Flydubai Passengers Stranded in Saudi Arabia After Emergency Landing
Translated & summarized from Calcalist by baba
Hundreds of Israeli passengers on a Flydubai flight experienced an emergency landing in Saudi Arabia, leaving them stranded. An aviation law expert detailed their rights to compensation for delays, assistance, and potential claims for emotional distress under international conventions.
The story in 5 lines · by baba
- Israeli passengers were stranded in Saudi Arabia after a Flydubai emergency landing.
- Passengers are entitled to compensation for delays exceeding eight hours.
- Airlines must provide food, drinks, and accommodation during significant delays.
- Claims for emotional distress are possible under the Montreal Convention.
- Compensation is generally limited to one source to prevent double recovery.
Hundreds of Israeli passengers aboard a Flydubai flight were forced to make an emergency landing in Tabuk, Saudi Arabia, leaving them stranded for hours in a country with no diplomatic relations with Israel. The incident raises questions about passenger rights and compensation.
According to aviation law expert Adv. Asher Rotbaum, passengers are entitled to compensation for the delay, regardless of the unusual circumstances. For delays exceeding eight hours, each passenger is eligible for approximately $650 (2,450 shekels). Additionally, airlines are obligated to provide assistance, including food, drinks, and accommodation. Rotbaum noted that while Flydubai might argue that housing Israelis in Saudi Arabia is problematic due to the lack of diplomatic ties, failure to provide such assistance could lead to claims for up to $3,000 (11,540 shekels) per passenger, though this requires a lawsuit and is not automatic.
Rotbaum explained that passengers might also pursue claims for emotional distress under the Montreal Convention, which governs international air carrier liability and compensation, potentially reaching hundreds of thousands of dollars. However, such claims are not guaranteed and require concrete proof of harm, with each case evaluated individually. The statute of limitations for delay compensation is four years, while claims under the Montreal Convention for significant damages must be filed within two years.
Regarding unused flight segments, passengers are entitled to a refund if they did not receive the service they paid for. If Flydubai arranges alternative transportation at no cost to the passenger, they may not be able to claim a refund for the unused portion. In cases of severe incidents like a crash, compensation is typically received from one source, such as the airline or travel insurance, to avoid double recovery, even if other avenues like "victims of hostilities" benefits are available.
