Benito v Pan American World Airways

Doctrine: Conditions in a plane ticket exempting the common carrier from liability for damages caused to its passenger due to its negligence are offensive to public policy and void.

Failure to notify passenger or non-availability of flight of which the carrier was aware before the passenger's departure is negligence.

Facts:

Benito and Carnain (moslems) wanted to go to an annual Pilgrimage in Mecca. They booked an air passage from Manila to Jeddah with Sharp Travel Agency thru the manager, Joaquin Gonzales. Air France accepted the booking.

Plaintiffs left Manila at 6 pm, reached Tehran and Beirut as scheduled. Unfortunately, they were informed that the flight for Jeddah left the previous day. Since it was useless for them to wait for the next flight because the ceremonies in the Holy City would have been over, they were forced to return to Manila. The plaintiffs sued Air France and Pan American for damages.

Issue: 

Whether or not Pan American is liable for damages.

Held:

Yes.

Conditions in a plane ticket exempting the common carrier from liability for damages caused to its passenger due to its negligence are offensive to public policy and void.

The condition/stipulation in the ticket provided: “Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch, but no particular time is fixed for the commencement or completion of carriage. Subject thereto, carrier may without notice substitute alternate carriers or aircraft and may alter or omit the stopping place shown on the face of the ticket in case of necessity. Times shown in timetables or elsewhere are approximate and not guaranteed, and form no part of this contract. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections

Failure of a common carrier to notify a passenger of the alteration or non-availability of a connecting flight to his place of destination, of which the carrier was aware before the passenger’s departure, is omission to act with diligence and to exercise the necessary precaution in connection with its contract of carriage with the passenger.

The court held that the condition in the tickets exempting a common carrier from liability for damages caused to its passengers due to its negligence, are offensive to public policy and thus void. Article 1760 of the Civil Code prohibits the elimination or limitation of pecuniary responsibility, even by common stipulation, as far as common carriers are concerned