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

TWENTIETH CONGRESS
FIRST REGULAR SESSION

House Bill No. 393

INTRODUCED BY Rep. ZIAUR-RAHMAN ALONTO ADIONG

EXPLANATORY NOTE

Air travel plays an important and indispensable role In the continued
progress of our great nation. As an archipelago we are a people divided by
oceans and we overcome this great hurdle by way of air travel.

‘Over the years, news reports have shown the various predicaments that air passengers
in the Philippines experience. They have faced delays, cancellations, lost and damaged
baggage, and overbooking. Such events not only create frustration for our alr passengers but
also In loss of money, opportunities, and time.

This bill sets out a range of protections for air passengers, including measures to address
flight cancellations, delays, lost or damaged baggage, and overbooking. These protections
are critical because air travel has become an integral part of our lives, and it must be ensured
that passengers are treated fairly and have access to essential services.

Under the Bill of Rights for Air Passengers, airlines must provide passengers with clear and
concise information about flight schedules, delays, and cancellations. This information must
be communicated In a timely manner and in a way that is easy to understand. Airlines must
also provide compensation for flight delays and cancellations that are within their control, and
must offer alternate flights or refunds in the event of significant delays or cancellations.

The Bill of Rights for Air Passengers also Includes provisions to protect passengers from being
denied boarding due to overbooking. In the event of an overbooking situation, airlines must
provide compensation to passengers who are involuntarily bumped from a flight, and must
provide alternate flights or refunds where appropriate.

This bill also addresses the Issue of lost or damaged baggage, requiring airlines to provide
adequate compensation to passengers who experience these Issues. Additionally, airlines
must provide passengers with clear Information about their rights and options in the event of
lost or damaged baggage, and must work to resolve these Issues in a timely and efficient
manner.

Overall, the Bill of Rights for Air Passengers Is a critical piece of legislation that seeks to
protect the rights of air travelers and ensure that they are treated fairly and with respect, and
can travel with greater confidence and security.

‘As such, the approval of this bill is earnestly sought.

REP. ZI.
1 Distril

MAN ALONTO ADIONG
, Lanao del Sur


©

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

TWENTIETH CONGRESS
FIRST REGULAR SESSION

House Bill No, 393_

INTRODUCED BY Rep. ZIAUR-RAHMAN ALONTO ADIONG

AN ACT
PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS, PENALIZING
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

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 as the Bill of Rights for Air
Passengers Act.

Section 2. Declaration of Policy. The State is committed to promoting and
strengthening the regulatory framework in civil aviation to ensure safe, efficient,
convenient, and secure services for the riding public. As part of this commitment, the
State will mandate full disclosure of all aspects related to air carriage contracts and
penalize any act of air carriers that violates the rights of air passengers defined under
the Act.

Moreover, the State will adopt universally accepted principles of international
laws and fulfill its commitments to treaties to which the country is a signatory. By
doing so, the State aims to provide a seamless and satisfactory travel experience for
air passengers, while holding air carriers accountable for any wrongdoing.

Section 3. Definition of Terms. As used in this Act:
a. Air Carrier refers to an airline company which provides transportation
services under a contract of carriage via airplanes and other similar
means;


i.

. Baggage refers to any personal property carried by the passenger which

has been checked in with the airline;

. Off-loaded Baggage refers to checked baggage that has either not been

put in or been subsequently removed from the cargo hold or other
similar storage spaces of the air carrier,

. Cancellation refers to the act of revoking the contract of carriage

between the passenger and the air carrier. This includes the following
instances:

i, Cancellation by the air carrier before the estimated time of
departure (ETD) regardless if the reason was by fault of the
carrier or not.

ii. Cancellation by the air carrier after an unduly long delay; and,

iii. Cancellation by the passenger or a situation deemed cancelled as

provided under this Act.

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 usually starts at least two (2) to three (3) hours
prior to the ETD in international airports and in airports designated by
the Department of Transportation (DOTr). In other airports, the check-
in period starts at least one (1) hour prior to the ETD;

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 carrier or its agent has
verified, by appropriate notation on the ticket, as being reserved for the
accommodation of the passenger;

- Convention refers to the applicable international agreement,

convention, or treaty on carriage of goods or persons by air;

. Delay refers to the deferment of a flight to a later time that that

originally scheduled.
i. Terminal delay is a delay that occurs while the passengers are
still inside the terminal waiting for boarding; and,
i, Tarmac delay is a delay that occurs while the passengers are
already on board the aircraft.
Denied Boarding refers to a situation where a passenger who has a
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
presented travel documents to an air carrier's check-in counter, has
checked-in online or through the check-in kiosks located inside the
airport 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.

i. 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 without such fee or penalty.

ii. Promotional fare is any fare that is generally lower than a regular
fare and is offered for a specific period subject to stipulations for
such promotion;

|. 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 refers to a person who is not a bona fide 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 Civil Aviation Board (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. Qverbooking refers to the practice of air carriers of selling confirmed
reserved seat beyond the actual seat capacity of the aircraft. This shall
include a situation wherein an aircraft carrier downgrades an aircraft
resulting in the bumping off of passengers that is not grounded on safety
or unforeseen operational circumstances.

r. Passenger refers to a person actually traveling 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 Disabili PWD) refers to those who have a long-term
physical, mental, intellectual, or sensory impairments, which, in
interaction with various barriers, may hinder their full and effective
participation in society or 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 2 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 a promise of gain, such as prizes, in cash or
in kind, as reward for the purchase of a product, security, service, or for
winning in a contest, game, tournament, and/or 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 the
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-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 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 of these selfsame provisions...

CHAPTER II
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 their baggage, if any, from one
place to another, through the airspace, without any damage or injury upon the latter's
person, or loss, damage, or unreasonable deterioration of their baggage, if any, and
the passenger obliges themself to pay a just and reasonable airfare.

Section 7. Perfection of the Contract of Air Carriage. The contract of air
carriage is perfected from the moment the air carrier and the passenger give their
respective consent to the said agreement. There is consent when the air carrier Issues
a confirmation of the airline ticket in favor of a passenger, who accepts and holds it
in their possession, with the corresponding full payment of the fare by the said
passenger.

Section 8. Diligence Required. Air Carriers, due to the nature of air
transportation, being imbued with public 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 their
baggage, if any, the air carrier shall be presumed negligent, untess 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, 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 a 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 on any of the
following grounds:
a) Infrastructure limitations as certified by the CAP;
b) Safety reasons due to a technical problem;
©) Security reasons; or,
d) During the occurrence of a fortuitous event.

The passengers affected may avail of all remedies applicable to them as
provided by this Act.

Section 11. Overbooking. All Air Carriers are prohibited from the act of
overbooking their flights for whatever reason.

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 IL
RIGHTS AND OBLIGATIONS OF THE PASSENGERS

Section 13. Clear, Truthful and Understandable Information. In addition
to the information enumerated in Section 15 of this Act, every passenger shall, before
purchase of any ticket, have the right to full, fair, and clear disclosure of information,
in English or Filipino, from an air carriage or general sales agent on the following
terms and conditions in the contract of carriage:

a. Fare and other fees and ancillary charges (such as but not limited to taxes,
insurance, fuel surcharge, seat reservation, etc.) ;
. Travel restrictions;
. Baggage allowance and limitations;
. check-in and boarding requirements and deadlines;

pangs

. Air carrier's responsibilities and passenger’s rights and compensation for
delayed and canceled flights, and for death and injuries and lost, delayed or
damaged baggage;

Air carrier's liability limitations;
. Procedures for claims against the carrier;

som

. 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 by clearly stating the complete terms and
conditions of carriage 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.

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.

Section 15. Advertisements. Advertisements of fares shall be clear, truthful,
and not misleading and shall capacitate the passenger to make an informed decision
such that the passenger fully understands the consequences of purchasing such a
ticket.

The advertisement of the promotional fares shall be subject to approval by
the CAB.

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

a. Conditions and restrictions attached to the fare type;
. refund and rebooking policies;
. government taxes and fuel surcharges;
. other fees and charges;

eanos

. 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
conditions and full price of the ticket which may include incorporation
by the 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.

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.

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, persons concerned are required to show competent
proof that they belong to the above categories. Competent proof includes
government issued identification cards or school identification cards.

To avail of this discount, a student, at the time of the purchase of the airline
ticket, must be enrolled in a preschool, elementary, secondary, or collegiate school
or institution, whether academic, vocational, or technical, duly-recognized by the
government. For the purpose of this Act, those taking up post-graduate courses such
as medicine, law, master’s and doctorate degrees as well as short term courses,
classes, and seminars such as dancing, singing, and driving lessons are excluded.

Qualified senior citizens, PWDs, and students are likewise exempt from
payment of Value-Added Tax.

Where the air carrier offers a promotional fare, the fare that is more beneficial
between the discounted and promotional fare shall be given to the passenger. For
the purposes of taxation, the discounts herein imposed shail be allowed as deductions
‘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 may be
entitled to seventy-five percent (75%) of the cost of the ticket excluding charges for
ancillary services, with the remaining twenty-five percent (25%) to be retained as a
cancellation fee. There shall be full reimbursement of such charges for ancillary
services not availed of, such as 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,
such as baggage fees and terminal fees.


Section 20. Right to Rebook a Flight. Every passenger who was informed
that the ticket purchased can be rebooked shall have the right to rebook the flight in
accordance with the terms and conditions set forth under the airline's rebooking
policy.

Section 21. Right to be Processed for Check-
confirmed ticket, whether under a promotional or regular scheme, with complete

A passenger holding a

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 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 canceled flights, and chance
passengers, in that order, when there are still seats available.

Section 22. Right Against Overbooking. No passenger shall be denied
boarding, rebooked, or delayed due to overbooking of his confirmed flight under any
circumstances.

Section 23. 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 valid cause, 2
passenger who has check-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
acts in violation of a law or the contract of air carriage affecting the safety and
security of another passenger or crew during the voyage.

Section 24. Right of 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 any 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 25. 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.

Section 26. Access to Emergency Measures, Medical Assistance, Safety
Devices and Essential Services. A passenger has a right to have access to and 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 consideration of the passenger's condition, 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.

Section 27. 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 during the effectivity
of the contract of carriage under this Act and applicable treaties and conventions.

Section 28. Right to Immediate Payment and 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 of one’s baggage and property, or for overbooking 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 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 such right to compensation arose, or at the
main office or any branch of the air carrier upon 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 29. 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 resources.

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:

i. be notified via public announcement of the reason for the delay and the
ETD as soon as the information is available.

ii. 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;

ili, be offered the following free of charge;

1. sufficient meals and refreshments in a reasonable relation to the
waiting time;

2. free phone calls, text messaging, fax, emails, or other means of
communications;

3. free internet access; and,

4. first aid, when 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,

iv. Declare that they are canceling their 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 canceled 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.

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

If the said delay is due to the air carrier’s negligence, it shall be liable to pay
damages to the air passenger amounting to ten thousand pesos (P10,000.00) or the
actual damages suffered, whichever is higher. In the case of a multi-sector journey
where the air carrier is at fault, in addition to the rights and entitlements stated under
this section, a passenger shall be entitled, to an additional compensation at a rate
which is equivalent to at least the value of the sector canceled 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 compensation of the value of the sector deemed canceled, if the
passenger is endorsed to another carrier and the passenger is able to complete their
journey.

Section 30. Rights of a Passenger for Canceled flights or flights
Deemed Canceled. A passenger has a right to compensation in cases of flight
cancellation subject to the following rules:

a. Ifa flight is canceled due to a cause attributable to air carrier, a passenger
shall have the right to:

i. Be notified beforehand as soon as possible of the situation via public
announcement, written/published notice, and flight status update
service either through text or electronic mail;

ii. Be provided a minimum level of care immediately, on the spot at
terminals/stations;

iii. Be offered free of charge;

1. sufficient meals and refreshments in a reasonable relation to the
waiting time;

2. hotel accommodation near the airport in cases where a stay of
‘one (1) or more nights becomes necessary, or where a stay


vi.

additional to that intended by the passenger becomes necessary;
and,

3. Transportation service between the airport 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;

Subject to the provisions of Sections 10 and 19 hereof, be reimbursed
within five (5) days, either bay 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 passengers original travel plan,
together with, when relevant, a return flight to the first point of
departure, at the earliest opportunity. If payment is made through credit
card, the reimbursement should be credited back to the payor’s credit
card account within seven (7) days without additional cost to the
passenger;

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,

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 canceled due to 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:

Rebook the trip to another trip in the future, subject to the payment of
the fare difference, if any;

Reimbursement of the value of the fare;

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 resources as it may deem appropriate.

Section 31. 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 and security, and
health concerns. In case where a passenger is denied boarding because the number
of passengers is not due to overbooking, government, government requisition of
space, downgrading of an aircraft or legal orders, the flight in respect to the affected
passenger shall be deemed canceled 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 CAP or legal order of other 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;

c. 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 remedies
in the preceding paragraph with the cost chargeable against the air carrier
subject to reimbursement by the requesting agency if allowed; and,

In cases 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 for
under this Act. Provided, that no passenger shall be denied boarding for two (2)
consecutive times on the same day, except when public morals, safety, order, or
health requires it; provided further, that PWD's, persons with special needs, senior
citizens, pregnant women, and unaccompanied children shall be given preference
against being denied boarding.

Section 32. Filling-up 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 canceled flights of the same air carrier of another air carrier, through


endorsement between the two (2) air carriers. Afterwards, any remaining empty
seats are to be offered to chance passengers.

Section 33. Loss, Damage, and Delay of Baggage. Every passenger has
the 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.

a. For international flights, twenty United States dollars (USD 20) per kilogram
for checked-in baggage and four hundred dollars (USD 400) for hand-carried
baggage.

b. 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 the said passenger or consignee

Once the baggage is declared to be permanently lost in the case of domestic flights,
the provisions set in the contract of carriage shall apply in the valuation of the 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, if
possible immediately upon the occurrence thereof, and in such manner that the
passenger shall readily know of the off-loading that his/her baggage has been
offloaded 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 two-thousand pesos (P2,000.00) for every twenty-four (24)
hours 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 the flight.

Air carriers are liable for provable consequential damages up to the amount of their
liability limit in connection with 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 five hundred pesos (P500.00) per
kilogram if it is in a domestic flight unless the passenger has declared a higher
valuation of the baggage at the check-in time. For international flights, item (a) under
this paragraph shall apply.

Section 34. Compensation for Death and Bodily Injuries.

a. In the case of international flights, the rules of the relevant convention shall
apply as to the 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 35. Compensation for Violation of Airline Passenger Rights. In
case the air carrier violates the rights of the 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 CARRIER

Section 36. Prevention of Harm to the Passengers and Maintenance of
Aircraft. 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 37. Designation of an “All-Flight” or “Per Route” Counters. Air
carriers may operate all-flight counties 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 38, Special Accommodation of PWD‘s, 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 Big. 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 PWD’s, senior citizens, persons with special needs,
pregnant women, and unaccompanied children 15 years old and younger.

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 these groups 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 the persons mentioned
above.

Section 39. 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 reasons as certified by the CAP, 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 case the number of volunteers is not enough, the air carrier shal! 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 40. 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, the air carrier shall provide the necessary transformation to ferry a


passenger from the originally-designated airport of the 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 avaiiment and grant of remedies
and compensation.

Section 41. 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 accommodations for
stranded passengers, writing checks for denied boarding compensation, arranging
luggage resolutions and settling other routine claims and 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 42. Remedies of the Passenger. 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 an acknowledgement receipt. Give one
(1) copy to the CSR for processing.

c. Give the other copy to the Complaints and Assistance Desk (CAD) of CAB at
the airport and attach the report form from the air carrier on the report form
from the CAB.

d. Get acknowledgement 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 the case is not resolved, go to the CAB-CAD and report such an incident
together with documents and other evidence to support the claim.

Section 43. 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 44. 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
offloading 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
OBLIGATIONS OF THE CAP, CAB, AND AIRPORT OPERATORS

Section 45. Availability of Check-in Counters. The CAAP, airport
authorities or airport operators, as the case may be, shall provide an 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 46. Assignment of Technical Personnel in Airports. The CAAP
shall ensure that every commercial airport is manned by technical personne! 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 CAP Central Office.

Section 47. Complaints Desk. The CAB shail provide the necessary
personnel to cater the unresolved complaints of passengers In every commercial
airport. It shall be the duty of the assigned personnel to report all complaints to the
CAB at the earliest possible time, taking into account the nature of the relief sought
by the passenger.

CHAPTER VI
REMEDIES AND GRIEVANCE PROCEDURES

Section 48. Amicable Settlement. A passenger and air carrier shall exhaust
all efforts toward settling the 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 49. Penalties. Any violation of this Act shall be penalized in
accordance with the 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 or the Magna Carta for Disabled Persons, as amended, Batas
Pambansa Big. 344 or the Accessibility Law, Republic Act No. 9994 or the Expanded
Senior Citizen’s Act, or any other relevant laws, rules, and regulations applicable, 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 the
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 50. Review of Penalties. The CAB, in coordination and consultation
with the DOTr, 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 51. Implementing Rules and Regulations. Within sixty (60) days
from the effectivity of this Act, the CAB shall, in coordination with the DOTr, DTI, and
CAAP, and after consultation with accredited passengers organizations, air carriers,
and other directly affected stakeholders, promulgate the necessary rules and
regulations to effectively implement the provisions of this Act.

Section 52. 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 DOTr,
DTI, CAP, 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 53. Appropriations. The Secretary of Transportation 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 54. 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 55. 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 56. Effectivity Clause. This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,