LEGAL ASPECT IN Mid-Term Period_2

TOURISM & HOSPITALITY

Prof. Maria Salve R. Cabiñan
THE LAW ON COMMON CARRIER AND THE
AIR PASSENGER BILL OF RIGHTS
❑ CHECK-IN DEADLINE
Refers to the point in time before the published
Estimated Time of Departure (ETD) on or before
which a passenger must present himself/herself to
the air carrier at the latter’s check-in counter, which
is usually not less than forty-five (45)minutes before
such ETD.
❑ CHECK-IN DEADLINE

1. A passenger within the air carrier’s condoned or other designed

check-in area at least one (1) hour before the published ETD
shall not be considered late or no-show, and shall not be denied
check-in.
2. Carrier shall exert utmost diligence in ensuring that passengers
within the condoned or other designated check-in area and/or
lined up at the check-in counters are checked in for their flights
before the check-in deadline.
3. a passenger who is late may be denied check-in and directed to
a standby or rebooking counter, as the case may be, for proper
processing.
❑ RIGHT TO BOARD AIRCRAFT

A passenger checked in for a particular flight has

the right to board the aircraft for the purpose of
flight, except:
1. When there are immigration issues,
2. Safety and security
3. Health Concerns,
4. Non-appearance at the boarding gate at the
appointed boarding time.
OVERBOOKING BY AIR LINES

Overbooking is the practice by air carriers of selling

confirmed reserved space beyond the actual seat capacity
of the aircraft. 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.
Obligations of the Carrier in Case of Overbooking

1. The air carrier shall determine the number of

passengers in excess of the actual seat capacity
of the aircraft.
2. The air carrier shall announce that the flight is
overbook, and that it is looking for volunteers
willing to give up their seats in exchange for air
carrier compensation.
Obligations of the Carrier in Case of Overbooking

3. 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 provided that space and other circumstances permit
such accommodation, at the option of the passenger,
and/or a cash incentive.
Obligations of the Carrier in Case of Overbooking

4. In the 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.
Rights of Passenger in Case of Cancellation of Flights
Attributable to Carrier

In case of flight cancellation attributable to the

carrier, a passenger shall have the right to:

1. Be notified beforehand via public announcement,

written/published notice and flight status update
service(text);
Rights of Passenger in Case of Cancellation of Flights
Attributable to Carrier
2. Be provided with the following, if he/she is already at
the airport at the time of the announcement of the flight
cancellation:
a. 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, as
the case may be);
b. Hotel accommodation (conveniently accessible from
the airport); transportation from the airport to the hotel,
free phone calls, text or emails, and first aid, if necessary;
Rights of Passenger in Case of Cancellation of Flights
Attributable to Carrier
3. 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
4. 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
Rights of Passenger in Case of Cancellation of Flights
Attributable to Carrier

5. 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.
Rights of Passenger in Case of Cancellation of Flight
at least 24 hours before ETD

1. To be notified about the cancellation

2. To rebook or reimburse the passenger at the option of

the passenger.
Cancellation of Flight due to Force Majeure

In the case the air carrier cancels the flight

because of FORCE MAJEURE safety and/or security
reasons, as certified by Civil Aviation Authority of the
Philippines, a passenger shall have the right to be
reimburse for the full value of the fare.
FLIGHT DELAYS

Delays is the result of the determinant of a flight

to a later time.
There are two kinds of delay:

1. Terminal Delay
2. Tarmac Delay
FLIGHT DELAYS

❑ TERMINAL DELAYS and It’s CONSEQUENCES

✓ Rights of Passenger if there is Terminal Delay for 3 Hours
1. Be provided with refreshments or meals (sufficient
snacks, breakfast, lunch, or dinner, as the case may be), free
phone calls, text or emails, and first aid, if necessary; and
2. Rebook or refund his/her ticket or be endorsed to
another carrier.
FLIGHT DELAYS

❑ TERMINAL DELAYS and It’s CONSEQUENCES

✓ Right of the Passenger if there is Terminal Delay for 6 Hours
1. 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
2. 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.
FLIGHT DELAYS

❑ Tarmac Delay
is a delay that occurs while passengers are already on
board the aircraft. 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 passenger are not allowed to deplane
the passengers shall be provided with sufficient food and
beverages.
Compensation for Delayed, Lost, and Damaged Baggage

1. 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. (i.e.
that his/her baggage has been off-loaded and the reason therefore).
2. The air carrier should make the appropriate report and give the passenger a
copy thereof, even if it had already announced that the baggage would be on
the next flight.
3. 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.
Loss or Damage of Baggage Attributable to
the Air Carrier

1. For international flights, the relevant

convention shall apply.

2. For domestic flights, upon proof, a maximum

amount equivalent to half of the amount in the
relevant convention (for international flights) in
its Peso equivalent.
Compensation in Case of Death or Bodily
Injury of the Passenger
For international flights, in case of death or bodily injury sustained by a
passenger, the relevant convention and inter- carrier agreement shall apply.
However, for an international carriage performed under the 1966 Montreal
Inter-Carrier Agreement, which includes a point in the United States of
America as a point of origin, a point of destination or agreed stopping place,
the limit of liability for each passenger for death, wounding or other bodily
injury shall be the sum of $75k, inclusive of legal fees and costs. Provided, in
the case of a claim brought in a state where a provision is made for a separate
award for legal fees and costs, the limit shall be the sum of $58k, exclusive of
legal fees and costs.
For domestic flights, the compensation shall be based on the stipulated
amount in the relevant convention which governs international flights, the
same to be given in peso denominations.
Right to immediate Payment of Compensation

An air carrier liable for any and all compensation provided by

the air passenger bill of rights shall make the same available to the
affected passenger at the air carrier’s counters at the airport on the
date when the occasion entitling the passenger to compensation
occurred, or at the main office or any branch of the air carrier at
the discretion of the passenger.
The air carrier shall tender a check for the amount specified,
or cash, or the document necessary to claim the compensation or
benefits mentioned above; Provided, that such document shall be
convertible to cash within 15 days from the date when the occasion
entitling the passenger to such compensation occurred.
Different Government Agencies Related to the
Business of Common Carrier
• DOTC – DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS (Kagawaran ng Transportasyon at
Komuniskasyon)
It is under the umbrella of the Executive Department of
the Philippine Government responsible for the maintenance
and expansion of viable, efficient, and dependable
transportation and communications systems as effective
instruments for national recovery and economic progress. It
is also responsible for the country’s rail, air, sea and
communications infrastructure.
• LTFRB – LAND TRANSPORTATION FRANCHISING AND
REGULATORY BOARD (Lupon sa Pagpaprangkisa at
Regulasyon ng Transportayong-Lupa)
It is an agency of the Philippine Government attached
to the Department of Transportation and Communications
(DOTC) responsible for promulgating, administering,
enforcing, and monitoring compliance of policies. laws, and
regulations of public land transportation services.
• LTO – LAND TRANSPORTATION OFFICE
It is a DOTC-attached agency responsible for licensing
of the public land transportation services.

• MARINA – MARITIME INDUSTRY AUTHORITY (Pangasiwaan

ng Kalakalang Pandagat)
It is an agency of the government under the DOTC
responsible for integrating the development, promotion and
regulation of the maritime industry in the Philippines.
• ATO – AIR TRANSPORTATION OFFICE (Tanggapan ng Transportasyong
Himpapawid)
It is an agency of the Philippine government under the Department of
Transportation and Communications responsible for implementing policies on civil
aviation to ensure safe, economic and efficient air travel.

• PHILIPPINE COAST GUARD (Tanod Baybayin ng Pilipinas)

It is the coast guard of the Philippines involved in the broader enforcement
of maritime laws in the country, especially against smuggling, illegal fishing and
drug Trafficking. It is also involved in maritime search and rescue (SAR) missions,
as well as the protection of maritime environment.
• PNR – PHILIPPINE NATIONAL RAILWAYS
It is a state-owned railways system in the Philippines, organized
under the Department of Transportation and Communications (DOTC)
as an attached agency. It was established during the Spanish colonial
period. The modern PNR was developed only in 1984. it currently
operates around 1,060 kilometers of track on the island of Luzon,
where most Philippine rail infrastructure is located. It forms the
backbone of all of Metro Manila’s regional rail services, which extend
to its suburbs and to provinces such as Laguna.
• MRT – METRO RAIL TRANSIT Corporation
Is a private consortium responsible for the
maintenance of the Manila Metro Rail Transit System. It is
also the original contractor for the MRT project. It runs the
MRT in coordination with the Department of Transportation
and Communications.
• NAIA – NINOY AQUINO INTERNATIONAL AIRPORT or The
Paliparang Pandaigdig ng Ninoy Aquino or NAIA (IATA:
MNL, ICAO: RPLL)
It is one of the two international airports serving the
Metro Manila Area and the main international gateway of
the Philippines. Currently known as Diosdado Macapagal
International Airport (DMIA). It caters mostly a low-
budget airlines servicing Manila, but definite plans to
transfer full operations of NAIA to DMIA has been
implemented.
• MACTAN – CEBU INTERNATIONAL AIRPORT or the
Paliparang Pandaigdig ng Cebuano (IATA: CEB, ICAO:
PRVM). It is a major international airport in the Visayas
region of the Philippines located in Lapu-lapu City Mactan
Island, and Metro Cebu is the country’s second primary
gateway.
• PPA – The Philippine Ports Authority
(Pangasiwaang Pilipino sa mga Daungan).
It is an agency of the Philippine government
under the Department of Transportation and
Commissions responsible for financing,
management, and operations of public ports
throughout the Philippines.
-End Topic for Midterm Period-

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