Thousands of Israelis purchased tickets for Arkia's direct flights to Tokyo, but the airline sold them even before receiving approval from authorities in Japan. As reported, Arkia announced last week the cancellation of the route to the Land of the Rising Sun, as reported here, and on Wednesday the company urged ticket holders to decide within 12 hours whether they wanted an alternative flight on another airline with a layover or to receive a financial refund. A representative on behalf of Arkia explained: "It is impossible to hold seats forever." However, there are those for whom both alternatives are insufficient. This emerges from a class-action lawsuit application filed on Sunday against Arkia in the Central District Court.
In the class-action application, which exceeds NIS 2.5 million, it is alleged that Arkia sold thousands of tickets for flights that had not received approval from Japanese authorities without disclosing this to its customers, subsequently leaving them to deal on their own with the cancellation of vacations planned months in advance. The company offered an alternative, as noted, but the lawsuit also addresses the manner of its conduct.
"This is one of the most cynical and improper examples by a commercial company that we have encountered," claimed lawyers Adam Levin, Yonatan Rapaport, and Roi Biton, who submitted the application. According to them, Arkia decided to involve its customers in an "experiment" without informing them: "First they sell tickets, and only afterward check whether there is approval to fly the passengers."
The direct route to Japan was canceled after months of anticipation
Arkia announced the launch of the direct route to Japan in June, intended to compete with El Al flights. However, according to the application, the company had not yet received approval to operate it using wet-leased aircraft - an arrangement in which an airline leases an aircraft from another airline along with the flight crew, flight attendants, maintenance, and insurance.
On Monday of last week, October 12, Arkia announced the cancellation of four flights, and three days later, on October 15, announced the cancellation of the entire route. The company explained to customers that despite its efforts, authorities in Japan were not permitting the operation of flights in the planned format.
Moshe Deri from Herzliya, whose name appears in the application, claims that he purchased two tickets to Tokyo in September for himself and his partner at a price of $1,728 per ticket. According to him, when he contacted customer service to inquire whether the flight would take place, he was initially told that "the flight is departing as usual." Only after he insisted on checking whether approvals had been received did a representative reply to him: "Currently there is still no approval for Japan flights!"
Subsequently, he was offered an alternative flight with a layover that would last about 24 hours, instead of a direct flight of 10 to 11 hours. He was forced to purchase tickets on El Al at a price of $2,790 per ticket and change the dates of his vacation. The application claims that Arkia's conduct "displays complete and absolute contempt for passenger rights."
12 hours to decide: An alternative flight or a refund
Deri is not the only one dissatisfied with the solution. Last Wednesday, another passenger whose flight to Tokyo was canceled contacted Walla to complain about a notice he received from Arkia stating that he had to choose within 12 hours how he wished to proceed.
According to him, the company is not entitled to decide on his behalf that if he does not reply in time, he will receive a monetary refund instead of an alternative flight, as well as the compensation he claims he is entitled to.
Arkia explained to Walla: "We believed that 12 hours was sufficient time to make a decision on how to act. In the end, for a customer who asks to receive an alternative, we need to find an alternative on another airline, find seats, and we hold the seats. It is impossible to hold them forever."
The class-action application, which has not yet been decided, seeks to require Arkia to compensate passengers for their financial damages, inconvenience, and mental distress, as well as for the alleged violation of their rights under the Aviation Services Law. The personal damage of the passenger who submitted the application was set at this stage at NIS 5,796.
Arkia stated in response: "The class-action lawsuit has not yet been received by the company. Upon receipt, Arkia will study its details and address it accordingly. Alongside this, the company utterly rejects the claims raised in it, and has acted and will continue to act in accordance with the required procedures and instructions. Arkia continues to work with the relevant parties and hopes to operate flights to Japan soon."