Authority, purpose, and policy intent
- The Maritime Industry Authority Board issues policy guidelines to upgrade and improve existing inter-island shipping services.
- The circular ensures protection of the public against unreasonable and unwarranted charges and against poor and inefficient service.
- The circular promotes uniform rules and regulations on ticket refund/revalidation, carrier decorum, and delayed and unfinished voyage.
- The circular establishes standards governing carriers’ obligations to passengers and passenger treatment.
Scope and who is covered
- The circular applies to all persons, corporations, firms and entities engaged in operating a domestic water transportation service.
- The service must be for commercial or public use.
- Coverage covers the carriage of passengers between and among various ports and places in the Philippines.
- The circular applies to inter-island liner vessels regarding refund/revalidation of passenger tickets, decorum, and delayed/unfinished voyage.
Definitions used in the rules
- Linear Service means domestic water transportation that publicly offers service without discrimination, has regular ports of call/destination, and has fixed sailing schedules and frequency.
- Contract of Carriage/Ticket means an obligation to transport persons or things from one place to another for a fixed price.
- Carrier means a person/corporation/firm/association that undertakes to transport persons or things indiscriminately for compensation.
- Vessel means a water transportation means engaged in carrying/transports passengers or goods and offering its services to the public.
- Refund means the amount reflected in the ticket paid back to the owner of the ticket who is not able to board the particular vessel bound to the person’s destination.
- Revalidation means accreditation of a ticket that is not used and intended for another voyage.
- Non-Transferability means only the person whose name appears in the ticket can use the ticket and it cannot be conveyed to another.
- Sailing Schedule is the vessel’s time of departure and arrival as provided for in the authority to operate (i.e., CPC/PA/SP).
- Decorum means propriety and decency of words, dress, and conduct of the carrier and its employees.
- Delayed Voyage is late departure from the port of origin and/or late arrival to the port of destination.
- Unfinished Voyage is failure to reach the port of destination.
- Unreasonable Delay is the time lapsed without just cause solely attributable to the carrier that prejudices transportation to the port of destination.
- Fortuitous Event is an occurrence by chance without cause or relation or without human intention.
- Mealtime is a period where meals are served between 0600 and 2200 hours, specifically:
- Breakfast: 0600 - 0800
- Lunch: 1100 - 1300
- Supper: 1800 - 2000
Carrier service obligations and ticket rules
- The carrier must carry passengers safely as far as human care and foresight can provide using the utmost diligence of a very cautious person with due regard for all circumstances.
- The carrier must provide ticket outlets/booking offices in all ports of call of the vessel.
- The carrier must observe the “NO TICKET, NO BOARDING” policy at all times.
- The carrier must ensure ticket conditions are imprinted at the back of the ticket for passenger information.
- The ticket is non-transferable and shall not be used by any person other than the named passenger.
- The ticket is valid only on the particular voyage indicated and shall not be honored if used in any other voyage.
- No refund is made on lost tickets.
Refund and revalidation assessments
- Ticket refund is assessed based on timing relative to vessel departure:
- More than 24 hours before vessel departure: Less P10.00
- Within 24 hours before vessel departure: Less 10% surcharge (but not less than P10.00)
- After vessel departure: Less 20% surcharge
- Ticket revalidation is assessed based on timing relative to vessel departure:
- Before vessel departure: Less P10.00 Service Charge
- After vessel departure: Less 10% surcharge
- If the vessel cannot depart on time and the delay is unreasonable, the passenger may opt for immediate refund from the authorized issuing/ticketing office without any refund service fee.
- No surcharge is collected in case of change of name if the ticket is presented before the departure date.
- Revalidation and refunds apply as set by the specified assessments and conditions.
Decorum standards for carriers and employees
- Passengers have the right to be treated with kindness, respect, courtesy and due consideration.
- Passengers are protected against personal conduct, injurious language, indignities, and abuses by the carrier and its employees.
- Any rude or discourteous conduct toward a passenger is a violation of this circular.
- Vessel complements on duty must at all times wear their respective uniform for easy identification.
- During embarkation and disembarkation, the complements concerned must be positioned strategically to assist passengers.
- A separate gang plunk must be provided for porters during disembarkation to carry passengers’ luggage/baggage and avoid disrupting passenger traffic flow.
- The carrier must collect/inspect passengers’ tickets within one (1) hour from the vessel’s departure to avoid disrupting passengers who are resting or sleeping.
- The carrier must not issue Cot on Board (COB) tickets.
Delayed and unfinished voyage obligations
- If the vessel cannot continue or complete its voyage for any cause, the carrier must transport the passenger to the destination at the carrier’s expense, including free meals and lodging, before transporting the passenger to the destination.
- A passenger may opt to have the ticket refunded in full if the cause of an unfinished voyage is due to the negligence of the carrier.
- A passenger may opt for a refund amount that will suffice to defray transportation cost at the shortest possible route if the cause of an unfinished voyage is a fortuitous event.
- If the vessel is delayed in arriving at the port of destination, the carrier must provide meals free of charge during mealtime.
- If the vessel’s departure is delayed at the port due to the carrier’s negligence, the carrier must provide meals free of charge during mealtime to ticketed passengers for the particular voyage.
- If the delay is due to a fortuitous event, the carrier has no obligation to serve free meals to the passengers.
- The carrier must duly inform passengers of the change in the sailing schedule of the vessel(s).
Due process, investigations, and hearings
- The Maritime Industry Authority or its Maritime Regional Offices investigate violations upon their own initiative or based on a written complaint or any other official report against a public service or operator.
- If warranted, the authority issues a SHOW CAUSE ORDER directing the respondent to explain in writing within a period provided in the show cause order why no administrative penalty or fine should be imposed.
- Notice and hearing follow MARINA Memorandum Circular No. 74-A, Series of 1995.
- The Rules of Court apply suppletorily to the provisions of Memorandum Circular No. 74-A.
- Cases involving violations of the Revised Penal Code are referred to the concerned Offices of the Prosecuting Service of the Government.
- The circular expressly preserves the rights of an aggrieved passenger and/or any other proper party to ventilate their case(s) in regular courts of law.
Administrative fines and repeat-violation sanctions
- Violations are subject to fines and penalties after due notice and hearing.
- For a first violation, the fine is P 5,000.00 plus warning.
- For a second violation, the fine is 10,000.00 plus suspension of CPC/PA/SP.
- For a third violation, the fine is 25,000.00 plus cancellation or revocation of CPC/PA/SP.