Notice on passenger rights in the event of denied boarding and of cancellation or long delay of flights

Pursuant to the provisions of Article 14 of Regulation (EC) No 261/2004 and Article 19 of the Serbian Law on Obligations and the Basics of Property Relations in Air Transport, Air SERBIA has printed this Notice defining your rights in the event of denied boarding and of cancellation or long delay of flights, and informing you to whom you should address your claims in the event you are denied these rights.

This notice will provide general information about Regulation (EC) 261/2004, which is incorporated in the Serbian Law on Obligations and the Basics of Property Relations in Air Transport establishing common rules on compensation and assistance to guests in the event of denied boarding and of cancellation or long delay of flights.

The provisions on guest rights will apply if:

  • you are traveling from an airport located in the territory of a country that is signatory to the ECAA agreement and to which the ECAA agreement applies or from an airport located in a third country to an airport situated in the ECAA area provided you have not already received benefits or compensation or were given assistance in that third country and if the operating air carrier for that flight is Air SERBIA;

  • you have a confirmed reservation on the flight concerned;

  • you present yourself for check-in (unless the flight is cancelled): as stipulated and at the time indicated in advance and in writing (including by electronic means) by Air SERBIA, the tour operator or an authorized travel agent, or if no time is indicated, at least 45 minutes before the published departure time;

  • you have been transferred by Air SERBIA or tour operator from the flight for which you held a reservation to another flight, irrespective of the reason;

  • your ticket is issued under "Air SERBIA Etihad Guest“ loyalty program or other commercial program by Air SERBIA or tour operator.

The provisions on guest rights will not apply if you are traveling free of charge or at a reduced fare which is not directly or indirectly available to the public.

Air SERBIA, as operating carrier, will pay particular attention to the needs of persons with reduced mobility and their escorts as well as to the needs of unaccompanied children.

Denied boarding means that you have not been allowed to board the aircraft despite having duly checked in for the flight with a confirmed reservation and within the check-in deadline, unless boarding was denied for justified reasons of health, safety, security, or non-possession of an appropriate travel document.

When we have reason to expect denied boarding we will first call for volunteers to surrender their reservation in exchange for benefits under conditions to be agreed between the guest concerned and us. Volunteers are also given the right to choose between right to reimbursement or re-routing.

In the event no volunteers come forward to allow the remaining guests with reservations to board the flight, Air SERBIA may deny boarding to guests against their will. If we opt for involuntary denied boarding, we will:

  • pay compensation as follows: €250 for flights up to 1,500 km, €400 for flights from 1,500 km to 3,500 km, €600 for flights over 3,500 km. If we offer to reroute your trip to the final destination by an alternative flight, this compensation may be reduced by 50% if the time of arrival of the alternative flight does not exceed the scheduled arrival time of the originally booked flight: by two hours for flights up to 1,500 km, by three hours for flights between 1,500 km and 3,500 km, by four hours for flights over 3,500 km. Distance is determined on the basis of the final destination to which, due to denied boarding, you will arrive later than the scheduled time of the originally booked flight. Please bear in mind that Air SERBIA will not be able to pay the designated compensation on the spot. You should send a claim for damages to our Guest Support department. The approved compensation will be paid to you by EMD voucher (Electronic Miscellaneous Document) or by electronic bank transfer, depending on your choice

  • offer you the choice between reimbursement or re-routing

    • reimbursement: within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity

    • rerouting: under similar terms of transport, to your final destination at the earliest opportunity or re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats. In cases when a town, city or region has more than one airport and Air SERBIA offers you a flight to an airport alternative to that for which the booking was made, Air SERBIA will cover the costs of your transport from the alternative airport either to that for which the booking was made, or to another close-by destination agreed with you

  • provide complimentary benefits as follows: free of charge meals and refreshments proportionate to the waiting time, free of charge two telephone calls, telex or fax messages, or e-mails, free of charge hotel accommodation in cases where stay of one or more nights becomes necessary or where a stay additional to that intended by you becomes necessary, free of charge transport from/to airport to/from place of accommodation (hotel or other)

When we have reason to expect a flight will depart later than the scheduled time of departure, for two or more hours, for flights up to 1,500 km, for three or more hours, for flights between 1,500 km and 3,500 km, for four or more hours, for flights over 3,500 km you will be entitled to complimentary benefits as follows:

  • free of charge meals and refreshments proportionate to the waiting time

  • free of charge two telephone calls, telex or fax messages, or e-mails

When the reasonably expected time of departure is at least the day after the time of departure previously announced, you will be offered:

  • free of charge hotel accommodation in cases where stay of one or more nights becomes necessary or where a stay additional to that intended by you becomes necessary

  • free of charge transport from/to airport to/from place of accommodation (hotel or other)

If your flight is delayed at least five hours beyond the scheduled time of operation, for all flights (up to 1,500 km, between 1,500 km and 3,500 km, over 3,500), you have right to reimbursement within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity.

If a flight for which you have a confirmed reservation is cancelled, we will:

  • offer you the choice between reimbursement or re-routing

    • reimbursement: within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant

    • rerouting, under similar terms of transport, to your final destination at the earliest opportunity; or re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats. In cases when a town, city or region has more than one airport and Air SERBIA offers you a flight to an airport alternative to that for which the booking was made, Air SERBIA will cover the costs of your transport from the alternative airport either to that for which the booking was made, or to another close-by destination agreed with you

  • provide complimentary benefits as follows: free of charge meals and refreshments proportionate to the waiting time; free of charge two telephone calls, telex or fax messages, or e-mails; in the event of rerouting when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight we will offer you free of charge hotel accommodation in cases where stay of one or more nights becomes necessary or where a stay additional to that intended by you becomes necessary; free of charge transport from/to airport to/from place of accommodation (hotel or other)

  • pay compensation as follows: €250 for flights up to 1,500 km, €400 for flights from 1,500 km to 3,500 km, €600 for flights over 3,500 km. If we offer to reroute your trip to the final destination by an alternative flight, this compensation may be reduced by 50% if the time of arrival of the alternative flight does not exceed the scheduled arrival time of the originally booked flight: by two hours for flights up to 1,500 km, by three hours for flights between 1,500 km and 3,500 km, by four hours for flights over 3,500 km. Distance is determined on the basis of the final destination to which, due to cancellation, you will arrive later than the scheduled time of the originally booked flight. Please note that Air SERBIA will not be able to pay the designated compensation on the spot. You should send a claim for damages to our Guest Support department. The approved compensation will be paid to you by EMD voucher (Electronic Miscellaneous Document) or by electronic bank transfer, depending on your choice.

Please bear in mind that compensation will not be paid to you if:

  • you were notified of the flight cancellation at least two weeks before the scheduled time of departure or

  • you were notified of the flight cancellation between two weeks and seven days before the scheduled time of departure and if you were offered re-routing enabling you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival or

  • you were notified of the flight cancellation less than seven days before the scheduled time of departure and were offered re-routing enabling you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival or

  • Air SERBIA can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken

If we place you, against your will, in a class lower than that for which the ticket was purchased, you will be entitled to compensation of costs which shall be determined by applying the prescribed percentage on the relevant ticket price. The height of the applied percentage will depend on flight distance.

Your claims

If you believe you have justified grounds for a claim due to denied boarding or cancellation or long delay of flights or downgrading, you should submit us claim no later than 90 days after the flight was performed or when it should be performed:

Should you receive no reply from Guest Support within 60 days of submission of your claim with complete documentation necessary for complaint or if you received reply within prescribed deadline, but you believe the response to your claim is not in compliance with valid regulations, you can turn to the competent inspector at the Civil Aviation Directorate of the Republic of Serbia at the following address:

  • by e-mail: reklamacijeputnika@cad.gov.rs

  • by mail: Civil Aviation Directorate of the Republic of Serbia, Скадарска 23, 11000 Belgrade, Serbia

If you need to contact the national bodies in the EC regarding protection of guest rights in the event of denied boarding, or flight cancellation or delay, you can find contact data at the following web address