Israir Wins Appeal as Jerusalem Court Cancels NIS 21,000 Compensation Award
The Jerusalem District Court has overturned a small-claims ruling that had ordered Israir to pay about NIS 21,000 to a married couple over a delayed flight. Judge Tamar Bar-Asher said the claim was “excessive and inflated” and removed all of the airline’s liability.
The case began when the couple bought tickets to Budapest for $440. The day before departure, they were told the schedule had changed because of the security situation and were moved to an alternative flight that left the same day, about 5.5 hours later than planned. The passengers chose not to fly and sued for NIS 29,000. The small-claims court accepted part of the claim and ordered Israir to pay roughly NIS 21,000.
On appeal, Bar-Asher ruled that under the Air Services Law, a “cancelled flight” is one that did not operate at all or departed at least eight hours late. Since the passengers were offered an alternative within 5.5 hours, the legal threshold for compensation was not met. She also said the original award, based on a transaction worth about NIS 1,190, was “not reasonable and not proportionate and has no place.”
The judgment comes amid repeated flight disruptions in Israel because of security tensions and a recent rise in lawsuits against airlines. It says carriers are not automatically liable whenever schedules change, only when the statutory conditions are met, and in other cases passengers must prove actual, concrete damage.
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