CANCELLED FLIGHT - ISRAEL
Definition: A flight that didn’t happen or a flight that was delayed more than 8 hours (even if it took off 8:02 after the originally scheduled take-off time).
THE RULE:
A passenger whose flight has been cancelled, will be entitled to receive the following Benefits from the airline:
- Assistance Services without payment*, as detailed below:
(a) food and drink In accordance with the waiting time (in this Law – Food and Drink);
(b) accommodation at a hotel if an overnight stay, or longer, is required or if a stay is required which Is longer than the planned stay of the passenger (in this Law – Accommodation Services);
(c) travel services between the airport and the hotel where the passenger is staying as stated in sub paragraph (b), and if the passenger has chosen to stay elsewhere at a reasonable distance from the airport during the said period of time, as stated In that sub paragraph – travel services between that place and the airport (in this Law- Travel Services);
(d) two telephone calls and the sending of a notice by fax or e-mail at the election of the passenger (in this Law – Communication Services)
* El-Al and several other airlines will tell you to get your own transportation and hotel and then submit receipts for reimbursement.
THAT IS A VIOLATION OF LAW!
It is advised that respond to the airline personnel that you know that their position is unlawful and demand that they pay for the transportation and hotel up front and make sure you video the whole exchange. Also, it would be good if you video the airline saying the same thing to many passengers; to prove widespread violation of the law,
AND
- (2) Reimbursement of the cost of the ticket if the passenger abandoned his plans to fly
in the amount paid for the Flight Ticket, including any payment paid for the Flight Ticket, including fees, levies, taxes and other obligatory payments, OR
- a Replacement Flight Ticket, at the election of the passenger (to the Final Destination of the passenger, under as similar conditions as possible to the conditions of the original Flight Ticket issued to him and at the earliest time possible, or at a later date in coordination with the passenger, and subject to available places on the flight);
AND
- Statutory compensation
1440 NIS – flights 2000 km or less (approx. $390)
2310 NIS – flights between 2000 km-4500 km (approx. $625)
3460 NIS – flights over 4,500 km (approx. $935)
It is JustNotFare’s position that if the airline violates the law and does not provide you with a replacement ticket and you have to buy a more expensive replacement ticket, the airline owes you the differential between the amount reimbursed for the unused portion of the original ticket and the cost of your more expensive replacement. flight
THE EXCEPTIONS:
Exception #1:
Compensation is not owed if the airline gave notice of the cancellation at least 14 days before the date of the flight stipulated in the flight ticket;
Exception #2
The flight has been canceled due to ‘special circumstances’ which were not under the airlines control AND
even if it would have done whatever was under its control – it could not have prevented the cancelation due to those circumstances.
This is a nearly impossible burden to meet this exception!
What is NOT a ‘special circumstances’:
Weather conditions – no matter how bad
Mechanical failure,
Drunk pilots/stewards or stewardess,
War (when the airport is open and other airlines are flying)
What may be a ‘special circumstances’ (and that is the short list)
A bird strike – birds get sucked into the engine on take-off or landing
A sick/unruly passenger
And then the airline would have to prove that it did everything in its power to avoid the cancellation of the flight, notwithstanding this extraordinary situation. Again, is a nearly impossible burden to meet the second part of the exception!
If you have any questions related to a cancelled flight situation, please feel free to email us at justnotfare@gmail.com.