Civil Case (N) 4843-03-20 Aviram Becker v. El Caspi Case – Supreme Court Israel Airlines Ltd. - part 10

However, it seems that the seizure is due to that delay of an hour and a half that at the end of the day led to the result of the cancellation of a flight due to the fear of landing on Shabbat, when it is unreasonable to assume that the airline that wishes to avoid desecration of Shabbat or holiday schedules a landing 50 minutes before the beginning of the Sabbath or holiday, and thus ostensibly puts itself at risk "voluntarily", or perhaps it should be said consciously, in order to sell a ticket and at the same time not compensate (and this does not constitute "in our case" an exceptional event of force majeure that could not have been foreseen in advance" as stated in paragraph 59 of the statement of defense, insofar as it indeed relates to the claim in question).  I do not go into the question raised by the defendant on the other hand, and it has substance in it, whether a person who purchases the ticket knowing that the landing is 50 minutes before the start of Shabbat or a holiday does not consciously choose to take a risk in view of the provisions of the law on the one hand, and whether he is indeed a member of the Shabbat-observant crowd on the other hand (so that this works in both directions), but we will draw a situation in which the landing time was 3 hours before the start of Shabbat or a holiday - is the argument against the defendant that she chose to set a landing time 50 minutes before the beginning of Shabbat Or a holiday in such a way that any delay that would have led to the cancellation of a flight would have been opposed in the same way? After all, landing 3 or 4 hours before the start of the Sabbath or holiday is reasonable, even for those who keep the Sabbath, and if the end of the repair was after 3-4 hours, then even then the defendant would not have set out and ordered the cancellation of the flight in order to avoid desecration of the Sabbath or holiday, even though in normal circumstances 3-4 hours are not even entitled to the benefits of a delay in departure between 5-8 hours under the Aviation Services Law.  To teach you that even a safety factor of 3-4 hours would not necessarily help, when in this case the attempt to fix it had already passed the hour and a half.  And to be precise; The legislature did not set conditions within the framework of the section for its fulfillment, just as it chose to subject the exemption inherent in section 6(e)(1) of the Law to the fulfillment of certain conditions, including not stipulating as a condition that a flight would not be determined for a certain time.  When the legislature sought to define times, it knew how to define, but this is not the case with regard to the exemption regarding the prevention of desecration of Shabbat or holidays, in such a way that if an airline uses the exemption, then it must schedule flights up to 3-4 hours, for example, before the flight.  The question, therefore, is what actually caused the flight cancellation, and it was not the malfunction that caused the flight cancellation, but the landing after the holiday.