A commercial court in Marrakesh has ordered the National Railways Office (ONCF) to pay 10,000 dirhams (about $970) in compensation to a passenger after a train traveling from Marrakesh to Rabat arrived an hour and 15 minutes late, ruling that maintenance work does not constitute “force majeure” exempting the company from liability.
The ruling, upheld on appeal, found that ONCF was responsible for the delay and must also bear court costs. The plaintiff, a lawyer, told the court that the delay caused her to miss several official appointments in Rabat, including document certifications at the Foreign Ministry and the UAE Consulate, which in turn delayed her client’s wedding and damaged her professional reputation.
The court determined that a binding contractual relationship existed between the two parties, citing the train ticket and a delay certificate issued by ONCF confirming the late arrival.
Contrary to the company’s argument that compensation required proof of material loss, the court held that under Article 479 of Morocco’s Commercial Code, passengers are entitled to compensation for moral and material damages stemming from a delay, as the carrier is obligated to deliver passengers to their destination at the scheduled time — a duty “to achieve a result,” not merely to make an effort.
While the plaintiff failed to prove material losses, the court recognized moral damages, citing “the stress and fatigue” caused by the delay. It dismissed ONCF’s defense that the incident was due to an unforeseeable event, finding instead that scheduled maintenance does not meet the legal standards of “force majeure,” since it is both predictable and within the company’s control.
The court rejected the passenger’s request to annul the transport contract and refund the ticket, noting that she had still benefited from the travel service.
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