The Bat Yam Magistrate’s Court ordered the Israeli airline Arkiya to pay compensation to 115 passengers on a flight from Marrakesh to Tel Aviv in 2022 with a half-day delay.
The reason for the delay was a technical malfunction – the wheel brake fan was disconnected.
The plaintiffs sought statutory damages in the amount of NIS 2,120 per passenger, punitive damages in the amount of NIS 1,880 and moral damages in the amount of NIS 1,000 per passenger.
Arkiya, in turn, insisted that passengers were not entitled to compensation because the company was entitled to benefit from the protection provided by Section 6(e)(1) of the Air Services Act – the so-called “force majeure clause”.
According to the carrier, the flight was delayed due to exceptional circumstances beyond its control, and it promptly notified passengers of the delay and provided them with a full package of services – hotel accommodation, food and drinks.
The court rejected the reference to a force majeure clause, ruling that “the legislator has not defined which circumstances are exceptional and beyond the control of the air carrier,” and that “the operation of aircraft is inevitably associated with wear and tear and malfunctions, which airlines are obliged to foresee and for which they must be prepared.”
The court acknowledged that we were talking about an infrequent technical malfunction, but indicated that “the rarity of the defect alone is not enough to exempt from liability.”
Because the airline did not demonstrate that its representatives had taken all steps to prevent the delay, the court found that it had not met its burden of proof to be exempt from liability.
The final compensation was 460,000 shekels – 4,000 shekels for each of the 115 passengers, plus court costs and attorney’s fees.