responsively, properly and
rationally practiced and done in utmost good faith. The CAB is hereby authorized to
set the ceiling for overbooking. All passengers that have been sold overbooked
tickets shall have the right to be informed that they are merely "Chance" passengers
for that particular flight.

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 Il
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. — \n addition to the
information enumerated under Section 15 hereof, every Passenger shall, before
purchasing any ticket for a contract of cartiage, have the right to the full access and
fair and clear disclosure of information, in English and in Filipino, from the air carrier
or general sales agents 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

©) 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 air carrier

h) Services and amenities provided by the air carrier

i) If the ticket purchased is part of the overbooked portion of that flight

j) 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 that may be sent to or
delivered by post or electronic mail to the Passenger upon his/her 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 passenger
and/or purchaser.

In case of online booking, the air carrier must establish a system wherein the
purchaser is fully apprised of the required disclosures under this Section prior to the
final submission of his/her online offer to purchase. The disclosure 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)

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)
d.(lba pang importanteng impormasyon ukol sa tiket)

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.

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

A notice indicating where more information on the route, fare, or promotion
may be found shall be included as part of the advertisement. The following
disclosures are required to be part of the airline advertisement in print medium:

a. Conditions and restrictions attached to the fare type;

b, Refund and rebooking policies;

c. Government taxes and fuel surcharges;

d, Other fees and charges;

e, Contact details of the air carrier which includes 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 his rights as passenger, 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, ~
Passengers shall have the right to reasonable fare and to receive the full value of the
services that they purchased, Air carriers shall not deny nor diminish any service
that the passenger has paid for. This right includes the convenience on the part of
the passenger during the flight

Sec. 17. Right to Refund. Every passenger holding a refundable airline ticket
shall have the right to the refund of unused tickets in accordance with the terms and
conditions of the refund policy of the air carrier less service charge. The refund
includes the amount paid for the optional fees offered by the air carrier, if any.

Sec. 18. Right to Cancel a Flight. - Every passenger has a right to cancel a
flight subject to the following conditions:

In case of refundable tickets, if the cancelation of the confirmed flight happens
more than twenty-four (24) hours before the ETD, the passenger shall be reimbursed
by the air carrier for an amount equivalent to seventy-five percent (75%) of the fare
and full reimbursement of the charges for ancillary services not availed of, including
but not limited to baggage fees and terminal fees.

If the passenger holding the refundable ticket cancels the confirmed flight less
than twenty-four (24) hours before the ETD or does not show up altogether, the ticket
shall be considered flown with the fare deemed forfeited unless the refund policy of
the air carrrier otherwise provides.


Sec. 19. Right to Rebook a Flight. Every passenger holding a rebookable
ticket shall have the right to rebook the flight in accordance with the terms and
conditions set forth in the rebooking policy of the air carrier, as approved by the CAB.

Sec. 20. Right to be Processed for Check-in. - A passenger holding a
confirmed ticket, whether promotional or regular, with complete documentary
requirements, and who has complied with the check-in procedures, shall be
processed accordingly at the check-in counter within the check-in deadline set by the
air carrier. For this purpose, the CAB shall therefore, consistent with global aviation
practice and subject to infrastructure limitations, 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, therefore, and subject to infrastructure limitations, shall 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, including those who are in
queue prior to the check-in deadline, for a particular flight have already checked-in
before accepting its passengers from previously delayed or cancelled flights followed
by the chance passengers in that order when there are still available seats.

Sec, 21, 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, but not limited to,
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

Sec, 22. 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, religion, marital status,
political belief, and other circumstances.

Sec. 23. Right to be Respected, - Passengers shall have the right to be
respected at all times by the air carrier. The employees and crews of the air carrier
shall serve the passengers with utmost courtesy and respect.

D. RIGHT TO SAFETY

Sec. 24 . Access to Emergency Measures, Medical Assistance, Safety
Devices and Essential Services. - Every Passenger has a right to have access and
to use emergency and safety devices, medical assistance, and proper application of
first aid procedures during emergency situations or when his or her 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

7


apply first aid procedures. The 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.

Every 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. 25 . Right to bring action, satisfaction or relief of @ wrong or injury. ~
Every passenger has a right 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. 26. 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 person, and loss or deterioration to his
baggage and property, as the case may be.

Sec. 27. 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 delay for at least three (3) hours after the ETD, and such
is attributable to the air carrier, a passenger shall have the right to:

1.Be notified via public announcement of the reason for the delay and
the estimated time of departure 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 or internet service
(e-mails), and 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
persons accompanying them, as well as to the needs of unaccompanied children;
and

4.Ask for refund or rebooking in accordance with Sections 17 and 19
hereof; or

5.Ask for endorsement to another air carrier subject to payment of
reasonable administrative charges.

In case the flight is delayed for at least six (6) hours after ETD for causes
attributable to the air carrier, the flight shall be deemed cancelled and the affected
passenger shall be entitled to the remedies provided under Section 28 (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 the passengers are not allowed to deplane. In case the delay exceeds
five (5) hours the Passenger may request disembarkation.

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 another air carrier, the passenger has allotted sufficient connecting time
of a 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
air carrier and the passenger is able to complete his journey.

Sec, 28. Rights of a Passenger for Cancelled Flights or Flights Deemed
Cancelled. — Every 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 thru text or email;

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;

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

ili. transportation service between the airport and place of
accommodation. In addition, passengers shall be offered free of
charge telephone calls, text or fax messages, or e-mails 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 persons accompanying them, as well
as to the needs of unaccompanied children; and

4, Be entitled to any of the following:

i. Refund the fare the passenger paid for the ticket. If the
payment is made in cash, the passenger shall be reimbursed
within five 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. If
payment is made through credit card, the reimbursement should
be credited back to the payor's credit card account within a
reasonable period based on the internationally accepted credit
card crediting system without additional cost to the passenger.
The passenger shall be reimbursed of the full cost of the ticket
at the price at which it was bought, subject to provisions of

9


Section 10 and Section 18 hereof, or

ii, 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

ili, Rebook the ticket without any additional charge. In the case of
‘a 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. Provided, that, in case of
connecting flights with another air carrier, the passenger has
allotted sufficient connecting time of a 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 air carrier and the
passenger is able to complete his journey.

(b) Incase the air carrier cancels the flight due to i) infrastructure limitation
as certified by CAAP; i) safety reasons due to a technical limitation; il)
security reasons; or iv) during the occurrence of a fortuitous event, a
passenger shall have the right to:

1, Rebook to a future flight, subject to the payment of the fare
difference, if any, and reasonable administrative costs approved by CAB; or

2. Reimbursement of the value of the fare, subject to the payment
of reasonable administrative costs approved by CAB; or

3. Endorsement to another air carrier upon payment of any fare
difference and be provided space and other circumstances that the
accommodation permits, at the option of the passenger.

Sec. 29. 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, but not limited to, immigration issues, safety,
security, and health concerns.

In a case where a passenger is denied boarding because the number of
volunteers is not met on occasion of 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) Ifthe denial of boarding the aircraft is by reason of overbooking or aircraft
downgrading, the passenger concemed shall be compensated in accordance with
the provisions of Section 28 (a);

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 CAAP, or legal order of other authorities, the passenger concerned
shall be entitled to refund, rebooking or endorsement to another air carrier subject to
payment of fare difference or any administrative charges as approved by CAB;

) If the denial of boarding the aircraft is due to government requisition of
space, the affected passenger shall be entitled to the remedies in the preceding

10


paragraph. The requesting agency shall reimburse the air carrier of the costs it
incurred in compensating affected passengers.

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.

See. 30. Priority in Filling-up of Empty Seats in the Air Carrier's Next Flight. ~
Before the vacant seats in a particular flight of the air carrier can be given to chance
passengers, the same shall be offered first to the bumped-off passengers of the air
cartier’s preceding flight or flights and thereafter to the air carrier's chance
passengers and to the bumped-off passengers endorsed by another air carrier.

Sec 31. Right to Compensation for Delayed, Lost, and Damaged Baggage. A
passenger shall have the right to have his/her baggage carried on the same flight
that such passenger takes, subject to considerations of safety, security, or any other
legal and valid cause.

a) 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 will readily know of the off-
loading (i.e. that his/her baggage has been off-loaded and the reason therefor). If the
passenger's baggage has been off-loaded, the air carrier should make the
appropriate report and give the passenger a copy thereof, even if it had already
announced that the baggage would be on the next flight.

The air carrier shall carry the off-loaded baggage in the next flight with
available space, and deliver the same to the passenger either personally or at his/her
residence. For every twenty-four (24) hours of delay in such delivery, the air carrier
shall tender an amount equivalent to the rates approved by the CAB that shall not be
less than Two Thousand Pesos (P2,000.00), as compensation for the inconvenience
the latter experienced. A fraction of a day shall be considered as one day for
purposes of calculating the compensation.

For the purposes of this section, the twenty four (24)-hour period shall
commence one (1) hour from the arrival of the original flight of the passenger.

b) Should such baggage, whether carried on the same or a later flight, be lost
or suffer any damage attributable to the air carrier, the passenger shall be
compensated in the following manner:

1) For international flights, the relevant convention shail apply.

2) For domestic flights, upon proof, a maximum amount equivalent to half of
the amount in the relevant convention (for international flights) in its
Philippine currency equivalent.

For compensation purposes, a passenger's baggage is presumed to have
been permanently and totally lost, if within a period of seven (7) days, counted from

uw


the time the passenger should have received the same, the baggage is not delivered
to the passenger or consignee.

Sec. 32. 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
under the contract of carriage or the provision of applicable convention, in its
Philippine currency equivalent, whichever is higher.

CHAPTER IV
RIGHTS, DUTIES AND OBLIGATIONS OF THE AIR CARRIERS

Sec. 33. Prevention of Harm to Passengers and Maintenance of Aircraft. -
The air carrier shall prevent harm and hazards 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. 34. 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. 36. Special Accomodation of PWDs, Persons with Special Needs, Senior
Citizens, Pregnant Women and Unaccompanied Children. - To ensure that 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;

©) 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 requiring 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 person 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, when airport facilities allow, air carriers shall designate at
least one (1) check-in counter dedicated to persons with disabilities (PWDs), senior
citizens, persons requiring special assistance, pregnant women, and unaccompanied
children between 7 and 15 years old.

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Sec. 36. 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, 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 compensation;

c) Provide the interested passengers or volunteers the options under Section
29 hereof, which shall always include priority booking in the next flight with available
space and/or cash incentive.

No flight shall be delayed pursuant to the settlement of the air carrier's
obligation under this Section

Sec, 37. Duly of the Air 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, the air carrier shall provide the necessary transportation for ferrying
the 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 certain a right of a passenger has been violated,
the applicable provisions of this Act shall govern the rules on remedies and
compensation.

Sec, 38. Provision of Assistance Desk. ~ Air carriers shall provide Customer
Service Representatives (CSR) who can address common problems on the spot
Which includes arranging for meals, hotel rooms and accommodation for stranded
passengers, arrange luggage resolutions, and settle other routine claims or
complaints.

Sec. 39. 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,

CHAPTER V
OBLIGATION OF THE CAAP, CAB AND AIRPORT OPERATORS

Sec. 40. 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.

Sec. 41. 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

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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

Sec. 42. 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

Sec. 43, Amicable Settlement. - The passenger and air carrier shall exhaust
all efforts toward settling their disputes amicably in accordance to the provisions set
forth in this Act. If no amicable settlement reached, the government, through the
CAB, may take cognizance of the case.

CHAPTER VI
PENAL PROVISIONS

Sec. 44, 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 shall, after due hearing, be a ground for suspension of
its license to operate.

Grave and repetitive violations after the lifting of the suspension license to
operate shall be a ground for revocation of such license to operate

Sec. 45. Review of Penalties. - The Department of Transportation,
Department of Trade and Industry (DTI), CAAP and the CAB shall, after three (3)
years from the effectivity of this Act and every three (3) years thereafter, review the
applicability and enforcement of the provision of this Act and shall initiate
amendment as may be necessary.

CHAPTER VII
FINAL PROVISIONS

Sec. 46. Implementing Rules and Regulations. - Within 90 days from the
effectivity of this Act, the DOTC, DTI, CAAP and the CAB, in consultation with
accredited passenger organizations shall, promulgate the necessary rules and
regulations to effectively implement the provisions of this Act.

Sec. 47. Congressional Oversight Committee. - A Congressional Oversight
Committee, hereinafter referred to as the "Committee", is hereby constituted. The
Committee shall be composed of the Chairman of the Senate Committee on Public
Services and Chairman of the House Committee on Transportation and four (4)
additional members from each House to be designated by the Senate President and

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the Speaker of the House of Representatives, respectively. The Committee shall
monitor and ensure the implementation of this Act. The Committee is also
empowered to require DOT, DTI, CAAP and CAB, to submit all pertinent information
including, but not limited to, complaints filed by the passengers and the complaints
resolved by the air carriers and the CAB.

The Congressional Oversight 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.

Sec. 48. Appropriations. - The Secretary of Transportation shall immediately
include in the Department's program the needed operational requirement in
upholding of 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.49. Separability Clause. - If for any reason any provision of this Act is
declared unconstitutional or invalid, such parts or portions not affected thereby
shall remain in full force and effect.

Sec. 50. Repealing Clause. - All laws, executive orders, presidential
decrees, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 51. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

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