Israeli versus European: what are my rights as a passenger if the flight is delayed or cancelled

A flight that is postponed by a few hours or canceled a few days ahead of schedule, may disrupt plans, ruin an entire trip and create an unpleasant chain reaction of schedule changes. Unfortunately, such things happen from time to time for a variety of reasons and will likely continue to happen. What is important to know and recognize is all the rights, benefits and compensations that we, the passengers, deserve in any case of a significant change in our flight.

Two main rights tracks that are important to know – Israeli law (Tibi law) and regulations EU261 Europeans. Both laws grant a variety of rights in cases of flight cancellation or delay. In some cases we will be entitled to only one of them, and in other cases we can choose the most profitable law for us for that case. Let’s get to know the rules.

When is compensation due according to Israeli law?

The Israeli Aviation Services Law, also called the “Tibi Law”, applies to all The flights that take off from the territory of the State of Israel or to it, including flights that include a stopover.

flight delay Not every rejection grants compensation. In cases where you deserve compensation, it will be determined according to the duration of the delay.

  • Delay up to two hours – no entitlement to compensation.
  • A delay of more than two hours – you are entitled to food and drink and means of communication (if you are required to pay for food while waiting for the flight, it is recommended to keep receipts).
  • A delay of more than five hours – there is a right (in addition to food and communication) to receive a full refund or to choose an alternative flight ticket (as long as the alternative flight is the next day, there is a right to a hotel and round trip transportation).
  • A delay of more than eight hours – is considered a flight cancellation and there is an entitlement to financial compensation.

flight cancellation In any case of flight cancellation, there is a right to a full refund or an alternative flight ticket and related services that include food and drinks, and hotel accommodation including round trip transportation. In addition, you are entitled to financial compensation according to the flight time. What will be the amount of compensation:

  • Flight up to 2,000 km (Greece, for example): NIS 1,530.
  • Flight up to 4,500 km (Europe, for example): NIS 2,450.
  • Flight over 4,500 km (USA, for example): NIS 3,670.

Eligibility for partial compensation. In the case of an alternative flight, if you took it, and the landing time is delayed by two to four hours (depending on the flight distance), you are entitled to compensation of half of the full amount.

When is there no entitlement to flight cancellation compensation in Israeli law?

  • In the case of advance notice, more than 14 days from the date of the flight.
  • In cancellation due to “special circumstances”, such as abnormal weather, strikes and other emergencies.

When is compensation due according to the European law-EU261?

European law applies to any flight departing from a country that is part of the European Union (regardless of the identity of the airline), or a flight operated by an airline registered in the European Union, even if the flight departs from a country outside of Europe (such as Israel) and enters Europe.

Delayed flight. Any delay of more than three hours “on landing” entitles to financial compensation. The amount of compensation is determined according to the flight distance.

  • Flight up to 1,500 km: €250.
  • Flight up to 3,500 km: €400.
  • Flight over 3,500 km: €600.

other compensations. In cases of delay without entitlement to financial compensation, for example a delay of two hours, there is an entitlement to other services such as food and drink, depending on the duration of the wait; phone calls; Accommodation in a hotel, if the flight is postponed to the next night, and transportation to the place of accommodation and back to the airport. In case of a delay of more than five hours, you can get a full refund on the card.

flight cancellation There is a right to financial compensation (of course, in addition to a replacement card or a refund). The amount of compensation is the same as for a delay of more than three hours and is determined according to those flight distances.

When is there no entitlement to flight cancellation compensation in European law?

Here, too, there will be no entitlement to compensation – in case of flight cancellation with advance notice more than 14 days from the flight date, or in case of cancellation due to “special circumstances”.

Which law is better?

The European aviation law is considered more lenient and it grants financial compensation as early as three hours late in landing. But, there are cases in which Israeli law will grant higher financial compensation, such as in more significant delays and longer flights.

In most cases of delays of 3-8 hours on flights to Europe – European law will be more profitable, because Israeli law does not provide financial compensation for such delays.

In any case where both laws apply, such as on a European airline flight from Israel to the European Union or any flight from the European Union to Israel, you can choose the law you prefer. In any case, it is not possible to receive double benefits from two different laws for the same event.

criterion Israeli law EU regulations261
Which flights does the law apply to? Any flight that takes off from or to Israel Any flight that takes off from Europe or any flight of a European company that lands in Europe
When can you receive financial compensation? Flight cancellation or delay of above from eight hours Flight cancellation or delay of above from three hours on landing
What services are available while waiting? Depending on the duration of the delay – food, drink and means of communication; Accommodation in a hotel Depending on the length of the delay – food, drink and means of communication; Accommodation in a hotel
Refund or alternative flight In any case of entitlement to a full refund, you can register for an alternative flight In any case of entitlement to a full refund, you can register for an alternative flight
Cases where the airline is exempt from compensation Cancellation 14 days or more before the flight date, or “exceptional circumstances” Cancellation 14 days or more before the flight date, or “exceptional circumstances”

Does European law apply to me?

Athens – Tel Aviv, European airline: yes.

Tel Aviv – Athens, European airline: yes.

Paris – Tel Aviv, Israeli airline: yes.

Tel Aviv – Paris, an Israeli airline: not.

Tel Aviv – Paris, a European airline: yes.

New York – Tel Aviv, European airline: not.

Tel Aviv – New York, a European airline: not.

What am I entitled to in case of flight delay or cancellation?

Delay. up to two hours: No eligibility. Up to five hours: food and drink. up to eight hours: Refund or replacement ticket including hotel accommodation. Over eight hours: Financial compensation according to the flight distance. In cases where European law applies: Any delay of more than three hours in landing is entitled to financial compensation according to the flight distance.

cancellation Full refund or alternative flight ticket and related services that include food and drinks and hotel accommodation. In addition, financial compensation according to the flight time.

missed connecting flight. On connecting flights, one of the segments of which is scheduled to leave Israel or arrive in Israel, if there was a delay in one of the flight segments, the amount of the financial compensation, if there is eligibility, will be equal to the full ticket price. But, the eligibility is only if the flight was purchased as one booking and not as separate flights.

Overbooking. A situation of “overbooking”, which does not allow all passengers to fly. In any case where an alternative seat is not found on the same flight, the entitlement to compensation is similar to the entitlement in the event of cancellation, and the amount of compensation (in addition to a refund and an alternative ticket) is determined according to the flight distance.

A significant change in the schedule. Any change in the schedule that causes the flight to be delayed for more than two hours, entitles to various compensations depending on the time of the delay, as detailed in the first section “Delay”.

How do you apply for compensation?

First step: contact the airline directly. Most companies have a dedicated form on the website.

If you booked the flight through a travel agency, the agency should contact the company and make sure you get what you deserve.

It is important to note that you fill in the following details: flight number and date, order number, a brief description of the event, and bank account details or payment method to receive the compensation.

The compensation request must be accompanied by: boarding pass, booking confirmation, notices from the company about the delay or cancellation, and receipts for expenses (food, accommodation).

The compensation date – according to Israeli law

Money back. The company must transfer the payment within 21 days from the date of the request.

Financial compensation. The company must transfer the payment within 45 days from the date of the request.

You can claim compensation for flight cancellation up to four years from the original flight date.

Frequently asked questions and answers

Do I deserve compensation for a delayed flight?

Depends on the length of the delay. If she was delayed less than two hours – no. Over two hours and up to five hours – yes, like food and drink. Over five hours – refund or replacement card. Over eight hours – additional financial compensation.

In the event that the flight departs from Europe or you fly to Europe with a European company – if there was a delay in landing of more than three hours, you are entitled to financial compensation.

What is the difference between Tibi Law and EU261?

The main difference – financial compensation in case of flight delay and not cancellation. In some cases – theEU261 Grants financial compensation and good law, no.

Is every flight to Europe covered?

yes. Israeli law applies to any flight from Israel to Europe, and in addition, if the airline is European, European law as well.

Does weather qualify for compensation?

In case of extreme weather that caused the delay or cancellation of the flight, there is no entitlement to compensation.

Is it possible to get both a refund and compensation?

Depends on the case. According to Israeli law, if there is a delay of between five and eight hours, you will be entitled to a refund but not compensation. Over eight hours – both.

What do we do if the airline rejects the request?

In case you booked the flight through a travel agency, check with the agency. In any other case and as long as the company refuses to grant you the relevant compensation, a lawsuit must be filed in a small claims court.

Does overbooking qualify for compensation?

In any case of overbooking – overbooking that resulted in no replacement seat being found on the same flight, there is a right to full compensation similar to the case of flight cancellation.

Is there compensation in case of a domestic flight delay?

yes. On a domestic flight, if the flight is canceled or delayed for more than three hours, there is a right to financial compensation in the amount of several hundred shekels, depending on the line.

In which cases of flight cancellation is there no entitlement to compensation?

Extraordinary circumstances that include cases that do not depend on the airline such as – extreme weather, an unexpected strike at the airport and security problems.

By Editor

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