Adsense

Airline Conditions of Carriage: Why You Cannot be Unruly

They are the most important part of an airplane ticket but no one simply pays attention to it until its too late. In order to purchase your plane ticket, you have to agree to a contract and this comes in the form of a Conditions of Carriage. In other words, when you purchase a plane ticket, you subject yourself to the airline's rules and regulations which are actually approved by a country's governing commercial aviation laws and policies.

Gary Sato


So in other words, you have no choice but to really  follow these rules which you agreed to. If you did not read them because either you were too lazy or you found it too long, then its still totally not an airline's fault.


A Condition of Carriage or Contract of Carriage is a Binding contract (usually demonstrated by any airway bill, lading bill, or ticket of a passenger) which includes terms of transportation that state the duties and privileges of a transporter and a passenger/shipper. The transporter takes the responsibility of delivering passengers/ goods from a given point of departure to a given destination, in exchange of fare/freight. . This contract tackles issues particularly related to things being carried, liability associated with it, and remuneration for damage, injuiry, or loss to the passengers/goods is measured, allocated, and paid. In passenger transport industries like cruise ship, airline etc. it also includes the transporter. (Source: https://thelawdictionary.org/contract-of-carriage/)

The Conditions of Carriage are their for your safety and that of every passenger. Simply the same as the constitution of a country. 

Allow us now to highlight some parts of the Conditions of Carriage of some of our local airlines which you actually agree to when you purchase a plane ticket. This will also show you why airlines have the right to refuse boarding and to have you arrested for unruly behavior particularly to the ground and flight crew, especially when they are simply implementing rules and regulations.

Cebu Pacific Clause 11 of their Conditions of Carriage:
​Clause 11 – Passenger ConductThe Passenger will conduct himself within the airport and onboard the aircraft in a manner consistent with existing aviation Regulations and mindful of the courtesy customarily extended by reasonable persons to other Passengers and Airline crew. The Passenger must follow the directions of any Airline crew.
11.1 Misconduct11.1.1 The Airline may take such measures as it deems reasonably necessary, including the use of physical restraint, if in its reasonable opinion:

  1. the Passenger’s conduct endangers any other Passenger, or person or property within the airport or onboard the aircraft, or obstructs or hinders the crew in the performance of their duties;
  2. the Passenger has failed or refused to comply with any appropriate instruction of the crew on the observance of aviation Regulations, including those relating to smoking, consumption of alcohol, use of mobile phones; or
  3. the Passenger uses any threatening, abusive or insulting words or conduct towards the crew or behaves in a manner that causes discomfort, inconvenience, (except on flights to or from the United States and such behaviour, discomfort or inconvenience is the result of a qualified disability and does not present a risk to the safety of the aircraft or other passengers) damage or injury to other persons or property.

11.1.2 The Airline may compel the Passenger to leave or disembark and refuse onward carriage at any point and the Passenger will be prosecuted for offenses committed within the airport or onboard the aircraft.
11.1.3 The Airline will hold the Passenger liable for all costs, damages and liabilities that the Airline may incur as a result of any misconduct or diversion of the aircraft to offload the Passenger.
(Source: 
https://www.cebupacificair.com/pages/plan-trip/conditions-of-carriage/cebupacific-general-terms-and-conditions-of-carriage)

PAL Express Conditions of Carriage Article 7, Section 1, Clause G:
​(g) Such refusal or removal is reasonably necessary for the security, safety or comfort of other Passengers or APC’s employees; or to prevent damage to the property of APC or of its Passengers or crew or employees, including, but not limited to the following instances: 
1. When you assault, intimidate or threaten, whether physical or verbal, any of APC’s ground staff, crew members or other Passengers;
2. When you create a disturbance which interferes with the duties of the ground staff, flight crew or when the disturbance necessitates the pilot-in-command or any member of the cockpit crew to leave the cockpit to attend to the same;
3. When you refuse to follow a lawful instruction given by the pilot-in-command, or on behalf of the pilot-in-command, or by a crew member for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board;
4. When you commit an act of physical violence, sexual assault, or child molestation, against other persons;
5. When your conduct results or may result to a risk of harm or damage to the aircraft, or properties belonging to APC, its Passengers, or employees;
6. When you refuse to submit to a security check;
7. When you refuse to follow APC’s policy on smoking and use of alcoholic beverages and drugs;
8. When you tamper with the smoke detector or any other safety-related device on board the aircraft;
9. When you fail to comply with safety regulations, including fastening seatbelts when required;
10. When you use portable electronic device when such is prohibited;
11. When you are not properly clothed;
12. When you have a contagious disease which may be transmitted to others during the fight;
13. When the Passenger who may have been required to present medical clearance in accordance with applicable laws, rules, and government regulations, failed to submit said medical certificate and where it appears that he/she cannot complete the flight without requiring medical assistance;
14. When your conduct is disorderly, abusive, offensive or violent;
15. When your conduct results or may result to a risk of annoyance, offense or disturbance to other Passengers;
16. When you have made a hoax bomb or other security threat;
(Source: 
https://www.philippineairlines.com/AboutUs/LegalNotices/GeneralConditionsOfCarriage/GeneralConditionsFullVersion2P)


Philippine Airlines Conditions of Carriage Article 7, Section 1, Clause G:
​(g) Such refusal or removal is reasonably necessary for the security, safety or comfort of other Passengers or PAL’s employees; or to prevent damage to the property of PAL or of its Passengers or crew or employees, including, but not limited to the following instances:

  1. When you assault, intimidate or threaten, whether physical or verbal, any of PAL’s ground staff, crew members or other Passengers;When you assault, intimidate or threaten, whether physical or verbal, any of PAL’s ground staff, crew members or other Passengers;
  2. When you create a disturbance which interferes with the duties of the ground staff, flight crew or when the disturbance necessitates the pilot-in-command or any member of the cockpit crew to leave the cockpit to attend to the same;
  3. When you refuse to follow a lawful instruction given by the pilot-in-command, or on behalf of the pilot-in-command, or by a crew member for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board;
  4. When you commit an act of physical violence, sexual assault, or child molestation, against other persons;
  5. When your conduct results or may result to a risk of harm or damage to the aircraft, or properties belonging to PAL, its Passengers, or employees;
  6. When you refuse to submit to a security check;
  7. When you refuse to follow PAL’s policy on smoking and use of alcoholic beverages and drugs;
  8. When you tamper with the smoke detector or any other safety-related device on board the aircraft;
  9. When you fail to comply with safety regulations, including fastening seatbelts when required;
  10. When you use portable electronic device when such is prohibited;
  11. When you are not properly clothed;
  12. When you have a contagious disease which may be transmitted to others during the fight;
  13. When the Passenger who may have been required to present medical clearance in accordance with applicable laws, rules, and government regulations, failed to submit said medical certificate and where it appears that he/she cannot complete the flight without requiring medical assistance;
  14. When your conduct is disorderly, abusive, offensive or violent;
  15. When your conduct results or may result to a risk of annoyance, offense or disturbance to other Passengers;
  16. When you have made a hoax bomb or other security threat;

(Source: ​https://www.philippineairlines.com/AboutUs/LegalNotices/GeneralConditionsOfCarriage/GeneralConditionsFullVersion)

Philippines Air Asia Conditions of Carriage Article 7.1
​7.1 Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:

  • such action is necessary for reasons of safety or security;
  • such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
  • your conduct, status, age or mental or physical condition or the physical condition of your baggage is such: 
    (i) as to cause reasonable fear of harm, to other passengers or to our crew; or 
    (ii) that you may pose a hazard or risk to yourself, other persons or to property;
  • you have committed misconduct on a previous flight and there is a reasonable likelihood that such conduct may be repeated;
  • you have not observed, or are likely to fail to observe, our instructions;
  • you have refused to submit to a security check;
  • the applicable fare or any charges or taxes payable have not been paid;
  • the payment of your fare is fraudulent;
  • you do not have the proper documents for travel;
  • the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;
  • the credit card by which you paid for the fare has been reported lost or stolen;
  • the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
  • the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation);
  • the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance); and/or

(Source: https://www.airasia.com/my/en/about-us/terms-and-conditions-z2.page)

CebGo Conditions of Carriage Clause 11.1
The Passenger will conduct himself within the airport and onboard the aircraft in a manner consistent with existing aviation Regulations and mindful of the courtesy customarily extended by reasonable persons to other Passengers and Airline crew. The Passenger must follow the directions of any Airline crew.
11.1 Misconduct:
11.1.1 The Airline may take such measures as it deems reasonably necessary, including the use of physical restraint, if in its reasonable opinion:

  1. the Passenger’s conduct endangers any other Passenger, or person or property within the airport or onboard the aircraft, or obstructs or hinders the crew in the performance of their duties;
  2. the Passenger has failed or refused to comply with any appropriate instruction of the crew on the observance of aviation Regulations, including those relating to smoking, consumption of alcohol, use of mobile phones; or
  3. the Passenger uses any threatening, abusive or insulting words or conduct towards the crew or behaves in a manner that causes discomfort, inconvenience, (except on flights to or from the United States and such behaviour, discomfort or inconvenience is the result of a qualified disability and does not present a risk to the safety of the aircraft or other passengers) damage or injury to other persons or property.

11.1.2 The Airline may compel the Passenger to leave or disembark and refuse onward carriage at any point and the Passenger will be prosecuted for offenses committed within the airport or onboard the aircraft.
11.1.3 The Airline will hold the Passenger liable for all costs, damages and liabilities that the Airline may incur as a result of any misconduct or diversion of the aircraft to offload the Passenger.

(Source: https://www.cebupacificair.com/pages/plan-trip/conditions-of-carriage/cebgo-general-terms-and-conditions-of-carriage)

We suggest to read the Conditions of Carriage of the airline before purchasing your ticket so you know what you are actually subjecting yourself to. The ground and flight crew have all the right to implement these and cannot be contested especially after you have agreed to them by ticking that "I agree" button before finalizing your ticket purchase.

Please obey your crew especially if they are performing their duties expected from them by the airline. These include asking for your boarding pass when you board the aircraft, briefing you about the emergency exit door, doing safety demos, telling you to fasten your seatbelts, and so on.

​Not only are they for your safety, but you simply agreed to that you will obey your flight crew when you purchased your plane ticket.

Post a Comment

0 Comments

post-body img { width: 100%; height: auto }