This English version is part of the information and contractual terms given to English-speaking customers. If the Hebrew and English versions differ on fees, payments, cancellation rights or other customer rights, the English version prevails for a customer who entered into the service in English.
European Union Regulation EC 261/2004 gives a passenger fixed compensation of €250, €400 or €600, by flight distance and whatever the ticket price, when their flight was cancelled or when they reached their final destination 3 hours or more late. The Regulation applies to every flight departing from an airport in the European Union, whatever the airline, and also to a flight landing in the EU when the operating carrier is a European airline.
The airline is exempt from the compensation only if it proves extraordinary circumstances that could not have been avoided, and the burden is on the airline. Even when the exemption applies, the passenger keeps the right to a refund of the ticket price or an alternative ticket, and the assistance services. Actual entitlement depends on the circumstances of the flight.
The text in English in the blue box is the official text of the Regulation, quoted from EUR-Lex. The Regulation is binding in its official languages only, and English is one of them. The grey text below it is our own description: what the article deals with, and where it differs from the Israeli Law. The description is not part of the Regulation, is not a binding interpretation and is not advice.
This page shows the main articles on compensation, refunds and assistance, not the whole Regulation. The full text: EUR-Lex.
| Flight distance | EU261 | Israeli Law (2026) |
|---|
| Short band (EU: 1,500 km or less · Israel: 2,000 or less) | €250 | ₪1,530 |
| Medium band (EU: 1,500-3,500 · Israel: 2,000-4,500) | €400 | ₪2,450 |
| Long band (EU: more than 3,500 · Israel: more than 4,500) | €600 | ₪3,670 |
The big practical difference is not in the amounts but in what is measured: the Israeli Law measures the delay at departure (8 hours or more is treated as a cancellation), and the European Regulation measures the delay at arrival at the destination (3 hours or more, under the case law). So a flight that landed at Ben Gurion 4 hours late may bring no compensation under the Israeli Law and €250 under the European one, and the other way round, for a cancellation the Israeli amounts are higher. The distance bands are also different (1,500/3,500 km compared with 2,000/4,500 in the Israeli Law).
This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
Plain description: Two routes to coverage: (a) every flight departing from an airport in the EU, whatever the airline, so a flight from Athens or Paris to Ben Gurion is covered even when operated by El Al; (b) a flight departing from outside the EU to a destination inside it, only when the operating carrier is a European airline, so Ben Gurion to Paris on Air France is covered, and the same route on El Al is not. An outbound flight and a return flight are assessed as two separate flights.
…have the right to compensation by the operating air carrier in accordance with Article 7, unless: (i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or (ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or (iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Plain description: A cancellation gives the right to the fixed compensation, unless the airline gave notice at least 14 days in advance; or gave notice 7 to 14 days in advance and offered an alternative that departs no more than 2 hours earlier and arrives less than 4 hours later; or gave notice less than 7 days in advance and offered an alternative that departs no more than 1 hour earlier and arrives less than 2 hours later. The similarity to the Israeli Law is not a coincidence: both are built on the same notice windows.
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Plain description: The only exemption from the fixed compensation: extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, and the burden of proving this is on the airline. The courts have held that an ordinary technical fault and a strike by the airline's own staff are, as a rule, not extraordinary circumstances. Even when the exemption applies, it does not cancel the assistance services and the right to a refund.
The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
Plain description: If the question is whether and when notice of the cancellation was given, it is the airline that has to prove it, not the passenger. A passenger who does not remember when they received the notice does not lose the claim because of that.
When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: (a) for two hours or more in the case of flights of 1500 kilometres or less; or (b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or (c) for four hours or more in the case of all flights not falling under (a) or (b), passengers shall be offered by the operating air carrier: (i) the assistance specified in Article 9(1)(a) and 9(2); and (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
Plain description: A departure delay of 2 hours (short flight), 3 hours (medium) or 4 hours (long) gives the right to assistance services: food and communication, and accommodation where needed. From a 5-hour delay, the right to a refund of the ticket price also opens. Please note: this article itself deals with assistance and refunds; the monetary compensation for delay was set by the courts (see the Sturgeon box on this page).
Where reference is made to this Article, passengers shall receive compensation amounting to: (a) EUR 250 for all flights of 1500 kilometres or less; (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; (c) EUR 600 for all flights not falling under (a) or (b). In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
Plain description: Three bands by distance: €250 (1,500 km or less), €400 (longer flights within the EU, and every other flight between 1,500 and 3,500 km), €600 (beyond that). The distance is measured in a straight line to the final destination. The amount is per passenger, whatever the ticket price, as in the structure of the Israeli Law, except that the amounts are in euros and are not linked to an index.
When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked (a) by two hours, in respect of all flights of 1500 kilometres or less; or (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or (c) by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
Plain description: If an alternative flight was offered that arrived at the destination within 2 hours / 3 hours / 4 hours (by distance band) of the original time, the airline may reduce the compensation by half. This is the counterpart of section 6(b) of the Israeli Law.
The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
Plain description: The compensation is paid in money: cash, bank transfer or cheque. A travel voucher is possible only with the passenger's signed agreement; an airline may not force a voucher instead of money.
Where reference is made to this Article, passengers shall be offered the choice between: (a) reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
Plain description: On a cancellation (and in other cases the Regulation refers to), the passenger chooses: a refund of the full ticket price within 7 days, or an alternative ticket at the earliest opportunity, or an alternative ticket at a later date that suits the passenger. This is the counterpart of the “other benefits” in section 3(a) of the Israeli Law.
Where reference is made to this Article, passengers shall be offered free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; (b) hotel accommodation in cases where a stay of one or more nights becomes necessary, or where a stay additional to that intended by the passenger becomes necessary; (c) transport between the airport and place of accommodation (hotel or other). In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
Plain description: Free of charge, where the Regulation refers to this article: food and drink in reasonable relation to the waiting time, accommodation where needed, transport between the airport and the hotel, and two telephone calls or messages. These rights survive even a claim of extraordinary circumstances.
This Regulation shall apply without prejudice to a passenger's rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation.
Plain description: The Regulation does not take away a right to further compensation under another law, but compensation already paid under it may be deducted from that compensation. This is the basis for the rule we work by: on a flight covered by both the Israeli Law and the Regulation, we choose one route and do not claim twice for the same head of damage.
This page is information, not advice. It quotes the text of a law and briefly explains what each article deals with. It contains no legal advice, no legal opinion, and no finding that any particular person is owed compensation. Actual entitlement depends on the circumstances of the flight, when notice was given, the alternative offered and the evidence.
The binding text is the official publication on EUR-Lex, in the official languages of the EU. The quotes were copied on the date shown above; the descriptions are ours and are not an official translation or interpretation. Before relying on them for a request, a demand or proceedings, compare them with the official text on that day.
Possible errors. There may be copying errors or inaccuracies, in good faith. E&OE. Found a mistake? Write to service@flyback.co.il and we will fix it quickly.
Updated: 29 August 2026.