Legal Notice

Transavia liability notice for passengers and their baggage.

This information notice summarises the liability rules applied by transavia.com as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for passenger injury or death. For damages up to 128,821 SDRs, transavia.com cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments

If a passenger is killed or injured, transavia.com must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.

Passenger delays

In case of passenger delay, transavia.com is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 5,346 SDRs.

Baggage delays

In case of baggage delay, transavia.com is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,288 SDRs.

Destruction, loss or damage to baggage

transavia.com is liable for destruction, loss or damage to baggage up to 1,288 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, transavia.com is liable only if at fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to transavia.com as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

Liability of contracting and actual carriers

If the air carrier actually performing the flight is not the same as the contracting air carrier or vice versa, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action

Basis for the information

For flights departing from an airport in Israel or a flight arriving at an airport in Israel, in principle the below applies:

Notice of your rights in the event of denied boarding, flight delay or flight cancellation

The rights referred to in this notice apply in the following circumstances:

• Transavia Airlines C.V. or Transavia France S.A.S. is the flight operator;
• Flights with a flight number that starts with “HV” are operated by Transavia Airlines C.V. and flights with a flight number that starts with “TO” are operated by Transavia France S.A.S.
• Transavia Airlines C.V. and Transavia France S.A.S. are hereinafter referred to as “Transavia”. 
• The rights set out in this notice relate to – and may be invoked by a passenger with regards to - the airline that operates the flight. 
• You are travelling on a flight departing from an airport in Israel or a flight arriving at an airport in Israel;
• You have a confirmed reservation on the flight;
• You are fully checked-in by the time indicated on your Transavia flight ticket; or
• You are travelling on a fare available directly or indirectly to the public, or on a ticket that has been issued by virtue of membership on a program for the giving of bonuses of Transavia if any.

Cancellations and delays of 8 hours or more
In case you purchased Transavia flight tickets for flight to/from Israel, since March 1, 2020 until December 14, 2020 - and the flight was cancelled by us you are entitled to receive refund of consideration within 90 days of the scheduled date or on August 14, 2020 whichever is latest.

In case you purchased Transavia flight tickets for flight to/from Israel, since December 15, 2020 - and the flight was cancelled by us you are entitled to receive refund of consideration within 30 days of the scheduled date.

Please be advised that in case you purchased your flight ticket via a travel agency, your consideration is at the agency disposal; for any further questions, please contact your travel agency; 

In case your flight ticket was purchased directly from us and you haven’t received your refund yet, this is most likely due to matters relating to lack of information concerning your bank account details; please contact us in order to complete the process via our Service Center of which the contact details can be found here. 

Re-routing/reimburcement
If your flight is cancelled or delayed at least 8 hours, you may choose between:

• Replacement flight ticket to your final destination; or
• Reimbursement in the amount paid for the flight ticket, including fees, levies, taxes and other obligatory payments within 21 days of receipt of written application

Assistance
In addition, you will receive free of charge:

• food and drinks in accordance to the waiting time ("Food and Drink");
• hotel accommodation in cases where an overnight stay or a stay in addition to that which you originally intended becomes necessary, including transport ("Accommodation Services" and "Travel Services"); and
• 2 telephone calls, fax messages or e-mails ("Communication Services").

Where it is not feasible for Transavia to arrange the assistance set out above, Transavia will reimburse you for your reasonable receipted expenses upon application to Transavia’s Service Center which contact details can be found here.

Compensation
Monetary compensation for a cancellation or delay greater than 8 hours is not payable if the cancellation is brought to your attention:

1. 14 days or more before the scheduled time of departure;
2. Between 7 and 14 days before the scheduled time of departure and you were offered re-routing with a departure no more than 2 hours before the scheduled time of departure and an arrival at your final destination less than 4 hours after the scheduled time of arrival; or
3. Less than 7 days before the scheduled time of departure and you were offered re-routing with a departure no more than 1 hour before the scheduled time of departure and an arrival at your final destination less than 2 hours after the scheduled time of arrival. 

The above provisions do not apply if you refuse to fly on the alternative flight because the alternative flight was not offered to your travel companion(s) or for reasons of security, religion or medical limitations.

Monetary compensation is also not due if:

1. The cancellation is due to extraordinary circumstances which were not under Transavia’s control even if Transavia had done whatever was under its control;
2. The flight was cancelled due to strike or a protected work-by-rule strike;
3. The flight has been cancelled in order to prevent the desecration of the Sabbath or a Jewish holiday.

The compensation amounts are as follows:

• A For flights up to 2000 km NIS 1,390
• B For flights of 2,000 km - 4,500 km NIS 2,220 
• C For flights of over 4,500 km NIS 3,340

• The foregoing compensation will be reduced by 50% provided that the delay in the landing time at the final destination compared with the original landing time does not exceed the scheduled arrival time of the flight originally booked by 4 hours (flights falling under A), 5 hours (flights falling under B) or 6 hours (flights falling under C).
• Compensation, if due, will be made within 45 days of receipt of a written request
• Compensation will be made by bank transfer or check, or by other means as agreed to in writing by the passenger. 

Delays between 2 and 8 hours

The assistance as described in this section is provided in the event that a flight time of departure is delayed by at least 2 hours and less than 8 hours from the scheduled departure.

If Transavia expects a flight to be delayed by at least 2 hours you will be offered free of charge:

• Food and Drink;
• Communication Services.

If Transavia expects a flight to be delayed by 5 hours and less than 8 hours, you will also be offered free of charge, if applicable:

• Accommodation Service
• Travel Services.

If you do not wish to continue with your initial travel plans when there is a delay of at least 5 hours, you may choose reimbursement or a replacement flight ticket. However, if the flight's delay is due to a protected strike, you will only be entitled to reimbursement; Food and Drink and Communication Services.

Denied boarding

Transavia, as a policy, does not overbook its flights. However, in the unlikely event that a seat is not available for a passenger with a confirmed reservation, we will seek volunteers to surrender their seats in exchange for benefits that we and the volunteer may agree upon before involuntarily denying boarding to other passengers. If there are insufficient volunteers and we deny you boarding involuntarily, you are entitled to the relevant rights set out in this chapter, unless your boarding has been denied in circumstances where there are reasonable grounds to deny boarding such as reasons of health, safety, security or inadequate travel documentation. 

• A replacement flight ticket to your final destination, under as similar conditions as possible to the conditions of the original flight ticket and at the earliest time possible or at a later date in coordination with you, subject to availability of seats; or
• Reimbursement of consideration in the amount paid for the flight ticket, including fees, levies, taxes and other obligatory payments.

• Food and drink in accordance with the waiting time;
• Accommodation and travel services; and
• Communication services.

Where it is not feasible for Transavia to arrange the assistance set out above, Transavia will reimburse you for your reasonable receipted expenses upon application to: Transavia’s Service Center which contact details can be found here.

Denied boarding compensation
Subject to the conditions noted above, if you have been denied boarding against your will, you will be entitled to compensation as follows:

• A For flights up to 2000 km: NIS 1,320
• B For flights of 2,000 km - 4,500 km: NIS 2,120 
• C For flights of over 4,500 km: NIS 3,180

The foregoing compensation will be reduced by 50% provided that the delay in the landing time at the final destination compared with the original landing time does not exceed the scheduled arrival time of the flight originally booked by 4 hours (flights falling under A), 5 hours (flights falling under B) or 6 hours (flights falling under C).

This Notice is a notice under Israel’s Aviation Services Law (Compensation and Assistance for Flight Cancellations and Changes in Conditions), 5772-2012 (the "ASL")
Nothing herein derogates from or adds to the rights and duties of a passenger under the ASL. Any legal claim or action taken in the event of a dispute should be based solely on the legal text of the ASL.

Legal Notice: airport taxes for unused flights

Following an approval of a settlement agreement within the framework of a class action proceeding in Israel (C.A. 13682-10-19) concerning refund of airport taxes for unused flights, the following passengers are invited to approach Transavia Airlines C.V. or the travel agent from which they purchased their flight ticket, and submit a written request for a refund: Passengers who purchased a Transavia Airlines C.V. (HV) flight ticket in Israel between October 2012 and July 2023 and who did not use one or more of their flights and who did not yet receive a refund of airport taxes.   

In accordance with the provisions of the settlement agreement and the criteria set in it regarding eligibility for a refund of airport taxes, such refund shall be available to those passengers who submit a written request within 6 months as of the date of this announcement. At the end of the said 6 months period Transavia would have 60 days to check the eligibility for a refund of all passengers who submitted a refund request and provide the entitled passengers with a respective refund.  

The abovementioned passengers are invited to send Transavia a written request via the following email address: [email protected].