Argentina: Damages For Delay in Air Transportation

Both the Warsaw Convention (art. 19) and the Montreal Convention (art. 19) establish the liability of the air carrier in case of delay in passenger transportation.

These conventions set limits of liability but they do not specify the type of damages (direct damage, loss of profits, moral damage) to be indemnified.

What type of damages should be indemnified? Should moral damage be included? The answer has usually been found in the legislation of those countries where the issue has been legally discussed, and particularly the concept of what damages are recoverable under said legislation in respect of contractual claims.

It is interesting to analyse how this issue is treated in Argentina, one of the Latin American countries where aviation liability matters are more frequently debated and litigated. Two recent judgments provide some potential conclusions.