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Old Dec 6, 2022 | 11:43 pm
  #7  
testycal
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As I await FD's reasoned response to my follow up communication to the original denial with factual and legal points, I noted that there were 2 cases in the Israeli Small Claims Court system that were commenced and then withdrawan, likely because the matters had been settled. FD has only been flying out of Israel for a year and a half which may account for few disputes in the court system and perhaps their lack of expertise in dealing with claims arising in Israel. We shall see. The Israeli courts in dealing with compensation cases from other airlines have generally upheld consumer rights, extraordinary circumstances aside, imposing what is approaching strict liability on the airlines and making that statement in the actual cases. In other words, regardless of safety concerns, as between consumer and airline, the Israeli courts prefer the consumer and it is interesting to me, as a legal professional, that the Israeli consumer law specifically states that interpretations of the consumer law will be made as favourable as possible for the benefit of the consumer. I placed a 10 day timeframe within which to accept the statutory damages that should be paid, absent a court application being made and a claim for exemplary damages which the statute states can be up to 10,000 NIS ($2500 CAD) at the discretion of the court. If any airline forces its customers to commence legal proceedings when payment should be made (perhaps FD has evidence of extraordinary circumstances but I doubt it) a court may want to send a message so that court time is not wasted on matters that should never have to be brought to court. I also proposed a confidentiality clause if FD wanted as I have no desire to advocate for the others on the flight but would be willing to share my legwork should FD force me into court. Again will update as there seems to be little information on the process with FD and I might as well share my work in general terms.

Last edited by testycal; Dec 7, 2022 at 1:03 am
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