Passengers must be compensated for moral damages due to the practice of overbooking by airlines. According to the decision of the Court of Justice of the Federal District and Territories, which reached the understanding of the Superior Court of Justice, the defect in the provision of the service characterizes moral damage. Find out more.
The 5th Civil Panel of the TJDFT upheld a ruling that ordered the company E.A. to compensate two passengers who were unable to board from Abu Dhabi to São Paulo because of overbooking. The forecast foresees payment of R$ 8 thousand for each title of moral damages.
The authors said that they purchased plane tickets from the company leaving from São Paulo to Beirut, with a connection in Abu Dhabi. Upon return, do not board, as at the airport, after the usual procedures, they were informed that the flight had no seats available. The return scheduled for September 26th only happened the following day, almost 24 hours late. They asked the company to report that they should not be compensated for the moral damages suffered.
In response, the defendant argued that she had not committed any illegal conduct, as the practice of overbooking is common among airlines. Furthermore, he stated that the only discomfort endured by the authors was duly compensated with the possibility of enjoying Abu Dhabi, a popular tourist destination, for another day and with everything paid for by the company.
In the 1st Instance, the judge of the 20th Civil Court of Brasília upheld the compensation claims. According to the judge, the mere occurrence of overbooking, in itself, justifies the moral damage, as understood by the Superior Court of Justice – STJ. “It is not difficult to imagine the anguish of the authors, with the delay in the flight, the accommodation in an unforeseen location, configuring the defect in the provision of the defendant service. There is no doubt that this is not a mere superficial feeling of discomfort, but rather an irreparable failure, causing discomfort and a deep feeling of disrespect”, she concluded.
On appeal, the Civil Panel unanimously upheld the publication in its entirety.
Process: 2015.01.1.011047-8
Source: TJ-DF
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