Aviation Claim

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The Aviation Services Law, enacted in 2012, codifies and harmonizes international aviation conventions. While these conventions had long governed the field, the lack of consistent national legislation led to inconsistent application, including in Israel. Considering filing an aviation claim? Following extensive deliberation, in 2012, MK Ahmad Tibi proposed and passed the Aviation Services Law, addressing gaps in airline obligations and passenger rights. This law applies to all flights departing from and arriving in Israel, including stopovers.

The aforementioned situations obligate the airline to provide the passenger with benefits and/or compensation without the need for legal action. However, if an airline fails to meet its obligations and no applicable exemption exists, a passenger may file a claim. Claims may seek, inter alia, compensation without proof of damage under the Aviation Services Law, up to NIS 11,150 (as of 2023).

Compensation without proof of damage (“exemplary damages”) requires only proof of the airline’s breach of obligation. The claimant need not demonstrate any specific harm resulting from the breach. However, it is important to note that courts assess the damages incurred based on their experience and evaluation. Therefore, specifying damages in the claim (e.g., describing non-pecuniary harm such as distress) is beneficial, and providing supporting evidence is advisable where possible.