Train Delay: A delayed train does not simply warrant a free ticket.

What Constitutes a 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 officially scheduled time as per the 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 have likely traveled by train at least once. If you were fortunate, the train arrived on time, you reached your destination punctually, and you were grateful for choosing public transportation. If less fortunate, the train was either delayed or early; and as a result, you either arrived late or arrived stressed, anxious, and frustrated. The good news is that there are recourse options.

In 2013, the Israel Railways Delay Compensation Procedure came into effect. This procedure establishes eligibility for compensation and regulates its receipt. It should be stated upfront that this is not a life-changing sum, but rather a free train ticket. The more interesting question is what happens when one seeks more than just a compensatory ticket; this too will be addressed.

This article examines what constitutes a train delay; the amount of compensation; how to receive it; the timeframe after which compensation can no longer be claimed; and what to do if more extensive compensation is desired.

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

How to Receive Compensation for a Train Delay?

1. Online: As a primary method, one can complete an online compensation request form. If the ticket was purchased using a “Rav-Kav” card, compensation can be claimed through a dedicated automated system of Israel Railways. Note! This system is exclusively for passengers who purchased a direct ticket (without changing trains). The form/system can be used up to a maximum of 6 months from the day the train was delayed.
2. In Person: The paper ticket/payment barcode in the app/Rav Kav can be presented to a train station manager within 14 days of the journey. This method allows for compensation only at train 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 contingent upon presenting the barcode received upon ticket generation in the system. Without presenting the barcode, no compensation will be given. Therefore, it is advisable to take a screenshot of the barcode in case the app is unable to display it after the journey.
• Via Rav-Kav: Compensation tickets will only be loaded onto the Rav-Kav card used for the journey.

Is it Possible to Sue for Compensation Beyond Free Tickets?

The short answer is definitively yes. The longer answer:

Passengers often argue that free ticket(s) do not reflect the extent of the damages incurred due to the train delay; therefore, they demand higher compensation. This may be due to lateness to work or a business meeting; lateness to a military base resulting in disciplinary action; missing a flight; missing an academic institution; or missing an important medical appointment. The damages can also include the distress associated with these events; and this list is not exhaustive. Therefore, many passengers file a small claims lawsuit, detailing the event and their damages, attaching evidence—and awaiting a hearing on their claim.

Conversely, Israel Railways argues: Section 1 of the “Delay Procedure” states that this is a uniform, exhaustive, and exclusive arrangement. In other words, according to the procedure, no further compensation will be given beyond the compensatory 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 be sustainable. Even if all passengers win and are correct, it is ultimately the public that will suffer. Because the railway is a government company, financial harm to it will result in costs being shifted to the public; from securities to increased ticket prices.

Supreme Court Ruling

This issue has been extensively reviewed by the Supreme Court as part of an appeal of a class-action lawsuit filed against the railway due to a significant delay (Appeal 9494/08 Penn v. Israel Railways, 27.06.2013).

In this case, it was determined that the procedure does not bar a passenger from filing a claim for damages resulting from the delay; but rather establishes a “regime of absolute liability” that the passenger may choose to abide by 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 action. However, the railway itself, and without legal proceedings, will not provide additional compensation beyond the compensatory tickets.

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

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