In the Philippines, the relationship between a passenger and an air carrier is governed by the Air Passenger Bill of Rights (APBR), officially known as DOTC-DTI Joint Administrative Order No. 1, Series of 2012. Being "offloaded"—whether due to overbooking, safety concerns, or documentation issues—can be a distressing experience. Understanding the legal distinctions and mandatory remedies is crucial for every traveler.
1. The Reality of Overbooking
Under Philippine law, overbooking is a recognized and legal practice in the airline industry. However, it is strictly regulated.
- The Procedure: If a flight is overbooked, the airline must first look for volunteers willing to give up their seats in exchange for compensation.
- The Selection: If there are not enough volunteers, the airline may then bump passengers against their will. This is where mandatory compensation kicks in.
2. Rights in Case of Involuntary Bumping
When a passenger is offloaded due to overbooking without their consent, the airline is legally obligated to provide the following:
| Type of Remedy | Description |
|---|---|
| Immediate Compensation | A sum of money as liquidated damages, usually paid on the spot or via check/voucher. |
| Rebooking or Refund | The choice between being endorsed to another flight (at no extra cost) or receiving a full refund of the ticket price. |
| Amenities | While waiting for the next available flight, the passenger is entitled to food, water, communication (internet/phone calls), and hotel accommodation if an overnight stay is required. |
3. Offloading Due to Documentation (Immigration Context)
A distinct type of "offloading" occurs when a passenger is prevented from boarding by the Bureau of Immigration (BI) rather than the airline. This usually happens during international departures.
- Legal Basis: The BI has the authority to prevent a passenger from leaving if they fail to meet travel requirements or are suspected victims of human trafficking.
- Remedy: In these cases, the airline is generally not liable for compensation because the prevention of travel is an act of the state. The passenger’s remedy is to comply with the BI's requirements or appeal the decision through administrative channels.
4. Safety and Security Offloading
An airline may legally offload a passenger for reasons related to safety, security, or health. This includes:
- Intoxicated or unruly behavior.
- Medical conditions that pose a risk to the passenger or others.
- Failure to comply with the Captain’s instructions.
In these instances, the airline’s liability for compensation is often waived, provided they can prove the offloading was necessary for the safety of the flight.
5. Duty to Inform
One of the most critical aspects of the APBR is the Right to be Informed. Airlines are required to:
- Post a summary of the Bill of Rights in their check-in counters.
- Provide a written statement of the rights and remedies available to an offloaded passenger.
6. Legal Recourse and Penalties
If an airline fails to provide the mandatory compensation or amenities, passengers may file a formal complaint with the Civil Aeronautics Board (CAB).
Important Note: Accepting the compensation and amenities offered at the airport may, in some instances, prevent a passenger from pursuing further legal action for damages, as it may be considered a settlement of the claim.
Summary of Passenger Action Steps
- Request a Written Explanation: Ask the airline representative for the specific reason for being offloaded.
- Assert the APBR: Explicitly mention the Air Passenger Bill of Rights to ensure the staff provides food and rebooking options.
- Document Everything: Keep copies of boarding passes, tickets, and any written notices provided by the airline or the Bureau of Immigration.
- File a Complaint: If the airline is uncooperative, escalate the matter to the CAB via their hotlines or official website.