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When you are traveling abroad, failures in flight can ruin a vacation or seriously damage the purpose of the travel. To help passengers, in 2012 in Israel, a law was passed that defines their rights when the cancellation or delay of flights.
This law, also known as the «Tibi law,» (named after its initiator, member of Knesset Ahmad Tibi), based on the principles of the Directive of the European Union. One of its main provisions is the right of passengers flying from Israel or to Israel, in compensation for the cancellation of the flight – and the flight is delayed for eight hours or more is equivalent to cancellation. The amount of compensation from 1280 to 3080 shekels, depending on the length of flight. The passenger has to prove how he was affected by the flight cancellation: payment for the businessman missed million dollar deal, will be exactly the same as the student who booked the ticket on the same flight to clear my mind.
The law applies to tickets with transfers from the start or end point in Israel – for example, a flight from Khabarovsk to tel-Aviv with a stopover in Moscow. It happens that a passenger is late for a connecting flight due to a slight delay the first flight. If the passenger gave the ticket to another flight at the destination, departing after eight or more hours after the missed flight, this situation is also equivalent to the cancellation and payment will be calculated by the distance from the initial to the final point.
In some cases the law exempts the airline or the operator of the flight from the payment of compensation. Most disputes arise when a company refuses to pay compensation, based on unforeseen and unavoidable circumstances. For instance, courts generally recognize «good» reason for bad weather, war or other circumstances beyond the control of the company. But the problem in the plane is not always recognized such a cause, as with proper maintenance many of them can be avoided.
The company is obliged to justify the reasons for the refusal in compensation for the cancellation of the flight. When the company refers to «operational reasons» or use other vague statements, it is possible to suspect that in fact it does not have sufficient grounds for refusal.
Even if the flight cancellation was inevitable, the company should help passengers to contact with their families, to provide him with food, accommodation, ticket refund or ticket to another flight, departing as soon as possible – and the right to choose between a refund and a ticket for another flight remains with the passenger. Part these benefits rely and the delay duration from two to eight hours.
Passenger rights, which the company refused to Board the plane because of «overbooking» or other dependent passengers reasons similar to the rights of passengers whose flight was cancelled or delayed more than eight hours.
The passenger is entitled to a ticket refund or ticket to another flight and when the flight is postponed for five or more hours earlier, and if a flight moved earlier to more than eight hours, passengers are usually deferred compensation. The law establishes the amount of compensation for the transfer passenger in a lower class (e.g. business class, economy class). It applies to flights within Israel, but in this case, the delay of the flight for three hours is equivalent to cancellation, and the amount of compensation is much less.
It is important to know that the law requires companies to provide passengers who are «affected» and entitled to the benefits under law, the document with the explanation about these rights.
When the court acknowledges that the company without good reason refused, the passenger in compensation for the cancellation of the flight or has not provided benefits to which he is entitled, he may award against the company and even a «penalty» payment. Judges usually limited to small amounts, but still, when the passengers were received in court on 5-6 thousand shekels «on the head» for violation of their rights under «the law.» – are not uncommon. But if you can prove systematic violations of law by some company, you should weigh and the possibility of collective action.
The information is of a General nature, does not replace legal advice or check the laws and precedents.
Attorney Michael Honey specializiruetsya on protection of consumer rights, including class actions.
Ul. 75 Herzl, Ramat Gan, tel 03-9036260 / 054-5709713, Internet site medovoy-law.co.il