International airlines threaten to stop flying to Israel, demand change to Israeli aviation law

After a year of near-daily cancellations, refunds and legal liability, frustrated international airlines have written to say they may cease flying to Tel Aviv entirely unless their requirements are met. 

In a dramatic turn, at least 15 international airlines have signed a joint letter to the Knesset Economic Affairs Committee, including Delta Air Lines, British Airways, Iberia, EasyJet, and Wizz Air, according to Haaretz.

The signatories threatened to give up flying to Israel altogether unless there was a formal acknowledgment of the security situation that would release them from legal liability for disruptions. 

The companies formally demanded amendments to the 2012 Aviation Services Law, which requires airlines to compensate passengers for cancellations made less than 14 days before departure. With payments reaching NIS 1,100-1,500 ($260-$400) per passenger, the airlines complain that flying to Israel is no longer financially viable, especially for smaller carriers. Without proper regulation regarding cancellations and payouts, they are left vulnerable to lawsuits and have no economic incentive to continue providing flights to Israel.

The airlines are seeking a softening of the law’s requirement to prove that they had done everything in their power to prevent the cancellation of the flight, exempting them from paying compensation. 

Air France just extended the cancellation of all its flights to and from Israel until Nov. 12, and American Airlines just confirmed it will not renew flights to Ben Gurion International Airport until September 2025. There are currently no U.S. airlines willing to fly to Israel. Those who wish to fly to the Jewish state are now left with the Israeli airline, El Al, as the only option. 

U.S. Representative Ritchie Torres (D-NY) has previously described the reluctance of U.S. airlines to fly to Israel as an “effective boycott.” Speaking to Fox News Digital, he said, "My understanding is that in order to travel to Israel, your only option is El Al, which is gouging prices. So the lack of availability of air travel from [U.S. airlines] has led to price gouging. It has made air travel to Israel far less accessible and affordable to Americans, which is fundamentally unfair."

"If the FAA were to conclude that it is too dangerous to travel to Israel, then every airliner should defer to the security assessment of the FAA. The trouble is that the FAA has said nothing. The silence has been deafening," Torres continued.

"If the war were to end tomorrow, why would you need to prolong the suspension until 2025? And so the suspension of air travel from the United States to Israel has been so prolonged and so pervasive that it has the practical effect of a boycott," the congressman said.

Airlines from Arab states such UAE Airlines, Etihad, FlyDubai and Wizz Air Abu Dhabi are continuing to fly to Israel, leading U.S. lawmakers to wonder why others are unable or unwilling to do so.

"The American airliners have done far more damage to the Israeli economy than the Boycott, Divestment and Sanctions [BDS] Movement against Israel could ever dream of doing. And I worry that without a security assessment from the FAA, without an objective process, a dangerous precedent has been set on the politicization of air travel, for the weaponization of air travel as a means of boycotting Israel. And it's a powerful tool for boycott," warned Torres.

"In what universe and by what logic is it too dangerous for American Airlines and United and Delta to travel to Israel? But it's safe for UAE Airlines to do so? Like just something is rotten in the state of the American aviation industry," he said.

However, multiple airlines are insisting that Israel’s current legislation is not adequate for the ongoing state of emergency which has now lasted more than a year. Ticket prices have skyrocketed with demand outstripping supply due to the present requirement to cover the cost of alternative flights. Concerns remain that the high costs make continued flight scheduling unsustainable.              

Economic Committee attorney Shirley Katzir, partner and head of the Aviation, Tourism and Hospitality Department, which represents 20 airlines, said that companies were choosing to stop their operations in Israel to avoid the huge losses.

According to the Calcalist, Katzir claims the airlines have been dealing with a multitude of class action lawsuits and small claims regarding compensation for passengers who demand the benefits they currently deserve according to the law, which for over a year has not been adjusted to reflect the current reality.