SO many of us are excited to fly home to our families during the holidays or to head off to our much-deserved vacation. 

But sometimes, technical problems, bad weather, and other unforeseen events can wreck our travel plans and cause our flights to be delayed or cancelled. Or airlines could lose our luggage. 

So what can we do in case these happen? 

We’re not completely helpless, as we have protection under the Air Passenger Bill of Rights, which is provided for under Joint Administrative Order No.1 of the Department of Transportation and Department of Trade and Industry. 

This provides passengers with options in case of problems. 

What does it say?

Flight cancellations

The Air Passenger Bill of Rights says that air passengers have the right to compensation and amenities in case of cancellation of flights.

If the flight is cancelled at least 24 hours before the estimated time of departure and it is attributable to the air carrier, the passengers has the right to be notified beforehand about this. 

The airline must also rebook or reimburse the passenger, at the option of the latter.

If the flight is cancelled less than 24 hours before the estimated time of departure and it is attributable to the carrier, the passenger must be notified beforehand, and has the right to amenities, which could include food, drink, and hotel accommodations.

The passenger could also be reimbursed the value of the fare, taxes and surcharges, and other optional fees, or endorsed to another air carrier without paying any fare difference. 

The passenger also has the right to rebook the ticket, without additional charge, to the next flight with available space, or within 30 days to a future trip within the period of validity of the ticket.   

If the flight is cancelled due to other causes such as force majeure or safety or security reasons, the passenger has the right to be reimbursed for the full value of the fare.

Flight delays 

A passenger has the right to free refreshments or meals as well as free phone calls, texts or emails and first aid in case of a terminal delay of at least three hours after the departure time, whether or not this is due to the carrier.

The passenger also has the right to rebook or refund the ticket or be endorsed to another carrier.

If there is a terminal delay of at least six hours after the estimated time of departure for causes attributable to the carrier, the passenger has the right to consider the flight cancelled and could get the same benefits in case of a cancelled flight.

The affected passenger should also be given 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.

The passenger also has the right to board the flight if it takes place more than six hours after the estimated time of departure and the passenger did not opt to rebook the flight or seek a refund.

The air carrier has to exert all effort to contact the passenger for the flight.

In case of a tarmac delay of at least two hours after the estimated time of departure, the passenger also has the right to sufficient food and beverage. 

Delayed, lost or damaged baggage 

In case checked-in baggage was off-loaded for operational, safety, or security reasons, the air carrier has to inform the passenger about it at the soonest practicable time and in a way that the passenger will readily know about it.

The passenger must also be given a copy of the report even if it has been announced that the baggage would be on the next flight. 

The air carrier also has to carry the off-loaded baggage in the next flight with available space and deliver this to the passenger either personally or at his or her residence. 

For every 24 hours of delay in the delivery, the air carrier will have to pay the passenger P2,000 as compensation for the inconvenience.

A fraction of a day shall be considered as one day for the purposes of calculating the compensation. The 24-hour period will begin one hour from the arrival of the flight of the passenger. 

Checked baggage fees must be refunded if the baggage was not delivered within 24 hours from the arrival of the flight. 

In case the baggage is lost or damage because of the air carrier, the passenger also has the right to compensation.

For international flights, the compensation will be based on the relevant convention, which is based on what the concerned country follows. It can either be the Warsaw Convention or the Montreal Convention, which set rules for how airlines should handle luggage delays or losses. 

For domestic flights, the maximum amount of compensation is equivalent to half of the amount in the relevant convention (for international flights) in its peso equivalent.

The baggage is presumed lost if it is still not delivered after seven days from when the passenger should have received it. 

Death or injury of a passenger 

In case of the passenger’s death or injury during international flights, the relevant convention and inter-carrier arrangement will apply. 

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 the death or injury of a passenger will be $75,000, inclusive of legal fees and costs. 

In case of a claim brought in a state where there is a separate award for legal fees and costs, the limit will be $58,000 exclusive of legal fees and costs. 

For domestic flights, the compensation will be based on the stipulated amount in the relevant convention which governs international flights, and will be given in peso denominations.

Pay ASAP

The passenger has the right to immediate payment of compensation. 

It must be made available at the air carrier’s counters at the airport on the date when the incident 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 payment may be made in the form of a check, cash, or document necessary to claim the compensation or benefits. The document must be convertible to cash within 15 days from the date when the incident occurred. 

Check-in rights 

A passenger holding a confirmed ticket, whether promotional or regular, and who has complete documentary requirements and has complied with check-in procedures, has to be processed at the check-in counter within the deadline. 

A passenger within the air carrier’s cordoned check-in area at least one hour before the published estimated time of departure will not be considered late or a no-show and must not be denied check-in. 

A passenger who is late may be denied check-in and directed to a standby or rebooking counter for proper processing. 

Processing time

Air carriers operating in international airports an in other airports are required to open their check-in counters at least two hours before the estimated time of departure. In other airports, they must open the check-in counters at least one hour before the departure time. 

Those operating in international airports and other airports designated by the Department of Transportation have to open a separate dedicated counter for a fight nearing check-in deadline at least one hour before the departure time. 

Air carriers are also required to designate at least one check-in counter that will prioritize persons with disabilities, senior citizens, and persons requiring special assistance or handling. If this is not practicable, they must provide priority handling and processing of such passengers. 

They must also coordinate with authorities for the use of proper airport equipment, entryways, and/or aerobridges, to facilitate the movement of these passengers.

Persons accompanying a PWD, senior citizen, or a person requiring special assistance shouyld be accommodated at the designated check-in counter. 

It is the PWD’s responsibility to declare his or her need for special assistance upon booking the flight. In case the PWD fails to do so, the airline may not be held liable for any services it was unable to provide and for any additional costs incurred for special assistance facilities. 

Boarding rights 

A passenger also has the right to board the aircraft for the flight after check in, except where there is a legal or any other valid cause to prevent this. 

The other causes could include immigration issues, health concerns, non-appearance at the boarding gate at the appointed time, or government requisition of space. 

Other than these causes, no passenger may be denied boarding without his or her consent.

Overbooking 

It is an accepted practice for an air carrier to overbook flights, but they must shoulder any expense, consequence, or inconvenience caused to affected passengers.  

If there is overbooking, the airline must look for volunteers willing to give up their seat in exchange for compensation.

If there are still not enough volunteers, the airline should increase the compensation package until the required number of volunteers is met. 

Government agencies or officials who want to require aircraft space must submit a written request justifying it to the Civil Aeronautics Board. 

The air carrier has the right to claim from the government entity the full-fare value of the seats requested.