Sold his ticket and he was late to return to Abu Dhabi
26 thousand dirhams in compensation to a passenger for an airline mistake
The Abu Dhabi Court based its ruling on the Montreal Convention.
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An airline mistake caused a passenger to delay his flight for a day, which prompted him to sue the company and seek compensation, while the Abu Dhabi Court for Family and Civil and Administrative Claims ruled to oblige the airline to pay the traveler an amount of 26,348 dirhams.
In the details, a man filed a lawsuit against an airline demanding that it pay him 21,348 dirhams, and 5,000 dirhams moral compensation, noting that he was on a visit to Egypt and booked a return ticket to Abu Dhabi through an airline, but the company sold the ticket, which impeded his travel and had to To travel the next day, which caused him damage, and the defendant's company's lawyer submitted a reply memorandum in which he argued that the case was rejected because the plaintiff did not submit a written protest to the carrier.
The plaintiff submitted a comment memorandum requesting to address the General Civil Aviation Authority in the Emirates to report on the value of the units specified for compensation (the unit of passenger drawing rights in accordance with the Montreal Convention).
The court stated in the merits of the ruling that the agreement to unify some rules of international carriage by air “Montreal Convention” stipulated that the carrier shall be liable for damage arising from delay in the carriage of passengers, baggage or goods by air, but the carrier shall not be liable for damage arising from Delay if he proves that he and his subordinates and agents have taken all reasonable measures necessary to avoid the harm, or that it was impossible for him or them to take such measures.
The court pointed out that the evidence from the papers is that the plaintiff instituted his lawsuit and entrusted it with the defendant’s claim for the amount of 4,150 units of rights or its equivalent in the amount of 21 thousand and 348 dirhams, and this was as a result of what resulted in the delay of the defendant in his travel from Cairo Airport to Abu Dhabi and supporting his claim by submitting a ticket A legal translation translator and a letter from the company translating a legal translation, which proves the company's apology for selling the ticket and, if desired, compensation in the amount of $200.
The court confirmed that the plaintiff’s request for compensation for the moral damage he had suffered was based on reality and the law and is worthy of acceptance, noting that it is legally established that every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage, and that the fault of the defendant airline caused the plaintiff psychological pain and grief. The court ruled to obligate the defendant to pay the plaintiff an amount of 4150 units of rights or its equivalent in UAE dirhams and a moral compensation of 5000 dirhams in addition to obligating her to pay fees and expenses.
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