RULES ON UNACCOMPANIED MINOR Most airlines allow a child under the age of 18 to fly alone, and the rules and restrictions for what they call unaccompanied children are different for each airline. INTERNATIONAL RULES The term ‘unaccompanied minors’ was introduced into ICA Anne! " at the #i!th Meeting of the ICA $acilitation %anel in &'1'. (owe)er, there is currently limited international guidance a)aila*le on the treatment of unaccompanied minors. Meaning of “minor” Convention on the Rights of the Child, Article 1 + $or the purposes of the Con)ention, a child means e)ery human *eing *elow the age of eighteen years unless under the law applica*le to the child, ma-ority is attained earlier. UN Protocol on Trafficking in Persons, Especially Women Children! Child shall mean any person under eighteen years of age Meaning of “unaccompanied minor” . . . A child or infant tra)elling alone or with the Mem*er’s escort. /ICA0 IATA IATA Recommended Practice !"# . . . A child under the age of si!teen tra)elling alone or tra)elling only in the company of another child aged less than si!teen. An accompanying person is ‘anyone aged si!teen or o)er who is tra)elling with a child aged less than si!teen. This person will not necessarily *e the parent or legal guardian of the minor’. $roup% Of Minor% Tra&e''ing A'one 1. naccompanied naccompanied Minors Minors /M0+ 231&4 231&4 o*ligatory o*ligatory per IATA IATA to tra)el with with airline’s assistance4 registered and 5nown to crew &. 6oung 6oung passengers passengers /6%0+ 1&3184 1&3184 *elie)ed *elie)ed to manage on own4 own4 not registered registered 7. Minors Third Third %arty %arty /MT%0+ minors accompanied accompanied during their -ourney -ourney *y a third party that that is not a parentguardian4 not registered. IATA Recommended Practice !"#( Inter'ine )and'ing Procedure for Unaccompanied Minor% 1. %rocedures %rocedures apply to carriage carriage of M 9 1& 1& : at re;uest of of parentguardian parentguardian to M < 1& &. Mem*er airline responsi*le responsi*le for the safe safe deli)ery deli)ery of of M to the the recei)ing recei)ing carrier at the transfer station. 7. %roper %roper releas release e of M M to the recei)in recei)ing g party party =. M for form+ m+ Atta Attachm chmen entt A 2. >a*el >a*elta tag g for for M+ Attach ttachmen mentt ?
LOCAL LA*S $enera' La+ Art. 1@22. A common carrier is *ound to carry the passengers safely as far as human care and foresight can pro)ide, using the utmost diligence of )ery cautious persons, with a due regard for all the circumstances. Art. 1@2. In case of death of or in-uries to passengers, common carriers are presumed to ha)e *een at fault or to ha)e acted negligently, unless they pro)e that they o*ser)ed e!traordinary diligence as prescri*ed in Articles 1@77 and 1@22. Art. 1@2@. The responsi*ility of a common carrier for the safety of passengers as re;uired in Articles 1@77 and 1@22 cannot *e dispensed with or lessened *y stipulation, *y the posting of notices, *y statements on tic5ets, or otherwise. Art. 1@2". Common carriers are lia*le for the death of or in-uries to passengers through the negligence or wilful acts of the formerBs employees, although such employees may ha)e acted *eyond the scope of their authority or in )iolation of the orders of the common carriers. This lia*ility of the common carriers does not cease upon proof that they e!ercised all the diligence of a good father of a family in the selection and super)ision of their employees. Art. 1@'. The common carrierBs responsi*ility prescri*ed in the preceding article cannot *e eliminated or limited *y stipulation, *y the posting of notices, *y statements on the tic5ets or otherwise. Art. 1@&. The contri*utory negligence of the passenger does not *ar reco)ery of damages for his death or in-uries, if the pro!imate cause thereof is the negligence of the common carrier, *ut the amount of damages shall *e e;uita*ly reduced. Art. 1@7. A common carrier is responsi*le for in-uries suffered *y a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrierBs employees through the e!ercise of the diligence of a good father of a family could ha)e pre)ented or stopped the act or omission. Ordinance
FOR CHILDREN/MINORS TRAVELLING TO AND FROM DAVAO
%ursuant to City rdinance o. &="1, otherwise 5nown as the Da)ao City ChildrenBs Eelfare Code, it pro)ides that minors are not allowed to tra)el alone to and from Da)ao City without )alid reason or without clearance issued *y the %unong ?arangay or permit to tra)el certification coming from the City #ocial #er)ices and De)elopment office, City of Da)ao.
PAL
Unaccompanied Minor Children aged eight to *elow twel)e years of age may *e allowed to tra)el alone. Re,uirement% for Internationa' -'ig.t%( D#ED Tra)el Clearance. Application forms can *e o*tained from any D#ED field office or can *e downloaded from the D#ED we*site / .ttp(//+++0d%+d0go&0p.0 A ser)ice fee shall *e assessed on each unaccompanied minor 8311 years of age for tra)el on %A> international and domestic routes. The unaccompanied minor ser)ice per %ector fee shall *e as follows+
COUNTR1
SER2ICE -EE per SECTOR
?etween Manila and #ACanada
#D @2
?etween %hilippines and Fegionals /direct flights0 including Guam and India
#D 2'
Eholly Domestic %hilippines
%(% 2''
LOCAL CURRENC1 E3UI2ALENT COUNTR1
SER2ICE -EE per SECTOR
A#TFA>IA
AD 8'
CAADA
CAD "'
C(IA
C6 72'
(G HG
(HD 7"'
IDIA
IF &,&2'
ID#IA
#D 2'
JA%A
J%6 ,'''
HFA
HFE 2,'''
MACA
M% =''
#IGA%F
#GD @2
TAIEA
TED 1,@''
T(AI>AD
T(? 1,"''
#A
#D @2
KITAM
#D 2'
The naccompanied Minor #er)ice fee is refunda*le. Fefund will only *e allowed for the following cases+ 1.
%assenger does not want to push through with hisher flight
&.
An accompanying adult is a)aila*le
7.
%assenger re*oo5s flight and turns 1& on new flight date
=.
$light disruptionscancellations
Refund Po'ic4 1.
utright refund for cash payments
&.
$or credit card payments, must su*mit to refund section /full refund0, for credit ad-ustment only
Details a*out the minorBs meeting party at destination and other pertinent information must *e arranged *y the parent or guardian with %A> Feser)ations office or tic5et office at the time of *oo5ing. CE5U PACI-IC Children *elow @ years old will not *e accepted for carriage unless they are accompanied *y a person of at least 12 years of age. Children aged @ to *elow 1& years old will *e accepted only after the naccompanied Minors $orm is accomplished and su*mitted and the prescri*ednaccompanied Minor (andling $ee is paid. $or $ilipino minors tra)elling to a foreign country, please chec5 the rules go)erning minor tra)el as issued *y the Department of #ocial Eelfare and De)elopment.
$or minors with foreign nationalities, please chec5 the rules go)erning minor tra)el as issued *y your respecti)e go)ernments.
General terms and conditions of carriage @.2.7 Children, "inors and Unaccompanied "inors @.2.7.1 $or tra)el within the %hilippines, unaccompanied minors who are se)en years to less than 1& years old must *e endorsed *y parentsguardians. (owe)er, those a*o)e 12 years old may chec53in unaccompanied. They may *e accepted for carriage if+ •
Airline is furnished a copy of the tra)el documents re;uired of minors4
•
%rescri*ed naccompanied Minor (andling $ee is paid4 and
•
Fe;uired special handling form is accomplished and su*mitted to the Airline. The Airline will not accept domestic carriage of children *elow se)en /@0 years of age unless they are accompanied *y a person at least 12 years of age.
@.2.7.& $or International tra)el, unaccompanied minors who are 1& years to less than 12 years old must *e endorsed *y parentsguardians. A*o)e 12 years old may chec53in unaccompanied. They may *e accepted for carriage if+ •
Airline is furnished a copy of the tra)el documents re;uired for minors4
•
%rescri*ed naccompanied Minor (andling $ee is paid4 and
•
Fe;uired special handling form is accomplished and su*mitted to the airline.
The Airline will not accept international carriage of minors *elow twel)e /1&0 years of age unless they are accompanied *y a person at least 18 years of age. •
Da)ao City ordinance no. '&"&3''7''23'' 5nown as the Comprehensi)e Children and $amily #upport 1.
If a child minor is tra)eling alone, parents guardian need to secure permit to tra)el from the City #ocial #er)ices and De)elopment ffice /C##D0. ?elow are the re;uired documents for one to get permit to tra)el+ a.
?irth certificate of the minor /original and photocopy0
*.
?arangay clearance issued *y the %unong ?arangay L stating that the *arangay has 5nowledge of the tra)el plans of the minor
c.
Eritten parental consent attested *y the %unong ?arangay /if no parents, consent shall *e made *y the grandparents or the eldest si*ling0
d.
Identification card of the minor /original and photocopy0
e.
Identification card of the authoried person who will accompany the child in his tra)els /original and photocopy0
&.
If a child minor is tra)eling with *oth or any of his parents, there is no need to %ecure permit to tra&e' as long as there is document to pro)e of the minor’s relation such as+ a.
?irth certificate
*.
Kalid Ids
AIR ASIA 6EST Unaccompanied Minor% 7UM8 Any guests under 9 4ear% o'd on the day of tra)el are not permitted to tra)el unaccompanied. They must tra)el with an adult of 18 years old and a*o)e. 1oung Pa%%enger Tra&e''ing A'one 71PTA8 Guests from 1& 3 under 1 years old are considered to *e 6%TA and therefore are a*le to tra)el unaccompanied upon parent or guardian completing and signing our Felease and Indemnity form for acceptance of 6%TA at the chec53in counter. Ee re;uire the parent or guardian to remain at the airport until the flight is air*orne. 6%TA will not *e allowed to accompany a minor under 1& years old. Guests from 1 3 18 years old may tra)el without completing any forms and are treated as adults4 howe)er, they will not *e allowed to accompany guests under 1& years old
APPLICA5LE :URISPRUDENCE
PAL 2S CA G.F. o. 1&7&78 Sept 99; 9<<= Ehen an airline issues a tic5et to a passenger, confirmed for a particular flight on a certain date, a contract of carriage arises. The passenger has e)ery right to e!pect that he *e transported on that flight and on that date, and it *ecomes the airline’s o*ligation to carry him and his luggage safely to the agreed destination without delay. If the passenger is not so transported or if in the process of transporting, he dies or is in-ured, the carrier may *e held lia*le for a *reach of contract of carriage In *reach of contract of air carriage, moral damages may *e reco)ered where /10 the mishap results in the death of a passenger4 or /&0 where the carrier is guilty of fraud or *ad faith4 or /70 where the negligence of the carrier is so gross and rec5less as to )irtually amount to *ad faith. 12
Gross negligence implies a want or a*sence of or failure to e!ercise e)en slight care or diligence, or the entire a*sence of care. It e)inces a thoughtless disregard of conse;uences without e!erting any effort to a)oid them. 1 In #ingson ). Court of Appeals, 1@ we ruled that a carrier’s utter lac5 of care for and sensiti)ity to the needs of its passengers constitutes gross negligence and is no different from fraud, malice or *ad faith. >i5ewise, in %hilippine Airlines, Inc. ). Court of Appeals, 18 we held that a carrier’s inattention to, and lac5 of care for, the interest of its passengers who are entitled to its utmost consideration, particularly as to their con)enience, amount to *ad faith and entitles the passenger to an award of moral damages. It is worth emphasiing that petitioner, as a common carrier, is *ound *y law to e!ercise e!traordinary diligence and utmost care in ensuring for the safety and welfare of its passengers with due regard for all the circumstances. 1" The negligent acts of petitioner signified more than inad)ertence or inattention and thus constituted a radical departure from the e!traordinary standard of care re;uired of common carriers.
