Airline passengers well protected under the law

AFFECTED passengers of airline companies should be entitled to reimbursement for cancelled flights as stated under the Air Passenger Bill of Rights.

Section 11 Chapter 4 of the order also states that the passenger must be informed beforehand if his or her flight will be cancelled.

However, if the passenger is already at the airport at the time of announcement, a passenger must be provided with meals, hotel accommodation, transportation from the airport to the hotel and vice versa, free phone calls, text or e-mails, and first aid.

Fares, including taxes and surcharges, must also be reimbursed if the passenger decides not to fly the ticket or all the routes/sectors.

Further, passengers must be endorsed to another air carrier without paying any fare difference should the passenger wants to.

A passenger has also the right to rebook his ticket, without additional charge, to the next flight with available space or within 30 days but charges apply for rebooking made in more than 30 days.

Approved on December 10, 2012, the Department of Transportation and Communication (DOTC)-Department of Trade and Industry (DTI) Joint Administrative Order 1, series of 2012 provides the bill of rights for air passengers and carrier obligations.

The regulation applies to "all aspects of contracts of carriage for flights or portions of a flight into, from, and within the territory of the Philippines operated by Philippine air carriers, and flights or portions of a flight from the territory of the Philippines operated by foreign air carriers."

The administrative order states that the passenger has the right to full, fair, and clear disclosure of the service offered and all the terms and conditions of the contract of carriage; right to clear and non-misleading advertisements of, and important reminders regarding fares; and right against misleading and fraudulent sales promotion practices.

The passengers also have the right to receive the full value of service purchased. It includes right to transportation and baggage conveyance; right to be processed for check-in; and right to sufficient processing time.

Further, all passengers have the right to board aircraft for the purpose of flight; right to compensation and amenities in case of cancellation of flight; right to compensation and amenities in case of flight delay and exceptions; right to compensation for delayed, lost, and damaged baggage; right to compensation In case of death or bodily injury of a passenger; and right to immediate payment of compensation.

"All violations of this Joint Administrative Order shall be penalized in accordance with the pertinent provisions of the Civil Aeronautics Act of the Philippines, save for violations pertaining to Sections 5 and 6 which are governed by the relevant provisions of the Consumer Act of the Philippines, the implementing agency of which is DTI," the administrative order stated.

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