The Central District Court recently certified a class action against international carrier Air India, alleging a breach of its obligations toward passengers following flight cancellations. The legal proceedings focus on the period following the cessation of the airline's operations on the route to and from Israel, which occurred in April 2024. According to reporting by 'Globes', the court found that there is a reasonable possibility that the airline did not fulfill its obligations under the Aviation Services Law, often referred to as the 'Tibi Law'.
The class action claims that upon suspending flights, the airline refrained from providing basic assistance to passengers whose flights were canceled and failed to offer alternative flight options as required by Israeli law for flight cancellations. The law is designed to protect consumer rights in the aviation industry and imposes clear duties on airlines, including the provision of financial compensation, reimbursement, or rebooking under certain conditions, depending on the timing of the cancellation and the circumstances.
The lawsuit asserts that the failure to provide these services left passengers without recourse or certainty. Conversely, the airline presented its legal position, arguing that the provisions of the law should not be interpreted as imposing an absolute obligation on airlines to provide alternative flights regardless of conditions or costs. The company contends that various constraints hindered compliance with these obligations during periods of widespread cancellations.
The court's decision to certify the class action means that the plaintiffs' central arguments have passed the threshold required for further in-depth legal examination. Practically, for consumers, this creates the potential for receiving compensation or refunds should the claim be upheld at the end of the process. The issue highlights the tension between the legal obligations of airlines under local law and the operational and economic considerations of companies operating on international routes.