A passenger whose flight was canceled will not be entitled to financial compensation

A passenger whose flight was canceled will not be entitled to financial compensation

Today (Monday), the Knesset plenum approved the aviation services bill in first reading. 32 members of the Knesset supported the proposal, against 24 opponents, and it will be forwarded to the Knesset committee which will determine in which committee the proposal will be discussed.

It is proposed to establish that a passenger whose flight was canceled will not be entitled to financial compensation as stipulated in the first supplement to the law, if the flight operator or the organizer proved that the flight was canceled due to special circumstances that he was unable to prevent, even by taking all reasonable measures.

It is also proposed to establish that if a special situation has been declared that lasts for more than 14 days, the Minister of Transportation and Road Safety, in consultation with the Minister of Economy and Industry and with the approval of the Knesset's Economic Committee, may determine, by decree, regarding flights whose scheduled departure date stated on the flight ticket applies during the existence of a special situation As will be defined, to make limited changes to the benefits to which a passenger is entitled according to the law in the matter of canceling a flight or advancing it by more than 8 hours.

Also, regarding the current situation, in view of the “Iron Swords” war, it is proposed to establish a temporary order that will be divided into two periods: it is proposed that in the first determining period, flights whose planned departure date was from October 8, 2023 to November 30, 2023 – the obligation of the aforementioned financial compensation will be completely canceled.

In the second determining period, for flights whose departure date is from December 1, 2023 to February 29, 2024, it is proposed to leave the obligation of financial compensation as mentioned, but to shorten the advance notice period for canceling or changing the flight date from 14 days to 3 days before the planned departure date.

The explanation for the proposal reads: “Even today, the law takes into account that there are exceptional circumstances, of force majeure, in which it is not justified to require the airline to pay statutory compensation due to the fact that the cancellation of the flight is not due to the fault of its contributor. The wording of this exception requires the airline to “do All that it can” may be interpreted as going beyond all reasonable measures that the airline can take, and should be corrected.”

It was also stated that “the geopolitical reality in the State of Israel is such that it cannot be ruled out that there will be security events or other unusual events in the near or distant future which will also dramatically affect the characteristics of the aviation industry in Israel for an extended period, the supply of flights to and from Israel, and the ability of Airlines reasonably plan flights for the next two weeks. Therefore, it is proposed to enshrine in the law a mechanism that will be able to respond to special and exceptional situations that continue for a long time without the need to amend the law itself in any such emergency.”

Photo: Noam Moshkowitz / Knesset Spokesperson

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