Fluggastrechte in Israel (Tibi-Gesetz): Entschädigung bei Flugverspätung, Annullierung und genaue Ausgleichszahlungen

1. Introduction — Understanding Passenger Rights in Israel

Israel’s aviation regulatory framework includes a specific statutory regime that protects air travelers when flights are delayed, cancelled, rescheduled, or otherwise disrupted. This regime is primarily codified in the Aviation Services Law (Compensation and Assistance for Flight Cancellations and Changes in Conditions), 5772-2012 — colloquially known as the “Tibi Law.”

Unlike some other jurisdictions that rely mainly on international conventions or airline policy, Israel’s Aviation Services Law provides clear statutory passenger rights for flights that depart, arrive, or connect through an Israeli airport, including flights by foreign carriers.

This article explains the scope of the law, the compensation entitlements by flight delay, cancellation, denied boarding, distance category, applicable exemptions, and procedural rights to reimbursement, re-routing, and additional assistance.

2. Core Scope: When the Law Applies

The Israeli flight compensation framework generally applies where all of the following are true:

• You have a confirmed reservation on a flight operated by a carrier;

• You present yourself for check-in on time according to airline rules; and

• Your flight originates in Israel or arrives into Israel unless you have already received equivalent compensation and assistance abroad.

Importantly, this law can cover:

• International flights departing from or arriving into Israel (Ben Gurion, Ramon, Haifa, Ovda, etc.);

• Connecting flights involving Israel; and

• Domestic Israeli flights between Israeli airports.

These requirements make the law broadly applicable, covering airlines registered in Israel as well as foreign carriers serving Israel.

3. When Compensation is Triggered — Delay and Cancellation Thresholds

Under the Aviation Services Law, passenger entitlements depend on the type and extent of the flight disruption:

3.1 Delayed Flights

• Delays of less than 2 hours typically do not trigger compensation or extensive statutory assistance.

• Delays of 2 to 5 hours often trigger basic assistance rights such as meals, refreshments, communication services, and — where necessary — accommodation and transport.

• Delays of 5 hours or more give passengers an unconditional right to choose reimbursement or re-routing as alternatives to travel.

3.2 Major Delay and Cancellation — 8 Hour Trigger

Compensation amounts become payable when:

• A flight is cancelled;

• A flight is delayed by 8 hours or more beyond the scheduled departure time; or

• Denied boarding occurs (involuntary refusal to board).

This 8-hour threshold is a key statutory trigger: compensation is not automatic for shorter delays like those covered by some foreign regimes.

4. Compensation Entitlements — Amounts and Distance Bands

When compensation is due under Israeli law (subject to exemptions discussed later), fixed statutory amounts are payable. These amounts are independent of your ticket price and are based on the distance of the flight segment(s):

4.1 Standard Compensation Table

These fixed amounts apply whether your flight is domestic (e.g., Tel Aviv to Eilat), regional (e.g., Tel Aviv to Europe), or long-haul (e.g., Tel Aviv to the Americas/Asia).

4.2 Reduced Compensation under Certain Conditions

If the delay in arrival time at the final destination is significantly less than the disruption threshold, the statutory compensation may be reduced by 50%. The reduction applies when:

• Final arrival is within 4 hours of the original schedule (for up to 2,000 km flights);

• Within 5 hours for 2,000–4,500 km flights; or

• Within 6 hours for flights over 4,500 km.

Even with this reduction, passengers still receive meaningful statutory compensation.

5. Passenger Choices — Reimbursement, Re-Routing, and Assistance

When your flight meets the statutory threshold (e.g., 8+ hour delay or cancellation), passengers have important rights beyond cash compensation:

5.1 Reimbursement

If you elect not to travel due to a major delay or cancellation, you are generally entitled to:

• A full refund of the ticket price, including fees and taxes, within 21 days; and

• A return flight to the point of origin where applicable.

5.2 Re-Routing

You may also choose one of the following at no additional charge:

• Re-routing to your destination as soon as possible under comparable transport conditions; or

• Re-routing at a later date of your convenience, subject to seat availability.

5.3 Mandatory Assistance Services

While waiting for re-routing or reimbursement, airlines must generally provide:

• Meals and refreshments proportionate to wait time;

• Hotel accommodation, if an overnight stay becomes necessary;

• Airport transfers between hotel and airport;

• Communication services (calls, messages).

These assistance provisions ensure that your basic needs — food, accommodation, and transport — are met during disruptions.

6. Exemptions — When Compensation May Not Be Owed

The law includes specific circumstances under which compensation may be reduced or nullified (not assistance or reimbursement, which are generally separate rights):

6.1 Advanced Notice

Airlines may avoid compensation if you were informed of the cancellation:

• At least 14 days before departure; or

• Between 14 and 7 days before departure with an offered alternative that departs within 2 hours and arrives within 4 hours of original schedule; or

• Less than 7 days before departure with an alternative that departs within 1 hour and arrives within 2 hours.

6.2 Extraordinary Circumstances

Compensation obligations may be waived when the disruption is caused by:

• Extreme weather events;

• Security risks or airport closure orders;

• Protected strikes recognized under law;

• Operational decisions to comply with religious observances (e.g., Sabbath constraints).

However, assistance and reimbursement rights typically remain intact even when compensation is exempted.

7. Interaction with Other Laws — EU261 and Montreal Convention

Israel’s Aviation Services Law exists alongside other international and regional protections:

7.1 EU Regulation 261/2004

If your flight originates in the EU or you are flying with an EU airline to the EU, EU261 may apply. That regulation compensates for delays of 3+ hours, which can be more generous for shorter delays than the Israeli 8-hour threshold.

When multiple regimes could apply, passengers may choose the law with the best compensation outcome, but cannot claim under both laws for the same disruption.

7.2 Montreal Convention Rights

Under the Montreal Convention, passengers may also seek compensation for proved financial loss or personal injury beyond statutory compensation amounts where applicable — typically through legal proceedings.

8. Enforcement and Claim Procedures

To make a claim under Israeli law:

• Submit a written request to the airline’s customer service or relations department;

• Provide flight details (flight number, ticket, dates, delay/cancellation proof);

• The airline usually has 45 days to pay compensation if due.

If the airline disputes your entitlement, you may consider:

• Small claims court or civil action in Israel; or

• Legal proceedings to enforce statutory rights.

The statute of limitations for claims under Israeli law can extend to several years, but passengers are advised to act promptly.

9. Practical Tips for Passengers

Here are key actionable insights for travelers facing disruptions:

• Document everything: boarding passes, notifications, receipts, boarding gate announcements.

• Know your thresholds: 8 hours for compensation, 5 hours for reimbursement option.

• Check applicable law: Israeli law vs EU261 — pick the most favorable set of rights.

• Act in writing: airlines require written claims within airline-specified timelines.

• Seek legal advice if disputes arise.

10. Conclusion — Real Rights, Real Compensation

The Israel Flight Compensation Law empowers passengers with fixed monetary compensation, refund alternatives, assistance services, and re-routing options when airlines disrupt travel. Its application to all flights involving Israel — including foreign carriers — and clear distance-based compensation formulae make it a powerful consumer protection tool.

While exemptions do exist, most major delays and cancellations that occur without sufficient advance notice will trigger statutory entitlements. Travelers who understand their rights, the compensation thresholds, and the interaction with other aviation laws (like EU261 or Montreal Convention) are in the best position to maximize compensation after flight disruptions.