Flydubai Passengers May Seek Compensation After Saudi Landing

Passengers on a recent Flydubai flight that made an unscheduled landing in Saudi Arabia may be eligible for various forms of compensation, extending beyond the initial disruption. Legal avenues are opening up, with passengers potentially able to claim damages for flight delays, psychological distress, and other expenses incurred due to the incident.

A primary route for compensation is through the airline itself, under the Montreal Convention, which governs the liability of international air carriers for passenger damages. Aviation law experts suggest that in such an exceptional case, where passengers faced a genuine danger, claims for physical and psychological harm could be valid, even without direct physical injury. Some experts estimate potential claims could reach up to $250,000 per passenger, though this is an estimate and actual compensation will depend on individual circumstances, proven damages, and the link between the incident and the harm.

This legal basis is not unprecedented in Israel; a ruling following the hijacking of an Air France plane to Entebbe established that plane hijackings can be considered "accidents" under aviation law, and that psychological damage is compensable. This precedent could be relevant to the Flydubai incident, though each case will be evaluated individually.

Beyond claims for psychological damage, passengers may also be entitled to compensation for the flight disruption itself under Israel's Aviation Services Law, estimated at approximately 2,450 shekels per passenger for the delay. This compensation is subject to specific legal conditions. The law may also grant passengers rights to assistance services during prolonged delays, such as food, drink, communication, and accommodation if necessary.

The Flydubai incident was particularly unusual as the plane landed in Saudi Arabia, where standard rescue solutions could not be implemented, leaving passengers stranded for hours. Additionally, passengers are advised to review their private travel insurance policies, which might cover unexpected expenses, baggage issues, or medical and psychological consequences.

Furthermore, there is an ongoing examination into recognizing the passengers as victims of hostile acts. If the state acknowledges the incident and passengers in this capacity, it could impact the rights and assistance available for those suffering significant psychological damage. This is currently under consideration and not yet an approved entitlement for all passengers. The incident is likely to lead to legal and insurance proceedings, focusing on the extent of damage, proof, and the responsible party for compensation.