their next reply
We have again reviewed your request for cash compensation and found that we complied with all the applicable regulations at the time of your flight.
I understand that the cancellation was, at best, very frustrating and truly regret you were disappointed. Please let me explain why cash compensation is not applicable under the Israeli Air Passenger Law. Because all routine preventative maintenance actions were performed on the aircraft as scheduled, and the cancellation could not have been reasonably predicted or avoided, the event is considered force majeure and exclusionary to the mandatory compensation rules.
Please know that our legal department carefully reviews each of these matters with our system and technical operations groups to ensure we are in full compliance with the appropriate legal standards. Although the cause of the irregularity was extraordinary and unable to be avoided, we did what we could to minimize it, and have nothing further to advise at this point.
Here's what I would do:
Download the English Version of the law from ELAL'S website (which I linked to above) and attach it to your email.
Point out to the that the language of the law DOES NOT make an exception based on a statement that "all routine preventative maintenance actions were performed on the aircraft as scheduled" and places the burden of proof on the airline to show that "(1) the flight has been canceled due to special
circumstances which were not under its control, and even if It would have done
whatever was under its control - it could not have prevented the cancelation due to those circumstances;" and does not put any limitations on the term whatever to limit it to solely scheduled maintenance (which is at this point only alleged by the airline and not proved).
Based on that, you expect payment to be made within the time frame provided by the law.
What do others think?
