DOTC-DTI Joint Administrative Order No. 1, s. 2012 — Air Passenger Bill of Rights

SECTION 11. Right to Compensation and Amenities in Case of Cancellation of Flight. In case of cancellation of flights, the following shall be observed:

11.1 In case of flight cancellation attributable to the carrier, a passenger shall have the right to: (a) Be notified beforehand via public announcement, written/published notice and flight status update service (text); (b) Be provided with the following, if he/she is already at the airport at the time of the announcement of the flight cancellation: sufficient refreshments or meals (e.g. snacks consisting of at least a bottle of water and a sandwich, or breakfast, lunch, or dinner, or a voucher for the same); hotel accommodation (conveniently accessible from the airport); transportation from the airport to the hotel, v.v.; free phone calls, text or e-mails, and first aid, if necessary; and (c) Reimbursement of the value of the fare, including taxes and surcharges, of the sector cancelled, or both/all sectors, in case the passenger decides not to fly the ticket or all the routes/sectors; or (d) 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 (e) Rebook the ticket, without additional charge, to the next flight with available space, or, within thirty (30) days, to a future trip within the period of validity of the ticket. However, for rebooking made in excess of the aforementioned thirty (30) days for a trip likewise within the validity of the ticket, fees and/or fare difference shall apply.

Provided, that in case a carrier cancels a flight at least twenty-four (24) hours before the ETD, it shall not be liable for the foregoing amenities, except, it shall be obliged to notify the passenger, and, in accordance with the preceding provisions, to rebook or reimburse the passenger, at the option of the latter.

11.2 In case the air carrier cancels the flight because of force majeure, safety and/or security reasons, as certified by the Civil Aviation Authority of the Philippines, a passenger shall have the right to be reimbursed for the full value of the fare.

11.3 The provisions of this Section shall be the minimum entitlement of a passenger in case of cancellation, and shall not prohibit the air carrier from granting more favourable conditions or recourses, as it may deem appropriate.

SECTION 12. Right to Compensation and Amenities in Case of Flight Delay and Exceptions Thereto.

12.1 In case of Terminal Delay of at least three (3) hours after the ETD, whether or not such is attributable to the carrier, a passenger shall have the right to: (a) Be provided with refreshments or meals (sufficient snacks, breakfast, lunch, or dinner, as the case may be), free phone calls, text or e-mails, and first aid, if necessary; and (b) Rebook or refund his/her ticket in accordance with the preceding Section or be endorsed to another carrier, in accordance with the preceding Section.

12.2 In case such Terminal Delay extends to at least six (6) hours after the ETD for causes attributable to the carrier, it shall be deemed cancelled for the purpose of making available to the passenger the rights and amenities required to be provided in case of actual cancellation, as provided for in Section 11.1; and in addition, an affected passenger shall be given the following: (a) Additional compensation equivalent to at least the value of the sector delayed or deemed cancelled to be paid in the form of cash or voucher, at the discretion of the air carrier; and (b) The right to board the flight if it takes place more than six (6) hours after the ETD and the affected passenger has not opted to rebook and/or refund. For this purpose, the air carrier is obliged to exert all efforts to contact the passenger for the flight.

12.3 A passenger shall likewise have the right to be provided with sufficient food and beverage, in cases of Tarmac Delay of at least two (2) hours after the ETD, reckoned from the closing of the aircraft doors, or when the aircraft is at the gate with the doors still open but passengers are not allowed to deplane.

12.4 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 favourable conditions or recourses, as it may deem appropriate.

SECTION 14. 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.

14.1 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 … 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 of Two Thousand Pesos (Php2,000.00) to the passenger, 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 flight of the passenger carrying such baggage.

SECTION 10. Right to Board Aircraft for the Purpose of Flight. A passenger checked in for a particular flight has the right to board the aircraft for the purpose of flight, except when there is legal or other valid cause … 10.1 While it is an accepted practice for an air carrier to overbook its flights, any expense, consequence, or inconvenience caused to affected passengers must be borne by the air carrier … (c) The air carrier shall provide the interested passengers or volunteers a list of amenities and offers, which they can choose from, which list of amenities shall always include the option to be given priority booking in the next flight with available space or to be endorsed to another air carrier upon payment of any fare difference … and/or a cash incentive. (d) In case the number of volunteers is not enough to resolve the overbooking, the air carrier shall increase the compensation package by certain degrees or by adding more amenities/services until the required number of volunteers is met.

SECTION 13. Compensation under Section 10 as Liquidated Damages. The compensation provided in Section 10, if accepted by the passenger, shall constitute liquidated damages for all damages incurred by the passenger as a result of the air carrier's failure to provide the passenger with a confirmed reserved seat.