(A Philippine legal and regulatory guide for delays, cancellations, denied boarding, tarmac delays, baggage issues, refunds, and related passenger claims.)

I. Why “Where to Complain” Matters in Airline Disputes

Airline complaints in the Philippines are not handled by a single office. The proper forum depends on (a) the nature of the problem (delay, cancellation, refund, baggage, overbooking, discrimination, safety concerns), (b) whether the flight is domestic or international, (c) whether the issue is primarily consumer/economic regulation or aviation safety/operations, and (d) what remedy is sought (refund, rebooking, reimbursement, damages, administrative sanction).

As a practical and legal matter, most successful claims follow an escalation path: Airline → Airport/Station escalation → Regulator (Civil Aeronautics Board / CAAP, as applicable) → Courts (when damages or enforcement is needed).

II. Core Legal Framework for Passenger Complaints (Philippine Context)

A. Contract of Carriage (Primary Source of Rights)

Your ticket, itinerary, and the airline’s Conditions of Carriage form the contract. In disputes, airlines often rely on these terms (rebooking rules, refundability, force majeure, baggage limits), but such terms may be scrutinized when inconsistent with mandatory passenger-protection rules or when implemented unfairly.

B. Air Passenger Bill of Rights (APBR) (Regulatory Baseline)

For common disruption scenarios—flight delays, cancellations, denied boarding due to overbooking, tarmac delays, refunds, and assistance—the APBR provides minimum standards of treatment. In complaint letters, citing the APBR helps frame the dispute as regulatory non-compliance, not merely a private contract disagreement.

C. International Treaties (Especially for International Flights and Baggage)

For international carriage, the Montreal Convention framework commonly governs liability rules (particularly baggage delay/loss/damage and certain delay-related claims), including notice requirements and time limits. This matters because treaty-based claims can have different standards than purely domestic contract claims.

D. Civil Code and Consumer-Protection Principles (Damages and Fairness)

When you pursue damages (moral damages, exemplary damages, attorney’s fees) or allege bad faith, you typically rely on Civil Code concepts (breach of contract, quasi-delict, abuse of rights) and general consumer-fairness principles. Regulators can facilitate compliance and impose administrative consequences; courts decide damages and enforceable judgments.

III. Common Airline Complaint Types and What You Can Demand

1) Flight Delay

Typical demands:

Rebooking (without added charges) or refund (subject to rules and cause of delay)
Care/assistance (meals/refreshments, communication, accommodations where applicable)
Reimbursement of documented, reasonable expenses when assistance/refund obligations are not met

Key issue: whether the delay is controllable (airline/operational) or extraordinary (weather, ATC constraints). Even where the cause is extraordinary, obligations to inform, assist, and process options properly can still apply depending on circumstances.

2) Cancellation

Typical demands:

Full refund (including fees as required by applicable rules), or
Re-accommodation (rerouting/rebooking), and
Assistance while waiting (as applicable)

Focus in complaints: timeliness of notice, availability of alternatives, and whether the airline forced unwanted options (e.g., vouchers only).

3) Denied Boarding (Overbooking)

Typical demands:

Proper handling of volunteers vs involuntary denied boarding
Compensation and assistance required by applicable rules
Immediate rebooking or refund options

Evidence that helps: boarding pass, gate announcements, written denial, witness statements, photos of gate screens.

4) Tarmac Delay (Aircraft stuck on the ground)

Typical demands:

Basic welfare measures (water, ventilation, access to lavatory), timely updates
Disembarkation procedures when feasible under rules and safety constraints

5) Refund Problems (Non-processing, Delays, Voucher-only policies)

Typical demands:

Processing within the promised timeframe, or within a reasonable period if none is stated
Refund to original form of payment when required (not voucher-only unless you truly agreed)

Strong complaint framing: attach proof of refund request date, airline acknowledgement, follow-ups, and lack of resolution.

6) Baggage Issues (Loss, Damage, Delay)

Typical demands:

For delayed baggage: reimbursement for reasonable necessities with receipts
For lost baggage: compensation per applicable regime and declared value rules
For damage: repair/replacement compensation, subject to inspection/reporting rules

Critical: file an on-the-spot report at the airport (commonly a Property Irregularity Report), then follow up in writing within the applicable timelines.

IV. Where to File Complaints (Correct Philippine Fora)

A. Start With the Airline (Required in Practice, Strategic in Law)

Even if not strictly mandatory for all claims, initial airline complaint is often expected by regulators and helps establish:

that you gave the airline a chance to resolve,
your demand and deadline,
the airline’s response (or lack thereof).

Where to complain within the airline:

Customer relations email/webform
Airport supervisor/manager (if ongoing disruption)
Official social channels (as supplementary, not primary evidence)

What to request in writing: refund/rebooking/compensation/reimbursement + a clear response deadline.

B. Civil Aeronautics Board (CAB) — Primary Regulator for Passenger Complaints

For most consumer-facing airline disputes in the Philippines—especially involving delays, cancellations, denied boarding, refunds, fares/charges, passenger handling, and compliance with passenger protection standards—the Civil Aeronautics Board (CAB) is typically the principal government forum.

CAB complaints are appropriate when:

the airline ignores or refuses lawful/refundable remedies,
assistance required during disruptions was not provided,
you want regulator-facilitated resolution and/or administrative action.

What CAB can generally do (practically):

Require airline responses and facilitate settlement/mediation-style outcomes
Evaluate compliance with passenger-protection rules
Support administrative enforcement within its regulatory powers

When CAB is especially useful:

Systemic issues (voucher-only policies, refund backlogs)
Clear APBR-type violations (assistance/refund options not offered)
Repeat non-response by the airline

C. Civil Aviation Authority of the Philippines (CAAP) — Safety/Operations, Airport Conduct, and Aviation Compliance

The Civil Aviation Authority of the Philippines (CAAP) primarily regulates aviation safety and operations. CAAP is the correct venue when the complaint is about:

safety-related concerns (unsafe boarding/disembarkation, aircraft safety issues, dangerous conditions),
airport/aircraft operational conduct that implicates safety rules,
certain operational compliance issues involving aviation standards.

CAAP is generally not the main office for “refund amount disputes” as a pure consumer claim, but it can be relevant when the facts involve safety/operational violations (e.g., dangerous tarmac conditions, improper handling that risks safety).

D. Airline/Travel Agency vs. Airline: Know the Correct Respondent

Sometimes the problem is not the airline but the seller/intermediary:

Online travel agencies (OTAs) or travel agents may control refund processing for certain bookings.
If the airline points to the agent as the contracting party for refund processing, complaints should identify both and include proof of payment routing.

When the dispute is primarily with a travel agency’s unfair/deceptive conduct, consumer enforcement channels outside aviation regulation can become relevant. However, flight disruptions and carrier performance issues usually remain within aviation-regulatory lanes.

E. Airports, Ground Handlers, and Other Players (Operational Complaints)

For on-the-day service failures (mishandled queues, check-in refusal, rude treatment, welfare issues in terminals), escalate immediately to:

Airline duty manager / station manager
Airport terminal management / help desks (document names and positions)
File an incident report while still on-site

These are not substitutes for CAB/CAAP, but they are valuable for contemporaneous records.

F. Courts — When You Need Damages, Enforcement, or Higher-Stakes Relief

Regulators help with compliance and administrative outcomes; courts are needed when:

you seek moral/exemplary damages (especially where bad faith is alleged),
you need enforcement beyond regulatory facilitation,
the dispute involves complex factual findings and significant monetary claims.

Possible court tracks:

Small Claims (where applicable to the amount and nature of claim, and where rules allow) for straightforward money claims supported by documents
Regular civil actions for larger or more complex claims

Courts will focus on evidence of:

the contract (ticket/itinerary/receipts),
breach (delay/cancellation/denied boarding facts),
damages (receipts, missed connections, lost income proofs),
bad faith (pattern of ignoring, misrepresentation, abusive treatment).

V. Choosing the Best Forum by Scenario (Practical Matrix)

1) Refund not processed / voucher forced / no response: → Airline written demand → CAB → Courts if still unpaid and you want enforceable judgment/damages.

2) Delay/cancellation with no assistance offered at airport: → Airline station manager + documentation → CAB (passenger rights compliance) → CAAP only if safety/operational violations are central.

3) Denied boarding due to overbooking with improper handling: → Airline incident report + evidence → CAB → Courts if major damages and bad faith are provable.

4) Baggage delayed/lost/damaged (international): → Immediate airport report + written notice → Airline baggage tracing → CAB (service failure) and/or treaty-based claim path → Courts if needed.

5) Safety-related incidents (unsafe procedures, dangerous conditions): → Immediate reporting → CAAP (and airport authority incident channels) → CAB may be secondary for service aspects.

VI. How to File an Effective Complaint (Step-by-Step)

Step 1: Preserve Evidence Immediately

Collect and keep:

Booking confirmation, e-ticket, itinerary, receipts, boarding pass
Screenshots of delay/cancellation notices, gate screens, airline advisories
Photos/videos showing long tarmac delay or conditions (as safely permitted)
Receipts for meals, hotel, transport, necessities
Written names/positions of airline staff spoken to
For baggage: PIR/incident report, baggage tag stubs, inventory list, photos of damage

Step 2: Send a Formal Written Demand to the Airline

A strong demand letter/email includes:

Passenger name, flight number, date, route, booking reference
Precise narrative timeline (times matter)
Specific violations (e.g., failure to offer options/assistance; refund delays)
Clear demand: refund amount; reimbursement amount; compensation basis; rebooking terms
Attachments index
A firm deadline (e.g., 7–15 calendar days) and statement that you will elevate to CAB/CAAP and pursue legal remedies if unresolved

Step 3: Escalate to the Proper Regulator

When escalating, attach:

Your airline demand and proof of sending
Airline replies (or proof of non-response)
Evidence bundle (PDF) with labeled exhibits and a chronology

Step 4: Calibrate Expectations and Remedies

Regulatory complaint outcomes often include:

airline action on refund/rebooking,
reimbursement settlement,
compliance directives or administrative handling.

If the airline still refuses payment or you need damages, proceed to court with a clean evidence trail.

VII. Key Substantive Issues That Decide Many Cases

A. Cause of Disruption: Controllable vs. Extraordinary

Airlines often invoke:

weather,
air traffic control restrictions,
airport closures,
security events.

Even when the cause is extraordinary, disputes can still be won when the airline:

failed to provide accurate and timely information,
failed to offer mandated options,
mishandled passengers unfairly,
imposed improper voucher-only policies,
delayed refunds unreasonably.

B. Documentation of Actual Loss

Claims are strongest when you can show:

itemized receipts,
proof of missed paid bookings (hotels, tours),
proof of rebooking costs,
proof of income loss (if applicable and provable).

C. “Bad Faith” Is Powerful but Demanding

Moral and exemplary damages generally require more than inconvenience. Indicators passengers often rely on include:

intentional misrepresentation,
abusive treatment,
stonewalling/refusal to process clear refunds,
pattern of non-response despite complete documentation.

VIII. Time Limits and Notice Considerations (Practical Legal Caution)

Airline disputes can be lost on timing. Typical time-sensitive actions include:

Immediate airport reporting for baggage issues,
Written notices for baggage delay/damage/loss under international carriage regimes,
Prescription periods for court actions (which differ based on cause of action and whether an international treaty applies).

Because the controlling timeline can change depending on whether the flight is domestic/international and whether the claim is treaty-based or purely contractual, the safest practice is: file reports immediately, send written notice promptly, and escalate without long gaps.

IX. Special and Often Overlooked Complaint Paths

1) Chargeback / Card Dispute (If Paid by Credit/Debit Card)

Where the airline fails to deliver the purchased service and refuses refund, card networks and issuers may allow disputes, subject to issuer rules and deadlines. This is not a substitute for CAB/court remedies but can provide leverage.

2) Travel Insurance Claims

If covered, insurance may pay certain delay/cancellation expenses; insurers still require strong documentation (delay proof, receipts, rebooking documents).

3) Overseas Consumer Regimes (Only When They Legally Apply)

Certain jurisdictions have passenger-protection schemes that apply based on departure/arrival points or carrier nationality (e.g., some EU rules for flights departing from EU airports). These are situational and do not automatically apply to all flights involving the Philippines.

X. What a Proper Complaint Looks Like (Content Checklist)

A complete regulator-ready complaint typically includes:

Caption/Title: Complaint for Flight Disruption / Refund / Denied Boarding / Baggage
Parties: Passenger(s) and airline (and agent, if involved)
Flight Details: Date, route, flight number, booking reference
Chronology: Time-stamped sequence of events
Issues: Delay/cancellation/denied boarding/refund/baggage, assistance failures
Demands: Refund/rebooking/reimbursement/compensation; specify amounts
Proof: Exhibits labeled (A, B, C…) with short descriptions
Prior Efforts: Airline complaint reference number and responses/non-response
Requested Action: Direct the airline to comply; process refund; reimburse; explain basis of denial; impose regulatory action where warranted

XI. Bottom Line: The Correct “Where to File” Answer

For most airline service and disruption complaints in the Philippines—delays, cancellations, overbooking/denied boarding, refunds, and passenger handling—the primary government forum is the Civil Aeronautics Board (CAB), after you document and demand resolution from the airline. For matters centered on aviation safety and operational compliance, the proper forum is the Civil Aviation Authority of the Philippines (CAAP). When you require damages or enforceable monetary judgments, or when regulatory facilitation fails, you proceed to the courts, using the documentation trail built from the airline and regulator stages.