The alignment of Serbia’s regulatory framework with EU standards has brought about significant changes in the country's aviation industry, particularly in the domain of air passenger rights. Law on Obligations and the Basics of Property Relations in Air Transport (hereafter the Law) has become a key component in ensuring the fair treatment and protection of air travelers within the EU zone.
All airlines travelling from the EU zone (including Norway, Iceland, Switzerland and the UK) are obliged to provide certain rights to their passengers under EC Regulation 261 and Regulation UK-261 in cases of flight cancellations, delays or denied boardings.
However, EC261 and UK261 don't apply to the flights which depart from Serbia. And for such flights, the Serbian Air Passenger Regulation takes effect.
Here's what you need to know about who is covered under Law on Obligations and the Basics of Property Relations in Air Transport:
Important Note: If you're flying from a country outside the ECAA area to Serbia, you can still claim compensation if the airline operating the flight is based in one of the ECAA signatory countries.
It is important to remember the following points:
According to Serbian Regulation, when you file a flight delay compensation or a flight cancellation refund, you are entitled to get the following:
The distance travelled by the carriers is determined based on the final destination for which the flights got delayed or cancelled or you were denied boarding, leading to arrivals later than your scheduled time.
When passengers are offered re-routing to their final destination on an alternative flight in accordance with Article 13 of this Law, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by:
The airlines will pay for your flight delay compensation and flight cancellation refund using cash, electronic bank transfer, bank orders or cheques, or with signed agreements of passengers in vouchers or similar services.
If your flight is flying to and from Serbia and the airline expects a delay in the time of scheduled departure for:
The airline service provider must offer you the following:
Additionally, if the expected take-off time goes beyond one day's time of original departure, the airline will also offer you the following:
Suppose your flight with any airline with a confirmed reservation gets cancelled. In that case, the authorities must offer you a choice between a refund, re-routing, or an alternate flight, as per the guidelines stated in Serbian Air Passenger Rights Regulation.
Additionally, same law says if you opt for reimbursement, you will get your refund for the full cost of your ticket within seven days for the travel uncovered or if the alternate flight fails to align with your plans.
If you choose to go for re-routing, airlines must help you reach your destination as soon as possible by providing you with an alternative flight or other comparable transportation facilities on any date convenient. If your destination has more than one airport, carrier services will look for flights for those airports and transfer your booking free of charge, according to Right to Reimbursement or Re-routing under Serbian Air Passenger Rights Regulation.
In addition to the above, airlines should also provide you with the benefits mentioned in Serbian Air Passenger Rights Regulation.
Besides, you will get compensation in the following manner:
Notification | Announcement of Alternative Flight | Compensation Applicable |
---|---|---|
Before seven days in advance | Departs before one hour or Arrives later than two hours | Yes |
7-14 days in advance | Departs before two hours or Arrives later than four hours | Yes |
Prior to 14 days | - | Yes |
There are several exceptions to flight delay compensation. The airlines have the right to deny your claim if:
According to Serbian Air Passenger Rights Regulation, the operating air carrier shall ensure that at check-in, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: 'If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.'
An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Law. It should also provide each passenger affected by a delay of at least two hours with an equivalent notice.
The contact details of the national designated body in front of which he can claim its rights shall also be given to the passenger in written form.