Caselaw

Civil Case (N) 4843-03-20 Aviram Becker v. El Caspi Case – Supreme Court Israel Airlines Ltd. - part 26

February 13, 2026
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"In the carriage of passengers, baggage and baggage, any claim for compensation, whatever its cause, whether under this Convention or under contract, tort or otherwise, may be brought only subject to the terms and conditions of liability as set forth in this Convention and without prejudice to the question of who are the persons who have the right to bring a claim and what are the rights of each of them. 

Punitive damages, exemplary damages, or any other damages other than restitution, will not be claimable in any such claim."

This principle is enshrined in section 10 of the Air Transport Law, which provides as follows:

"The liability of the carrier, its employees and agents under this law for damage, including for damage caused by the death of a passenger, shall take the place of its liability under any other law, and no claim for compensation for such damage other than in accordance with this law shall be heard, whether the cause of action is an agreement, civil tort or any other cause, and whoever the plaintiffs may be."

He refers to the explanatory notes to the Aviation Services Bill, while emphasizing that the legislature was aware of the provisions of the Convention, but believed that it was insufficient, and therefore enacted the law that came to add to it and not detract from it: "Passengers who purchased a flight ticket and did not fly on the flight on the date specified in the ticket due to its cancellation, change in its date or any other reason, are often forced to bear financial expenses as a result.  In addition to the non-pecuniary damages caused to them by disrupting their plans...  The existing law does not provide a proper response to this situation; Thus, according to the Air Transport Law 5740-1980, which applied the conventions to unify certain rules regarding international air transport by air signed in Warsaw and Montreal, the liability of an air carrier for damage caused to the passenger is limited to a situation of flight delay, under conditions as specified in that convention, and to monetary compensation in fixed amounts that do not necessarily reflect the extent of the damage caused to the passenger...  The bill published herein is intended to regulate compensation and assistance for passengers who were issued a flight ticket and did not board the flight on the date specified in the ticket due to circumstances that are not dependent on them, and in the process to establish rules and criteria for their entitlement to both financial benefits and assistance."

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