In 2012, the Knesset approved a law MP Ahmad Tibi on compensation in case of delay or cancellation of flights. Over the past five years, the law was amended several times and the judicial practice resulted in the issuance of important precedent decisions.
Before the beginning of the holiday season edition NEWSru.co.il reminds the readers about their rights in case the airline ruined their vacation.
The law on aviation (compensation and assistance in case of flight cancellation or changes in the terms and conditions)
The law applies to all flights (scheduled, Charter) all airlines licensed for provision of carrier in Israel.
While the injured passenger may use the law only in case if he has not received compensation under foreign legislation. This means that the passenger will not be able to obtain two compensation (in Israel and abroad) for the same violation.
The law does not apply to transfers, delays and cancellations resulting from a legal strike or not depending on the company to force majeure (natural disaster, hostilities), and also canceled to avoid violations of the sanctity of the Sabbath or holiday.
Strike sanctions carried out by the employees of the company in violation of the law, do not exempt an airline from paying compensation to passengers.
The Statute of limitations under this law – 4 years from the date a canceled/late flight.
Passenger no show/late registration, is not entitled to compensation. Also no compensation is paid if the passenger was provided with tickets for another flight arriving at the same destination at the same time with the same conditions.
The passenger received the ticket for free or at a special rate, not available to consumers (not part of membership in a consumer club of the airline or the organizer of the flights), is not entitled to compensation.
Compensation for a flight delay put passengers in case the delay exceeds 2 hours.
In case of delay for a period of 2 to 5 hours, passengers on food, drink and communication services (two phone calls and a message by Fax or email).
In case of delay for a period of 5 to 8 hours, the passenger should be offered a refund or a ticket on another flight (the passenger’s choice). If a passenger chose a flight that departs the next day, the company is obliged to provide him food, communication services, hotel room and transportation to the hotel. If the flight was late because of the strike, the passenger will be entitled only to a refund/another ticket, food and communication services. In case of delay of flight for 8 hours or more, it is considered cancelled.
In the event of a flight cancellations or delay of eight hours or more, the company is obliged to provide the passenger with meals and communication services, a refund for the ticket or other ticket, as well as monetary compensation without proof of damages in the amount of NIS 1.280, if the distance of the flight more than 2 thousand kilometers, 2.050 shekels – if the distance of the flight from 2 thousand to 4.5 thousand kilometers, and 3.070 shekels – if the distance flown more than 4.5 thousand kilometers.
If the passenger chose not to refund, and the ticket to another flight, the company can reduce the compensation amount by half, if the delay in the arrival time of alternative flight to the destination is less than two to four hours compared to the arrival time of the original flight.
Cash compensation without proof of damage is not due if the cancellation is notified not less than 14 days prior to the departure date, or not less than 7 days before the date of departure, if the passenger was offered a ticket for an alternative flight with the departure time at destination no more than two hours later than the original departure time, and arrival time not less than four hours later than the original.
In any case, monetary compensation without proof of damages are not entitled to in case passenger was offered a ticket for an alternative flight with the departure time at destination no more than two hours later than the original departure time and the arrival time is not less than four hours later than the original.
Exemption of airlines from payment of compensation without proof of damage is voided if the passenger is forced to abandon a proposed alternative flight for safety reasons, religion or health, and if the alternative ticket has not been suggested traveling with him (relatives, chaperones, etc.).
The burden of proof of notice to the passenger about the cancellation rests with the airline or the organizer of the flight.
The transfer flight to an earlier date
In the case of a notice of transfer flight to an earlier period of 5-8 eight hours less than 14 days prior to departure, the passenger has the right to receive a refund for the ticket or ticket to another flight.
In the case of a notice of transfer flight to an earlier period of more than eight hours, less than 14 days prior to departure, the passenger, in addition to a refund or an alternative ticket is also eligible to receive monetary compensation without proof of damage, as in the case of flight cancellation.
Changing conditions of flight
If the company, for reasons of his own, decided to provide the passenger with a ticket a more expensive class, she has no right to demand from it additional charges.
If the company, for reasons of his own, decided to provide the passenger with a ticket cheaper class, she is obliged to pay passengers compensation in the amount of 60% of the cost of a ticket when transplanting from first class to business class, 80% refund – when transferring from business class to tourist class, 90% refund – when transplanting from first class to tourist class.
Refusal of carriage of the passenger
If the company took the decision to refuse a passenger due to overbooking (overbooking), the representative must first contact the other passengers to see if they are willing to give up their seat in exchange for monetary compensation. If none is found, the passenger who was denied boarding has the right to receive a refund for the ticket or a ticket for another flight, cash compensation without proof of damage as in the case of cancellation of a flight, meals and communication services, and in the case of long delay – the payment of hotel and delivery to the hotel.
The amount of compensation will be reduced by half if an alternative flight, the ticket which received the passenger will arrive at the destination with a delay of no more than 4-6 hours, compared with the original arrival time, depending on distance flight.
Compensation for refusal to carry passenger not paid in cases if it is associated with illness or safety reasons, or if he does not have his travel documents. Despite this, passenger can get a refund if he arrives at the airport at least three hours before departure, collaborated with the security services, which came to the conclusion that he can fly, and his travel documents are in order.
Flights with a stop and flights in the framework of a tourist package
In the case of buying tickets for a flight with a stop, if the claim event occurred at the bus stop, compensation in accordance with the law in the calculation for the entire route, including already done the flight if the passenger did not get to the final destination. If the passenger because of the claim case decided not to continue the flight, the organizer of the flight is obliged to provide him with a free ticket to the point of departure in addition to the compensation laid.
In the case that the ticket was sold in the framework of a tourist package, the ticket price will be calculated in accordance with the type of flight type of ticket and the distance. Charter flights and scheduled flights tourist class: up to 2 thousand km – 770 shekels, up to 4.5 thousand km 1.540 shekels, more than 4.5 thousand km 2.560 shekels. Regular flights business class – 2.050, 3.590 and 6,400 NIS, respectively, regular flights in first class – 4.100, 7.170, 12.810 shekels, respectively.
Terms and conditions of payment of compensation
Return fares (including all components – VAT, airport tax etc.) must be made within 21 days from the date of application.
Payment of compensation without proof of damage must be made within 45 days from the date of application.
Compensation for changes must be made within 21 days from the date of application.
Amendment of 2017
In case of refusal of the organizer of the flight to provide passengers required by law to services and compensation the court may sentence the offender to pay passengers for «exemplary» compensation in the amount of 10.250 shekels without having to prove damages.