For a flight bound for Morocco, a passenger with reduced mobility had booked specific assistance with an airline. At the end of the journey, he denounces the conditions under which this assistance was provided to him.
The Mediation distinguishes between the services included in the chosen level of assistance and the shortcoming observed during boarding.
According to the traveler, the attendant charged with assisting him would have refused to help carry his personal items and would have left him at the foot of the stairs leading to the aircraft, forcing him to climb the steps on his own. Believing he had suffered harm, he seeks compensation.
The airline refused to grant a favorable response to his request.
The Mediation distinguishes between the services included in the chosen level of assistance and the shortcoming observed during boarding.
According to the traveler, the attendant charged with assisting him would have refused to help carry his personal items and would have left him at the foot of the stairs leading to the aircraft, forcing him to climb the steps on his own. Believing he had suffered harm, he seeks compensation.
The airline refused to grant a favorable response to his request.
Ce que disent les textes :
To examine the claim, the Mediation looked at the level of assistance chosen by the passenger. The airline indeed offers several options, depending on each person’s needs.The traveler had selected the level intended for people able to walk short distances, but who cannot climb stairs. He had not chosen the level designed for people who are entirely immobile and require help for all their movements.
This distinction matters. According to the information provided, the help to carry personal items and the escort to the seat fell under the level of assistance not chosen.
The Mediation therefore believes that the absence of these services does not justify compensation.
However, the passenger had indeed indicated that he could not climb the stairs. Leaving him alone at the foot of the plane’s stairs thus constitutes a lapse in the handling.
Ce que préconise la Médiation Tourisme et Voyage :
L’article 1217 du Code civil prévoit qu’une partie peut demander réparation lorsque son cocontractant n’exécute pas correctement ses obligations.
Sur ce fondement, la Médiation estime donc qu’un dédommagement est justifié pour ce manquement précis et recommande à la compagnie aérienne d’accorder au passager un avoir de 20 euros, afin de clore le litige de manière équitable.
Sur ce fondement, la Médiation estime donc qu’un dédommagement est justifié pour ce manquement précis et recommande à la compagnie aérienne d’accorder au passager un avoir de 20 euros, afin de clore le litige de manière équitable.
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