Service page: Class actions and consumer claims lawyer.
Israeli and European law: what applies to your flight
The flight was canceled an hour before takeoff. The airline offers a voucher, and you do not know that you are owed cash, meals and lodging. There is an Israeli law that requires the airline to give you all of this, and it is worth knowing it.
The amounts are in the First Schedule to the Israeli Law. The compensation is NIS 1,250 for a flight of up to 2,000 km, NIS 2,000 for a flight of up to 4,500 km, and NIS 3,000 for a longer flight. These are the 2012 base amounts. They are updated on 1 January each year according to the CPI (section 13), so the amount paid today is higher. In 2026, they are NIS 1,530, NIS 2,450 and NIS 3,670, respectively. The amounts in euros (250–600) are those of European Regulation 261/2004, not of the Israeli Law. The compensation comes in addition to the refund or the replacement ticket, not instead of them (section 6(a)).
What is a passenger entitled to when a flight is delayed, depending on the length of the delay?
When a flight takes off at least two hours late, the airline must provide some things without charge (sections 3(a)(1) and 7(a)). These are food and drinks in line with the waiting time, two phone calls and the sending of a fax or an email. For a delay of 5 to 8 hours, passengers are also entitled to a refund of the fare or a replacement ticket, at their choice. If the replacement ticket is for a flight on the following day, they are also entitled to a hotel stay and transport (section 7(b)).
Cash compensation under the First Schedule is not paid for a short delay. Only a flight that took off at least 8 hours late is considered a “canceled flight” (section 1). The rights and exemptions of a canceled flight then apply to it.
What are a passenger’s rights when a flight is canceled, and when is the airline exempt?
When a flight is canceled, the passenger is entitled to three things (section 6(a)). They are assistance services, a refund of the fare or a replacement flight ticket at their choice, and cash compensation under the First Schedule. The compensation will not be paid if the airline proved one of these (section 6(e)). It gave notice of the cancellation at least 14 days in advance. Or it gave shorter notice together with a replacement flight at the times set in section 6(c). Or the cancellation resulted from special circumstances that were beyond its control and that it could not have prevented. Or it resulted from a protected strike or lockout, or from avoiding the desecration of Shabbat or a holiday.
The passenger may have received a replacement flight ticket, and the landing at the final destination was late. If the delay was up to two hours (on a flight of up to 2,000 km), up to three hours (up to 4,500 km) or up to four hours (on a longer flight), the airline may reduce the compensation by half (section 6(b)). For a longer delay, full compensation is owed.
How do you actually claim compensation from an airline, and how long does it take?
The process starts with a written request to the airline (keep a copy). It must refund the fare within 21 days of the request, and pay the cash compensation within 45 days (section 3(a)). It pays in cash, by bank transfer or by cheque. It may pay by voucher only if you expressly agreed to this in writing. If it did not pay, you can sue, including in the Small Claims Court. You must sue within four years of the day the cause of action arose (section 19).
A claim for compensation is sometimes rejected on the grounds of “special circumstances”. The exemption applies only if the airline proved two things (section 6(e)(1)). The circumstances were beyond its control. And even if it had done everything it could, it could not have prevented the cancellation. The burden is on the airline. If the airline rejects your claim, ask it in writing what the exact reason is, and keep the answer.
What you are owed and when: rights by length of delay
| The situation | What you are owed | Source |
|---|---|---|
| Takeoff at least two hours late | Food and drinks according to the waiting time, and means of communication (two phone calls and the sending of a fax or an email), without charge | Sections 3(a)(1) and 7(a) |
| Takeoff 5 hours late or more, and less than 8 | Also a refund of the fare or a replacement ticket, at the passenger’s choice; and if the replacement flight is the next day, also lodging and transport | Section 7(b) |
| Takeoff at least 8 hours late | Considered a “canceled flight”, and the rights and exemptions of a canceled flight apply to it | Section 1 (definition of “canceled flight”) |
| Canceled flight | Assistance services, a refund of the fare or a replacement ticket, and cash compensation under the First Schedule, unless one of the exemptions applies | Section 6(a) and (e) |
| When payment is due | The fare: within 21 days of the request; the cash compensation: within 45 days of the written request | Section 3(a)(2) and (4) |
| Updating the amounts | The amounts in the Law are updated on 1 January each year according to the CPI | Section 13 |
| Deadline for suing | Four years from the day the cause of action arose | Section 19 |
A hypothetical example: a flight from Tel Aviv to Athens (less than 2,000 km) was planned for 10 August 2026. It was canceled with notice given on the day of the flight. There was no offer of a replacement flight at the times in section 6(c), and there were no special circumstances. The passengers are entitled to assistance services, and to choose between a refund of the fare and a replacement ticket. They are also entitled to cash compensation according to the column for flights of up to 2,000 km in the First Schedule (section 6(a)). The amount is updated on 1 January each year (section 13). In 2026 it is NIS 1,530. Say the passengers send a written request on 12 August 2026. The airline must then refund the fare within 21 days and pay the compensation within 45 days (section 3(a)).
What to keep
- The ticket and the booking confirmation.
- The cancellation notice or the notice of the delay (SMS, email or a screenshot from the app).
- A photo of the departures board, showing the time.
- Receipts for every expense caused by the cancellation: food, hotel and transport (section 16).
- Your written request to the airline and its reply: the payment deadlines are counted from the request (section 3(a)).
- Any offer of a voucher: a voucher instead of money only if you expressly agreed to it in writing.
Charged more than agreed, misled, or did not get what you paid for?I will get back to you within one business day.
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What happens after you write to me
- You write what happened and with whom. No documents.
- I get back to you within one business day for a short call of a few minutes.
- If it is a matter I handle: after the call you will receive, in writing, what will be done and what the next step is. Work starts only after you approve.
At the end of the call you will know one of three things: it is a matter I handle, and what the next step is; you can manage without a lawyer, and which guide fits; or it is outside my field, and where to turn.
What else are you entitled to beyond the basic compensation?
Beyond the compensation set in the Law, a passenger can claim, under any law, additional damage caused directly by the cancellation (section 16). Examples are hotel expenses, the cost of alternative transport, and canceled arrangements that cannot be refunded.
A last-minute cancellation may make a passenger miss a wedding, a job interview or urgent medical treatment. That can support a claim for non-financial damage, in addition to the direct financial damage. It is not simple to prove, but it is not impossible.
When is the airline exempt, and what is “force majeure”?
An airline is exempt from the cash compensation if it proved one of these (section 6(e)). The exemption does not cover the assistance services or the refund of the fare. The grounds are: notice of the cancellation at least 14 days in advance, or shorter notice together with an offer of a replacement flight at the times in section 6(c). Special circumstances that were beyond its control and that it could not have prevented. A protected strike or lockout. Or a cancellation to avoid the desecration of Shabbat or a holiday. If a special situation is declared for more than 14 days, the Minister of Transport may change some of the benefits by order. The Minister may even deny the compensation for a limited period (section 9A).
If an airline knowingly refused to give the benefits in the Law, the court may also award the passenger exemplary damages (statutory damages), which do not depend on proof of damage. The ceiling is NIS 10,000 in 2012 values, an amount updated according to the CPI (sections 11(a) and 13).
The flight was canceled at the last minute: what to do on the spot
When the flight is canceled at the airport, document everything immediately. Keep the cancellation notice (SMS, app), and photograph the departures boards. Keep receipts for every expense you incur: hotel, food, transport. You can claim reasonable expenses you incurred because of the cancellation, in addition to the compensation. The Law does not limit the right to compensation under any other law (section 16).
In disputes with the airline at the airport, ask in writing, not orally. Write to the representative: “I request written confirmation of the reason for the cancellation and of my entitlement to compensation.” An airline that refuses to give a written answer leaves you with a stronger card in court.
Sources
The links lead to the original legislation (in Hebrew). The binding text is the one published in Sefer HaHukim (the official gazette of statutes).
Checklist
- Practical tip: in passenger claims, always ask your client for all the correspondence with the airline, including WhatsApp and emails. Oral statements by customer service representatives do not hold up, but sometimes representatives send written promises that the airline later tries to withdraw.
- Common mistake: assuming that accepting a replacement ticket cancels the right to cash compensation. Not true. Accepting a replacement ticket allows the airline at most to reduce the compensation by half, under the conditions in section 6(b). And no one can contract out of the Law to the passenger’s detriment (section 17).
- Tactical point: a class action against an airline for systematic cancellations is a powerful route. Is there a pattern of cancellations over a period of time? Then examine whether these are truly exceptional circumstances, or poor capacity management disguised as force majeure.
Has something similar happened to you?You can write to me what happened and with whom, without documents.
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When is it worth suing in tort beyond the regular compensation?
The Law also preserves a passenger’s right to compensation under any other law (section 16). This is in addition to the compensation set in the Aviation Services Law. So you can also claim damage you have proved. What many people do not know: a significant flight delay can support a tort claim beyond the regulatory compensation. It can cover a canceled hotel, harm to critical travel plans and, in exceptional cases, even emotional distress.
Compensation for emotional distress is assessed according to the circumstances of the case. It requires proof of real harm, for example a significant event that the passenger missed because of the delay.
Collection proceedings in Israel and abroad
When the airline must pay, the passenger can collect in several ways. The quick way: a direct written request. From the day of the request, the airline must refund the fare within 21 days and pay the cash compensation within 45 days (section 3(a)). If it did not pay, the Small Claims Court is the next step.