Your Rights in the Skies: Legal Remedies to Common Airline Passenger Issues

Traveling can be exciting, but it also comes with its fair share of challenges. Whether it’s the frustration of lost luggage, the inconvenience of delayed flights, or the stress of sustaining an injury while abroad, these situations can turn an otherwise pleasant trip into a nightmare. Fortunately, Philippine laws and international agreements provide remedies to help passengers address these issues and seek fair compensation.

Lost, Damaged or Delayed Baggage

The Montreal Convention of 1999 (formerly, the Warsaw Convention) limits airline liability for lost or damaged baggage at 1,519 Special Drawing Rights (SDR) (approximately PHP 115,000, depending on currency rates) for international air travel. However, the Supreme Court has held that the Montreal Convention does not operate as an absolute limit of the extent of the liability of an air carrier for breach of contract of carriage.¹

The  Civil Code provides additional recourse, particularly when bad faith or negligence is proven. In Philippine Airlines, Inc. v. Court of Appeals², the Supreme Court ruled that an airline may be liable for moral damages if it acts with bad faith or negligence in handling passengers’ baggage or addressing their concerns.

In this case, the passengers’ checked-in baggage were offloaded at a layover without their consent and due to unjust preference over newly-loaded baggage. Further, the Court found that the Airline’s untoward response to multiple delays and unwillingness to aide in securing transportation and hotel accommodations compounded to its liability.

Delayed or Canceled Flights

The Air Passenger Bill of Rights³ ensures that passengers affected by delays or cancellations are entitled to:

• For delays of 2 hours or more: Free meals, refreshments, and communication access.
• For delays of 4 hours or more attributable to the airline: Compensation equivalent to the sector delayed, paid in cash or vouchers.
• For cancellations: Refunds, rebooking, endorsement to another carrier, or accommodations if necessary.

It Court has held that that should there be delayed flights or missed flights due to the airline’s fault, it is their obligation to provide the passengers with a new flight schedule, accommodations and transportation, if necessary. Failure to provide adequate assistance shall render the airline liable for moral damages to the aggrieved passengers.⁴

The Supreme Court has also recognized that delays and mishandling can warrant moral and exemplary damages. In Philippine Airlines, Inc. v. Savillo,⁵ the Court ruled that passengers subjected to unreasonable delays and distress caused by an airline’s negligence could seek damages for mental anguish, humiliation, and inconvenience. The Court emphasized that an airline’s contractual obligation extends beyond mere transport, it includes ensuring the comfort and dignity of its passengers.

Injuries During Travel

The Montreal Convention airlines are liable for personal injuries suffered during international carriage if the incident occurs on board or during embarkation/disembarkation. Liability may extend to medical expenses, lost income, and non-monetary damages. The Convention imposes a strict liability for accidents, up to 151,880 SDR (approximately PHP 1,150,000), unless the airline can prove it took all necessary precautions.

The Supreme Court has ruled that injuries, whether physical or emotional, caused by an airline’s negligence are actionable under the Civil Code’s quasi-delict provisions, allowing passengers to claim actual, moral, and exemplary damages.⁶

Steps to Protect Your Rights

• Document incidents: Keep tickets, boarding passes, and receipts, and take photos if necessary.
• Report promptly: File written complaints and retain copies of all correspondence.
• Pursue legal remedies: For unresolved issues, escalate the case to the Civil Aeronautics Board (CAB) or file a civil case under applicable laws.

Travel mishaps are more than just inconveniences, they are legal matters that airlines are obliged to address. Knowing your rights empowers you to take action, seek fair compensation, and avoid being left in limbo. However, navigating these legal processes can be complex and time-consuming.

Let AJA Law guide you through your legal journey. Our team of experienced lawyers is here to ensure your rights as an airline passenger are upheld. Whether it’s filing claims, negotiating settlements, or representing you in disputes, we’ll be your trusted advocate every step of the way. Contact AJA Law today and let us help you take the turbulence out of your travel woes!

Prepared by: Melissa Gielvert S. Lualhati

FOOTNOTES

1. Cathay Pacific Airwars, Ltd. v. Court of Appeals, et al., G.R. No. 60501, 05 March 1993.
2. Philippine Airlines, Inc. v. Court of Appeals, et al., G.R. No. 119641, 17 May 1996.
3. Civil Aeronautics Board Economic Regulation No. 9 (2012), as amended.
4. Philippine Airlines, Inc. v. Court of Appeals, et al., G.R. No. 119641, 17 May 1996.
5. Philippine Airlines, Inc. v. Hon. Savillo, G.R. No. 149547, 04 July 2008.
6. Zulueta, et al. v. Pan American World Airways, Inc., G.R. No. L-28589, 29 February 1972.