Train Delay: A delayed train does not automatically entitle a passenger 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 behind the official schedule published by Israel Railways. 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 have 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 transportation. If less fortunate, the train was delayed or early; and so were you – late for your final destination or arrived stressed, upset, and frustrated. The good news is that there are remedies available.

In 2013, the Israel Railways Delay Compensation Procedure came into effect. This procedure establishes eligibility for compensation and regulates its receipt. It should be noted upfront: this is not a life-changing sum, but rather a free travel ticket. The more interesting question is what happens when one wants more than just a compensation ticket, a matter we shall address.

This article will examine what constitutes a train delay; the amount of compensation; how to receive it; the time limit for claiming compensation; and what to do if you seek further compensation.

What is the Amount of Compensation for a Delayed Train?

A passenger holding a valid ticket is entitled to the following compensation:

• Delay of half an hour or more: one free ticket for the segment traveled.
• Delay of one hour or more: two free tickets for the segment traveled.

How to Obtain Compensation for a Train Delay?

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

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

• Via the App: Receiving compensation is conditional upon presenting the barcode received upon ticket issuance. Without the barcode, no compensation will be given. Therefore, it is advisable to take a screenshot of the barcode, in case the app cannot display it after the journey.
• Via Rav-Kav: Compensation tickets will only be credited to the Rav-Kav card used for the journey.

Can You Sue for Compensation Beyond Travel Tickets?

The short answer – emphatically yes. The longer answer:

Passengers often argue that free ticket(s) do not reflect the full extent of damages incurred due to the train delay; and therefore, they demand higher compensation. This may be due to being late for work or a business meeting; to a military base resulting in disciplinary action; to a flight; to an academic institution; or to an important medical examination. The damage can also include the distress accompanying all of these; and thus the list is long and not exhaustive. Therefore, many passengers file small claims, detailing the event and their damages, attaching evidence – and awaiting the hearing of their claim.

Conversely, Israel Railways has argued that Section 1 of the “Delay Procedure” establishes a uniform, exhaustive, and exclusive settlement. In other words, according to the procedure, no further compensation will be given beyond the compensation tickets. According to the railway, it is a large entity transporting tens of thousands of passengers daily; and malfunctions occur. If every malfunction exposes it to a flood of lawsuits, it will not survive. Even if all passengers win and are correct, it is the passengers who will ultimately suffer. Because the railway is a government company, economic damage to it will shift costs to the public; from securities to increased 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 a significant delay (CA 9494/08 Fen v. Israel Railways, 27.06.2013).

In this case, it was determined that the procedure does not prevent a passenger from filing a claim for damages resulting from the delay; but only establishes a “regime of absolute liability” that the passenger can choose to accept or not. If the passenger wishes to receive compensation according to the procedure – that is the maximum they will receive. If they wish to receive compensation outside the procedure – they are free to file a legal proceeding. However, the railway, on its own and without legal proceedings, will not provide additional compensation beyond the compensation tickets.

During the Supreme Court proceedings, the railway argued that if a passenger files a lawsuit, it has all defenses available to it, not only those that can be raised from the procedure. For example, it can raise arguments under the law of contracts (such as frustration) or torts (breach of contract by a third party); and its liability will be determined according to whether it acted negligently/maliciously or not.

Ultimately, as determined by the Supreme Court, the final decision will be that of the court hearing the claim.