ONCF Held Accountable for Delayed Train
A recent ruling from a commercial court in Casablanca has compelled Morocco's national railway operator, ONCF, to compensate a trainee lawyer with MAD 5,000 following a significant train delay that caused him to miss a crucial appointment. The incident occurred on November 23, 2024, when the lawyer boarded a train at Casablanca Port station, anticipating to arrive in Temara by 11 a.m. for a scheduled professional engagement at 11:30 a.m. However, the train was delayed by approximately 90 minutes due to an unexpected stop, ultimately arriving at 12:30 p.m. This delay not only disrupted the lawyer's schedule but also posed a potential risk to his professional standing under the guidance of his supervising lawyer.
In his claim, the plaintiff initially sought damages amounting to MAD 30,000, citing the professional harm caused by the delay. The court's decision emphasized that ONCF holds a strict obligation as a carrier, which is classified as an 'obligation of result.' This designation implies that passengers are entitled to be transported within the promised timeframe. The judges dismissed ONCF's defense based on its contractual conditions, clarifying that these conditions only apply to delays communicated prior to departure and do not include interruptions that occur during the journey. Furthermore, the court ruled that Wafa Assurance, the insurer, would be responsible for covering both the compensation and associated court costs.
In today's fast-paced society, many passengers have adapted to delays, often accepting them as an inevitable aspect of modern travel. Nevertheless, this legal ruling serves as a reminder that when schedules are not adhered to, accountability must be upheld, and individuals may rightfully seek restitution for any inconveniences suffered.
As reported by en.hespress.com.
