Only texting flight cancellations?Court: The airline’s move conforms to the “green principle”, no liability
The flight is cancelled, but the airline only notifies the ticket buyer by text message…Mr. Luo of Nanning therefore sued the airline and the ticketing platform.On February 18, the People’s Court in Nanning’s Jiangnan District ruled that the airline’s actions met the “green principle” of the Civil Code and rejected Luo’s claim.On June 8, 2021, Luo and his wife spent more than 900 yuan on a ticket buying platform to buy two air tickets from Nanning to Shanghai on June 18.Luo said the couple had made an appointment with their daughter, who was in Beijing, to watch a basketball game in Suzhou.Unexpectedly, on the night of June 17, luo received a text message informing him that his flight had been canceled.Although the tickets were changed, luo’s family’s travel plans were disrupted.He said the trip meant so much to his family that the airline and the ticketing platform should have a say.In the case of complaints to nothing, last September, Mr Luo will spring airlines co., LTD. (hereinafter referred to as “spring airlines”) with tickets platform to the nanning city jiangnan district people’s court, the airline is required to provide written proof, canceled flights to apologize, and compensation for its losses of more than 1400 yuan each, are jointly and severally liable for platform.Mr. Lo’s request was denied.Spring Airlines argued that Mr. Luo could print “written proof of cancellation” through the company’s official website, so they do not need to submit “written proof of cancellation” to Mr. Luo, nor do they need to apologize in writing.The cancellation of the flight on that day is due to weather reasons and is force majeure. The company does not have to bear the liability for breach of contract or provide any other compensation.Ticket buying platforms said they had done their duty and refused to assume joint and several liability.The court said, according to article 9 of the civil code “civil subject in civil activities, shall be conducive to saving resources, protect the ecological environment” of the act, the airlines on its official web site Settings are available for passengers to print the cancelled flights to certify, conform to the stipulations of the civil code of the above, is conducive to saving resources, protect the ecological environment,Passengers who have purchased tickets can also print them at any time according to their needs. Therefore, Mr. Luo’s request for the airline company to submit written proof of flight cancellation and written apology will not be supported.As for compensation, if the flight was cancelled due to weather reasons, the contract could not be performed due to force majeure. Moreover, the airline company and the ticket purchasing platform have informed Mr. Luo of the flight cancellation information and cooperated with him to complete the ticket change procedures, so the airline company shall be exempted from liability.In the end, the court rejected all of Luo’s claims.Lu Jiaxin, the judge who presided over the case, told reporters that the Civil Code for the first time established the “green principle”, stressing that civil actions should be based on the premise of protecting the environment and ecology, and citizens should abide by the “green principle” and engage in civil activities.The case was decided on that principle.Judge Lu also reminded that the cancellation of flights due to force majeure is impossible to take measures to avoid the situation, the resulting breach of the carrier is not liable, but the carrier should promptly notify the other party.Therefore, if the flight is cancelled due to force majeure, the ticket purchaser’s claim for loss cannot be supported.This article is produced by South China Morning Post, without permission, any channel, platform please do not reprint.Offenders shall be prosecuted.