Moroccan Court Rules Train Delay Constitutes Breach of Contract, Awards Passenger $1,000 in Damages
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A landmark ruling in Morocco has established a significant precedent for passenger rights, affirming that train operators are legally obligated to deliver passengers on time. The Marrakech Commercial Court of Appeal upheld a lower court’s order requiring the ONCF, Morocco’s national railway office, to pay 10,000 Moroccan dirhams – approximately $1,000 USD – to a passenger whose train was delayed by one hour and fifteen minutes while traveling between Marrakech and Rabat.
The Case for Timeliness
The court’s decision centers on the concept of a “breach of the obligation of result,” meaning the ONCF failed to fulfill its fundamental duty to transport the passenger as agreed. The railway office attempted to justify the delay by citing scheduled maintenance work, but the court rejected this explanation. According to the ruling, maintenance operations are inherently predictable and should be planned accordingly, thus negating any claim of force majeure – an unforeseen circumstance excusing contractual obligations.
“These operations can be planned, and therefore predictable,” the court stated, effectively shifting the responsibility for timely service back to the ONCF. This ruling establishes that a delay, in this instance, is considered a fault, and that fault entitles the passenger to compensation.
Beyond Material Damages: Recognizing Emotional Distress
Perhaps more groundbreaking, the court extended the scope of damages beyond purely financial losses. Even in the absence of demonstrable material damage – such as lost wages or missed business opportunities – the court recognized the validity of moral damage. This encompasses the frustration, anxiety, and disruption of professional commitments caused by the delay.
The court acknowledged that “the wait, the anxiety, the compromised professional commitments… so many elements which justify compensation.” This represents a significant step toward recognizing the emotional toll that service disruptions can inflict on passengers.
Refund Denied, Principle Upheld
Interestingly, the passenger’s request for a simple ticket refund was denied. The court reasoned that the transport service was ultimately provided, even if it was late. However, this denial does not diminish the core principle established by the ruling: arriving on time is an integral part of the transportation service, not merely an optional add-on. As one legal analyst noted, “Justice reminds us that traveling is not just about arriving — it is about arriving on time.”
This decision, reported on Wednesday, October 15, 2025, by Mohamed LOKHNATI, is expected to have far-reaching implications for passenger rights and service standards across Morocco’s railway network. It signals a growing willingness by the courts to hold transportation providers accountable for the timeliness of their services and to recognize the broader impact of delays on passengers’ lives.
