A couple on a ski trip spent a day without their gear, bought replacements and sued for ILS 5,550. The court held the airline liable for the delay even though the fault lay with the airport's baggage system, but awarded only ILS 800.
What happened
In January 2026 a couple flew to Austria for a ski holiday. On arrival, the suitcase with their ski gear, ski suits and other equipment was missing. It reached their hotel only on the evening of the second day. So as not to lose ski days, they bought replacement gear (they said no rental suits in their sizes were available) and claimed ILS 4,550 for the equipment and ILS 1,000 for distress. After the hearing their travel insurer paid them USD 155, which they asked to deduct.
The airline's arguments
The airline blamed a failure in the Airports Authority's baggage sorting system, which it does not control. It said the bag was delivered within 24 hours and that some purchases were made after delivery. It added that the passengers did not declare valuable items at check-in, and that the Montreal Convention liability cap is meant for total loss.
The decision
The senior registrar explained that such claims fall under Israel's Air Transport Law, which applies the Montreal Convention. Under the Convention, the air carrier is liable for damage caused by delay in carrying baggage. The airline is therefore liable to the passengers even if the failure occurred at the airport.
Liability does not mean full compensation. The court weighed several factors: the delay was one day and did not unreasonably harm the holiday; the passengers had not declared valuables in advance; the equipment they bought stayed with them; and the insurer had already covered part of the loss. The court awarded ILS 800 on an estimated basis, with each side bearing its own costs given the gap between the claim and the award.
Key takeaways
- The airline is liable to you for delayed baggage, even when the failure was at the airport.
- Replacement purchases are compensated according to what was reasonable and necessary. Items you keep reduce the award.
- Keep dated receipts and note when the bag was delivered. The court checks whether purchases came before or after delivery.
- Flying with expensive gear? Ask in advance about declaring it at check-in.
- Travel insurance payouts will be deducted, so it is best to disclose them up front.
This article summarizes a published Israeli court decision in plain language and is not legal advice. Every case depends on its facts. The parties' names have been omitted. This is a first-instance decision and may be appealed.
