Dov Grubstein, Efrat Gillis Gerstein, Gal Grobstein, Eli Grubstein, and Maya Grobstein (Plaintiffs Nos. 54-58)
- The statement of claim does not refer to any specific issue.
- The affidavit indicates that they received a hotel near the airport. They asked for two adjoining rooms because there was no room suitable for five people and they did not have the option, so Mr. Dov and his wife each split up in a room with some of the children until the next day they were transferred to another hotel in the city suitable for five people, but he described that both the arrival at the hotel and the taxi were paid by them, the plaintiffs. Accommodation was paid $329 and taxis $289, for a total of $618. They took another taxi back to the airport for $238. As for meals, they cost $370.44. Total expenses: $1555.44. Meals - Lunch on October 20 for $27.11 for two people. Dinner at 20.10 for five people for $210.62. Breakfast at 21.10 for 5 people for $86.17. Lunch on 21.10 for two people for $46.54.
- His testimony indicated that there was no receipt regarding accommodation at the Hyatt Hotel in the city center and taxis. They did get a hotel from the defendant for the first night - two rooMs. A message was transferred to another hotel, even though El Al paid for two days. They passed and did not pass them. He said he had received a refund from El Al for the hotel, a taxi and restaurants. There was also talk of alternative flights, but they said there were none, so they did not offer it to him when he asked on his own initiative. According to what was stated in his affidavit (paragraph 9) and in his testimony (p. 50, s. 29) - up to about four people remained at the airport, and therefore they should be compensated according to the cost of a voucher in the sum of $15 per person, that is, for five people they should be compensated $75. Once he received it for his expenses, there is no need for additional reimbursement.
Daniel Levy and Anat Levy (Plaintiffs Nos. 34-35)
- In the statement of claim, they petitioned for expenses for food and drink, taxis and a hotel in the total amount of $1227.75
- The affidavit revealed that they arrived at the hotel independently when an El Al representative told them that there was a hotel on behalf of the flight operator, but the number of rooms was limited, so he asked them to manage on their own. At the airport, a local employee let them use his phone. When they arrived at the hotel, they learned that there were only two rooms available, even though they had asked for three rooms, which forced them to share a room with another couple of friends they didn't know, and she and her partner slept together in a single bed. It should be noted in this regard that this is also not a hotel provided by the defendant. Shuttle services cost $383.55 (including a taxi from the airport for $65 and a taxi from the hotel to the airport for $139.20). Clothing expenses of $523.05, hotel cost $169.74. Food - $27.56 (receipt of $23.41 attached). With regard to the rest of the receipts, it was noted that they were not kept.
- In their testimony, they claimed that they contacted El Al only by phone regarding reimbursement of expenses, but did not receive a response. They were familiar with El Al's letter, but did not apply for reimbursement of expenses. The plaintiff stated that in real time she asked to be helped to find a hotel and then they were informed that it was over and that those who did not have a hotel should go look. She claimed that they "threw us into the dogs" at 4:00 a.m. without a room and were forced to sleep with another couple in a single bed without privacy. This is a May passenger with her friend Frances. They paid because they felt sorry for them. "We came to a hotel with a group of people. We went in, at some point there is no room in the rooMs. 4:00 A.M. they tell me the rooms are over. What can I do?" (p. 118, paras. 22-23). The plaintiff was asked about the receipts for the hotel and replied that it was later that on the second night he found a room and the event he described was in relation to the first night. According to the defendant, $524 should not be indemnified for the purchase of clothing since they are not entitled to it, and the calculation of the relevant receipts attached to the affidavit is only less than $350.
According to Mr. Levy's testimony (p. 118, para. 14, and paragraph 11 of his affidavit), they remained in the field until about four o'clock, and therefore they should be compensated according to the cost of a voucher of $15 per person, i.e., $30 for two people. In the case at hand, I am of the opinion that even if they did not pay for the room, a place where they slept with another foreign couple in a single bed without privacy due to the circumstances that were created and there is no other room in the hotel and it is a late night time when they have already arrived with their luggage and are in a state of constraint when they agreed to the defendant's offer to locate a hotel alone (and not sleeping with a friend or family member) when they could theoretically leave the hotel and go to another hotel as they did the next day and the defendant certainly according to her undertaking Indemnifying them when she herself could not provide them with a room for that night at that time and they relied on her word to indemnify them and went and found a hotel instead of a wait, because then they had to be compensated according to the cost of the hotel the next day, that was $339.48 (for two nights, with the amount less than the amount she agreed to pay for a room for a night) and also given that it was reported that they did not keep receipts except the one that was presented - a total of $83 per passenger, 204.20 taxis from the airport to the hotel and from the hotel to the airport and as well as $30 as mentioned. In total, the defendant will pay $739.68.