In the Philippines, the rights of air passengers are primarily governed by Joint Administrative Order No. 1 (JAO1), otherwise known as the Air Passenger Bill of Rights (APBR), issued by the Department of Transportation and Communications (now DOTr) and the Department of Trade and Industry (DTI). This framework provides specific protections for passengers facing involuntary denied boarding and flight rebooking due to delays or cancellations.
I. Denied Boarding (Overbooking)
Under Philippine law, airlines are generally allowed to overbook flights to account for "no-show" passengers. However, this is strictly regulated to protect those with confirmed seats.
1. The "Volunteer" Protocol
When a flight is overbooked, the airline must first seek volunteers to give up their seats in exchange for compensation or benefits. This must be done before any passenger is involuntarily denied boarding.
2. Involuntary Denied Boarding
If there are insufficient volunteers, the airline may deny boarding to passengers against their will. In such cases, the passenger is entitled to the following:
- Priority Boarding on the Next Flight: The airline must book the passenger on the next available flight to the same destination without additional charge.
- Endorsement to Another Carrier: If the airline cannot provide a flight within a reasonable timeframe, they must endorse the passenger to another airline, subject to seat availability.
- Compensation: The passenger is entitled to immediate compensation, which is typically a percentage of the ticket cost (usually 100% of the value of the sector from which they were bumped) or a fixed amount as determined by the Civil Aeronautics Board (CAB).
- Amenities: While waiting, the passenger is entitled to free food, drinks, and communication services (e.g., phone calls, internet access).
II. Flight Rebooking and Delays
The rights of a passenger regarding rebooking vary depending on the length of the delay and whether the cause is within or outside the airline's control.
1. Terminal Delay (At least 3 hours)
If a flight is delayed for at least three hours after the ETD (Estimated Time of Departure), it is considered a "Terminal Delay." Passengers are entitled to:
- Amenities: Sufficient food and drinks.
- Free Communication: Access to phone calls or emails.
- Rebooking or Refund: The passenger has the right to rebook the flight without additional charge or opt for a full refund of the ticket value.
2. Terminal Delay (At least 6 hours)
If the delay reaches six hours, the flight is considered "Cancelled" for the purpose of compensation.
- Additional Compensation: The passenger is entitled to compensation equivalent to at least the value of the sector affected.
- Hotel Accommodation: If the delay extends overnight, the airline must provide hotel lodging and transportation to and from the airport.
3. Tarmac Delay
If passengers are already on the aircraft and the delay exceeds two hours, the pilot-in-command must provide adequate food and water. If the delay exceeds three hours, passengers may request to be deplaned, subject to safety and security regulations.
III. Flight Cancellation
The obligations of the airline depend on the timing of the notice of cancellation.
1. Cancellation at least 24 hours before ETD
If the airline cancels a flight and notifies the passenger at least 24 hours before the ETD, their only obligation is to rebook the passenger on the next available flight or provide a full refund.
2. Cancellation less than 24 hours before ETD
If the notice is given less than 24 hours before the flight, the passenger is entitled to:
- Rebooking/Refund: Right to be rebooked or refunded.
- Amenities: Food and drinks during the waiting period.
- Compensation: If the cancellation is due to the airline's fault (e.g., technical issues), the passenger is entitled to additional compensation.
Note on Force Majeure: If the cancellation or delay is caused by "Force Majeure" (e.g., severe weather, volcanic eruptions, or security threats), the airline is generally not required to pay compensation, but they are still obligated to provide a full refund or rebook the passenger.
IV. The Right to Refund
If a passenger opts for a refund rather than rebooking:
- Cash/Check: If the ticket was paid in cash, the refund should ideally be processed immediately at the airport counter or within a few days.
- Credit Card: Refunds for tickets bought via credit card must be credited back to the account within a reasonable period (usually within the next billing cycle).
- Non-Refundable Tickets: Even if a ticket is labeled "non-refundable," the passenger is still entitled to a refund if the flight is cancelled by the airline or delayed beyond the statutory limits.
V. Enforcement and Remedies
Passengers who feel their rights under the APBR have been violated may take the following steps:
- Immediate Complaint: Approach the airline’s duty manager or customer service desk at the airport.
- CAB Complaints: If the airline fails to provide the mandated amenities or compensation, a formal complaint can be filed with the Civil Aeronautics Board (CAB).
- Legal Action: Passengers may also pursue civil action for damages under the Civil Code of the Philippines if the breach of contract involves bad faith or gross negligence.
Summary Table of Rights
| Situation | Threshold | Primary Right |
|---|---|---|
| Denied Boarding | Immediate | Compensation + Next Available Flight |
| Delay | 3 Hours | Food/Drinks + Rebooking or Refund |
| Delay | 6 Hours | Compensation + Hotel (if overnight) |
| Cancellation | < 24 hrs Notice | Food/Drinks + Rebooking/Refund + Compensation |