ISRAELI AVIATION SERVICES LAW NOTICE
This notice ("Notice") contains important information about the rights of the passenger (the "passenger") as a passenger of Oneclick Airways JSC ("Oneclick") under Israel's Aviation Services Law (Compensation and Assistance for Flight Cancellations and Changes in Conditions) No. 5772-2012 (the "ASL").
The rights referred to in this Notice apply in the following circumstances:
(a) the passenger has a confirmed reservation on a flight operated by Oneclick purchased at a fare available directly or indirectly to the general public;
(b) (except in the case where the flight has been cancelled) the passenger has presented themselves for check-in before the check-in deadline as specified by Oneclick in its General Terms & Conditions;
(c) the passenger is travelling on a flight departing from an airport in Israel or a flight arriving at an airport in Israel (unless the passenger received benefits or compensation and was given assistance in such other country and those benefits, compensation and assistance directly correspond to the passenger's entitlement under the ASL);
(d) the passenger has not been denied boarding by reason of a matter set out in Oneclick's General Terms & Conditions;
(e) the passenger has been denied boarding involuntarily; or
(f) the flight is delayed by more than two (2) hours beyond its scheduled departure time or cancelled.
DENIED BOARDING
If a seat is not available for a passenger with a confirmed reservation, the passenger is entitled to the relevant rights set out in this Notice (same as in the event of flight cancellation), unless the passenger's boarding has been denied in circumstances where there are reasonable grounds to deny boarding. Such reasons may be (but are not limited to) reasons of health, safety, security or inadequate travel documentation or otherwise pursuant to the applicable legislation.
FLIGHT DELAY BETWEEN TWO AND FIVE HOURS
If Oneclick reasonably expects the flight to be delayed for two (2) hours or more, but less than five (5) hours beyond its scheduled time of departure, the passenger is entitled to the relevant rights set out in clause 3(a) and 3(b) of this Notice.
FLIGHT DELAY BETWEEN FIVE AND EIGHT HOURS
If Oneclick reasonably expects the flight to be delayed for five (5) hours or more, but less than eight (8) hours beyond its scheduled time of departure, the passenger is entitled to the relevant rights set out in clause 3, unless the flight was delayed due to a strike or a protected work-by-rule strike delay, in which case the passenger is entitled to the relevant rights set out in clause 3(a) and 3(b) of this Notice.
FLIGHT RESCHEDULED FOR AN EARLIER TIME
If the flight was brought forward by five (5) hours or more, but less than eight (8) hours ahead of its scheduled time of departure, and the passenger did not receive notice concerning said change at least 14 days before the scheduled time of departure, the passenger is entitled to the rights set out in clause 2 of this Notice.
If the flight was brought forward by eight (8) hours or more ahead of its scheduled time of departure, the passenger is entitled to the rights set out in clause 1 and 2 of this Notice.
FLIGHT CANCELLATION AND DELAYS BY MORE THAN EIGHT HOURS
If the flight is cancelled, or delayed by more than eight (8) hours, the passenger is entitled to the rights set out below (see clauses 1, 2 and 3 of this Notice).
Oneclick may refuse compensation in any of the following cases (each, an "Exemption"):
(a) the passenger is informed of the cancellation at least fourteen (14) days before the scheduled time of departure;
(b) the passenger is informed of the cancellation between fourteen (14) and seven (7) days before the scheduled time of departure and is offered re-routing, allowing the passenger to depart no more than two (2) hours before the scheduled time of departure and reach the final destination no more than four (4) hours after the scheduled time of arrival; or
(c) the passenger is informed of the cancellation less than seven (7) days before the scheduled time of departure and is offered re-routing, allowing the passenger to depart no more than one (1) hour before the scheduled time of departure and to reach the final destination no more than two hours after the scheduled time of arrival;
(d) the cancellation is due to extraordinary circumstances which were not under Oneclick's control (notwithstanding any actions which Oneclick may have undertaken to mitigate the effect of such circumstances);
(e) the flight was cancelled due to strike; or
(f) the flight was cancelled in order to prevent the desecration of the Sabbath or a Jewish holiday.
The provisions of clauses (a), (b) or (c) do not apply if the passenger refuses to fly on an alternative flight because such alternative flight was not offered to any travel companion of the passenger or for reasons of security, religion or medical limitations.
1. RIGHT TO COMPENSATION
If the passenger is involuntarily denied boarding or the flight is cancelled or delayed by eight (8) or more hours with respect to the scheduled departure time, the passenger is entitled to receive, subject to the Exemptions provided hereinabove, the following amount from Oneclick:
(a) NIS 1,530 in respect of all flights of 2,000 km or less;
(b) NIS 2,450 in respect of all flights over 2,000 km and up to 4,500 km; and
(c) NIS 3,670 in respect of all flights over 4,500 km.
The foregoing compensation will be reduced by fifty percent (50%) where the delay in the landing time at the final destination compared with the original landing time does not exceed the scheduled arrival time of the flight originally booked by two (2) hours (flights referred to in paragraph 1(a)), three (3) hours (flights referred to in paragraph 1(b)) or four (4) hours (flights referred to in paragraph 1(c)).
Compensation, if due, will be made within forty-five (45) days of receipt of the passenger's written request to Oneclick.
Compensation will be paid by bank transfer, or by other means as agreed to in writing by the passenger.
2. RIGHT TO REIMBURSEMENT OR RE-ROUTING
If the passenger was denied boarding or the flight is cancelled or delayed for at least eight (8) hours, the passenger may choose between:
(a) reimbursement of the amount paid for the flight ticket, including fees, levies, taxes and other obligatory payments or a replacement flight ticket to the final destination; or
(b) re-routing, under comparable transport conditions, at the earliest opportunity, or at a later date at the passenger's convenience, subject to availability of seats.
If the flight is delayed by at least five (5) hours and the passenger elects not to travel, the passenger is entitled to receive reimbursement under paragraph 2(a), together with, when relevant, a return flight to the first point of departure, at the earliest opportunity.
If the passenger does not wish to continue with the initial travel plans when there is a delay of at least five (5) hours, the passenger may choose reimbursement or re-routing.
However, if the flight's delay is due to a protected strike, the passenger will only be entitled to reimbursement and rights of care as set in clause 3(a) and 3(b) below.
Where it is not feasible for Oneclick to arrange the care set out below, Oneclick will reimburse the passenger for the passenger's reasonable receipted expenses upon application to Oneclick.
Reimbursement of the amount paid for the flight ticket, including fees, levies, taxes and other obligatory payments, will be made within twenty-one (21) days of receipt of written application.
3. RIGHT TO CARE
The assistance as described in this section is provided in the event that a flight's time of departure is delayed by at least two hours from the scheduled departure.
(a) Meals and refreshment vouchers in reasonable relation to the waiting time, as long as it will not further delay the departure of the aircraft;
(b) Two telephone calls, telex or fax messages or e-mails; and
(c) If Oneclick expects a flight to be delayed by five (5) hours or more, but less than eight (8) hours, and the flight was not delayed due to a strike or a protected work-by-rule strike, the passenger will also be offered free of charge, if applicable:
(i) hotel accommodation in cases where a stay of one or more nights becomes necessary, or where a stay additional to that intended by the passenger becomes necessary;
(ii) transport between the airport and place of accommodation (hotel or other).
(d) If the flight is cancelled or delayed by over eight hours, the passenger may be entitled to all of the care services listed above.
4. CHANGES TO THE TERMS
If the passenger is placed in a higher class of service than that stipulated on the flight ticket, the passenger will not be subject to any extra charges nor entitled to any monetary compensation.
If the passenger is involuntarily placed in a lower class of service than that stipulated on the flight ticket, the passenger will be entitled to monetary compensation in accordance with the provision in the second appendix to the ASL.
This Notice is given in accordance with ASL.
Any legal claim brought or action taken by the passenger in the event of a dispute should be based solely on the legal text of the ASL.