Fly rights: When Can an Airline Withhold Benefits and Compensation

Can an airline company withhold my fly rights?

Fly rights: 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. The passenger will not be entitled to benefits or compensation if one of the following three conditions occurs:

Fly Rights: When Notice Matters

Proper notice impacts your fly rights. Monetary compensation may be denied. This applies if the carrier or agent proved notice. Timing of the notice is key.

Notice Timelines and Alternatives

• 14+ days before: No compensation if notified.
• 7-14 days before: No compensation if alternative offered. New flight departs up to 2 hours early. Arrives up to 4 hours late.
• Less than 7 days: No compensation if alternative offered. New flight departs up to 1 hour early. Arrives up to 2 hours late.

Exceptions: Compensation Still Possible

Even with proper notice, fly rights may apply. Two situations grant compensation:

• You refused the alternative flight. It wasn’t offered to a notified companion.
• You couldn’t take the alternative flight. Due to security, religious, or medical reasons.

Other Legal Circumstances

Compensation is denied if the carrier proves:

• Cancellation due to extraordinary events. Beyond their control, despite best efforts.
• Cancellation due to protected strike or lockout.
• Cancellation to avoid Sabbath or holiday violation.

Burden of Proof

The carrier or organizer must prove these points. If they fail, you get compensation. For example, if they can’t prove notice.

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.

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. Fly Rights: Flight Advanced Five Hours or More

Your fly rights kick in if your flight advances. If it’s at least 5 hours early, you get benefits. This depends on how early it is.

Potential Benefits for Early Flights

You may be entitled to a refund. An alternative ticket is also an option. Monetary compensation is possible too.

When No Benefits Apply

Some basic conditions prevent benefits. If any apply, you get no compensation.

Exceptions for Major Advancements (8+ Hours)

For flights advanced over 8 hours, no compensation. This is if the carrier proves:

• Extraordinary circumstances caused advancement. They couldn’t prevent it.
• A protected strike or lockout caused the advancement.

5. Ticket Condition Change: Downgrade to a lower class

In this case, the amount of compensation varies depending on the difference between classes.

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.

Fly Rights: When Benefits Don’t Apply

Certain conditions prevent fly rights benefits. Even with cancellations or delays. No entitlement arises automatically.

Key Conditions Precluding Benefits

• You missed check-in on time. (Unless it was a cancelled flight).
• You were rebooked and arrived on time. This includes airline or agent notice.
• Your ticket was free of charge.
• It was a special, non-public rate. Not via a loyalty program.

No Double Dipping on Benefits

Received benefits under foreign law? For the same issue? Then you get no duplicate fly rights benefits. This prevents double compensation.