Compensation
#4
Original Poster




Join Date: May 2005
Programs: PL LY, PL CO , Gold HH
Posts: 584
#6
Original Poster




Join Date: May 2005
Programs: PL LY, PL CO , Gold HH
Posts: 584
I found out by chance 2 days before my flight back from Jfk that they switched to
another plain and I am not on the flight. I had business class ticket.
I was able to contact reservations in Israel and they told me that they moved
me to economy on Delta.
Later they called and said that there is a business class on United but 1 and half day earlier.
I had to take this flight and to lose
many many meetings.
Lior
another plain and I am not on the flight. I had business class ticket.
I was able to contact reservations in Israel and they told me that they moved
me to economy on Delta.
Later they called and said that there is a business class on United but 1 and half day earlier.
I had to take this flight and to lose
many many meetings.
Lior
#7
FlyerTalk Evangelist




Join Date: May 2005
Location: TLV/LHR
Programs: BA GGL, IHG Diamond Elite Amb, HH Diamond, Avis PC, Hertz PC, Sixt Platinum
Posts: 13,004
Lior, regadless of whether or not LY owe you compensation (which I believe they do), you didn't "have" to take the UA flight, but chose to because you didn't want to travel Economy, and so surely the meetings you missed couldn't have been that important, or urgent.
#8
Original Poster




Join Date: May 2005
Programs: PL LY, PL CO , Gold HH
Posts: 584
They were very important and this is
not an argument for you to judge because you don't know about many
other factors.
I am not going to go with you out of topic here. I know from the past that
many of your remarks are like that.
Have fun
not an argument for you to judge because you don't know about many
other factors.
I am not going to go with you out of topic here. I know from the past that
many of your remarks are like that.
Have fun
#9


Join Date: Feb 2005
Programs: EL AL Matmid Platinum, BA Club GfL, Avis President's Club
Posts: 2,205
What if the meetings were a short time after he was meant to arrive and travelling in economy would mean he would not be able to perform properly at those meetings?
#10




Join Date: Mar 2016
Location: Everywhere, mostly AMS
Posts: 4,578
But OP have provided no useful details for anyone to even guess what compensation he can seek, especially the timings of the original flight and the timing of the DL flight.
#11
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,253
Although it is unclear, it sounds as though OP cancelled meetings so that he could fly out earlier than planned in J, not that he flew out in J and then took his meetings on arrival.
But, as to OP's general question, he is asking about what are generally known as "compensatory" damages, those which do not flow directly from the delay itself, but from other follow on issues.
As OP can imagine, the "what if's" of compensatory damages are excluded by all carriers as they are not reasonably determined.
Perhaps the meetings would have gone poorly for OP and he would have lost business, so he is better off for having cancelled them? How do we know?
As to the decision to fly in Y on schedule or to skip the critical meetings and fly in J, that is a cost-benefit decision which only OP can make.
But, as to OP's general question, he is asking about what are generally known as "compensatory" damages, those which do not flow directly from the delay itself, but from other follow on issues.
As OP can imagine, the "what if's" of compensatory damages are excluded by all carriers as they are not reasonably determined.
Perhaps the meetings would have gone poorly for OP and he would have lost business, so he is better off for having cancelled them? How do we know?
As to the decision to fly in Y on schedule or to skip the critical meetings and fly in J, that is a cost-benefit decision which only OP can make.
#12
Original Poster




Join Date: May 2005
Programs: PL LY, PL CO , Gold HH
Posts: 584
I was in The USA.
I found out by myself (because I checked the Elal website to see that
my 77A is safe) that my flight on
Saturday night from JFK to TLV
will be oprated by Hi Fly and I don't
have any seat.
it was on Friday at 01:00 AM.
Elal didn't call to tell me about this change. I found it my self.
I spent the next 4 hours on calls to
Israel and to Elal to find a solution.
at first they offered a downgrade to
Delta flight in economy middle seat.
I paid J class for the past 19 years
and especially to LY as a PL for the past 10 years.
I love ELAL very much.
But here I had to cancel meetings
and fly on Friday afternoon.
My question is not if my medical problems are important or my meetings are important.
I am asking if someone got compensation for the mess with
his flights.
Downgrades, change of time, loosing
unimportant meetings, any reason.
Just tell us if you got something or nothing.
I hope that now I am more clear to
some of you
-
I found out by myself (because I checked the Elal website to see that
my 77A is safe) that my flight on
Saturday night from JFK to TLV
will be oprated by Hi Fly and I don't
have any seat.
it was on Friday at 01:00 AM.
Elal didn't call to tell me about this change. I found it my self.
I spent the next 4 hours on calls to
Israel and to Elal to find a solution.
at first they offered a downgrade to
Delta flight in economy middle seat.
I paid J class for the past 19 years
and especially to LY as a PL for the past 10 years.
I love ELAL very much.
But here I had to cancel meetings
and fly on Friday afternoon.
My question is not if my medical problems are important or my meetings are important.
I am asking if someone got compensation for the mess with
his flights.
Downgrades, change of time, loosing
unimportant meetings, any reason.
Just tell us if you got something or nothing.
I hope that now I am more clear to
some of you
-
#13




Join Date: Jun 2006
Location: Israel
Programs: Elal Silver, AirCanada Aeroplan, AA AAdvantage, KLM Flying Blue, Continental OnePass, Delta Skymiles
Posts: 559
After having a flight delayed to the US by over 8 hours due to pilots slowdown, I submitted a formal request for compensation. Today I received the reply and I'll share the relevant line in Hebrew:
בשל הנסיבות, לא יכולנו למנוע את שינוי הטיסה, על פי חוק שירותי תעופה 2012, ומכח החריג בסעיף 6.(ה)(1)(2) אין טיסה זו מזכה בפיצוי.
Basically there appears to be a clause which they are quoting which allows them to not pay compensation. I do not have access to the full law so I am unable to determine whether they are legally correct or not.
בשל הנסיבות, לא יכולנו למנוע את שינוי הטיסה, על פי חוק שירותי תעופה 2012, ומכח החריג בסעיף 6.(ה)(1)(2) אין טיסה זו מזכה בפיצוי.
Basically there appears to be a clause which they are quoting which allows them to not pay compensation. I do not have access to the full law so I am unable to determine whether they are legally correct or not.
#14
FlyerTalk Evangelist




Join Date: Dec 2009
Programs: UA, LY
Posts: 13,179
Here is the official law from the Knesset's website: http://fs.knesset.gov.il/%5C18%5Claw...lsr_301013.pdf
The quoted clause:
Basically, the airline is off the hook if the cancellation was outside their control do to extraordinary events and there's nothing they could have done to prevent it (not really the case here) OR was due to a strike or similar.
They claim that both Provision 1 and Provision 2 apply here, getting them off the hook.
Note, I am NOT a lawyer, but I am a Jew
Provision 1 doesn't seem to apply, as that is generally reserved for an act of God. They could have done more to find alternative pilots, lease planes, agree to demands, etc.
Provision 2 may apply. However, the pilots never called a formal strike. This was a slowdown, an unofficial work stoppage, not a strike sanctioned by the Histadrut or the Labor Court.
If you're not satisfied, I recommend filing complaints with EL AL (re-escalate the issue) as well as the Consumer Protection Council, and maybe look at a law firm that specializes in this. This one (http://rotbaumlaw.com/2013/12/%D7%A2...9%D7%A1%D7%94/) consistently comes up when discussing the Tibi Law and related benefits
The quoted clause:
ה( בלי לגרוע מהוראות סעיף קטן )ג(, נוסע שטיסתו בוטלה לא יהיה זכאי לפיצוי כספי כאמור בתוספת הראשונה, אם מפעיל הטיסה או המארגן הוכיח כי התקיים אחד מאלה: )1 )הטיסה בוטלה בשל נסיבות מיוחדות שלא היו בשליטתו, וגם אם היה עושה כל אשר ביכולתו — לא היה יכול למנוע את ביטולה בשל אותן נסיבות; )2 )הטיסה בוטלה בשל שביתה או השבתה מוגנות; )3 )הטיסה בוטלה כדי להימנע מחילול שבת או חג.
They claim that both Provision 1 and Provision 2 apply here, getting them off the hook.
Note, I am NOT a lawyer, but I am a Jew

Provision 1 doesn't seem to apply, as that is generally reserved for an act of God. They could have done more to find alternative pilots, lease planes, agree to demands, etc.
Provision 2 may apply. However, the pilots never called a formal strike. This was a slowdown, an unofficial work stoppage, not a strike sanctioned by the Histadrut or the Labor Court.
If you're not satisfied, I recommend filing complaints with EL AL (re-escalate the issue) as well as the Consumer Protection Council, and maybe look at a law firm that specializes in this. This one (http://rotbaumlaw.com/2013/12/%D7%A2...9%D7%A1%D7%94/) consistently comes up when discussing the Tibi Law and related benefits
#15




Join Date: Jun 2006
Location: Israel
Programs: Elal Silver, AirCanada Aeroplan, AA AAdvantage, KLM Flying Blue, Continental OnePass, Delta Skymiles
Posts: 559
Here is the official law from the Knesset's website: http://fs.knesset.gov.il/%5C18%5Claw...lsr_301013.pdf
The quoted clause:
Basically, the airline is off the hook if the cancellation was outside their control do to extraordinary events and there's nothing they could have done to prevent it (not really the case here) OR was due to a strike or similar.
They claim that both Provision 1 and Provision 2 apply here, getting them off the hook.
Note, I am NOT a lawyer, but I am a Jew
Provision 1 doesn't seem to apply, as that is generally reserved for an act of God. They could have done more to find alternative pilots, lease planes, agree to demands, etc.
Provision 2 may apply. However, the pilots never called a formal strike. This was a slowdown, an unofficial work stoppage, not a strike sanctioned by the Histadrut or the Labor Court.
If you're not satisfied, I recommend filing complaints with EL AL (re-escalate the issue) as well as the Consumer Protection Council, and maybe look at a law firm that specializes in this. This one (http://rotbaumlaw.com/2013/12/%D7%A2...9%D7%A1%D7%94/) consistently comes up when discussing the Tibi Law and related benefits
The quoted clause:
Basically, the airline is off the hook if the cancellation was outside their control do to extraordinary events and there's nothing they could have done to prevent it (not really the case here) OR was due to a strike or similar.
They claim that both Provision 1 and Provision 2 apply here, getting them off the hook.
Note, I am NOT a lawyer, but I am a Jew

Provision 1 doesn't seem to apply, as that is generally reserved for an act of God. They could have done more to find alternative pilots, lease planes, agree to demands, etc.
Provision 2 may apply. However, the pilots never called a formal strike. This was a slowdown, an unofficial work stoppage, not a strike sanctioned by the Histadrut or the Labor Court.
If you're not satisfied, I recommend filing complaints with EL AL (re-escalate the issue) as well as the Consumer Protection Council, and maybe look at a law firm that specializes in this. This one (http://rotbaumlaw.com/2013/12/%D7%A2...9%D7%A1%D7%94/) consistently comes up when discussing the Tibi Law and related benefits

