Foreign, local carriers urge Israel to bear passenger compensation for nixed flights
Request comes as most European and US airlines are still avoiding Israel after Iran ceasefire came into effect, and are weighing future flight operations to the country
Sharon Wrobel is a tech reporter for The Times of Israel
A group of more than 25 foreign carriers joined forces with Israeli airlines to seek relief from regulations that mandate them to compensate passengers whose flights were canceled during the country’s conflict with Iran.
In a letter sent on Monday to Transportation Minister Miri Regev, Finance Minister Bezalel Smotrich, and Economy Minister Nir Barkat, the group of airlines urgently requested the government to exercise its powers to authorize an exemption from providing certain benefits and entitlements to passengers whose flights were affected due to the closure of Israeli airspace and special emergency that prevailed during the 12 days of war with Iran.
The group represented by attorney Shirly Kazir at the FISCHER (FBC) law firm was understood to include foreign airlines, such as Delta Air Lines, Air Europa, and low-cost carriers Wizz Air and easyJet, alongside Israeli carriers and local tour operators.
Israel’s airspace remained largely closed during the conflict with Iran that began on June 13, leading to waves of flight cancellations that left many passengers stranded abroad. As part of a government-led operation, on June 18, Israeli airlines El Al, Arkia, Air Haifa, and Israir started to operate restricted repatriation flights to bring back an estimated 100,000 to 150,000 Israelis.
“In the letter, we are asking that the State of Israel indemnify the carriers for any amount that passengers whose flights were canceled during the closure of the Israeli airspace would be found eligible to receive according to the Aviation Services Law,” Kazir told The Times of Israel. “Everyone across the board of my clients has made it very clear that this was something most important to them and their future operations.”
“Some airlines are already facing pending class action lawsuits from passengers, and there are probably more to come, so if the State of Israel does not take responsibility, it will have a serious consequence for commercial civil aviation operations affecting Israeli consumers,” she warned.
Since Israel fully reopened its airspace last week following a ceasefire agreement with Iran, only a few foreign airlines have resumed their flight services to Tel Aviv. French carrier Air France is the only major Western European airline that has announced a relaunch of flights on its route between Paris and Tel Aviv, starting July 7.
The Lufthansa Group suspended its Tel Aviv route until July 31, while British Airways and low-cost carriers Ryanair and easyJet have canceled their Israel operations through October 25. US carrier United Airlines has suspended services on the Tel Aviv-New York route through August 1, and rival Delta through August 31.
Katzir cautioned that although there was no guarantee foreign carriers would rush to resume their Israel flight operations if the request were granted, all of the airlines indicated that it was critical for their continued operations in Israel.
“When there is an emergency, it is inconceivable that airlines would be required to comply with the same regulations stipulated in the Aviation Services Law that apply on normal days, since they were not intended for extreme emergencies, such as the Iran operation,” Kazir stated in the letter. “There is no justification for an airline forced to cancel its flights, because it was prevented from operating flights due to a state decision [to close the airspace], to be responsible for bearing the accommodation, food, and beverage costs of passengers whose flights were canceled.”
“The same logic also applies to everything related to the obligation to offer an alternative flight to passengers whose flight was canceled, given that the airlines had no practical option to offer alternative flights, and there was no fault in their conduct,” the letter read.
The group of airlines is requesting that the government enforce a legal amendment to the Aviation Services Law to remove its financial obligations toward passengers during emergencies, such as the conflict with Iran, during which the country’s airspace was shut down.
The Aviation Services Law stipulates that in the event of a flight cancellation, passengers are entitled to choose between a refund and an alternative flight, and receive statutory compensation and assistance services (hotel accommodation, food, transportation, communication services), which can add up to thousands of shekels per customer.
Spokespeople for ministers Smotrich, Regev, and Barkat did not immediately respond to requests for comment on the letter.
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