Due to the airline's delay, the couple lost a night at a resort in Punta Cana, in the Dominican Republic. Unsplash/ Rodrigo Castro A couple from Minas Gerais should be compensated R$30,000 for moral damages after their honeymoon trip was delayed by more than 31 hours due to problems on a Copa Airlines flight. The decision was upheld by the Court of Justice of Minas Gerais (TJMG), which confirmed the sentence of the District of Carmópolis de Minas, in the Center-West of the state. In addition to compensation, the company will have to compensate for material losses related to the loss of a night's stay at a resort, food expenses and damage to luggage. To g1, Copa Airlines informed that it will not comment on the conviction. ? Click here to follow the g1 Central-Oeste de Minas channel on WhatsApp Delay caused loss of daily rate at resort According to the process, the passengers were traveling to Punta Cana, in the Dominican Republic, also passing through New York, in the United States, when they faced a series of inconveniences that compromised their honeymoon trip. Passengers stated that the flight would depart from Confins International Airport, in Belo Horizonte, on November 23, 2023. However, takeoff was postponed due to the need for maintenance on the aircraft. The couple reported that they remained at the airport without adequate assistance from the airline and had to spend the night sleeping on chairs in the terminal. Due to the delay and the connection in Panama, passengers lost a night's stay at the resort where they were going to stay in Punta Cana. The lawsuit requested compensation for the losses suffered. READ MORE: Mega-Sena: bettor from Divinópolis wins R$ 85 thousand on the corner Lotofácil rewards bettor from Divinópolis with more than R$ 386 thousand Mega-Sena: bettor from Divinópolis matches five numbers and wins more than R$ 40 thousand Compensation for moral and material damages In the first instance, the Court ordered the payment of R$ 30 thousand for moral damages — R$ 15 thousand for each passenger. The sentence also recognized material damage, establishing compensation of R$1,992.49 for the night lost at the hotel, R$630.59 for extra food expenses and US$100 for damage caused to luggage. Copa Airlines appealed the decision. The company argued that the delay was caused by unscheduled technical maintenance, necessary to ensure the safety of the flight. The company also maintained that it provided assistance to customers and defended the reduction of the compensation amount, citing international conventions applicable to air transport. The couple's defense stated that the relationship between passengers and the airline is governed by the Consumer Protection Code (CDC). The lawyers also argued that maintenance problems are part of the risks inherent to business activity and, therefore, do not eliminate the company's responsibility. Court maintains conviction The rapporteur of the case, judge Maurício Cantarino, rejected the arguments presented by the airline. The judge highlighted that the need for aircraft maintenance is a predictable fact and inherent to the sector's activity, and cannot justify such a prolonged delay without due assistance to passengers. According to the rapporteur, the company did not present proof, such as vouchers or receipts for accommodation and food, which demonstrated that it had offered adequate support to the couple during the waiting period. For the judge, a delay of more than 30 hours during a honeymoon trip goes beyond situations considered to be mere annoyance and constitutes compensable moral damage. Judges Maria Luíza Santana Assunção and Luiz Gonzaga Silveira Soares fully followed the rapporteur's vote, maintaining the airline's conviction. WATCH: Delayed or canceled flight: see what the passengers' rights are
Airline ordered to pay R$30,000 for delay in couple's honeymoon trip to the Caribbean
Due to the airline's delay, the couple lost a night at a resort in Punta Cana, in the Dominican Republic. Unsplash/ Rodrigo Castro A couple from Minas Gerais should be compensated R$30,000 for moral damages after their...
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