A flight was delayed by 17 hours and the passengers’ demand for compensation was rejected by the airline, claiming that it was a technical problem of a security nature and therefore due to such special circumstances they are not entitled to compensation by law.
The Court held that under law a traveler will not be entitled to monetary compensation when it is proven that the flight was canceled due to special circumstances that could not be controlled and the cancellation could not have been prevented. The Court held that there is no technical malfunction that cannot be solved or has a reasonable solution. It is all a matter of price, economic feasibility, planning and deployment of a technical layout that capable of providing a suitable response to mishaps in a reasonable time. Therefore, only circumstances that are "force majeure", such as sudden and unexpected weather, natural disasters, wars, a general unforeseeable strike, a general malfunction in this type of aircraft etc. will justify the exemption. In this case, it was not proven that the mishap was so rare and so extraordinary that the airline could not have foreseen it and therefore the airline is to compensate the passengers