Know your rights (2)

Last week, we started this two-part series on Air Passenger Bill of Rights, which took effect in December of 2012 but is up for review now, just a little over a year after it took effect.  Our resource person, lawyer Eldric Paul Peredo, chief transportation regulation officer of the Civil Aeronautics Board (CAB), informed us that the agency is now reviewing the bill of rights for possible loopholes, judging from the varied complaints that their office receives regularly.  One can just imagine, really, because of the sheer volume of air passengers that we now have.  The entry of several budget carriers into the country has no doubt contributed in a big way to this.

We touched on the passenger’s right to compensation and amenities in case of cancellation of flight.  To reiterate, if the cancellation is at least 24 hours before the Estimated Time of Departure (ETD) and for reasons attributable to the air carrier, the passenger has a right to be notified beforehand of the cancellation, and he has the right to rebook the flight or be reimbursed for the fare, at his option. If, however, the cancellation is done less than 24 hours before the ETD, and for reasons entirely attributable to the air carrier, the passenger is entitled to amenities, which could include food and drinks, hotel accommodations and transport to hotel.  Furthermore, the passenger may demand for reimbursement of the value of the fare, taxes and surcharges and other optional fees. He may also request to be endorsed to another air carrier without paying any fare difference, or to rebook the ticket without additional charges.

The problem here that CAB has discovered is some routes are cancelled by the air carriers due to economic reasons, and since the notice of cancellation to CAB was made months in advance, some tickets may get affected.  It is definitely within the air carrier’s right to review the performance of any of its routes and inform the proper agency of their decision to stop all flights to such destinations. The APBR is silent on this, and Peredo says it is more practical for the carriers to simply rebook the flights instead of outright refund, which is an entitlement of passengers in case of cancellations 24 hours in advance. But if the carrier’s decision to stop flights to a destination is more permanent than temporary, this could be a problem.  The passenger may ask to be endorsed to another carrier flying the route, but if there is no inter-carrier agreement with other carriers, or worse, if no other flights now serve the under-performing route, this could be another problem. This is up for review by CAB.

We come now to an air passenger’s right to compensation and amenities in case of flight delay. The bill of rights qualify such delays:  if it is a case of terminal delay of at least three hours after the ETD, whether or not such delay is attributable to the carrier, the passenger has the right to avail of refreshments or meals.  The carrier must give the passengers access to communication, i.e., phone calls, texts or e-mails.  If first aid is necessary, this must also be made available to the passenger, especially for persons with disabilities, children or the elderly. He has the right to have his ticket re-booked, or can opt to fully refund his ticket, and has a right to ask to be endorsed to another carrier.

If, however, the terminal delay is at least six hours after the ETD for causes fully attributable to the carrier, the passenger is within his rights to consider this flight as cancelled, availing himself of all the rights and amenities prescribed for cancelled flights including 100 percent refund of the paid fare, plus accommodation and transport, as well as rebooking of the flight.

The CAB has opted for this provision precisely to penalize the delinquent or abusive carrier.  However, some carriers have found a way around this provision on six-hour delays.  It is actually better for the carrier to just cancel the flight if it foresees that the delay will take six or more hours because the 100 percent compensation due to the passenger cannot be enforced. This is another loophole that the CAB has unearthed in its review.

For tarmac delays of at least two hours after the ETD, the passenger is entitled to sufficient food and beverage.  If the food passed around is not enough to cover everyone, the passenger can file a complaint with CAB.

We raised the issue of habitual tardiness in certain carriers that have developed a reputation for this.  Peredo said that delays in flight schedules have a cascading effect, and it is very difficult, maybe even unfair, to brand certain carriers as habitually late because of this.  Add to this the fact that the Philippines does not have the infrastructure to ensure strict schedules.  With our limited runways, we suffer from daily congestion at the runway. Oftentimes, a carrier is left with no option but to circle overhead for 30 or 40 minutes before he can land, so they opt to simply delay the flight.  In 2012, the Philippine government limited the events on the runway on a per hour basis — where before it was 50 take-offs and/or landings, it is now down to 40 for reasons of air travel safety.

Many of us have experienced discomfort and hardship during take-offs or arrivals at the NAIA when traveling via budget carriers that do not provide tubes for the passengers.  Peredo informed us that, “in airports like the NAIA, Cebu, Davao and Clark where tubes are available and working, the airlines have been directed to use them.”  The problem is, most budget carriers do not carry this item in their computation of the budget fares.  I don’t really know how much the airline is supposed to pay as rent for using these tubes, but I believe that CAB should enforce their use as those steel “ladders” that pass as stairways are dangerous, inconvenient and downright scary. Try alighting from one on a rainy evening, when one has to carry an overnight bag in one hand and an airline-provided umbrella in the other while holding on to the railings.

With regard to luggage, the airline must notify the passenger if such is off-loaded, and pay P2,000 compensation to the passenger for every 24-hour delay and a refund of the checked baggage fees if this was not delivered within 24 hours from the arrival of the flight. For lost or damaged baggage on domestic flights, a passenger can demand half of the amount prescribed in international flights as compensation. The baggage may be considered lost if it is not delivered after a period of seven days when the passenger or consignee should have received the baggage.

In case of death or bodily injury of a passenger, there is an existing convention that governs compensation for international flights where inter-carrier agreements also apply.  For domestic flights, the provisions of the convention can be invoked.  For injuries to passengers, payments must be made immediately at the air carrier’s counter at the airport where the accident occurred or at the main office or any branch of the air carrier at the discretion of the passenger.

Know your rights as an air passenger.

Mabuhay!!! Be proud to be a Filipino.

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