Some issues with the Air Passenger Bill of Rights (APBR)

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Some issues with the Air Passenger Bill of Rights (APBR)

mminieri
There is a central question regarding the application of the APBR section on "DISCLOSURE". The question is "Does it apply ONLY to the Contract of Carriage (CoC) or does it imply disclosures must also be made "elsewhere" particularly in the case of ON-LINE bookings"?

Other than the requirement that the CoC be explained to the passenger at the time of purchase, the remainder could be addressed by a set of criteria to be met in order for the CoC to be APPROVED by the regulatory agency. This would also mean the the airlines' on-line  ticketing function would need to include ONLY a link to the CoC.

The "disclosure" section of the APBR would seem to be of benefit to air passengers ONLY if it requires the key and essential information to be included on the Itenerary with the passenger allowed to accept or cancel what is stated there. If you consider that there are at least 4 separate documents (Itenerary, CoC, Warsaw Convention and Montreal Convention) a person would need to read 60+ verbose pages before every booking (in case of changes) as a matter of "ordinary diligence" in the course of purchasing an airline ticket.

I have posed this question to the CAB/DTOC, but if you should know of anyplace where this has been "officially" clarified in some way (court case, agency decision, etc.) Please let me know.
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Re: Some issues with the Air Passenger Bill of Rights (APBR)

Arianespace
Administrator
Before you are confused further, APBR applies only to domestic carrier operating in the Philippines. Online and interline in the Philippines, yes. International No. It does not bind international airlines. That would be covered by Warsaw as amended by Montreal Convention. COC as to operating airline only. You must prove which one is the cause of the cause. Of course you have to read the terms and conditions of fare, first and foremost, and then the carriage. That is SOP.
Making Sense
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Re: Some issues with the Air Passenger Bill of Rights (APBR)

mminieri
Part of your response does not seem to be consistent with SECTION 3 of the APBR....just FYI
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Re: Some issues with the Air Passenger Bill of Rights (APBR)

Arianespace
Administrator
My answer would still be the same (no application to international carriers) when we are talking about "online" and "interline" disclosures, section 3 notwithstanding. You can however argue that in court. Good luck to that.

http://www.cab.gov.ph/downloads/air-passenger-bill-of-rights

central question regarding the application of the APBR section on "DISCLOSURE". The question is "Does it apply ONLY to the Contract of Carriage (CoC) or does it imply disclosures must also be made "elsewhere" particularly in the case of ON-LINE bookings"?
Making Sense