Some issues with the Air Passenger Bill of Rights (APBR)
Posted by mminieri on
URL: http://philippine-aviation-forum.259.s1.nabble.com/Rights-of-Airline-Passengers-in-the-Philippines-tp4575p2725.html
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.