El Al Must Reimburse Family Fully for War-Related Stranded Nights
An Israeli family of six, vacationing in Krakow, Poland, was stranded for an additional 16 nights due to the "Swords of Iron" war and the subsequent closure of Israeli airspace. El Al has been ordered by the Central District Court to fully reimburse the family for their accommodation expenses, overturning a lower court's decision that limited compensation.
The family, led by Uri Dahan, had booked flights for June 12-17, 2025. Shortly after landing in Poland, the war erupted, leading to the cancellation of their return flight on June 15. Dahan reported difficulties contacting El Al and eventually had to arrange travel to Warsaw to return to Israel on an El Al rescue flight on June 17, 16 days after their original planned return.
Dahan sought compensation for car rentals, food, and lodging totaling approximately NIS 39,000, including NIS 18,501 for apartments rented instead of hotels. El Al argued that the war constituted an "exceptional circumstance" and that under aviation law, compensation for lodging during wartime could be limited, with the state potentially covering the difference.
The Magistrate's Court initially awarded the family NIS 15,069, including compensation for only four nights of lodging, citing that a specific legal clause was intended for normal aviation conditions, not wartime emergencies. However, District Court Judge Dror Arad-Eilon ruled that this clause was specifically added to address situations like the "Swords of Iron" war. He emphasized that no directive from the Transportation Minister limiting lodging compensation had ever been issued, meaning the default law, which allows for unlimited necessary lodging compensation after flight cancellations, remained in effect.
Judge Arad-Eilon based his decision partly on El Al's own representative's testimony in the lower court, which acknowledged the 16-night stay was "necessary" due to a lack of available flights. The judge found the family's nightly accommodation cost of approximately NIS 200 per person to be reasonable, a point El Al did not dispute, focusing instead on its liability. Consequently, El Al was ordered to pay the full NIS 18,501 for lodging, an additional NIS 13,988 on top of the amount already awarded, bringing the total compensation to NIS 29,057, plus NIS 1,000 in court costs.
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