Air France v Carrascoso

Facts:
Air France issued to Carrascoso, a civil engineer, a 1st class round trip ticket from Manila - Rome. During
the stopover at Bangkok, the Manager of Air France forced plaintiff to vacate the 1st class seat because
there was a "white man" who had better right to the seat.

As a result, he filed a suit against Air France where the CFI Manila granted him moral and exemplary
damages.

Issue:
Whether or not Carrascoso was entitled to the 1st class seat and consequently, whether or not he was
entitled to the damages awarded.

Held:
Yes to both.
To achieve stability in the relation between passenger and air carrier, adherence to the ticket issued is
desirable. Quoting the court, "We cannot understand how a reputable firm like Air France could have the
indiscretion to give out tickets it never meant to honor at all. It received the corresponding amount in
payment of the tickets and yet it allowed the passenger to be at the mercy of its employees. It is more in
keeping with the ordinary course of business that the company should know whether or not the tickets it
issues are to be honored or not."

Evidence of bad faith was presented without objection on the part of the Carrascoso. In the case, it could
have been easy for Air France to present its manager to testify at the trial or secure his deposition but
defendant did neither. There is also no evidence as to whether or not a prior reservation was made by the
white man.

The manager not only prevented Carrascoso from enjoying his right to a 1st class seat, worse he
imposed his arbitrary will. He forcibly ejected him from his seat, made him suffer the humiliation of having
to go to tourist class just to give way to another passenger whose right was not established. Certainly,
this is bad faith.

Passengers do not contract merely for transportation. They have a right to be treated by the carrier's
employees with kindness, respect, courtesy and due consideration. They are entitled to be protected
against personal is conduct, injurious language, indignities and abuse from such employees. Any
discourteous conduct on the part of employees towards a passenger gives the latter an action for
damages against the carrier.

Exemplary damages were also awarded. The manner of ejectment fits into the condition for exemplary
damages that defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.

*Bad Faith - state of mind affirmatively operating with furtive design or with some motive of self-interest or
ill will or for ulterior purpose