The Abu Dhabi Family and Civil and Administrative Cases Court ordered a non-Emirati airline to pay a passenger an amount of 4150 units of rights, equivalent to about 21,223 dirhams, as compensation for the complained airline’s delaying the next flight to Abu Dhabi, for a period of one day, and delaying its new date several times.
In detail, a young man filed a lawsuit against a private airline, in which he demanded that it pay him an amount of 4,150 units of special drawing rights, equivalent to an amount of 21 thousand and 233 dirhams, with obligating it to pay fees and expenses, indicating that he booked a return ticket from his homeland to Abu Dhabi via the complained flight. However, the latter delayed his flight, which made him travel on the same day and had to travel the next day, and the delay did not stop to this extent, but the dates of his flight changed on the next day several times, which caused him material and moral damage, and he supported his claim with photocopies of a ticket Travel, letters from the defendant company, translated by a legal translation, while the defendant’s representative did not attend despite the legal declaration.
For its part, the court clarified in the merits of its ruling that Article 19 of the Convention for the Unification of Certain Rules of International Carriage by Air "Montreal Convention" has 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 is not He shall be liable for the damage arising from the delay if he proves that he and his subordinates and agents have taken all reasonable measures necessary to avoid the damage, or that it was impossible for him or them to take such measures. As indicated in Article 19, the liability of the carrier is limited to 4,150 SDR per passenger.
The court indicated that what is confirmed from the papers is the presence of letters from the defendant company with a legal translation proving the defendant’s apology for delaying the flight on time for the next day.
The court noted that it was satisfied with the documents submitted by the complainant, and the court ruled to obligate the defendant to pay the complainant an amount of 4150 units of rights or its equivalent in UAE dirhams, with the obligation to pay fees and expenses.
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