Airline Air Serbia

Air Serbia or Er Srbia in Serbian, is the national airline of Serbia. Its origins date back to Aeroput, the first national Yugoslav airline, founded in 1927. It was succeeded by JAT Yugoslav Airlines in 1947.

Reflecting its home country, Air Serbia has a turbulent history. The end of Tito's Yugoslavia was marked by several wars involving Serbia.

Facing significant difficulties in the late 1990s, JAT Airways experienced a new beginning in the 2000s. In 2013, it became Air Serbia. It is 51% owned by the Serbian state and 49% by Etihad Airways, the airline of the United Arab Emirates.

As of today, Serbia is a third country, but also a candidate for European Union membership. There is therefore a desire to comply with European regulations.

Air Serbia and European regulations

Although it applied to join the European Union in 2009, Serbia is not yet a member.

The Regulation (EC) No 261/2004 applies to EU member states as well as Switzerland, Norway, and Iceland. Although a candidate for membership, Serbia is not directly affected at present.

However, Air Serbia's official website mentions this law and incorporates it into its terms and conditions. Similarly, it refers to Serbian national law, which guarantees the same rights.

Which flights are covered by Regulation (EC) No 261/2004?

The regulation specifies its scope. It applies to:

any flight departing from the European Union, Switzerland, Norway, or Iceland
any flight departing from the European Union, Switzerland, Norway, or Iceland; any flight to these countries operated by an airline based there.

Therefore, Serbia is not directly affected, strictly speaking.

However, in the interest of harmonisation, most of the European law has been incorporated into Serbian national law. This is particularly true regarding the compensation system.

Thus, Air Serbia states it aligns with European legislation. It therefore considers flights departing from Serbia as community flights. It recognises itself, in this respect, as a European airline.

Your Rights for Air Serbia Flights

Air Serbia operates numerous routes with the European Union. You have a number of guaranteed rights, at least for departures from the European Union. These are obligations that Air Serbia must comply with.

Arriving at Your Destination

European and even international regulations guarantee you one right: arriving at your destination. If you check in on time for boarding, with the correct documents, Air Serbia must take you where you wish to go.

In the event of a flight cancellation or overbooking, they must offer you an alternative flight. If, despite their efforts, no flight suits you, you can request a refund.

If you accept, this counts as cancelling your flight. You also waive any right to care and compensation.

Being Taken Care of in Case of Disruption

Until Air Serbia has taken you to your destination, the airline must take care of you. However, if your delay is prolonged, it may incur additional costs for you.

Air Serbia must provide you with meals and drinks, within reason, or cover the cost if you purchase them at the terminal. If you have to wait until the next day for your flight, Air Serbia must also cover your accommodation expenses.

You are also entitled to two phone calls paid for by the airline.

Receiving Compensation, Subject to Conditions, in Case of Disruption

If your flight with Air Serbia is disrupted departing from the European Union, you may be eligible for compensation. This compensation would also apply to flights departing from Serbia.

This compensation is fixed and subject to conditions. You must apply for it, and it will not be automatically granted.

Amount of Compensation

The compensation amounts vary depending on the type of disruption, the flight distance, and its status (community or non-community).

In case of a delay, you are entitled to compensation, the amount of which varies according to the flight distance. This is subject to the delay time observed. The amounts are:

€250 for a flight of less than 1500 km with at least 3 hours delay
€400 for a non-community flight of 1500 to 3500 km or a community flight of more than 1500 km with at least 3 hours delay
€600 for a non-community flight of more than 3500 km with at least 4 hours delay.

No compensation is due for delays below the specified times.

In case of cancellation, it is different. There is no minimum delay time required to be eligible for compensation. However, if Air Serbia re-routes you within a reasonable time, they may reduce the compensation by 50%.

Finally, if they deny you boarding due to overbooking, they must not only re-route you but also compensate you. The compensation will be calculated using the same scale as for a flight cancellation.

The Exceptions

If the disruption is not their fault or if it was unforeseeable, Air Serbia will not be required to compensate you. Thus, Regulation (EC) No 261/2004 excludes certain situations from the right to compensation:

if they informed you at least 15 days in advance
if they re-route you at the same times as originally planned
in case of extraordinary circumstances (strike, risky situation, bad weather, etc.).

Extraordinary circumstances are assessed on a case-by-case basis. A risky situation, for example, may be attributable to the airline (technical problem on an aircraft). Similarly, a strike is only valid if it occurs outside the airline. If Air Serbia staff go on strike, the airline remains responsible and must compensate you.

Want to Claim Compensation from Air Serbia? Delayed Can Assist You

Despite a very clear intention from Air Serbia and the Serbian authorities to align with European legislation, your rights with this airline are not always very clear.

If you have experienced a delay, cancellation, or overbooking, Delayed can assist you with your claim.