Since Saturday, many airlines have canceled flights due to an "iron sword" war, in addition to the fact that quite a few Israelis choose to cancel their flights themselves. In order to understand what you are entitled to if your flight is canceled, we checked with attorney Asher Rothbaum, who specializes in aviation matters, what your rights are these days.
"The Tibi Law, which regulates the rights of passengers and the obligations of airlines, states that if the airline cancels the flight unilaterally, it must provide passengers with three things: first, to provide assistance services including food and beverages and hotel accommodation until the date of the alternative flight; the second – refund of the consideration or an alternative flight ticket, at the passenger's choice; The third – providing financial compensation according to the distance between the starting point and the destination point.
The second day of the attack on the Gaza envelope: the extent of the horror in the street is exposed // Photo: Shmuel Buchris
On the face of it, foreign airlines that canceled flights to and from Israel will probably be exempt from compensating passengers if they prove that 'the flight was cancelled due to special circumstances beyond his control, and even if he had done everything in his power – he could not have prevented its cancellation due to those circumstances.'"
It is important to note that in a similar incident that took place during Operation Protective Edge, Federal Aviation Administration officials in the US decided to implement a procedure that requires the cessation of the activity of American planes from Ben Gurion Airport to it for a period of up to 24 hours, in order to "assess the situation" and make decisions regarding the continuation of the activity.
This decision led to a "recommendation" by the European Aviation Safety Agency, which in turn led to a chain of decisions by European airlines to stop their flights to Israel.
IDF soldiers holding an Israeli flag near Sderot, today,
At this stage, the professional position of the aviation authorities in the US and Europe is unknown. In any event, in order to be eligible for an exemption from passenger compensation, the airline must prove that "the flight was cancelled due to special circumstances beyond his control, and even if he had done everything in his power – he could not have prevented its cancellation due to those circumstances."
Regarding voluntary cancellation, Rothbaum says that "if the passenger wishes to cancel the flight due to the fighting, his rights are in accordance with the policy of the airline, if the flight takes place."
These days, many airlines are changing and easing their cancellation and change conditions, so it is recommended to check with them and travel agents.
Adv. Asher Rothbaum // Photo: Meirav Felberg
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