FlyerTalk Forums - View Single Post - Anyone have any luck getting EU261 compensation from LY?
Old Oct 30, 2014, 8:14 am
  #13  
joshwex90
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Join Date: Dec 2009
Location: HaMerkaz/Exit 145
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Originally Posted by NYTA
After almost 2 months and an in person complaint at the airport yesterday I finally got the following response. Not sure about the Israeli law issue but certainly under EU law a mechanical isn't "extraordinary" and I know the residency test for EU261 is BS.

Dear NYTA,
Thank you for contacting El Al regarding the cancellation of our flight from Zurich on the 3rd of September 2014.
I am sorry for the inconvenience that you were caused.
Regarding compensation as written in your email, since your country of residence is not part of the European union the EU regulations do not apply.
The applicable law is the Israeli Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions 5772-2012).
The aircraft experienced a technical problem that was discovered immediately before the departure. The aircraft was grounded and necessitated transporting an alternative part from our hub in Tel Aviv. The circumstances surrounding this flight delay are considered extraordinary. In accordance to the Israeli Aviation Services Law, compensation is not awardable due to the explanation above. However, if you incurred 'out of pocket' expenses due to the delay, please send me copy of receipts to be reviewed.
I hope that you will be able to overlook your disappointing experience and allow us the opportunity to serve you again so that we may restore your confidence in El Al.
They are wrong about the residency requirement (they completely made that up) and they are wrong about classifying tech as "extraordinary."

You'd have legal standing to sue in Switzerland, but I'm not sure if you could force an Israeli company in an Israeli court to pay you based on a European law. But an escalation with a complaint to the Ministry of Transportation is certainly in order. They are lying 100%.
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