An Argentine court has ordered an airline and a travel agency to compensate a couple who were trapped in Mexico for 49 days at the beginning of the COVID-19 pandemic. The decision was made by the National Chamber in Civil and Commercial Federal Matters, which ruled that the companies failed to fulfill their assistance obligations after the cancellation of the return flight in March 2020.
The plaintiffs, aged 31 and 26, had purchased tickets from Buenos Aires to San José del Cabo, with a return scheduled for March 29, 2020. However, on March 15, the airline canceled the return flight without providing details or assistance. This left the couple stranded abroad, forcing them to incur additional costs to return, including purchasing new tickets and internal transportation.
In their lawsuit, the couple claimed compensation for property damage, additional expenses, moral damages, and punitive damages, asserting that they spent over $118,000 on new tickets and other living expenses. In a first-instance decision, the companies were ordered to pay $118,545.20 and $40,000 to each member of the couple for moral damages, in addition to interest.
The court examined whether emergency provisions exempted the companies from their responsibilities, concluding that although the cancellation was due to a force majeure, the required assistance was not provided to the passengers, who remained unattended for nearly two months. However, the claim for living expenses was rejected, arguing that these arose from state policies and not from the actions of the companies.
Upon reviewing the case, the Chamber increased the moral damage compensation to $150,000 for each passenger, recognizing the suffering caused by the prolonged wait in difficult conditions. The claim for punitive damages was dismissed, as the Montreal Convention prohibits compensatory claims that are not compensatory in international air transport contracts.
Finally, a total compensation of $340,000 was established for each claimant, consisting of $190,000 in living expenses and $150,000 for moral damages. This case reflects a broader context of litigation related to the suspension of international flights during the health emergency of 2020 and highlights the need to balance consumer rights with air transport regulations.
Source: www.infobae.com
