KNOW YOUR ‘AIR RIGHTS’
‘Auction system’ in cases of overbooking emphasizes that passengers cannot be forced to give up their seats
A video of a Chinese man dragged by police officers from an overbooked United Airlines flight went viral on Monday on social media and sparked the public’s interest in their rights in case the same situation arises.
This Holy Week, people are expected to travel either by land, sea, or air. Overbooked flights and delays are likely to happen.
Based on the joint Department of Transportation and Communications-Department of Trade and Industry Administrative Order 1, or the Air Passenger Bill of Rights, there are three major rights of an air passenger: (1) Right to be provided with accurate information before purchase, (2) Right to receive the full value of the service purchased, and (3) Right to compensation.
Under the Bill of Rights, a pas- senger can avail of refreshments or meals, free phone calls, text or emails, and first aid, if necessary, if the flight is delayed by at least three hours after the estimated time of departure.
A passenger can also rebook or refund his/her ticket and be endorsed to another carrier.
If the flight is delayed at least six hours after the estimated time of departure, the passenger can consider the flight cancelled for the purpose of availing the rights and amenities provided for in case of actual cancellation.
Amenities may include food and drinks as well as hotel accommodations.
The passenger will receive additional compensation equivalent to at least the value of the sector delayed.
The affected passenger can also board the flight if he/she has not opted to rebook and/or refund.
In case of a tarmac delay, a delay that occurs while passengers are already on board the aircraft, they can avail themselves of sufficient food and beverage.
Some people may not know this, but overbooking in airlines is allowed.
According to Elvin Quiray of the Civil Aeronautics Board, airlines are allowed to overbook by 10 percent to offset possible losses for no-shows.
In case of overbooking, an exception to the general rule under the right to board aircraft for the purpose of flight (under the second major rights of an air passenger), the airline/air carrier must look for volunteers willing to give up their seats.
If the number of volunteers is not enough, the air carrier shall increase the compensation package until the required number of volunteers is met.
This is known as the “auction system.”
Another problem when traveling by air is loss of or damage to baggage.
The passenger has the right to be informed of the fact of off-loading. For every 24 hours of delay, the passenger shall receive P2,000 compensation. /