Your Rights in Case of Airline Flight Delays – Claim Compensation with the Help of Attorneys in Belgrade

How is compensation regulated in air travel?

The Law on Obligations and Basics of Property Relations in Air Traffic regulates issues related to compensation in air travel.

Both the European Union and Serbia, as a signatory of a multilateral agreement, apply Regulation EC-261/2004, which has general applicability. This regulation is directly applicable in all EU member states and is also valid in Serbia due to the establishment of the Common European Aviation Area.

Mechanisms for protecting passengers' rights are provided by regulations in situations such as:

1. Denial of boarding against the passenger's will
2. Flight cancellations
3. Flight delays

Airline carrier obligations in such situations:

In the mentioned situations, the airline carrier is obligated to provide assistance and possible compensation to passengers. Assistance can be provided in various ways, including:

1. Compensation for the total value of the airline ticket
2. Rerouting to the final destination at the earliest opportunity
3. Rerouting for a later date, if acceptable to the passenger, depending on the availability of seats

What does providing assistance to passengers include?

Assisting passengers involves provisions such as meals, beverages, hotel accommodation (when staying one or more nights), two telephone calls or messages, etc.

Do passengers have the right to compensation?

In cases of denial of boarding, cancellations, or delays exceeding three hours, the airline carrier is obligated to compensate passengers and provide assistance. Passenger rights to compensation are defined in accordance with Regulation EC/261/2004, covering:

• 250 EUR for flights of 1500 km or less
• 400 EUR for flights within the EU over 1500 km and for all other flights between 1500 km and 3500 km
• 600 EUR for all other flights

Methods of compensation payment:

Compensation can be paid in various ways, including cash, bank transfer, bank draft, checks, or, with the passenger's written consent, travel vouchers and/or other services. It is essential to note that in certain situations, the airline may reduce the amount of compensation by 50%, such as offering an alternative flight arriving up to 2 hours later than initially planned.

Passenger rights in case of flight delays:

Flight delays are a common issue in air travel. If the airline anticipates a delay of two hours or more for flights over 1500 km, passengers are entitled to meals, refreshing beverages, and two telephone calls or messages.

If the expected departure time is at least one day after the initially announced time, the airline must provide hotel accommodation and transportation to the accommodation. In the case of delays of at least three hours, passengers have the same rights as in the event of flight cancellations, as confirmed by the practice of the International Court of Justice of the EU.

Extraordinary circumstances and airline carrier liability:

The airline carrier is not obliged to pay compensation if it can prove that the flight was canceled due to extraordinary circumstances that could not be avoided, despite reasonable measures taken.

Extraordinary circumstances include adverse weather conditions (storms, hail, poor visibility), strikes by airport staff, bird strikes, air traffic control instructions, political and/or civil unrest. 

Technical faults are not considered extraordinary circumstances, as aircraft maintenance is part of the responsibilities and obligations of airline companies. It is important to note that even in the presence of extraordinary circumstances, the airline must cover the costs of food and drinks for passengers whose flights are delayed.

Loss or damaged baggage:

The increasing frequency of baggage loss at our airports poses challenges for passengers. If irregularities are noticed, the following documents are required to file a claim:

1. Airline ticket
2. Checked baggage receipt
3. Boarding pass

It is crucial to report the loss of baggage immediately. The airline has a 21-day period to locate the baggage, and if unsuccessful, passengers have the right to compensation. The list of items in the suitcase is crucial for determining the amount of compensation. When submitting a claim, keep in mind that airlines have Terms of Travel that regulate baggage issues, including prohibited items such as jewelry, money, or electronics.

Damaged baggage:

If you receive damaged baggage, you can also file a compensation claim within the next 7 days.

Feel free to reach out to our law firm in Belgrade for additional information and legal support regarding your rights as a passenger. Our compensation attorneys will assist you in obtaining fair compensation and protecting your interests.