A Brazilian court has ordered an airline to compensate three passengers after an international flight returned to its origin airport due to a technical issue, resulting in a delay exceeding 30 hours. The 10th Civil Court of Ribeirão Preto, located in the state of São Paulo, ruled that the airline had failed to provide adequate service and assistance, despite the carrier claiming that the maintenance issue constituted an unforeseeable event. The case involved passengers traveling internationally with routes connecting Guarulhos (São Paulo), Istanbul, Vienna, and Prague. The flight to Istanbul, scheduled for May 18, 2025, initially experienced a 4-hour and 25-minute delay before taking off.
Shortly after departure, the aircraft returned to the origin airport due to excessive noise, significant vibration, and damage to the landing gear axle structure. Passengers were not rebooked until the following day, which caused a delay of over 30 hours beyond their original arrival time. They also incurred additional losses, including a canceled hotel stay in Istanbul that cost R$ 1,950.27 and a prepaid tour guide fee of R$ 718.
The airline argued that the maintenance issue constituted a force majeure event and stated that it had provided lodging and meals to the passengers during the extended wait. However, the judge determined that the maintenance problem was an internal fortuitous event inherent to the airline’s operations and rejected the carrier’s force majeure defense.
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The ruling overturned a prior decision that was based on a theme previously addressed by the Supreme Federal Court, which dealt with liability for flight cancellations. It applied provisions of the Brazilian Civil Code (CDC) to establish the airline’s objective liability for the delay and inconvenience caused. The court found that the company had not fully or effectively provided assistance to the passengers during the delay, as required by law.
Material damages were set at R$ 2,668.27 per passenger, covering the hotel and tour guide expenses. Moral damages were assessed at R$ 5,000 per passenger, which when combined, totaled R$ 15,000 in compensation for the affected passengers. The judge cited the flight’s return to the origin airport, the cancellation of the original itinerary, the delayed rebooking, and the inadequate assistance provided as justification for the moral damages award.
