GOVPH (/)

DOTC-DTI Joint Administrative Order No. 1, s.

2012
December 10, 2012 (http://www.o cialgazette.gov.ph/2012/12/10/dotc-dti-joint-administrative-order-no-1-s-2012/)

Tags: Department of Trade and Industry (http://www.o cialgazette.gov.ph/tag/department-of-trade-and-

industry/), Department of Transportation and Communications
(http://www.o cialgazette.gov.ph/tag/department-of-transportation-and-communications/),
departmental issuances (http://www.o cialgazette.gov.ph/tag/departmental-issuances-2/)
JOINT DOTC-DTI ADMINISTRATIVE ORDER NO. 01
Series of 2012

SUBJECT: PROVIDING FOR A BILL OF RIGHTS FOR AIR PASSENGERS AND

CARRIER OBLIGATIONS

WHEREAS, pursuant to the Republic Act No. 776, otherwise known as the Civil Aeronautics Act of the
Philippines, the Department of Transportation and Communications (DOTC), through the Civil Aeronautics
Board (CAB), is mandated by law to regulate the economic aspect of aviation, and develop and promote
the air potential of the Philippines, with due regard to public interest and convenience;

WHEREAS, pursuant to Republic Act No. 7394, otherwise known as the Consumer Act of the Philippines,
the Department of Trade and Industry (DTI) is the agency mandated to protect the consumers against
deceptive, unfair and unconscionable sales acts or practices and from misleading advertisements and
fraudulent sales promotions, other than those falling under the jurisdiction of the Department of Health;

WHEREAS, the Philippine aviation industry, under a liberalized aviation regime, and especially with the
emerging dominance of low cost carriers, has dramatically expanded, as shown by the unprecedented
and consistent double digit growth rates of domestic and international travel in the last ve (5) years;
WHEREAS, it is the thrust of public policy to encourage the entry of more players in the air transportation
industry and promote greater competition among air carriers, which, in turn will enhance air service
availability and create more options for better, safer, and more e cient and affordable air transportation,
in support of trade, tourism and public convenience;

WHEREAS, it is equally the objective of public policy to maintain a level playing eld in the air
transportation industry, conducive to sound, healthy and fair competition among industry players, as
against disastrous and ruinous competition that can undermine public interest;

WHEREAS, an air carrier ticket constitutes a contract of carriage between an air carrier and a passenger,
whereby the air carrier, for consideration, obligates itself to transport a passenger by air safely, e ciently
and conveniently along a stipulated route at a given date and time, subject to certain conditions and/or
restrictions;

WHEREAS, such a contract of carriage creates an asymmetrical relationship between an air carrier and a
passenger, considering that, while a passenger has the option to buy or not to buy the service, the
decision of the passenger to buy the ticket binds such passenger, by adhesion, to all the conditions and/or
restrictions attached to the air carrier ticket on an all-or-nothing basis, without any say, whatsoever, with
regard to the reasonableness of the individual conditions and restrictions attached to the air carrier ticket;

WHEREAS, there is a need to infuse a certain measure of balance, fairness and reasonableness between
the precarious position of a passenger vis--vis the vast resources at the disposal of the air carrier,
especially in a liberalized and highly competitive aviation environment, which, if unfettered can lead to
unsound business policies and practices of air carriers that are prejudicial to the rights and interests of
the passengers;

NOW, THEREFORE, this Order is hereby prescribed for the information, guidance, and compliance of all
concerned.

CHAPTER I
GENERAL PROVISIONS

Section 1. Title of Regulation. This Regulation shall be known and cited as the Air Passenger Bill of
Rights.

Section 2. De nition. For the purpose of this Regulation:

2.1 Air Carrier refers to a Philippine-based carrier operating scheduled or non-scheduled domestic
and/or international ights to or from or serving a point within the Philippines, or a foreign carrier
operating scheduled or non-scheduled international ights from the Philippines. Air carriers are also
generally referred to as airlines.

2.2 Baggage is any personal property carried by the passenger, either by check-in or hand-carry. Off-
loaded Baggage refers to baggage which has been checked in but has either not been put in or been
subsequently removed from the cargo hold of the carrier.

2.3 Cancellation is the act of calling off a ight. This shall include the following instances:

(a) Cancellation by the air carrier before the estimated time of departure (ETD) with or without its
fault;

(b) Cancellation by the air carrier after an unduly long delay;

(c) Cancellation by the passenger holding a regular fare/ticket, or a situation deemed cancelled as
contemplated in Section 12.2;

2.4 Check-in deadline refers to the point in time before the published ETD on or before which a
passenger must present himself/herself to the air carrier at the latters check-in counter, which is usually
not less than forty- ve (45) minutes before such ETD.

2.5 Check-in period is the time when the air carriers check-in counters are open for accepting and
processing passengers checking in for their ights, which starts at least two (2) hours before the ETD in
international airports and in other airports designated by the DOTC. In other airports, the check-in period
shall start at least one (1) hour before the ETD.

2.6 Con rmed Reserved Seat means a seat on a speci c date and on a speci c ight and class of
service of a carrier, which has been requested by a passenger, and which the carrier or its agent has
veri ed, by appropriate notation on the ticket, as being reserved for the accommodation of the passenger.

2.7 Convention refers to the applicable international agreement, convention, or treaty on carriage of
goods or persons by air signed and/or rati ed by the Philippines.

2.8 Delay is the result of the deferment of a ight to a later time. Terminal Delay is a delay that occurs
while passengers are still inside the terminal waiting for boarding, while Tarmac Delay is a delay that
occurs while passengers are already on board the aircraft.
2.9 Denied Check-in takes place when a passenger, who has presented himself/herself for check-in at
the appointed area and at the appointed time, is denied or not processed for boarding a particular ight.
Denied Boarding takes place when a passenger, who holds a con rmed reserved seat, and who has
presented himself/herself for carriage at the proper time and place and fully complied with the carriers
check-in and recon rmation procedures, and who is acceptable for carriage under the carriers tariff, was
not allowed to board the aircraft.

2.10 Fare is payment in consideration for the carriage of a passenger. Regular Fare is any fare that is
offered on a regular basis and does not qualify as promotional fare. Promotional Fare, which is generally
lower than a regular fare, is applied for before, and approved as such by, the CAB.

2.11 Government requisition of space refers to a formal request by the government or its agencies to an
air carrier company for the use of an aircraft, or any part thereof, for regulatory, safety, security, and/or
emergency purposes.

2.12 No-show is the failure of the passenger to appear at the check-in counter within the check-in
deadline or to show up at the boarding gate at the time indicated on the boarding pass.

2.13 Overbooking is the practice by air carriers of selling con rmed reserved space beyond the actual
seat capacity of the aircraft.

2.14 Passenger shall refer herein to a person actually travelling by air. A person who is named in the
ight ticket shall be considered a passenger for the purpose of these rules.

2.15 Person with disability or PWD includes those who have long-term physical, mental, intellectual or
sensory impairments, which, in interaction with various barriers, may hinder their full and effective
participation in society on an equal basis with others.

2.16 Sales Promotion means techniques intended for broad consumer participation which contain
promises of gain, such as prizes, in cash or in kind, as reward for the purchase of a product, security,
service or winning in a contest, game, tournament, and other similar competitions which involve
determination of winner/s and which utilize mass media and/or widespread media of information. It also
means techniques purely intended to increase the sales, patronage and/or goodwill of a product.

2.17 Senior citizen refers to any resident citizen of the Philippines at least sixty (60) years old.
Passengers may be asked to present identi cation documents, in line with Republic Act No. 9994,
otherwise known as the Expanded Senior Citizens Act of 2010, and its Implementing Rules and
Regulations, in order to avail of bene ts and privileges reserved for senior citizens.
Section 3. Scope. This Regulation shall apply to all aspects of contracts of carriage for ights or portions
of a ight into, from, and within the territory of the Philippines operated by Philippine air carriers, and
ights or portions of a ight from the territory of the Philippines operated by foreign air carriers.

Provided, that the compensation rules shall not apply to carriers ying into the territory of the Philippines,
if the laws of the country of origin provide similar or higher compensation. Otherwise, these rules shall
apply in full.

CHAPTER II:
RIGHT TO BE PROVIDED WITH ACCURATE INFORMATION BEFORE
PURCHASE

Section 4. Right to Full, Fair, and Clear Disclosure of the Service Offered and All the Terms and Conditions
of the Contract of Carriage. Every passenger shall, before purchasing any ticket for a contract of carriage
by the air carrier or its agents, be entitled to the full, fair, and clear disclosure of all the terms and
conditions of the contract of carriage about to be purchased. The disclosure shall include, among others,
documents required to be presented at check-in, provisions on check-in deadlines, refund and rebooking
policies, and procedures and responsibility for delayed and/or cancelled ights. These terms and
conditions may include liability limitations, claim- ling deadlines, and other crucial conditions.

4.1 An air carrier shall cause the disclosure under this Section to be printed on or attached to the
passenger ticket and/or boarding pass, or the incorporation of such terms and conditions of carriage by
reference. Incorporation by reference means that the ticket and/or boarding pass shall clearly state that
the complete terms and conditions of carriage are available for perusal and/or review on the air carriers
website, or in some other document that may be sent to or delivered by post or electronic mail to the
passenger upon his/her request.

4.2 The air carrier must also ensure that passengers receive an explanation of key terms identi ed on the
ticket from any location where the carriers tickets are sold, including travel agencies. In case of online
bookings, the air carrier must establish a system wherein the purchaser is fully apprised of the required
disclosures under this Section twice prior to the nal submission of his/her online offer to purchase.

4.3 Aside from the printing and/or publication of the above disclosures, the same shall likewise be
verbally explained to the passenger by the air carrier and/or its agent/s in English and Filipino, or in a
language that is easily understood by the purchaser, placing emphasis on the limitations and/or
restrictions attached to the ticket.
4.4 The key terms of a contract of carriage, which should include, among others, the rebooking, refunding,
baggage allowance and check-in policies, must be provided to a passenger and shall substantially be
stated in the following manner and, if done in print, must be in bold letters:

(English)

NOTICE:

The ticket that you are purchasing is subject to the following conditions/restrictions:

1. _______________
2. _______________
3. _______________

Your purchase of this ticket becomes a binding contract on your part to follow the terms and conditions
of the ticket and of the ight. Depending on the fare rules applicable to your ticket, non-use of the same
may result in forfeiture of the fare or may subject you to the payment of penalties and additional
charges if you wish to change or cancel your booking.

For more choices and/or control in your ight plans, please consider other fare types.

(Filipino)

PAALALA:

Ang tiket na ito ay binibili ninyo nang may mga kondisyon/ restriksyon:

1. ________________
2. ________________
3. ________________

Sa pagpili at pagbili ng tiket na ito, kayo ay sumasang-ayon sa mga kondisyon at restriksyon na

nakalakip dito, bilang kontrata ninyo sa air carrier. Depende sa patakarang angkop sa iyong tiket, ang
hindi paggamit nito ay maaaring magresulta sa pagwawalang bisa sa inyong tiket o sa paniningil ng
karagdagang bayad kung nais ninyong baguhin o kanselahin ang inyong tiket.

Para sa mas maraming pagpipilian at malawak na control sa inyong ight, inaanyayahan kayong bumili
ng iba pang klase ng tiket galing sa air carrier.
4.5 Any violation of the afore-stated provisions shall be a ground for the denial of subsequent applications
for approval of promotional fare, or for the suspension or recall of the approval made on the advertised
fare/rate.

Section 5. Right to Clear and Non-Misleading Advertisements of, and Important Reminders Regarding
Fares. Advertisements of fares shall be clear and not misleading.

5.1 Major restrictions, such as those on rebookability or refundability, which may be attached to certain
fare types, shall be disclosed in full and in such a way that the passenger may fully understand the
consequences of purchasing such tickets and the effect of non-use thereof.

5.2 Every air carrier causing the publication of fare advertisements in any medium, shall likewise disclose
the following:

(a) Conditions and restrictions attached to the fare type;

(b) Refund and rebooking policies, if any;

(c) Baggage allowance policies;

(d) Government taxes and fuel surcharges;

(e) Other mandatory fees and charges;

(f) Contact details of the carrier (i.e. phone number, website, e-mail, etc.); and

(g) Other information necessary to apprise the passenger of the conditions and the full/total price of
the ticket purchased.

Provided, that, in case of promotional fares, the additional information shall be included:

(h) Number of seats offered on a per sector basis;

(i) The duration of the promo; and

(j) The CAB Approval No. of Fares.

Provided, further, that, where there are differing conditions, such as fuel surcharge in relation to the points
of destinations or origin, the advertisements of these carriers may provide only the range thereof and not
the actual surcharge of each route.
5.3 The above-mentioned required disclosures shall occupy not less than one-third (1/3) of the advertising
material. A copy of the same shall be printed on or attached to the ticket in English and Filipino.

In the case of broadcast media, it shall be enough that the air carrier and/or advertising agent incorporate
the foregoing terms and conditions by reference, as provided for in Section 4.1.

Section 6. Right Against Misleading and Fraudulent Sales Promotion Practices. Consistent with the
declared policy of the State to protect the interests of the consumers, which includes protection from
misleading and fraudulent sales promotion practices, all sales promotion campaigns and activities of air
carriers shall be carried out with honesty, transparency and fairness, and in accordance with the
requirements of the Consumer Act of the Philippines, and its Implementing Rules and Regulations.

Air carriers shall provide to DTI a copy of its promotional materials for post audit not later than the
publication, release, or launch date whichever is earlier.

It is understood that professional authorities for those engaged in advertising, sales and promotion may
impose additional standards or measures to regulate their industry.

CHAPTER III
RIGHT TO RECEIVE THE FULL VALUE OF THE SERVICE PURCHASED

Section 7. Right to Transportation and Baggage Conveyance. Every passenger is entitled to transportation,
baggage conveyance and ancillary services, in accordance with the terms and conditions of contract of
carriage with the air carrier. Thus, any violation of the terms and conditions of the contract of carriage due
to the fault or negligence of the air carrier shall entitle the passenger to compensation or alternative
arrangements, as provided in this Air Passenger Bill of Rights, which are acceptable to the passenger.

Section 8. Right to be Processed for Check-In. In accordance with the usual air carrier procedures, a
passenger holding a con rmed ticket, whether promotional or regular, with complete documentary
requirements, and who has complied with the check-in procedures, shall be processed accordingly at the
check-in counter within the check-in deadline. The airline shall, therefore, and subject to infrastructure
limitations, clearly designate the boundaries of its assigned check-in area/s or counter/s.

A passenger within the air carriers cordoned or other designated check-in area as herein de ned at least
one (1) hour before the published ETD shall not be considered late or a no-show, and shall not be denied
check-in. The carrier shall exert utmost diligence in ensuring that passengers within the cordoned or other
designated check-in area and/or lined up at the check-in counters are checked in for their ights before
the check-in deadline.
A passenger who is late in accordance with the preceding paragraph may be denied check-in and directed
to a standby or rebooking counter, as the case may be, for proper processing.

Any dispute under this Section shall be resolved by the air carrier on-site. For this purpose, the air carrier
must present to the passenger proof, including, but not limited to, closed-circuit television monitor
recordings, processing or number slips issued at the entrance of the check-in area, and other applicable or
available means, that the latter failed to appear within the prescribed time for the check-in procedure.

Section 9. Right to Su cient Processing Time. Passengers shall be given enough time before the
published ETD within which to go through the check-in and nal security processes. For this purpose, air
carriers operating in international airports and in other airports designated by the DOTC shall open their
check-in counters in such airports at least two (2) hours before the ETD. In other airports, air carriers shall
open their check-in counters at least one (1) hour before the ETD.

9.1 Air carriers operating in international airports and in other airports designated by the DOTC shall open
a separate dedicated counter for a ight nearing check-in deadline to facilitate the checking in of
passengers at least one (1) hour before the published ETD.

9.2 To ensure that PWDs and senior citizens shall have equal access to air transportation services, air
carriers shall at all times and in all instances adhere to the mandate of Batas Pambansa Blg. 344,
otherwise known as An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings,
Institutions, Establishments and Public Utilities to Install Facilities and Other Devices, the provisions of the
Expanded Senior Citizens Act of 2010, and other related laws. Accordingly, an air carrier shall designate at
least one (1) check-in counter which will prioritize PWDs, senior citizens, and persons requiring special
assistance or handling. If this is not practicable, the air carrier shall instead provide for priority handling
and processing of such passengers. The air carrier shall likewise coordinate with the appropriate
authorities for the use of proper airport equipment, entryways, and/or aerobridges, as the case may be,
when the same are available, to facilitate transactions, movement, boarding, and/or disembarkation of
PWDs, senior citizens, and/or persons requiring special equipment, at the airport.

Persons accompanying a PWD, a senior citizen, or a person requiring special assistance or handling
should also be accommodated at the designated check-in counter mentioned in the preceding paragraph.
It is the duty of an air carrier or its authorized agent to inform its passengers if additional costs will be
incurred for the use of facilities designed for passengers needing special assistance in airports located in
other countries.
It is the responsibility of a PWD to declare his/her need for special assistance or handling to the airline,
upon booking his/her ight. If the PWD fails to do so, the airline may not be held liable for any services it
was not able to provide the passenger and/or for any additional costs incurred for the use of special
assistance facilities.

Section 10. Right to Board Aircraft for the Purpose of Flight. A passenger checked in for a particular ight
has the right to board the aircraft for the purpose of ight, except when there is legal or other valid cause,
such as, but not limited to, immigration issues, safety and security, health concerns, non-appearance at
the boarding gate at the appointed boarding time, or government requisition of space as provided for in
Section 10.2. Other than these causes, no passenger may be denied boarding without his/her consent.

10.1 While it is an accepted practice for an air carrier to overbook its ights, any expense, consequence, or
inconvenience caused to affected passengers must be borne by the air carrier, as follows:

(a) The air carrier shall determine the number of passengers in excess of the actual seat capacity of
the aircraft.

(b) The air carrier shall announce that the ight is overbooked, and that it is looking for volunteers
willing to give up their seats in exchange for air carrier compensation.

(c) 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 ight 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.

(d) In 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.

10.2 Government agencies and/or o cials wanting to acquire aircraft space for o cial government
purposes shall submit a written request justifying the requisition to the CAB, which shall then make the
request to the air carrier concerned, detailing:

(a) The number, identities, and a liation of the persons requesting for space;

(b) The date and time (if applicable) of the ight; and

(c) The destination.

Should government requisition result in passengers having to forego their con rmed space, the air carrier
shall look for volunteers in accordance with Section 10.1.

Provided, that the air carrier shall have the right to claim from the requesting government entity the full-
fare value of the seats requisitioned by the latter.

10.3 The settling of compensation for passengers pursuant to this Section shall not be an excuse for the
undue delay of the ights ETD.

CHAPTER IV
RIGHT TO COMPENSATION

Section 11. Right to Compensation and Amenities in Case of Cancellation of Flight. In case of cancellation
of ights, the following shall be observed:

11.1 In case of ight cancellation attributable to the carrier, a passenger shall have the right to:

(a) Be noti ed beforehand via public announcement, written/published notice and ight status update
service (text);

(b) Be provided with the following, if he/she is already at the airport at the time of the announcement
of the ight cancellation: su cient 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); hotel accommodation (conveniently accessible from the airport); transportation from the airport
to the hotel, v.v.; free phone calls, text or e-mails, and rst aid, if necessary; and

(c) 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 y the ticket or all the routes/sectors; or

(d) 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

(e) Rebook the ticket, without additional charge, to the next ight 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.
Provided, that in case a carrier cancels a ight at least twenty-four (24) hours before the ETD, it shall not
be liable for the foregoing amenities, except, it shall be obliged to notify the passenger, and, in accordance
with the preceding provisions, to rebook or reimburse the passenger, at the option of the latter.

11.2 In case the air carrier cancels the ight because of force majeure, safety and/or security reasons, as
certi ed by the Civil Aviation Authority of the Philippines, a passenger shall have the right to be
reimbursed for the full value of the fare.

11.3 The provisions of this Section shall be the minimum entitlement of a passenger in case of
cancellation, and shall not prohibit the air carrier from granting more favourable conditions or recourses,
as it may deem appropriate.

Section 12. Right to Compensation and Amenities in Case of Flight Delay and Exceptions Thereto.

12.1 In case of Terminal Delay of at least three (3) hours after the ETD, whether or not such is attributable
to the carrier, a passenger shall have the right to:

(a) Be provided with refreshments or meals (su cient snacks, breakfast, lunch, or dinner, as the case
may be), free phone calls, text or e-mails, and rst aid, if necessary; and

(b) Rebook or refund his/her ticket in accordance with the preceding Section or be endorsed to
another carrier, in accordance with the preceding Section.

12.2 In case such Terminal Delay extends to at least six (6) hours after the ETD for causes attributable to
the carrier, it shall be deemed cancelled for the purpose of making available to the passenger the rights
and amenities required to be provided in case of actual cancellation, as provided for in Section 11.1; and
in addition, an affected passenger shall be given the following:

(a) 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

(b) The right to board the ight 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 ight.

12.3 A passenger shall likewise have the right to be provided with su cient food and beverage, 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 passengers are not allowed to deplane.
12.4 The provisions of this Section shall be the minimum entitlement of a passenger in case of delay and
shall not prohibit the air carrier from granting more favourable conditions or recourses, as it may deem
appropriate.

Section 13. Compensation under Section 10 as Liquidated Damages. The compensation provided in
Section 10, if accepted by the passenger, shall constitute liquidated damages for all damages incurred by
the passenger as a result of the air carriers failure to provide the passenger with a con rmed reserved
seat.

Provided that, while a con rmed reservation is necessary to make a passenger eligible for compensation,
a written con rmation issued by the air carrier or its authorized agent quali es the passenger in this
regard, even if the air carrier cannot nd the reservation in the electronic records, as long as the
passenger did not cancel the reservation or miss a recon rmation deadline.

Section 14. Right to Compensation for Delayed, Lost, and Damaged Baggage. A passenger shall have the
right to have his/her baggage carried on the same ight that such passenger takes, subject to
considerations of safety, security, or any other legal and valid cause.

14.1 In case a checked-in baggage has been off-loaded for operational, safety, or security reasons, 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 therefor).
If the passengers baggage has been off-loaded, 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 ight.

The air carrier shall carry the off-loaded baggage in the next ight with available space, and deliver the
same to the passenger either personally or at his/her residence. For every twenty-four (24) hours of delay
in such delivery, the air carrier shall tender an amount of Two Thousand Pesos (Php2,000.00) to the
passenger, as compensation for the inconvenience the latter experienced. A fraction of a day shall be
considered as one day for purposes of calculating the compensation.

For the purposes of this section, the twenty four (24)-hour period shall commence one (1) hour from the
arrival of the ight of the passenger carrying such baggage.

14.2 Should such baggage, whether carried on the same or a later ight, be lost or suffer any damage
attributable to the air carrier, the passenger shall be compensated in the following manner:

(a) For international ights, the relevant convention shall apply.

 (b) For domestic ights, upon proof, a maximum amount equivalent to half of the amount in the
relevant convention (for international ights) in its Peso equivalent.

14.3 For compensation purposes, a passengers baggage is presumed to have been permanently and
totally lost, if within a period of seven (7) days, counted from the time the passenger or consignee should
have received the same, the baggage is not delivered to said passenger or consignee.

Section 15. Right to Compensation In Case of Death or Bodily Injury of a Passenger. For international
ights, 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 Seventy-Five Thousand United States Dollars (US$75,000.00), 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 Fifty-Eight Thousand United States
Dollars (US$58,000.00), exclusive of legal fees and costs.

For domestic ights, the compensation shall be based on the stipulated amount in the relevant
convention which governs international ights, the same to be given in Peso denominations.

Section 16. Right to Immediate Payment of Compensation. An air carrier liable for any and all
compensations provided by these rules shall make the same available to the affected passenger at the air
carriers counters at the airport on the date when the occasion entitling the passenger to compensation
occurred, or at the main o ce or any branch of the air carrier at the discretion of the passenger. The air
carrier shall tender a check for the amount speci ed, or cash, or the document necessary to claim the
compensation or bene ts mentioned above; Provided, that such document shall be convertible to cash
within fteen (15) days from the date when the occasion entitling the passenger to such compensation
occurred.

CHAPTER V
ADMINISTRATIVE MATTERS

Section 17. Air Carrier and CAB Complaint and Assistance Desks. Air carriers shall provide Customer
Service Representatives who can address common problems, such as arranging for meals and hotel
rooms for stranded passengers, settling denied boarding compensation, arranging luggage resolutions,
and settling other routine claims or complaints, on the spot. In addition, the CAB may provide Complaints
and Assistance Desks in all airports. These shall be manned by CAB or CAB-deputized personnel, who
shall assist passengers whose rights to the service have not been fully satis ed by the air carrier. The said
personnel shall assist in the ling and prosecution of the complaints of passengers whose rights have
been violated and who wish to go after the concerned air carriers.

Section 18. Refund of Other Fees. Every air carrier must refund checked baggage fees and other optional
service fees (i.e. insurance, donation to WWF, seat selector fee, etc.), if the passenger did not use his/her
ticket provided, that the said ticket is refundable and that the passenger is not at fault. Provided, further,
that refund of checked baggage fees will also apply, if the baggage was not delivered to the passenger
within twenty-four (24) hours from the arrival of ight, on top of the compensation fee as mentioned in
Section 14.1.

Section 19. Written Reports. Air carriers shall submit a monthly report to the CAB on the following:

(a) The number of regular and promotional fare passengers who have been denied boarding, or
whose ights were delayed or cancelled;

(b) The number of regular and promotional fare passengers whose baggage was lost, damaged, or
off-loaded; and

(c) The number of regular and promotional fare passengers who died or sustained an injury during the
course of the ight or performance of the contract of carriage, as well as the reasons and other
circumstances of such occurrences.

Provided, that the air carriers shall maintain a database containing the names, addresses, and/or other
particulars of such passengers, their ights, concerns or complaints, as well as records of the air carriers
personnel regarding the same, if any, and other pertinent information, available to the CAB upon request.

CHAPTER VI
FINAL PROVISIONS

Section 20. Periodic review. This Order shall be reviewed periodically by an inter-agency body consisting
of representatives from the DOTC, the DTI, the CAB, and airport operators, in consultation with the air
carrier companies and/or other directly affected stakeholders. Such review may include the assessment,
modi cation, removal, and/or update of provisions in accordance with issues arising from the
implementation of this Order.

Section 21. Separability Clause. If any section(s) or any part of this Regulation is declared
unconstitutional by a competent authority, the remaining sections or parts thereof shall not be affected
thereby.
Section 22. Repealing Clause. All other orders, guidelines, economic regulations, and other issuances of
the CAB, the DTI and the DOTC, which are inconsistent with these provisions, are hereby amended,
repealed or modi ed accordingly. Otherwise, provisions not deemed inconsistent shall be of suppletory
application.

Section 23. Violations and Penalties. All violations of this Joint Administrative Order shall be penalized in
accordance with the pertinent provisions of the Civil Aeronautics Act of the Philippines, save for violations
pertaining to Sections 5 and 6 which are governed by the relevant provisions of the Consumer Act of the
Philippines, the implementing agency of which is DTI.

Section 24. Effectivity. This Regulation shall take effect ten (10) days after its publication in a newspaper
of general application. A copy of this Regulation shall be deposited with the University of the Philippines
Law Center in compliance with Revised Administrative Code.

APPROVED, 10 December 2012.

(Sgd.) JOSEPH EMILIO AGUINALDO ABAYA (Sgd.) GREGORY L. DOMINGO

Secretary Secretary
Department of Transportation and Department of Trade and Industry
Communications

RESOURCES

[PDF] DOTC-DTI Joint Administrative Order No. 1, s. 2012

(http://www.o cialgazette.gov.ph/downloads/2012/12dec/20121210-DOTC-DTI-JAO-0001-
BSA.pdf)

This entry was posted under Departmental Issuances (http://www.o cialgazette.gov.ph/section/laws/departmental-issuances/)

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