ONCF Fined $5,000 After Train Delay Causes Passenger to Miss International Flight

Driss El Ouali, a member of the Moroccan Network for the Right of Access to Information (REMDI), was supposed to go to Ottawa to participate in the Global Summit of the Open Government Partnership, which took place from May 29 to 31.

Forced to postpone his trip to the next day and make a new reservation, the man had to sacrifice the first day of the conference for what he considers "a failure on the part of the Office to fulfill its commitments to him." In his petition, he claimed 100,000 dirhams in damages plus court costs.

In the absence of force majeure, the court did not take into account the argument put forward by the defense of the public office. Describing the delays as "normal," the latter had tried to evade its obligations by calling for the insurance company to be involved.

Article 479 of the Commercial Code stipulates in this regard that "If the departure is delayed, the passenger is entitled to damages. If the delay is abnormal or when, due to the delay, the passenger no longer has an interest in completing the trip, he also has the right to terminate the contract or recover the travel price he has paid. He is not entitled to damages if the delay depends on a fortuitous event or force majeure".