Airline will compensate couple for flight delay and lack of care

In Brazil, a couple of passengers who were stranded at an international airport for more than 24 hours will be compensated for failure to provide transport services. According to reports, in addition to the delay, the airline did not provide all the necessary assistance. Understand.

The 13th Chamber of Private Law of the Court of Justice of São Paulo ordered an airline to compensate a couple for failure to provide transport services – a flight delay caused the plaintiffs to spend more than 24 hours at a North American airport. The compensation was set at R$10,000 for each author for moral damages.

The records state that the authors purchased two tickets, departing from New York and heading to Campinas. Boarding, scheduled for 10:17 pm, was only completed around midnight. Then, under the justification that the flight would only be possible after the aircraft's wings had defrosted, the authors waited inside the plane until 2:30 am, when they were informed of the flight's cancellation. Due to the lack of staff on the ground, passengers remained on the aircraft until 4:30 am. Upon disembarking, the 200 passengers on the aircraft had to settle down on the floor of the airport itself to rest and wait for the stores to open so they could eat. Their luggage was placed in the airport lounge. The flight only took off at 8:30 pm the other day.

For judge Francisco Giaquinto, rapporteur of the appeal, the airline has a duty, even in cases of external fortuitous circumstances (unfavorable weather conditions), to provide all necessary assistance to its passengers, such as easy communication, food and accommodation in a suitable location. . “Therefore, the failure to provide the service portrayed here constitutes more than mere unpleasantness and discomfort, but clear emotional disturbance, generating anguish, anxiety and intense distress, which constitutes sufficient cause to generate the obligation to compensate for moral damages”.

The vote was unanimous and included the participation of judges Nelson Jorge Júnior and Cauduro Padin.

Appeal nº 1023705-45.2016.8.26.0100

Source: TJ-SP



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