Train Delay: A Delayed Train Does Not Automatically Entitle Passengers to a Free Ticket.

What Constitutes Train Delay and When is a Free Ticket Granted?

A train delay is defined as a passenger train arriving at its destination station thirty minutes or more after the scheduled time indicated in the official Israel Railways timetable. Such a delay may entitle passengers to a free ticket (Section 4 of the Delay Compensation Procedure).

Even if you own a private vehicle, you’ve likely travelled by train at least once. If you were fortunate, it arrived on time, you reached your destination punctually, and you were grateful for choosing public transport. If less fortunate, the train was delayed; consequently, you arrived late or stressed. Fortunately, there are remedies.

In 2013, the Israel Railways Delay Compensation Procedure came into effect. This procedure outlines eligibility and claim procedures. It should be noted upfront that compensation is limited to a free travel ticket. We will also address situations where further compensation is sought.

This article will examine what constitutes a train delay, the amount of compensation, how to obtain it, the time limit for claims, and procedures for pursuing further compensation.

What is the Compensation for a Delayed Train?

Passengers holding a valid ticket are entitled to the following compensation:

• Delay of 30 minutes or more: One free ticket for the segment travelled.
• Delay of one hour or more: Two free tickets for the segment travelled.

How to Obtain Compensation for a Train Delay?

1. Online: A basic method involves completing an online compensation request form. If you purchased your ticket using a “Rav-Kav” card, you can claim compensation through Israel Railways’ dedicated automated system. Note! This system is exclusively for passengers who purchased a direct ticket (without changing trains). Claims must be submitted within six months of the delay.
2. In Person: You can present your paper ticket/app barcode/Rav-Kav card to a train station manager within 14 days of travel. This method is only available at stations with an active ticket office.

Important notes for ticket purchasers via the train app and Rav-Kav:

• Via the App: Compensation is contingent upon presenting the barcode received when the ticket was generated. No barcode, no compensation. Therefore, taking a screenshot of the barcode is recommended in case the app cannot display it after the journey.
• Via Rav-Kav: Compensation tickets will only be added to the Rav-Kav card used for the journey.

Can Additional Compensation Be Claimed Beyond Free Tickets?

The short answer is yes. The longer answer is:

Passengers often argue that free ticket(s) do not reflect the full extent of damages incurred due to train delays, thus seeking higher compensation. This could be due to missing work or business meetings, disciplinary action in the military, missed flights, academic commitments, or essential medical appointments. The distress caused also contributes to the damages; this list is non-exhaustive. Many passengers therefore file small claims, detailing the incident, damages, and evidence, awaiting a court hearing.

Conversely, Israel Railways argues that Section 1 of the “Delay Procedure” establishes a uniform, comprehensive, and exclusive settlement. According to the procedure, no additional compensation will be provided beyond the free tickets. The railway claims that as a large entity transporting tens of thousands of passengers daily, incidents occur. If every incident resulted in a deluge of lawsuits, it would be unsustainable. Even if all passengers were to win, the public would ultimately bear the cost, as the railway is a government-owned company, and financial losses would be passed onto the public through various means, including higher ticket prices.

Supreme Court Ruling

The issue was extensively reviewed by the Supreme Court in an appeal of a class-action lawsuit filed against the railway for significant delays (Appeal 9494/08 Penn v. Israel Railways, 27.06.2013).

It was determined that the procedure does not prevent a passenger from filing a compensation claim for damages resulting from the delay; it only establishes a “regime of absolute liability” that the passenger may choose to accept or reject. If the passenger wants compensation according to the procedure, that is the maximum they will receive. If they wish to seek compensation outside the procedure, they can pursue legal action. However, the railway will not provide additional compensation beyond the free tickets without legal proceedings.

During the Supreme Court proceedings, the railway argued that if a passenger files a lawsuit, it is entitled to raise all defenses, not just those allowed under the procedure. For example, it could raise arguments based on contract law (such as frustration) or tort law (breach of contract by a third party); liability would be determined based on whether it acted negligently, intentionally, or otherwise.

Ultimately, the Supreme Court determined that the final decision rests with the court hearing the claim.