1. ABBREVIATIONS AND DEFINITIONS
WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
- AIRLINE DESIGNATOR CODE - means the two-characters or three letters which identify particular air carriers.
- BAGGAGE - means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
- BAGGAGE CHECK - means those portions of the Ticket which relate to the carriage of your Checked Baggage.
- BAGGAGE IDENTIFICATION TAG - means a document issued solely for identification of Checked Baggage.
- CARRIER - means an air carrier other than Air Serbia, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
- CHECKED BAGGAGE - means Baggage of which Air Serbia take custody and for which Air Serbia has issued a Baggage Check.
- CHECK-IN DEADLINE - means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
- CODE SHARE - means carriage by air which will be operated by another carrier as indicated in the ticket.
- CONDITIONS OF CONTRACT - means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference these Conditions of Carriage and notices.
- CONJUNCTION TICKET - means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
- CONVENTION - means the Montreal Convention (1999)
- COUPON - means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
- DAMAGE - includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by Air Serbia.
- DAYS - means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provide further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
- ELECTRONIC COUPON - means an electronic flight coupon or other value document held in Air Serbia database.
- ELECTRONIC TICKET - means the Itinerary / Receipt issued by Air Serbia or on Air Serbia behalf, the Electronic Coupons and, if applicable, a boarding document.
- FLIGHT COUPON - means the portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
- FORCE MAJEURE - means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
- ITINERARY/RECEIPT - means a document or documents Air Serbia issue to Passengers travelling on Electronic Tickets that contains the Passengers name, flight information and notices.
- PASSENGER - means any person, carried or to be carried in an aircraft pursuant to a Ticket.
- PASSENGER COUPON or PASSENGER RECEIPT - means the portion of the Ticket issued by Air Serbia or on Air Serbia behalf, which is so marked and which ultimately is to be retained by you.
- SDR - means a Special Drawing Right as defined by the International Monetary Fund.
- STOPOVER - means a schedule stop on your journey, at a point between the place of departure and the place of destination.
- TARIFF - means the published fares, charges and/or related Conditions of carriage of an airline filed, where required, with the appropriate authorities.
- TICKET - means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by Air Serbia or on Air Serbia behalf, and includes the Conditions of Contract, notices and Coupons.
- UNCHECKED BAGGAGE - means any of your Baggage other than Checked Baggage.
Air Serbia Conditions of Carriage apply only on those flights, or flight segments, where Air Serbia name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.
2.3 CODE SHARES
On some services, Air Serbia has arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with Air Serbia and hold a ticket where Air Serbia name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply, Air Serbia will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4 OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with Air SerbiaTariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law, the order provisions shall nevertheless remain valid.
2.5 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of carriage and any other regulations Air Serbia may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
3.1 GENERAL PROVISIONS
Air Serbia will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
A Ticket is not transferable.
Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
If you have a Ticket, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise Air Serbia and furnish evidence of such Force Majeure, Air Serbia will provide you with a credit of the non-refundable amount of the fare, for future travel on Air Serbia, subject to deduction of a reasonable administration fee.
The Ticket is and remains at all times the property of the issuing carrier.
Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by Air Serbia or Air Serbia Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.
In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request Air Serbia will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse Air Serbia for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by Air Serbia or another carrier for misuse of the Ticket. Air Serbia will not claim reimbursement from you for any such losses which result from Air Serbia own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2 PERIOD OF VALIDITY
Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs, (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for: one year from the date issue or subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations Air Serbia is unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance witharticle 10.
If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, Air Serbia may extend the period of validity until the date when you become fit to travel or unitl Air Serbia first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket the electronic coupon, involve one or more Stopovers, the validity of such ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, Air Serbia will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passengers Tickets and those of his her immediate family who are accompanying the Passenger may be likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3 COUPON SEQUENCE AND USE
The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon Air Serbia Tariff and is for the transportation as shown on the Ticket. It forms an essential part of Air Serbia contract with you. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
If you wish to change any aspect of your transportation you must contact Air Serbia in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact Air Serbia as soon as possible and Air Serbia will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
Should you change your transportation without our agreement, Air Serbia will access the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. Air Serbia will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
Some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to Air Serbia Tariff and the availability of space on the flight requested.
Please be advised that In the event you do not show up for any flight without advising Air Serbia in advance, Air Serbia may cancel your return or onward reservations. However, if you do advise Air Serbia in advance, Air Serbia will not cancel your subsequent flight reservations.
3.4 NAME AND ADDRESS CARRIER
Air Serbia name may be abbreviated to Air Serbia Airline Designator Code, or otherwise, in the Ticket. Air Serbia address shall be deemed to be the airport of departure shown opposite the first abbreviation of Air Serbia name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for Air Serbia first flight segment in the Itinerary/ Receipt.
4. FARES, TAXES, FEES AND CHARGES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with Air Serbia Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it.
4.2 TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges, which you have paid to Air Serbia at the time of Ticket issuance, are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by Air Serbia or Air Serbia Authorised Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). Air Serbia may at its discretion, accept payment in another currency.
5.1 RESERVATION REQUIREMENTS
Air Serbia or Air Serbia Authorised Agent will record your reservation(s). Upon request, Air Serbia will provide you with written confirmation of your reservation(s).
Certain fares have conditions, which limit or exclude your right to change or cancel reservations.
5.2 TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by Air Serbia or Air Serbia Authorised Agent, Air Serbia may cancel your reservation.
5.3 PERSONAL DATA
You recognise that personal data has been given to Air Serbia for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise.
Air Serbia to retain and use such data and to transmit it to Air Serbia own offices, Authorised Agents, government agencies, other carriers or the providers of the above – mentioned services.
Air Serbia will endeavour to honour advance seating requests, however, Air Serbia cannot guarantee any particular seat. Air Serbia reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5 RECONFIRMATION OF RESERVATIONS
Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits.
If you fail to reconfirm, Air Serbia may cancel your onward or return reservations. However, if you advise Air Serbia you still wish to travel, and there is space on the flight, Air Serbia will reinstate your reservations and transport you. If there is no space on the flight, Air Serbia will use reasonable efforts to transport you to your next or final destination.
You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the carrier whose code appears for the flight in question on the ticket.
5.6 CANCELLATION OF ONWARD RESERVATIONS
Please be advised that if you do not show up for any flight without advising Air Serbia in advance, Air Serbia may cancel or request cancellation of any onward or return reservations. However, if you do advise Air Serbia in advance, we will not cancel your subsequent flight reservations.
6. CHECK – IN AND BOARDING
Check-in Deadlines are different at every airport and Air Serbia recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. Air Serbia reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. Air Serbia or Air Serbia Authorised Agents will advice you of the Check-in Deadline for your first flight on Air Serbia. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for Air Serbia flights can be found in our timetable, or may be obtained from Air Serbia or Air Serbia Authorised Agents.
You must be present at the boarding gate no later than the time specified by Air Serbia when you check-in.
Air Serbia may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
Air Serbia will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
7. REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of Air Serbia discretion, Air Serbia may refuse to carry you or your Baggage if we have notified you in writing that Air Serbia would not at any time after the date of such notice carry you on it’ s flights. In this circumstance, you will be entitled to a refund. Air Serbia may also refuse to carry you or your Baggage if one or more of the following have occurred or Air Serbia reasonably believe may occur:
- Such action is necessary in order to comply with any applicable government laws, regulations, or orders;
- The carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passenger or crew;
- Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
- You have committed misconduct on a previous flight, and Air Serbia has reason to believe that such conduct may be repeated;
- You have refused to submit to a security check;
- You have not paid the applicable fare, taxes, fees or charges;
- You do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
- You present a Ticket that has been acquired unlawfully, has been purchased from an entity other than Air Serbia or Air Serbia Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;
- You have failed to comply with the requirements set above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by Air Serbia or Air Serbia Authorised Agent, or the Ticket is mutilated;
- You fail to observe Air Serbia instructions with respect to safety or security.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, passengers with reduced mobility, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with Air Serbia. Passengers with disabilities who have advised Air Serbia of any special requirements they may have at the time of ticketing, and been accepted by Air Serbia, shall not subsequently be refused carriage based on such disability or special requirements.
8.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to Air Serbia conditions and limitations, which are available upon request from Air Serbia or Air Serbia Authorised Agents and are available at GDS (Global Distribution System).
8.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from Air Serbia upon request.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
You must not include in your Baggage:
- Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations.
- Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to.
- Items, which are reasonably considered by Air Serbia to be unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which, are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
- Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations.
- Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at Air Serbia discretion, but will not be permitted in the cabin of the aircraft.
- Checked-in baggage should not include money, jewelry, precious metal, computers, personal electronic devices, stocks and bonds, securities, and other valuable items, business documents, passports, and other personal documents, and samples.
Should, despite the above ban, any of the above items be present in your baggage, Air Serbia will not be responsible for their loss or damage.
For more detailed information go to "Passenger baggage".
8.4 RIGHT TO REFUSE CARRIAGE
Air Serbia will refuse to carry as Baggage the items described above and may refuse further carriage of any such items upon discovery.
Air Serbia may refuse to carry as Baggage any item reasonably considered by Air Serbia to be unsuitable for carriage because of its size, shape, and weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
Air Serbia may refuse to accept Baggage for carriage unless it is in Air Serbia reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to Air Serbia is available upon request.
8.5 RIGHT OF SEARCH
For reasons of safety and security, Air Serbia may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described above or any firearms, ammunition or weapons, which have not been presented to Air Serbia. If you are unwilling to comply with such request, Air Serbia may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, Air Serbia shall not be liable for such Damage unless due to Air Serbia fault or negligence.
8.6 CHECKED BAGGAGE
Upon delivery to Air Serbia of your Baggage, which you wish to check Air Serbia, will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
Checked Baggage must have your name or other personal identification affixed to it.
Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless Air Serbia decide for safety, security or operational reasons to carry it on and alternative flight. If your Checked Baggage is carried on a subsequent flight, Air Serbia will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.7 UNCHECKED BAGGAGE
Air Serbia may specify maximum number and/or dimensions and/or weight for Baggage, which you bring into the aircraft cabin. If Air Serbia has not done so, Baggage, which you bring into the cabin, must fit under the seat in front of you or in the enclosed storage compartment above your seat. If you fail to comply with the above conditions, your Baggage must be carried as Checked Baggage and you may be required, where applicable, to pay a separate fee.
If the Baggage you wish to take with you into the cabin is considered unsafe for any reason, it must be carried as Checked Baggage.
Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), which do not meet the requirements above will only be accepted for carriage in the cabin compartment if you have given Air Serbia advance notice and permission has been granted by Air Serbia. You may have to pay a separate charge for this service.
8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
You are required to collect your Checked Baggage as soon as it is made available at destination or Stopover. Should you not collect it within a reasonable time, Air Serbia may charge you a storage fee. Should you Checked Baggage not be claimed within three (3) months of the time it is made available, Air Serbia may dispose of it without any liability to you.
Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, Air Serbia will deliver the Baggage to such person only on condition that he or she establishes to Air Serbia satisfaction his or her right to the Baggage.
If Air Serbia agree to carry your animals, they will be carried subject to the following conditions:
- You must ensure that animals such as dogs and cats, are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will not be accepted for carriage.
- If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.
- Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by Air Serbia, which are available on request.
- Where carriage is not subject to the liability rules of the Convention, Air Serbia are not responsible for injury to or loss, sickness or death of an animal, which Air Serbia has agreed to carry unless Air Serbia has been negligent.
- Air Serbia will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, state or territory and the person carrying the animal must reimburse Air Serbia for any fines, costs, losses or liabilities reasonably imposed or incurred by Air Serbia as a result.
9. SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
The flight times shown in timetables may change between the date of publication and the date you actually travel. Air Serbia does not guarantee them to you and they do not form part of your contract with Air Serbia.
Before Air Serbia accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide Air Serbia with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, Air Serbia make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight, which is acceptable to you, you will be entitled to a refund.
9.2 CANCELLATION, REROUTING, DELAYS, ETC.
Air Serbia will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances Air Serbia may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
Except as otherwise provided by the Convention, if Air Serbia cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, Air Serbia shall, at your option, either:
- carry you at the earliest opportunity on another of Air Serbia scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
- within a reasonable period of time re-route you to the destination shown on your Ticket by Air Serbia own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, Air Serbia shall refund the difference or make a refund.
Upon the occurrence of any of the events mentioned above, except as otherwise provided by the Convention, Air Serbia should have no further liability to you.
If Air Serbia is unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law and Air Serbia denied boarding compensation policy.
Air Serbia will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariffs, as follows:
- Except as otherwise provided, Air Serbia shall be entitled to make a refund either to the person named either in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
- If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, Air Serbia shall make a refund only to the person who paid for the Ticket, or to that person's order.
Except in the case of a lost Ticket, refunds will only be made on surrender to Air Serbia of the Ticket and all unused Flight Coupons.
10.2 INVOLUNTARY REFUNDS
If Air Serbia cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
- If no portion of the Ticket has been used, an amount equal to the fare paid;
- If a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
10.3 VOLUNTARY REFUNDS
If you are entitled to a refund of your Ticket for reasons other than involuntary refund, the amount of the refund shall be:
- If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
- If a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
10.4 REFUNDS ON LOST TICKET
If you lose your Ticket or portion of it, upon furnishing Air Serbia with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
- that the lost Ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from Air Serbia own negligence);
- that the person to whom the refund is made undertakes, in such form as may be prescribed by Air Serbia, to repay to Air Serbia the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from Air Serbia own negligence).
If Air Serbia or Air Serbia Authorised Agent loses the Ticket or portion of it, the loss shall be Air Serbia responsibility.
10.5 RIGHT TO REFUSE REFUND
Air Serbia may refuse a refund where application is made more than one year after the expiry of the validity of the Ticket.
Air Serbia refuse a refund on a Ticket, which has been presented to Air Serbia, or to Government officials, as evidence of intention to depart from that country, unless you establish to Air Serbia satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
Air Serbia reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
10.7 BY WHO TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier, which originally issued the Ticket, or by its agent if so authorised.
11. CONDUCT ABOARD AIRCRAFT
If, in Air Serbia reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behaves in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, Air Serbia may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 ELECTRONIC DEVICES
For safety reasons, Air Serbia may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
11.3 NO SMOKING FLIGHTS
All Air Serbia flights are no smoking flights.
12. ARRANGEMENTS FOR ADDITIONAL SERVICES
If Air Serbia make arrangements for you with any third party to provide any services other then carriage by air, or if Air Serbia issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so Air Serbia act only as your agent. The terms and conditions of the third party service provider will apply.
If Air Serbia is also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from Air Serbia upon request.
13. ADMINISTRATIVE FORMALITIES
You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
Air Serbia shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit Air Serbia to take and retain copies thereof. Air Serbia reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
13.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against Air Serbia by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by Air Serbia.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If Air Serbia is required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse Air Serbia on demand, any amount so paid or expenditure so incurred. Air Serbia may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in Air Serbia possession.
13.5 CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage, by customs or other Government officials. Air Serbia is not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6 SECURITY INSPECTION
You shall submit to any security checks by Governments, airport officials, Carriers or by Air Serbia.
14. SUCCESSIVE CARRIERS
Carriage to be performed by Air Serbia and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention.
15. LIABILITY FOR DAMAGE
The liability of Air Serbia and each carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
- Unless otherwise stated herein, international travel, as defined in the Montreal Convention, is subject to the liability rules of the Convention.
- Any liability Air Serbia have for damage, will be reduced by any negligence on your part which causes or contributes to the damage in accordance with applicable law.
- We are liable only for damage occurring on our own flights. If we issue a ticket or check baggage over the lines of another carrier we do so only as an agent for such other carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last carrier.
- Air Serbia will not be liable for damage to unchecked baggage unless such damage is caused by Air Serbia negligence.
- We are not liable for any damage arising from Air Serbia compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
The Air Serbia liability is determined with "Law on obligations and the Basics of Property Relations in Air Transport", which is harmonized with "Montreal Convention" and "Regulation (EC) No 889/2002".
Air Carrier liability for passengers and their baggage
- Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 128 821 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
- Advance payments
If a passenger is injured or killed, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximate amount in local currency).
- Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 5 346 SDRs (approximate amount in local currency).
- Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 288 SDRs (approximate amount in local currency).
- Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 288 SDRs (approximate amount in local currency). In the case of checked baggage, the air carrier is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
- Higher limits for baggage
If the value of baggage exceeds the applicable liability limit determined by Montreal Convention, passenger is strongly advised to fully insure it before traveling.
- Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
- Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
- Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
- The basis for the rules described above is the Montreal Convention of 28 May 1999 and "Law on obligations and the Basics of Property Relations in Air Transport".
Except where other specific provision is made in these Conditions, Air Serbia shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the Convention.
Air Serbia is not liable for any damage caused by your baggage. You shall be responsible for any damage caused by your baggage to other persons or property, including Air Serbia property.
Air Serbia shall have no liability whatsoever for damage to articles not permitted to be contained in checked baggage, including fragile or perishable items, items having a special value, such as money, jewelers, precious metals,computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
Air Serbia is not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to Air Serbia authorized agents, servants, employees and representatives to the same extent as they apply to Air Serbia. The total amount recoverable from Air Serbia and from such authorized agents, employees, representatives and persons shall not exceed the amount of Air Serbia own liability, if any.
Nothing in these Conditions of Carriage shall waive any exclusion or limitation of Air Serbia liability under the Convention or applicable laws unless otherwise expressly stated.
16. TIME LIMITATION ON CLAIMS AND ACTIONS
16.1 NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify Air Serbia as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify Air Serbia within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
16.2 LIMITATION OF ACTIONS
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
17. OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by Air Serbia. These regulations and conditions as varied from time to time are important. They concern among other things; the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages etc.
Regulations and conditions concerning these matters are available from Air Serbia upon request.