Commercial Court No. 1 in Alicante delivered a decision. forces an airline to refund a 611 euro round-trip ticket to a neighbor of El Campello. Flight canceled due to pandemic. In April 2020, the woman unsuccessfully requested Thai Airways for a refund of the ticket she was supposed to take to Thailand, completely imprisoning her, and was eventually forced to go to court. In the decision, which also condemned the company to interest and expenses, it was argued that it was against the law not to compensate the passengers without an excuse. abuse of the judicial system and bad faith and reckless behavior.
According to data from the Clamador.es platform, Passenger from Alicante had planned to fly from London to Bangkok On a flight that was canceled because it coincided with the most difficult moments of the coronavirus pandemic. The amount of the round-trip ticket was 611.11 euros and after first the affected party’s request for a refund and then contracting their services through the aforementioned platform, Thai airline Thai Airways was unwilling to reach an agreement or move forward. Refund the ticket price, although required by law. It also did not offer any bonuses to be used within one year of the expiration of the alert status and extensions.
After the friendly procedure was exhausted, the passenger took legal action and recently received a positive decision from the President of the Commercial Court No. 1 in Alicante, which ordered the airline to refund the ticket amount and make a legal contribution to the interest. since the out-of-court claim was filed on February 17, 2021 to recoup procedural costs with a special statement of recklessness.
And the verdict is particularly heavy for the airline, which it accuses of committing “recklessness and malice”. As transmitted orally, “The airline has a legal duty to respond to claims for compensation or refunds. It is carried out by the transport users within the regulatory framework defined in this decision”. Therefore, it adds the sentence “not seeking compensation or refund without just cause, causing the user to go to court without justified reasons”. Legitimizing opposition to compensation or payment of compensation, abuse of the judicial system, In short, it is an act that can only be described as malicious and reckless.
In this case, the courtuser has to sue for ridiculous amountsin turn, making procedural expenses so that the claim itself becomes uneconomical, thus imposing costs.
Jorge Ramos, a lawyer for the platform reclaimer.es, which advocates this procedure, said: “We are very happy with such penalties because we understand that airlines have a more privileged position than passengers. in most cases they are helplessand they can see that their rights are protected by such decisions.” In this sense, remember that airlines have an obligation to reimburse the unused tickets during the pandemic due to closure to the requesting passenger.
Jorge Ramos similarly agrees with the conclusion that in many cases the passenger has to sue for very small amounts, “which deters him, because the claim could become very unprofitable economically. However, we must encourage all travelers. Those affected by the situation can make a claim.”