Lawmakers are set to investigate if the Air Passenger Bill of Rights is being properly implemented following reports that airlines are still collecting fees for flight rebooking, rerouting and cancellations and employ unclear policies that often lead to confusion among air travelers.
Senator Paolo Benigno Aquino IV filed Senate Resolution No. 414 calling for a probe which will focus on service-related issues and the airline carriers' policies on fares, fees and other charges.
In 2012, then Department of Transportation and Communications and the Department of Trade and Industry released Joint Administrative Order No. 01 or the Air Passengers Bill of Rights, with the goal of promoting balance, fairness, and reasonableness between the passengers and the airline carriers.
"But air passengers still complain about excessive fees for rebooking and confusing services policies," said Aquino.
The senator cited the recommendation of the Department of Justice-Office for Competition, contained in its report dated Sept. 23, 2015, to air carriers operating in the Philippines to adopt international best practices and clarify their policies for rebooking and foregoing flights for various reasons.
While deregulation of the airline industry resulted in lower airfares, the DOJ-OFC Report indicated that it has given airline carriers much independence in determining their policies regarding fares, fees and other costs.
"It reached the point where customers have no choice but to accept their rules," Aquino said.
In addition, the senator said, airlines still charge customers substantial amount for rebooking, rerouting or cancellation of flights.
Aquino's move came few days after a budget carrier was placed under investigation by the Civil Aeronautics Board following a video, showing passengers in panic and deplaned due to hot temperature inside the plane bound for Cebu, went viral on social media.
Under the Air Passenger Bill of Rights, consumers have the right to be informed of the complete terms and conditions of the contract of carriage, among others. In case of online bookings, the consumer must be informed, at least twice, of such terms and conditions prior to final submission of his or her purchase order. In addition, passengers must be apprised verbally of such terms and conditions in a language easily understood by them.
In order to prevent travelers from being misled by apparently “cheap” air fares which, in actuality, cost considerably higher than the publicized amount, it requires air carriers to disclose all other mandatory fees and charges, including government taxes and fuel surcharges, in their fare advertisements.
The said Bill of Rights takes cognizance of the practice of air carriers to overbook flights. While the same is not outrightly prohibited, air carriers are required to bear any expense or injury to the passengers who will be affected by such overbooking. As a remedial measure, the air carrier is mandated to seek volunteers who would be willing to give up their seats for reasonable compensation.
In case of cancellation of a passenger’s flight, the air carrier is obligated to provide sufficient refreshments, hotel accommodation, transportation from airport to the hotel, free phone calls, texts or emails and first aid, if necessary.
Furthermore, the passenger must be reimbursed of the value of the fare, including taxes and surcharges, or endorsed to another air carrier or rebooked to the next flight available without additional charge.