An airline must compensate its client after canceling flights during the Covid 19 pandemic. The Cipolletti Civil Court ruled in favor of the woman who sued the airline for breach of contract within the framework of the Consumer Protection Law.
The conflict began when the client bought two plane tickets for a trip to the United States.in July 2020. Due to pandemic restrictions, the flights were canceled, and although the woman tried to reschedule them, the airline chose to refund the money, but never made the deposit.
The first instance ruling rejected the exceptions raised by the companywhich alleged lack of territorial jurisdiction and passive standing, and resolved that Aerolíneas Argentinas SA must respond for the damages caused as it was a consumer relationship.
Among the evidence presented, The exchange of emails and WhatsApp between the client stood out and the airline, which evidenced the lack of effective response on the part of the firm.
The ruling concluded that the airline failed to comply with its duty to inform appropriately and provide decent treatment to the consumer.
The compensation
The compensation includes the updated cost of the tickets, the moral damage for the inconvenience caused and a civil fine for punitive damages. In addition, interest was imposed until the date of actual payment.
The sentence was appealed by the airlinealthough the Cipolletti Court of Civil Appeals confirmed the first instance decision.
In its appeal, the airline argued that the Aeronautical Code should be applied instead of the Consumer Protection law and that the responsibility fell on the travel agency. However, The court rejected these arguments. He confirmed that this is a consumer relationship and that the airline must be responsible for the damages caused.
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