Aviation Services Law

Notice of your rights in the event of denied board, fight delay, flight cancellation and a flight that has been brought forward

This notice contains important information about your rights under Israel’s Aviation Services Law (Compensation and Assistance for Flight Cancellations and Changes in Conditions), 5772 2012 (the "ASL"). The rights referred to in this document apply to Flight Operators and Organizers (as defined under the ASL) in the following circumstances:

• You have a confirmed reservation on a flight operated by an airline purchased at a fare available directly or indirectly to the general public; and
• (except in the case where your flight has been cancelled) you have presented yourself for check in before the Check In Deadline as specified by us, the relevant Flight Operator or Organizer; and
• You are traveling on a flight departing from an airport in Israel or a flight arriving at an airport in Israel (unless it is evident that you received benefits or compensation and were given assistance in such other country and that those benefits, compensation and assistance directly correspond to your entitlement under ASL); and
• You have not been denied boarding by reason of a matter set out in the relevant airline’s terms of travel or related regulations; and
• You have been denied boarding involuntarily or your flight is delayed by more than two hours beyond its scheduled departure time or cancelled.

Denied Boarding

In the event that a seat is not available for a passenger with a confirmed reservation, the airline will seek volunteers to surrender their seats in exchange for benefits that the airline and the volunteer may agree upon before involuntarily denying boarding to other passengers. If there are insufficient volunteers and the airline deny your boarding involuntarily, you are entitled to the relevant rights set out below (same as in the event of flight cancellation), unless your boarding has been denied in circumstances where there are reasonable grounds to deny boarding such as reasons of health, safety, security or inadequate travel documentation.

However, if you are involuntarily denied boarding, and you confirm to an alternative flight, the airline is entitled to reduce by 50% the compensation sets in Article 1 below, provided that the delay in the landing time at the final destination compared with the original landing time does not exceed the scheduled arrival time of the original landing time, as follows:

1. Up to 4 hours in respect of all flights of 2,000 km;
2. Up to 5 hours in respect of all flights between 2,000 km and 4,500 km;
3. Up to 6 hours in respect of all flights over 4,500 km.

Flight delay between 2 and 8 hours

If your flight has been delayed for two hours or more, but less than 8 hours, beyond its scheduled time of departure, you are entitled to the relevant rights set out in Articles -23 of this document.

Flight cancellation and delays by more than 8 hours

If your flight is cancelled, brought forward, or delayed by more than 8 hours, you are entitled to the rights set out below (see following Articles 1, 2 and 3.). As regards to your right for compensation, please note that compensation may be refused when (the "Exemptions"):

• You are informed of the cancellation at least two weeks before the scheduled time of departure; or
• You are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re routing, allowing you to depart no more than two hours before the scheduled time of departure and reach your final destination less than four hours after the scheduled time of arrival; or
• You are informed of the cancellation less than seven days before the scheduled time of departure and are offered re routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival;
• The aforementioned provisions do not apply if you refuse to fly on the alternative flight because the alternative flight was not offered to your travel companion(s) or for reasons of security, religion or medical limitations.
• The cancellation is due to extraordinary circumstances which were not under the Flight Operator's or Organizer’s control even if they had done whatever was under their control; the flight was cancelled due to strike or a protected work by rule strike; the flight has been cancelled in order to prevent the desecration of the Sabbath or a Jewish holiday.

1. Right to compensation

If you are involuntarily denied boarding or your flight is cancelled or delayed by eight or more hours with respect to the scheduled departure time, you are entitled to receive, subject to the exemptions provided hereinabove, the following amount:

1. NIS 1,390, in respect of all flights of 2,000 km or less; or
2. NIS 2,220 in respect of all flights between 2,000 km and 4,500 km; or
3. NIS 3,340 in respect of all flights over 4,500 km

The foregoing compensation can be reduced by 50% in case that the passenger chose an alternative flight and provided that the delay in the landing time at the final destination compared with the original landing time does not exceed the scheduled arrival time of the flight originally booked by 2 hours (flights falling under A), 3 hours (flights falling under B) or 4 hours (flights falling under C). Compensation, if due, will be made within 45 days of a written request receipt by the Flight Operator or Organizer.
Compensation will be made by bank transfer or check, or by other means as agreed to in writing by the passenger.

2. Right to reimbursement or re routing

If you were denied boarding or your flight is cancelled or delayed at least 8 hours, you may choose between:

1. Reimbursement in the amount paid for the flight ticket, including fees, levies, taxes and other obligatory payments within 21 days of a written application receipt by the Flight Operator or Organizer; or
2. re routing, under comparable transport conditions, to your final destination at the earliest opportunity; or
3. re routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.

In case of a flight ticket with a connection flight - if your flight is delayed by at least five hours and you select not to travel, you are entitled to receive reimbursement as set out in point (a) above, together with, when relevant, a return flight to the first point of departure.

If you do not wish to continue with your initial travel plans when there is a delay of at least 5 hours, you may choose reimbursement or rerouting. However, if the flight's delay is due to a protected strike, you will only be entitled to reimbursement; and to the rights mentioned in Article 3 below, under points a) and b).

3. Right to care

The assistance as described in this article is provided in the event that a flight delay by at least two hours from the scheduled departure.

If your flight has been delayed by at least 2 hours, you will be offered free of charge:

1. meals and drinks in reasonable relation to the waiting time;
2. communication services: two telephone calls, telex or fax messages or e mails, according to the passenger choice.
3. If your flight has been delayed by 5 hours and less than 8 hours, you will also be offered free of charge, if applicable;
4. hotel accommodation in cases where a stay of one or more nights becomes necessary, or where a stay additional to that intended by you becomes necessary;
5. transport between the airport and place of accommodation (hotel or other).

Where it is not feasible to arrange the care set out above, you will have the right for reimbursement for your reasonable receipted expenses, upon application.

4. A flight that has been brought forward

If your flight has been brought forward at least 5 hours and less than 8 hours, and you had been notified by the Flight Operator, Organizer or travel agency, less than 14 days before the departure date, you will be entitled to reimbursement in the amount paid for the flight ticket, or alternative flight ticket, according to the passenger choice.

If your flight has been brought forward for more than 8 hours, and you had been notified less than 14 days before the departure date, you are entitled for compensation as stated in Article 1 (subject to the Exemptions provided hereinabove), and refund of consideration or an alternative flight ticket, according to the passenger’ choice.

We are at your disposal for any assistance you may need with executing your rights under the ASL (regarding Flight Operators or Organizers) and you are invited to approach us for this purpose on www.weski.com or by email at contact@weski.com