Dear Atty. Gab

Musta Atty! I hope this message finds you well. I’m writing to you today, completely disheartened and seeking some legal clarity regarding a terrible experience my business partners and I had with XJAirlines. We are a small tech startup from Cebu, and we had poured all our savings into attending the “InnovateAsia Tech Expo” in Singapore last month. This expo was a make-or-break opportunity for us to secure funding and showcase our product, “LikhaWorks,” a new AI-powered design tool.

My partners, Miguel Reyes and Anna Cruz, and I had confirmed roundtrip tickets (Booking Ref: ZYX987) purchased well in advance directly from the XJAirlines website for flight XJ789 from Mactan-Cebu to Singapore on March 15, 2024, at 9:00 AM. When Miguel and I arrived at Mactan-Cebu International Airport, we were shockingly informed at the check-in counter that our bookings were supposedly “invalidated” and our names weren’t on the passenger manifest. Anna, however, was listed and allowed to board. We presented our printed e-tickets and the email confirmation clearly showing our confirmed status and seat assignments (22A and 22B for Miguel and me, 22C for Anna).

The airline staff were incredibly dismissive and unhelpful. One supervisor, Ms. Rina David, even rudely implied we might have cancelled the tickets ourselves or bought them from an unaccredited source, which was untrue. They offered no immediate solutions or explanations for the supposed invalidation. After hours of distress and frantic calls, we missed our flight. We eventually managed to secure seats on a different airline’s flight the next day, at a significantly higher cost (P35,000 each, one way), but by then, we had missed our scheduled presentation slot at the expo and two crucial pre-arranged meetings with venture capitalists. The potential investment we lost is estimated at P5,000,000. The entire ordeal caused us immense stress, humiliation in front of other passengers, and significant financial strain. What are our rights in this situation? Can Miguel and I claim damages for the missed business opportunity, the additional flight costs, and the emotional distress caused by XJAirlines? Anna, who made the flight, also feels her trip was partly ruined due to our absence and the initial stress. Any guidance would be greatly appreciated.

Sincerely,
Laura Belmonte

Dear Ms. Belmonte,

Thank you for reaching out and sharing your distressing experience with XJAirlines. I understand how frustrating and damaging such an incident can be, especially when significant opportunities are at stake. Your situation involves a potential breach of contract of carriage by the airline, which could entitle you and Mr. Reyes to certain damages.

In Philippine law, a contract of carriage is perfected when an airline issues a ticket to a passenger. If the airline then fails to transport the passenger as agreed, despite a confirmed booking, it generally constitutes a breach of that contract. The key for you and Mr. Reyes is to establish the existence of your confirmed tickets and the airline’s failure to honor them. For Ms. Cruz, since her contract of carriage was fulfilled, her claim for damages directly against the airline for breach of her own contract would be more challenging, though the overall negative experience is understandable. The rude behavior of airline staff, if proven to be in bad faith, can also be a factor in awarding certain types of damages.

Navigating Your Rights When an Airline Fails to Honor Your Ticket

When an airline fails to transport a passenger holding a confirmed ticket, this is a fundamental breach of its obligations. The law provides remedies for passengers who suffer due to such non-performance. In cases involving a breach of contract of carriage, the passenger primarily needs to demonstrate two things: the existence of the contract (evidenced by the confirmed ticket) and the carrier’s failure to perform its obligation to transport.

As the Supreme Court has clarified on this matter:

“in an action based on a breach of contract of carriage, the aggrieved party does not have to prove that the common carrier was at fault or was negligent. All that he has to prove is the existence of the contract and the fact of its non-performance by the carrier.”

This principle simplifies your initial burden of proof regarding the airline’s liability for failing to transport you and Mr. Reyes. The fact that you held confirmed tickets and were denied boarding without a valid, lawful reason points to a non-performance of the airline’s duty.

Once a breach is established, the next consideration is the damages that may be claimed. These can include actual or compensatory damages (like the cost of new tickets), moral damages, temperate damages, exemplary damages, and attorney’s fees.

Moral damages are awarded to compensate for physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injuries. However, to be awarded moral damages, clear proof of the suffering experienced is necessary. Mere allegation is not enough.

“the award of moral damages must be anchored on a clear showing that [the complainant] actually experienced mental anguish, besmirched reputation, sleepless nights, wounded feelings or similar injury. There was no better witness to this experience than [complainant] himself. Since [complainant] failed to testify on the witness stand, the trial court did not have any factual basis to award moral damages to him. x x x Mere allegations do not suffice; they must be substantiated by clear and convincing proof.”

Thus, for you and Mr. Reyes to claim moral damages, you would need to testify and provide evidence of the emotional distress and humiliation you suffered due to the airline’s actions, including the alleged rude behavior of the staff.

For the missed business opportunity, which you mentioned is hard to quantify precisely, temperate or moderate damages may be applicable. The Civil Code provides for this type of damage:

“Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved, with certainty.”

If the court finds that you indeed suffered a pecuniary loss (like the lost chance to secure P5,000,000 in investments and present “LikhaWorks”) but the exact amount is difficult to ascertain, an award for temperate damages would be appropriate to recognize that loss.

Exemplary or corrective damages may also be sought. These are imposed by way of example or correction for the public good, in addition to moral, temperate, liquidated, or compensatory damages. A key requirement for exemplary damages is that the wrongful act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive, or malevolent manner.

“Exemplary damages are not recoverable as a matter of right. The requirements of an award of exemplary damages are: x x x (3) the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner.”

If the airline’s denial of boarding and the subsequent treatment by its staff (like Ms. David’s alleged rudeness and dismissiveness) are proven to have been in bad faith or constituted wanton conduct, this could be a basis for exemplary damages. This is particularly relevant if it is found that your bookings were, for example, unjustifiably cancelled or given to others, and this fact was concealed or mishandled.

Regarding Ms. Cruz, while her contract of carriage was performed, the overall experience was undoubtedly negative. However, her direct claim against the airline for breach of her own contract is not as straightforward as yours and Mr. Reyes’s. The contract of carriage does not typically guarantee that companions will travel together if issues arise with some individual tickets. Her damages would likely be indirect, and harder to claim from the airline based on breach of her specific contract.

Finally, if you are compelled to litigate to enforce your claim, you may also be entitled to attorney’s fees.

In situations where a travel agency is involved and contributes to the error (e.g., erroneous cancellation instructions), both the airline and the travel agency could be held jointly and severally liable as joint tortfeasors if they acted in concert or their combined negligence caused the injury. While you booked directly, the principle of joint liability applies generally where multiple parties contribute to the harm.

Practical Advice for Your Situation

• Gather All Documentation: Compile all your confirmed e-tickets, booking confirmations, receipts for the new tickets, any correspondence with the airline, names of staff involved (like Ms. Rina David), and any proof of your scheduled presentation and meetings at the InnovateAsia Tech Expo. Document the timeline of events meticulously.
• Formal Demand Letter: Send a formal written complaint and demand letter to XJAirlines, detailing the incident, the damages suffered (including the cost of new tickets and a valuation of the missed opportunity), and the compensation you are seeking. This is often a prerequisite to formal legal action.
• Testimony for Moral Damages: You and Mr. Reyes should be prepared to testify about the specific mental anguish, humiliation, and stress you experienced due to being denied boarding and the conduct of the airline staff. Be specific about how the incident affected you emotionally and reputationally.
• Articulate Pecuniary Loss for Temperate Damages: Clearly explain the nature of the missed business opportunity. While the exact P5,000,000 investment might be speculative, detail the steps taken, the importance of the expo for “LikhaWorks,” and the potential impact of not being able to present or meet investors. This will support your claim for temperate damages.
• Assess for Bad Faith: Consider if the airline’s actions – such as the lack of a clear explanation for the “invalidated” tickets, the dismissive attitude, or if your seats were given to others without proper procedure – amount to bad faith, which is crucial for claiming exemplary damages.
• Ms. Cruz’s Position: While Ms. Cruz’s frustration is valid, her legal claim against the airline for breach of her own carriage contract is significantly weaker since she was transported. Her testimony, however, could be valuable as a witness to the events that transpired with you and Mr. Reyes.
• Consider Actual Damages: The P35,000 each you spent on new tickets is a clear item of actual or compensatory damages that you should claim.
• Seek Legal Counsel for Next Steps: Depending on the airline’s response to your demand letter, you may need to pursue formal legal action. Consulting with a lawyer will help you navigate the process effectively.

This situation is indeed unfortunate, and I hope this information provides you with a clearer understanding of your potential rights and the legal avenues available to you and Mr. Reyes. The key will be to meticulously present your case and the evidence supporting your claims for the various types of damages.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.