“No Fly List”: When Can an Airline Withhold Benefits and Compensation

Air passenger benefits and compensation (including compensation for delayed or cancelled flights) are commonplace. For many years, international conventions governed the obligations of airlines and the rights of passengers. However, a significant development in 2012, often overlooked by many passengers, was the enactment of the Israeli Aviation Services Law. This law established a domestic standard, clarifying the “incidents and responses,” specifying the event (e.g., flight cancellation) and the passenger’s entitlements.

The problem lies in the law’s complexity. It establishes rules, exceptions to those rules, and exceptions to the exceptions. Even passengers who have read the law often miss crucial details. For example, a passenger whose flight is cancelled may demand compensation, citing a specific clause, only to be refused by the airline. This often leads to frustration, as cancellation does not automatically equate to compensation. Therefore, we will clarify the situation:

A detailed explanation of passenger benefits and compensation is available in a separate article. This article covers all potential scenarios under the Aviation Services Law (refusal to board, delay/advancement/cancellation, and ticket condition changes), and the passengers’ full rights.

This article addresses exceptions to the rules, detailing when passengers are ineligible for compensation and when they might still be eligible.

1. Refusal to Board: The passenger has a ticket, but the carrier or organizer refused to board them (usually due to overbooking)

Refusal to board entitles the passenger to three benefits: (1) Free food services; (2) A refund or alternative ticket; (3) Monetary compensation based on flight distance in km. (For details of these benefits, click here).

The passenger will not be entitled to benefits or compensation if the reason for refusal was one of the following:

1. Security reasons;
2. The passenger’s health condition;
3. Concerns about flight safety;
4. Lack of proper travel documents;
5. One of the basic conditions that preclude entitlement to benefits applies.

**A passenger refused boarding for security reasons will still be entitled to compensation only (no benefits), if all the following conditions are met:**

1. The passenger arrived at the airport at least 3 hours before the departure time stated on the ticket or the scheduled flight time;
2. The passenger cooperated with the security check;
3. The security check concluded that the passenger could be allowed to board;
4. The passenger’s travel documents are valid.

To return to the list of situations entitling a passenger to benefits, click here.

2. Flight Cancellation: The airline cancelled the flight, or the flight was delayed by 8 hours or more (considered a cancellation)

Flight cancellation entitles the passenger to three benefits (For details, click here). The passenger will not be entitled to benefits or compensation if one of the following three conditions occurs:

1. Appropriate notice was given to the passenger (including alternatives to reach their final destination)

The passenger will not be entitled to monetary compensation if the carrier/organizer proved that the passenger received such notification from the carrier/organizer or travel agent, at the following times:

• At least 14 days before the flight date on the ticket;
• Between 7 and 14 days before the flight date on the ticket; and the carrier/organizer offered an alternative flight departing no more than two hours before the original time and arriving no more than four hours after the original time;
• Less than 7 days before the flight date on the ticket; and the carrier/organizer offered an alternative flight departing no more than one hour before the original time and arriving no later than two hours after the original time.

However, this is not the final word! There are two situations where, even if appropriate notice was given as above, the passenger will still be entitled to compensation:

• If the passenger refused to fly on the offered alternative flight because it wasn’t offered to another person the passenger had notified as accompanying them;
• If the passenger was unable to fly on the offered alternative flight due to security, religious, or medical reasons.

2. Additional Circumstances as Listed in the Law

The passenger will not be entitled to monetary compensation if the carrier/organizer proved one or more of the following circumstances:

• The cancellation was due to extraordinary circumstances beyond the carrier/organizer’s control, and even if they had done everything possible, they could not have prevented the cancellation due to those circumstances;
• The cancellation was due to a protected strike or lockout;
• The cancellation was to avoid violating the Sabbath or a holiday.

Note! The burden of proof in both cases rests on the carrier/organizer. For example, if a passenger claims they did not receive notification and the carrier does not prove otherwise – the passenger is entitled to compensation.

3. One of the basic conditions that preclude entitlement to benefits or compensation applies.

To return to the list of situations entitling a passenger to benefits, click here.

3. Flight Delay: The flight was delayed by 2 to 8 hours beyond the scheduled time

A flight delay means a delay of more than two hours but up to eight hours (over 8 hours is considered “flight cancellation”). Benefits and compensation depend on the delay duration. For details, click here.

Entitlement to benefits and compensation will be denied if one of the basic conditions precluding entitlement applies.

To return to the list of situations entitling a passenger to benefits, click here.

4. Flight Advancement: The flight was advanced by at least 5 hours before the scheduled time

Benefits and compensation depend on the advancement duration, provided the flight was advanced by at least 5 hours. The passenger will be entitled to the following benefits (depending on the advancement duration): (1) A refund or an alternative ticket; (2) Monetary compensation. For details, click here.

The passenger will not be entitled to benefits or compensation in the following cases:

1. One of the basic conditions that preclude entitlement to benefits or compensation applies.
2. For a flight advanced by more than 8 hours: the passenger will not be entitled to compensation if the carrier/organizer proved one of the following:

• The advancement was due to extraordinary circumstances beyond the carrier/organizer’s control, and even if they had done everything possible, they could not have prevented the advancement due to those circumstances;
• The advancement was due to a protected strike or lockout.

To return to the list of situations entitling a passenger to benefits, click here.

5. Ticket Condition Change: Downgrade to a lower class

In this case, the amount of compensation varies depending on the difference between classes. For details on compensation for ticket condition changes, click here.

The passenger will not be entitled to compensation if one of the basic conditions precluding entitlement to compensation applies.

To return to the list of situations entitling a passenger to benefits, click here.

Basic Conditions Precluding Entitlement to Benefits

The Aviation Services Law lists “basic conditions” that automatically preclude a passenger’s right to any benefit or compensation. Regardless of cancellation, delay, or advancement, no entitlement arises. These basic conditions are:

1. The passenger did not arrive at the carrier’s check-in counter at the airport on time, except in the case of a “cancelled flight”.
2. The passenger received appropriate notification from the carrier/organizer or travel agent about being transferred to another flight and reached their final destination on time;
3. The passenger received the ticket free of charge;
4. The ticket was purchased at a special rate not available to the general public (directly or indirectly), that is not valid through the passenger’s membership in the carrier/organizer’s benefits program.
5. Duplicate benefits: A passenger who received a benefit under foreign law due to one of the five qualifying circumstances (cancellation/delay, etc.), will not be entitled to the same benefits under the Aviation Services Law.