In a report by Al Sharq on 21 April 2024, the Investment and Trade Court obligated an airline to compensate a female passenger after an airline employee refused to allow her to board the plane. The court ruled that she should be compensated 20 thousand riyals for material and moral damages, with the ruling including immediate entry into force.
The facts of the case indicate that a female traveler filed a lawsuit against an airline company before the Investment and Trade Court, requesting that the company be obligated to pay 500 thousand riyals in compensation for material and moral damages and to oblige her to pay expenses and attorney’s fees. The ruling included expedited enforcement.
On the day of the incident, the female passenger went to the airport to complete the registration procedures to enter the airport and carried out all the necessary travel procedures in preparation for boarding the plane on a flight from Doha heading to an Arab capital. When she arrived at the plane’s gate and handed over her entry cards to the competent employee, the employee addressed the plaintiff in a loud voice and claimed that she was late and would not allow her to board the plane to go to her destination.
The passenger tried in various ways to convince the employee to allow her to board the plane, especially since there was still plenty of time, which was about an hour before take-off time, but the employee refused without justification and dealt with the passenger in an inappropriate manner, which led to her collapse and the urgent medical staff calling for her, and she ended up missing her flight. She was deprived of travel, which caused her material and moral damage, as the traveling plaintiff filed a complaint against the company, but it did nothing, which led her to file a lawsuit before the civil court.
The case was registered, and the fees due were paid. The Case Management Office began its preparation procedures by ensuring that the data provided was correct and that all documents were completed. The defendant was announced and a timetable was prepared for submitting the memorandums in accordance with the provisions of Articles 17, 18, 19 and 20 of the law establishing the Investment and Trade Court, setting a deadline of 3 days for the defendant to submit a memorandum of her response electronically, provided that all supporting documents are attached to it. The period has passed without a response from her, so the case management office prepared a report with a summary of the case and what was done regarding it before it.
A memorandum supported by evidence Lawyer Abdullah Noemi Al-Hajri, a member of the Board of Directors of the Qatar Lawyers Association, the legal representative for the plaintiff, the traveler who was harmed by the loss of her flight, submitted a legal memorandum supported by evidence and evidence, requesting a ruling to compensate the traveler for the material and moral damages she sustained, based on Article 171 of the Civil Code, which states that: The contract is the law of the contracting parties. It may not be annulled or amended except by the agreement of the two parties or for reasons established by the law.
The text of Article 172 states that the contract must be implemented in accordance with what it contains and in a manner consistent with what is required by good faith. The contract is not limited to obligating the contracting party to do what is stated in it, but it addresses what is one of its requirements in accordance with the law, custom, and justice, according to the nature of the obligation.
Lawyer Al-Hajri pointed out that the text of Article 263 states that the court assesses compensation if it is not estimated in the contract or in accordance with the law. Compensation includes the loss incurred by the creditor and the gain he missed, provided that this is a natural result of failure to fulfill the obligation or delay in fulfilling it.
Article 165 stipulates that, according to the Trade Law, the contract of transport is the contract under which the carrier is obligated to transport things or people from one place to another specific place in exchange for a fee. Article 78 of the Civil Aviation Law stipulates that every passenger holding a confirmed travel ticket is entitled to a reservation in accordance with the applicable conditions and regulations. Compensation from the relevant airline in the event that he is not able to travel in the seat he reserved.
It was stated in the memorandum of lawyer Abdullah Noemi Al-Hajri, acting on behalf of the traveler: that the passenger was bound by a transportation contract represented by a travel ticket that the company committed to transporting from one capital to another and that an employee affiliated with the company did not enable her to board the plane despite her completing the travel procedures and arriving at the plane’s gate on a sufficient time.
This caused material damage in that she missed the flight time and the amount of the ticket. The moral damages were represented by her feeling of pain and sadness as a result of the harsh treatment by the company employee without taking into account the passenger’s age, which led to the collapse of her physical strength and the need for first aid to be administered to her.
The company did not pay its responsibility, which led the court to conclude that it was responsible for compensating the traveling plaintiff for the damages she sustained.
Source: Al Sharq
Cover image: Shutterstock
Follow us on our social media channels:
@ILQlive
@ILQlive
@ILoveQtr
ILoveQatar
You have successfully registered your account!
Please confirm your e-mail address by clicking on the URL sent to you.The e-mail usually arrives in 5-10 minutes.
How ajeeb was that!? Thanks for contributing to our community! Your post will appear after we take a quick look!
