Airline which provided assistance to passengers will not compensate for delayed flight

The 15th Chamber of Private Law of the SP Court of Justice dismissed the appeal of a passenger, and upheld a sentence that recognized that despite the flight delay, the airline adopted the possible measures to mitigate any damage to passengers. As there were no proven harmful consequences to the passenger caused by the delay, the collegiate concluded that there were no moral damages. The collegiate understood that the airline acted in accordance with article 17.3 of the Warsaw Convention – currently, article 19 of the Montreal Convention -, which provides that: “The carrier is responsible for the damage caused by delays in the air transportation of passengers, baggage, or cargo. However, the carrier will not be liable for the damage caused by delay if it is proved that it and its agents have taken all measures that were reasonably necessary to avoid the damage, or that it was impossible for them to adopt such measures.” In line with the Supreme Court of Justice, the judges understood that this case does not apply to moral damage in re ipsa, and that the passenger did not prove any negative consequence resulting from the delay. The collegiate pointed out that the plaintiff himself confirmed that he received meal vouchers, as well as being accommodated on the next available connecting flight. “In addition, the plaintiff did not prove any loss due to the five-hour delay in arriving at the destination in relation to the time originally planned, neither indicated or proved missing any appointment due to the delay.” “A flight delay does not, by itself, constitute moral damages to be compensated, but require evidence of off-balance sheet losses suffered in order for a compensation to take place.” For Bernardi & Schnapp Advogados, which defended the airline, the decision corroborates a possible and important change in favor of the dejudicialization of air transport in Brazil. Process: 1101728-34.2018.8.26.0100 – https://www.migalhas.com.br/quentes/332202/cia-aerea-que-prestou-assistencia-a-passageiro-nao-indenizara-por-voo-atrasado