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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.

RULING: YES. 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