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The Jester-in-Exile

No Hear, No Fly?

November 26th, 2008 at 4:01 pm by The Jester-in-Exile

(Hat tip to Jon for the story.)

Last April 26, 2008, Filipino Deaf From the Eyes of a Hearing Person shared a story about how ten persons were not allowed to board a Cebu Pacific flight to Boracay on account of being deaf, recounting the details related to an op-ed piece on the matter by Raul Pangalangan on the Inquirer.

On August 24, 2008, the very same blog shared a reaction entitled Are deaf people considered as a flight risk?, written in response to a comment posted apparently by a flight attendant apparently not of the same airline, who defended Cebu Pacific’s actions.

As of this posting, there is nothing in cyberspace speaking of Cebu Pacific’s stand on the matter.

Does this logo then make sense (image from Filipino Deaf From the Eyes of a Hearing Person)?

No Hear No Fly?

Your reactions, folks.

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Filed Under Business & Economy, Society


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46 Responses to “No Hear, No Fly?”

  1. Karl Garcia says:

    Sorry for beeing off topic,
    this is a different disaility and a different airline. I have an autistic savant brother,the bondying type who still cries like a pig squealing,he was almost not allowed to board and even asked to leave the airport,he was with my is then.they have to call long distance so that airport security can talk to my dad, my dadtold them that they should know how to handle this situations and they should not treat people that way,it was more than fifteen years ago nalimutan ko na siguro tumahan na din ang utol ko kaya pinasakay din or maybe it was the position of my dad at that time,pero nakakainis ang treatment nila.

    I understand that during that time parang di pa naintindihan ng tao ang difference ng ibat ibang klase ng autism at wala ring policy ang airlines at airports kung pano ihandle ito.It was only a few years ago when awareness and advocacy groups and even government came to the picture, me ID na nga sya ngayon na nakalagay kung ano ang disability nya.

    Eto naman case na ito,I am sure the incident will turn out for the better,maybe the crew will be thought sign language,or maybe the deaf people can be trained for lip reading.And more importantly,MULTITASKING skills might be improved.
    sana naman.

    Now as to how I feel,NAKAKAINIS.

  2. Jon Limjap says:

    The irony of this case is that the policy is justified by the fact that it is difficult to communicate with deaf persons. It means that if a person is a non-English speaker/reader, they should also not be allowed on the flight unless accompanied by an English speaking companion.

    I’ll try to find out the names of the people involved here, and perhaps ask them if they are interested in filing a class-action suit regarding the matter.

    Hindi dapat palampasin ang mga ganitong bagay.

  3. Karl Garcia says:

    now that you have mentioned it Jon;class action suit nga pala ang sinabi ni erpat sa airport at airline personnel.

    Hindi nga dapat palampasin,so a class action suit might be suggested to those involved in the incident.

  4. blackshama Blackshama says:

    Cebu Pac should look into this. The only thing the airline can require is that Deaf people should be advised to look at the aircraft warning signs always.

    If people with dietary restrictions can advise carriers about their needs, and the elderly and those unable to walk can advise for wheelchairs I’m sure deaf people can advise carriers about their needs too.

    I don’t think this is a problem.

  5. Ironically,Cebu Pacific has just been named the “Marketing Company of The Year” by the Phil.Mktg.Association.Such is life.

  6. The Ca t says:

    I do not know why deaf people are flight risks.

    when you call a flight attendant, you don’t have to shout, you merely press the button.

    During old times, the flight attendant mimicked the deaf by using body language to demonstrate the what-to-dos during emergency.

    There are two types of deaf, the deaf and mute and the hearing-impaired.

    The hearing impaired can talk but can’t hear; the deaf and mute can’t. The last type use the ASL.

    Inside the coach, there are not a lot of verbal warnings because they have the lights for every instruction…buckle the seat belt…no smoking …blah blah.

    i rather sit with a deaf and mute that a talkative guy in a plane especially when i want to take advantage of the time when i can take my forty winks before i get to my busy schedule ahead.

    the wireless technology aka mobile phone has to improve their technology to enable the hearing impaired to use the phones.

    Why are texts introduced?

  7. The Ca t says:

    i did not mean that the texts were introduced for people with hearing disability.

    when the mobile phone was just crawling in its infancy stage, hearing impaired people (those who have at least 40 per cent hearing remaining.

    Elderly people suffer from this kind of disability.

    aside from the twchnology provided for the volume adjustments for cell phones, the new models are equipped for hearing impaired.

    the Philippines should give more protection for disable people.

    I want to commend jester for posting this article.

  8. The Ca t says:

    And to jon too for the story.

  9. joma says:

    in saudi arabia, those with physical handycap is charge half-fare providing they are accompanied by a physically stable person who is charge the other half.

  10. benign0 says:

    You can tell the character of a society by the way it treats the least of its citizens.

    Beyond deaf people and into the banal way by which our society tolerates people living and eating off mounds of garbage, how we routinely allow thousands of lives to be risked in our pathetic passenger shipping industry, how thousands continue to live under the threat of being buried alive under the next mudslide.

    All that while we quibble about the latest political circus.

  11. leytenian says:

    in the medical context, loud noise such as airplane noise and changing altitude can cause severe discomfort or even severe pain during and after landing for an already damage or a very sensitive ears. worst case scenario the pressure from vibration, loud noise and high altitude may cause nerve damage and may result to facial paralysis. The ten deaf people requires more crew.

    And Boracay may not have the emergency ( after landing) specialty for this type of cases. ( Doctor specializing in EYES, Nose and Throat -ENT)

    It is a business liability either, physical damage or discriminatory. The laws in our country do not exist. Is there any legislation regarding this case? it is one disable per one airline crew? or what is the ratio between 10 deaf to flight attendant?

  12. leytenian says:

    passenger flights to boracay are very limited in numbers ( 12-16) the airport is too short for a big plane to land. Same thing as the flight from Manila to El Nido or Amanpolo Palawan. The plane is too noisy and it can hurt someone’s ears. A clear safety policy from the part of the airlines must be clear to passengers. For international flight ratio, i think it is 4 disabled to 1. The 1 is the companion not flight attendant. Without companion, it is 1 :1 ( flight attendant) Not sure but please research…

  13. BrianB says:

    I think it’s a problem when all people on board are deaf.

  14. baycas says:

    pilots may be deaf too.

    —–

    Deaf Passengers Get Compensation And Apology Over Incident…

    http://www.mnddc.org/news/inclusion-daily/2004/05/052004ukadv.htm

  15. Flight attendants can be more deaf (and blind) than those who are really deaf. You call them for a refill, they pretend not to hear you. You make a hand gesture for a deck of cards, they pretend not to see you. And then you meet an old friend named ‘Joaquin’ on board and greet him with excitement, “HI JACK !!!” … and they’re ALL EARS.

  16. [...] 2008 by rom There are many scenarios in an airplane emergency where deafness would not be an issue. But what about [...]

  17. UP n grad says:

    The Philippines does not have it (a law against accessibility-rights for Filipinos with disabilities) so Cebu Pacific would have acted legally.

    The USA has a law — Air Carrier Access Act of 1986 (ACAA).

    http://www.pai-ca.org/pubs/538801.pdf

    BUT even under this law, a US carrier can still deny access (or require the passenger to have an attending companion), when:

    • a person has a severe mobility impairment that prevents him or her from assisting in his or her own evacuation from the plane; or,
    ª a person has severe hearing and vision impairments that prevent him or her from communicating with airline personnel to receive safety information.

  18. UP n grad says:

    In a serious emergency, an impaired passenger unable to assist himself/herself in his/her own evacuation can also hinder other passengers from getting to safety.

  19. your insights are valuable, folks… and am i correct in assuming you good folks aren’t hearing impaired?

    i’d sure like people who are to put in their two cents.

  20. The Ca t says:

    In APril, the Tiger Airlines of Australia allowed the deaf passengers to board after they insisted that it was discriminatory to prevent them from flying because they have no “carer”.

    But they were given a written notice that next time, they will be refused to board for safety reason.

    The deaf passengers brought the case to the watchdog agency which pointed the oversealous implementation to the untrained attendants and budget airlines.

    The airline apologized to the passengers when it found that their airline has no written policy to deny deaf passengers from flying.

    The Australian’s parliamentary secretary on disabilities ruled that it is wrong.

  21. Conyo says:

    Lets all meet at Starbucks wearing yellow to symbolize the cowardice of Cebu Pacific.

    Such a protest should knock their board members into submission.

    See you at Starbucks :)

  22. joma says:

    But nobody has bothered to ask Cebu Pacific’s intention – all I hear are speculations.

  23. baycas says:

    We are all temporarily able (as disability rights activists would like to refer to every able-bodied individuals). This serves as a reminder that we may, at some point, develop disabilities due to accidents, illnesses, or aging.

    Hearing impairment is one of the sensory disabilities. The impairment may be easily missed or be unrecognized by another individual without direct contact with the hearing-impaired one. Safety concerns inside an aircraft is of utmost importance and therefore disabled persons should declare their impairment way before the flight for necessary precautions and preparedness to be in place prior to travel. This will ensure a safe flight for everyone.

    Cebu Pacific Air (or possibly any other airline) is ready for the needed arrangements for those people who are incapacitated. I don’t know when the website was put up in the internet but presently these the company has to say:

    a. Cebu Pacific Air – It’s time everyone flies

    b. Online Help: Special Needs page –
    Do you offer assistance to elderly and handicapped guests?
    Yes. Please coordinate with our Call Center at (+632) 70-20-888 or (+6332) 230-8888 at least 3 days prior your departure date.

    I called up the Cebu Pacific’s number and I was told that a necessary form (the INCAD form) must be filled up and duly submitted days before the departure. A temporary able-bodied accompanying person is recommended (but not necessarily required) to join the handicapped guest of the carrier. In the occasion of a group travel for disabled persons (a case of a group of hearing-impaired individuals – this I particularly asked), the carrier requires one (1) able-bodied coordinator for every five (5) deaf individuals. Whether in single or group flight, the airline should be notified of travel by disabled person/s ahead of the departure time. Safety concern for everyone is the reason. The call center guy also mentioned that they have the right to refuse any disabled person if such requirements are not met prior to the flight.

    I certainly don’t know if this special arrangement was already in place during the Boracay flight cited in this blogpost.

    —–

    Our accessibility law (BP Blg. 334) and Republic Acts 7227 and 9442 protect the rights of the disabled. The ratification by the Senate of the UN Convention on the Rights of Persons with Disabilities will surely strengthen these laws.

    —–

    Yes, a disabled may sometimes require an attendant. I hope, to be applied here in RP, the attendant’s or companion’s fare is free of charge…as America’s Air Carrier Access Act says so.

  24. leytenian says:

    “The ratification by the Senate of the UN Convention on the Rights of Persons with Disabilities will surely strengthen these laws.”

    great job baycas . thank you very much. you remove the confusion of the confused people here in this blog :)

  25. The Ca t says:

    Our accessibility law (BP Blg. 334) and Republic Acts 7227 and 9442 protection

    May be you mean Batasang Pambansa Blg. 344.
    BP Blg 334 is about changing the name of a school.

    Maybe you mean Republic Act 7277, the Magna Carta of Disabled..
    Republic Act 7227 is about Conversion of Bases.

    A temporary able-bodied accompanying person is recommended (but not necessarily required)

    This is the policy of the company and the reason for the denial of the service was the same.

  26. baycas says:

    Yup, i was mistaken…

    Batas Pambansa 344:
    http://wallis.kezenfogva.iif.hu/eu_konyvtar/projektek/vocational_rehabilitiation/philippi/phi_rap/leg_4.htm

    and

    Republic Act 7277:
    http://www.chanrobles.com/republicactno7277.htm

    —–

    “but not necessarily required”

    From what I got from the call center agent, this is meant only for a single disabled individual taking a Cebu Pacific Air flight.

    Probably, the more appropriate statement would be “An able-bodied accompanying person is preferred to join the handicapped guest of the carrier.”

    However, in group travel by handicaps, an accompanying person (or aptly referred to as a coordinator) is required. In the case of a group of hearing-impaired individuals, a 1-coordinator-to-5-deaf ratio (as stated above) was given.

    —–

    I really don’t know the circumstances involved in the cited Boracay flight. But from what I may gather (in my limited search in cyberspace and a telephone conversation) is that a Cebu Pacific Air procedure has to be met before allowing disabled person/s to travel with the carrier (with safety of the guest/s primarily considered). The “denial of service” may have been warranted.

    The policy of requiring disabled individual/s to notify the carrier of his/her/their special needs at least three (3) days before the flight may also be an aftermath of the Boracay flight incident. I don’t know when Cebu Pacific posted the webpage on Special Needs and I didn’t ask the call center agent when the policy started.

    —–

    So, “no-hear-no-fly?”

    I guess not…judging from their slogan “Cebu Pacific Air – It’s time everyone flies.”

    Let us seek further the carrier’s side on this matter.

  27. The Ca t says:

    7.3 Special Assistance
    Acceptance for carriage of incapacitated guests, guests with illness or other guests requiring special assistance is subject to arrangement with us at least three (3) days prior to the scheduled flight. Without prejudice to paragraph 6.1, guests with disabilities who have advised us of any special requirements they may have at the time of booking of the Seat and been accepted by us upon our reasonable determination that we have the necessary facilities and the ability to meet their special requirements shall not subsequently be refused carriage on the basis of such disability or special

    this is what i gathered from the cebu pacific from their website that if i am going to book a flight, this is the guidelines that i am going to follow.

    if i were deaf or hearing impaired and i do not need special requirements (not unless they’re going to provide amplifiers or hearing aids) or someone who could use ASL, why am i going to call them?

  28. baycas says:

    Three points in Item 7.3 Special Assistance of sub-heading VII. Refusal and Limitation of Carriage of the Online Terms & Conditions:

    a. “Acceptance for carriage of incapacitated guests is subject to arrangement with us at least three (3) days prior to the scheduled flight;”

    b. “Acceptance for carriage of guests with illness is subject to arrangement with us at least three (3) days prior to the scheduled flight;”

    or

    c. “Acceptance for carriage of other guests requiring special assistance is subject to arrangement with us at least three (3) days prior to the scheduled flight.”

    —–

    If I were deaf or hearing impaired and I do not need special requirements and even if I am not ill, I have to ask someone (a temporarily able) to call Cebu Pacific Call Center to coordinate with them my incapacity to hear.

    Then, I will eventually know that I have to submit a duly accomplished INCAD form at least three (3) days prior to my scheduled flight. This will fulfill the necessary arrangement with the carrier.

    This will likewise ensure the carrier’s acceptance for my carriage to my destination.

  29. joma says:

    Thanks for the effort and posting it here, baycas. Now I have a better view.

  30. Karl Garcia says:

    Thank you Baycas!

  31. The Ca t says:

    This will likewise ensure the carrier’s acceptance for my carriage to my destination.

    the carriage refers to the wheelchairs, walkers or any other device that may be used by the disabled.

    hearing impaired or deaf people do not have such carriage.

  32. Jon Limjap says:

    I guess the contention here is the agreement as to whether the deaf are people who “require special assistance” or not.

    It does take a while for people with 5 senses that it is possible that people with only 4 senses can live without special assistance, or at least without such assistance from fellow humans.

  33. baycas says:

    Carrier carries out carriage.

    In the cited case:

    Carrier – Cebu Pacific
    Carriage – the transport of a group of deaf people (viz., carriage of passenger; carriage may also apply to baggage)

    —–

    Cebu Pacific refused carriage of a group of deaf people.

    Was there discrimination? I don’t know…

    I’ll wait for further news on the incident.

    —–

    To reiterate: Pilots may be deaf too.

    No discrimination whatsoever.

    It’s a given…deaf or hearing-impaired individuals may not require special assistance (why the heck they allowed deaf pilots?).

    But it’s also a given…deaf or hearing-impaired individuals may be unrecognized or unnoticed by another person unless the latter interacts with the former. Could they at least warn the carrier beforehand?

    Yes, I think so (they may not need special arrangements but at least the flight crew are prepared for the unthinkable to happen).

    Please consider this scenario: Deaf Softball Team Sick In The Airplane

    It’s just unfortunate that airlines offer their assistance to incapacitated guests who may not really require assistance (the Cebu Pacific’s terms and conditions for one, Cathay Pacific’s another).

    It’s probably high time they have separate instructions for the “Deaf and Hearing-impaired.”

    Discriminatory to the other disabled or sensory-impaired?

    Now, I wouldn’t want to comment further…

  34. The Ca t says:

    http://fookembug.wordpress.com/2007/07/24/deaf-softball-team-sick-in-the-airplane/

    That link which is the news about deaf softball team players getting sick only goes to show that the deaf members were allowed to board the plane without a “hearing” companion.

    People should know that it is only the hearing senses which are disabled. Most deaf who can not talk use magic slate or small notebook to communicate. there is no problem with hearing impaired. They can talk.

  35. baycas says:

    Jojomccid wrote:

    Please remember that a Deaf person only has one ability lacking, the ability to hear. He can run, jump and swim just as fast as anybody else because he has complete and functioning extremities. He doesn’t need someone to lead him just like a blind person. He doesn’t need to be pushed and carried into his wheelchair just like an invalid or orthopedically impaired person. He has a complete state of mind and can recognize his surroundings unlike a mentally challenged or autistic. He can listen to instructions with his eyes. Think of Deaf people as people who are from a different nationality and don’t understand English.

    It’s just unfortunate that airlines offer their assistance to some incapacitated guests who WOULDN’T NEED or even WANT assistance IN THE FIRST PLACE (as stated in the Cebu Pacific’s terms and conditions for one, Cathay Pacific’s another).

    The Cebu Pacific section 7.3 on “Special Assistance” has been partly copy-pasted above. If I am deaf (or hearing-impaired) and I believe I don’t need special assistance, I certainly would ignore the instruction stated on the “Special Assistance.”

    Take a look at another example: Cathay Pacific’s “Special Services” section (6.6) and “Special Assistance” section (8.3) in their Terms and Conditions page. They even have a “Special Assistance” page directed specifically to the “Deaf or Hearing Impaired.” However, the invitation to Just Let Us Know what special assistance is required by guest/s is still under the heading “Special Needs.”

    What if I am deaf and I DON’T NEED special assistance? I certainly would ignore the instruction for WHY BOTHER?

    Maybe it’s high time the airlines stipulate a separate instruction directed mainly to the “Deaf and Hearing-impaired” — a Special, Special Provision to be included in the Terms and Conditions — so no loopholes are to be expected. Anyway, they may not really need special assistance after all…it’s like…short of saying…they are the “Disabled but Able” lot.

    But, wait, might this be discriminatory to the other disabled or sensory-impaired individuals? I wouldn’t want to venture a comment on this but…

    Chuckling probably has a point when he, in the same blogpost, took exception to what Jojomccid wrote:

    You wrote, “He doesn’t need to be pushed and carried into his wheelchair just like an invalid or orthopedically impaired person. He has a complete state of mind and can recognize his surroundings unlike a mentally challenged or autistic. He can listen to instructions with his eyes.”

    Why don’t you wheel in an invalid or orthopedically impaired person to read this passage of yours and see what kind of reaction you will get. Why don’t you have mentally challenged or autistic people read this as interpreted by a facilitator and see their reactions. Why don’t you get blind persons to read this via text-to-speech and they’ll tell you stuff that you don’t know.

    (Of course, Jojomccid was able to explain his side.)

    —–

    …Some segue and reiterations…anyway, my point above is that it probably won’t hurt if a deaf or hearing-impaired individual accepts his limitation. Yes, he may not need special assistance now but who actually knows what lies ahead. Eventually he will have a special need for which special assistance is required because he is incapacitated.

    Therefore, airlines have the right to know one’s incapacity (may it be only a minor one) days before the scheduled flight (magic number, I think, is 3 days or 72 hours – at least) in order for them to be prepared for the unthinkable event once it happens. Deaf or hearing-impaired individual/s should declare his/her/their disability or impairment in anticipation of special needs. This may entail a time-consuming process but it’s for everyone’s safety and security.

    Consider the Deaf Softball Team I cited above. I won’t speculate if indeed the team has NO “hearing” companion (attendant, carer, or coordinator)…but I could offer a guess that the coach who was stricken by the sudden illness the worst might be the carer of the team.

    It’s just pure luck that someone on board the flight knows sign language. There was a doctor and a nurse even.

    Apply this scenario to the case at bar

    With Cebu Pacific having new 72-seater turbo-propped planes going to Boracay several times daily this year…was there a good chance that there was an ordinary temporarily able ASL-savvy passenger on board at the time?

  36. The Ca t says:

    So if the deaf followed the instructions of the airline to inform and fill up the form, what special assistance do you think they will ask for? Someone who can speak ASL?

    If the requirement is a companion or carer will there be a stipulation that the carer is ASL literate?

    the requirements for advanced information about the disability and special assistance are more on the space occupying carriage that may be brought by the disabled or the special gadgets or equipment that may be needed before the passengers get off like wheelchair assistance in the airport.

    Most of the airlines in the US does not require documentation for request to fly from the hearing impaired, deaf and with speech impairment flyers.

    All these people with the kind of disabilities need only to inform the crew before boarding so that individual notification for change of boarding gates and flight schedules may be given.

    The airline needs to spell out the requirements for people with disabilities, clarifying whether the hearing sensory disability is hearing impairment only, absence of the two senses, hearing and speech or simply speech impairment.

    A person who does not recognize the difference will put the disability under one category…deaf.

  37. [...] is the blog post link made by Filipino Voices entitled “No Hear, No Fly” which so far has more than 36 responses. Filipino Voices Blog was awarded one of the Top Ten [...]

  38. leytenian says:

    No Hear No Fly requires intervention and review from the part of the Senate to clarify its articles on The Accessibility Law.

    “Sec. 34. Public Transportation. — It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.”

    On Implementation:
    “Sec. 28. Implementing Rules and Regulations. — The Department of Transportation and Communications shall formulate the rules and regulations necessary to implement the provisions of this Chapter.

    Therefore , this is the department that we need to question on how are they implementing its rules . how are they going to resolve the problems in the future. How would the department communicate with the Senate and communicate with businesses to correct its flaws. The land and Transportation department is another weak department of our country. In the provinces, many children die of auto accidents because drivers are the “kings of the road”.

    For Cebu Pacific, it should demand subsidies to hire extra crews to take care of the 10 deaf just in case…

    “Sec. 27. Access to Public Transport Facilities. — The Department of Social Welfare and Development shall develop a program to assist marginalized disabled persons gain access in the use of public transport facilities. Such assistance may be in the form of subsidized transportation fare.

    The said department shall also allocate such funds as may be necessary for the effective implementation of the public transport program for the disabled persons”

    REPUBLIC ACT NO. 7277

    AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
    Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.

    Should the Senate clarify disabled passengers ratio in both domestic and international flight? The law stated that it should consider cost and reasonable financial expenses to whom?

    So what are these Senators and the rest of them doing? nagpadaku siguro sa ilang itlog ay :)

  39. leytenian says:

    I forgot

    “It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.”

    so where is the ratio and the required responsibility from the business standpoint. The law does not say about 10 deaf in 2 crews with no access to emergency?

    If I were for the 10 deaf people, I would sue the Senate and remove Enrile :) Is he not the president, the third most powerful in our country? Why is he not making any suggestions nor comments about this? is the media people asking the right people? or they are only limited to blame the businesses?

    since everybody is talking about GMA impeachment, well let’s rock the boat for everybody. These people in the Senate are still thinking that the people in this country are all stupid. Are we? Not me :)

  40. baycas says:

    In the order of current instructions, a disabled who may have special needs will notify the airline prior to the scheduled flight and this advance notice is recommended to be at least three (3) days before departure – Cebu Pacific Online Help, as quoted above, and Cathay Pacific Helping You Travel, as follows:

    Special Needs

    Special Assistance

    If you have special needs, please let us know what we can do to accommodate them. Whether you have difficulty with hearing or senior citizen, have special dietary requirements or have a physical or mental disability, we hope to make your flight safe and comfortable.

    Just Let Us Know

    If you need special assistance due to age, health, a disability or other reasons, we recommend you contact our local Reservations office 72 hours before departure so that we can make any special arrangements for your flight and any assistance with connecting flights. We strive to make your travel with Cathay Pacific Airways to be as smooth and comfortable as possible. Some passengers who have significant disabilities may need to travel with an escort for their own comfort, convenience and safety. Also, we strongly advise that you travel with an escort if you need in-flight assistance with, eating, medical assistance (such as with medications, medical devices or medical attention) and other personal bodily functions, as we cannot assist you in these areas. The escort must travel in the same class with you.

    Cathay Pacific further enumerated possible special assistance that they could provide for the Deaf or Hearing Impaired:

    Home, Helping You Travel, Special Needs, Special Assistance

    Introduction

    Some passengers may require special assistance when travelling with Cathay Pacific Airways. To make your journey safe and comfortable, we require advance notice through our Reservations office or your travel agent for special assistance, and we recommend 72 hours advance notice before departure so that we can better accommodate any special needs you may have.

    Home, Helping You Travel, Special Needs, Special Assistance

    Deaf or Hearing Impaired

    Please inform us if you are deaf or hearing impaired so that we can provide assistance to you in the event that your flight is delayed or if the departure gate is changed after you have checked in. An individual safety briefing can be arranged upon request.

    TTY reservations service is available in North America. If you are in Canada or the United States, please call 1-877-609-2233 toll free, and you will be able to link your communications device with the Cathay Pacific’s Reservation call centre. Our staff has been trained to accept written communications from you. The call centre operates from 6 AM-5: 30 PM Monday-Friday, 6 AM- 4 PM Saturday (Pacific Standard Time), and is closed on Sunday.

    Cebu Pacific failed to list possible special assistance provisions nonetheless they offered a Call Center to cater to Special Needs (as copy-pasted several comments above). The advanced notification will also prompt disabled guest/s of the need to accomplish a certain form and, if applicable, will also alert them of the requirement of having an attendant (companion, carer, or coordinator) during the flight.

    In short, one needs only to call the airline company to ask help, to know all the necessary information/instructions, and to coordinate his/her travel – the main goal of Advance Notice. This, I think, may be construed that the airline company is just protecting itself rather than actually helping the disabled.

    To the contrary…in fact, the Aviation Consumer Protection Division of the U.S. Department of Transportation advises disabled air travelers that “letting the airline know in advance how they can help you will generally result in a smoother trip.” This statement protects the rights of the disabled especially when airlines have different guidelines or policies for the disabled guest/s to meet before being accepted for carriage. Coordination between guest/s and carrier makes for a smoother trip of the guest/s and allows a dignified travel for the disabled sans the perception of discrimination.

    Certainly, there may be exceptions to the rules or guidelines…like, for example, the Need for Individual Safety Briefing. I believe it’s no longer necessary to have Advance Notice (3 days for the aforementioned carriers while 2 days in the Aviation Consumer Protection Information Guide) for this to be carried out. Mere checking-in hours ahead of the departure time (as we Filipinos often do) and informing the airline that one is deaf or hearing impaired will suffice. For minor needs, last minute notification will not probably become a major concern.

    However, the problem arises when disable guest/s of the carrier will ignore the offer of Special Assistance and thereby won’t bother to call when IN REALITY they SHOULD call for Advance Notice. This is not due to the guest/s refusal to do it but because they deem it UNnecessary…simply because Special Needs are NOT required by them (as what is repeatedly argued in this thread). Singly or in group, Deaf or Hearing-impaired individuals definitely MAY not call for help.

    Let’s consider again what happened in the refusal of carriage of most of the ten deaf passengers already on board the Cebu Pacific plane. The carrier’s reputation is at stake by doing such “discriminatory” act but the decision somehow prevailed. It’s just unfortunate that Cebu Pacific’s side cannot be read…or perhaps, be heard. With the reason only known to Cebu Pacific and perhaps already conveyed to the aggrieved party, we are left to speculate (as Joma above commented). But surely, there is an explanation for the decision.

    When can Advance Notice be required? The Aviation Consumer Protection (ACP) Information Guide (hyperlink above) lists all the possible situations when advance notice should be done.

    Notable is the possible advance notification requirement and early check-in for “Accommodations for 10 or more passengers with disabilities who travel as a group.” This provision will prove to be pertinent or relevant to the Cebu Pacific refusal of carriage of almost all of their ten deaf passengers bound for Boracay on that fateful day.

    Furthermore, the ACP Information Guide also lists the individuals who will require an accompanying Attendant. Noteworthy, however, is this:

    The carrier and the passenger may disagree about the applicability of one of these criteria. In such cases, the airline can require the passenger to travel with an attendant, contrary to the passenger’s assurances that he or she can travel alone. However, the carrier cannot charge for the transportation of the attendant.

    While the ten deaf passengers may pass the acceptance for carriage as their safety can be ensured among themselves and they will not probably affect the safety of others on board, the carrier may disagree and may actually exercise its right to require an accompanying attendant (in the case at hand: 2 attendants for the ten deaf passengers; with the attendants needing additional seats). Remember also that in Cebu Pacific’s Terms and Conditions:

    VI. Check-in

    6.1 Check-in Conditions
    Check-in counters open two (2) hours before Estimated Time of Departure (ETD). A confirmed reservation shall be cancelled and released to waitlisted guests if the guest fails to check-in at least forty five (45) minutes before published departure time. We reserve the right to not allow you to check-in without incurring any liability to you and without having to refund you for any fare paid if:

    h) in our judgment, you are not medically fit to travel or your pre-existing medical condition poses or could pose a danger or threat to the health of other guests unless proper permit is secured from our medical clinic three (3) days before your flight.

    So, a part of the Refusal and Limitation of Carriage by Cebu Pacific is discretionary on their part. Coordination by guest/s with the carrier has to take place in this setting.

    Obviously, Advance Notice is required in the Cebu Pacific case cited in this blogpost. I hope the ten deaf passengers were able to fulfill this very important requirement. If they did then their rights were really trampled upon…their dignities diminished!

    Sadly, our country lacks the detailed information guidelines presented above. The U.S. Air Carrier Access Act and the Aviation Consumer Protection are worth looking into so that similar legislation and information guide can be made available to us.

    —–

    A must read for Disability Rights Advocates:

    a. U.S. Air Carrier Access Act
    b. U.S. Department of Transportation Aviation Consumer Protection Rules

  41. Hello guys!

    In behalf of the Filipino deaf community and the rest of the PWDs in the country, we are truly grateful for the support you guys gave to us by blogging/discussing about our issues. Let us hope that Cebu Pacific or any other companies and government agencies that trample the law and basic human rights would think many times before repeating their sins. The Internet is now a powerful avenue for exposing your discriminatory activities.

    Mabuhay ang mga Pilipinong may K! :-)

    Jojo Esposa Jr.

  42. [...] is the blog post link made by Filipino Voices entitled “No Hear, No Fly” which so far has more than 36 responses. Filipino Voices Blog was awarded one of the Top Ten [...]

  43. [...] year, several blogs pointed out the issue regarding Cebu Pacific’s lopsided policy regarding deaf passengers, which involves no less than two incidents, one in April in a flight to Caticlan, and another in [...]

  44. baycas says:

    As of this posting, there is nothing in cyberspace speaking of Cebu Pacific’s stand on the matter.

    there is now (actually Jan 22)…

    Cebu Pacific responded

    This incident had been an eye opener also for our company. With this incident, we revised our procedures for carriage of Deaf passengers and still not compromising safety. Since July 2008, Cebu Pacific accepts unlimited number of unescorted Deaf/ Mute guests in all of our aircrafts provided that they shall be properly briefed by our Cabin Attendants about safety, the use of seatbelt, oxygen mask, life vest, route to the nearest exit, etc. The only condition is that they must not be seated at any emergency exit rows.

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