TIM eMagazine Vol.3 Issue 12
MARINA to shipping operators: Uphold
passengers' rights at all times
T
o intensify and ensure the protection of the public
against inefficient shipping services, the Maritime
Industry Authority (MARINA) reminds shipping
operators to uphold passengers rights at all
times, especially in cases of cancelled, delayed, or
uncompleted voyages.
The MARINA clearly established the rights of
passengers in cases of cancelled, delayed, or uncompleted voyages
through MARINA Circular No. 2018-07 addressed to all owners and
operators of inter-island passenger liner ships.
In the MARINA Circular, the agency emphasized that all
passengers of a cancelled or delayed trip have the right to
information, right to refund or revalidation of ticket, right to
In the MARINA Circular, the agency emphasized that all passengers of a cancelled or
delayed trip have the right to information, right to refund or revalidation of ticket, right
to amenities, and right to compensation.
amenities, and right to compensation.
Trips are considered cancelled if it has been called off to more
than 24 hours from the scheduled departure or to an indefinite date
and time. This also covers trips where passengers have been denied
boarding due to overbooking or errors in booking.
If the voyage involved late departure from the point of origin
resulting to late arrival in the port of destination not exceeding
24 hours from the scheduled departure or arrival of the ship, it is
considered delayed.
Moreover, the passengers of an uncompleted voyage or any trip
that commenced but failed to reach its port of destination have
the right to information, right to comparable transport to intended
destination or to a place nearest thereto, right to amenities, and
right to compensation.
However, the MARINA noted that these rights are absolutely
applicable to passengers only if the cancelled, delayed, or
uncompleted voyage is caused by the shipping operator. These are
not applicable if the unfortunate event is caused by the passengers
themselves.
Also, some rights have relative application. The right to amenities
and the right to compensation apply only if the cancellation, delay,
or non-completion of the voyage is attributable to the operator.
These do not apply if it is of passenger’s fault or there were
extraordinary circumstances that occurred such as port traffic /
congestion or receipt of orders from competent authorities. It will
also not apply if the cause is a fortuitous event like a natural calamity
or any incident involving government intervention.
Furthermore, the right to refund or revalidation of ticket applies
for both cancelled and delayed voyages regardless of the cause,
including extraordinary circumstance or fortuitous event. The only
exception is if it is of passenger’s fault.
Finally, the right to comparable transport only applies to cases of
uncompleted voyages, even if the event is caused by a fortuitous
event.
The passengers are encouraged to refer to the whole text of the
MARINA Circular 2018-07 for complete details on these rights and on
the circumstances entitling them to exercise or avail of such rights.
It may be accessed via this link: https://marina.gov.ph/wp-content/
uploads/2018/11/MC-2018-07.pdf
The public is further encouraged to report non-compliance to
MARINA Circular 2018-007 by filing a complaint to the nearest
MARINA office for appropriate action.
If found guilty of non-compliance, the shipping operator will be
fined P 100,000 for each voyage for the first offense; P 200,000 for
each voyage and a five-day suspension of operations for the second
offense; and P 300,000 for each voyage and a ten-day suspension of
operations for the third offense.
Initial complaints may be sent to the MARINA’s Enforcement
Service (ES) via mobile number: 0995-400-7336 or email
address: [email protected]
marina.gov.ph
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