Compensation for Damages from an Airline Due to Flight Delay
You have been planning your trip for a long time, and then you arrive at the airport only to find out that your flight is delayed by hours or has been cancelled. Most passengers think they have no recourse against the airline, althoughthe law provides otherwise. In many cases, passengers are entitled tofinancial compensation, regardless of whether they purchased a cheap or expensive ticket.
What rights do you have in case of flight delay or cancellation?
Passenger rights in air transport in Serbia are governed by the Law on Obligations and Fundamentals of Property-Law Relations in Air Transport, which is harmonised with European regulations. This means that passengers are entitled to protection when flying with a domestic airline, not only with foreign carriers.
Depending on how long the flight is delayed, the passenger is entitled to:
food and refreshments, proportionate to the waiting time,
two free telephone calls or emails,
accommodation in a hotel and transport to it, if the delay is so long that overnight stay is necessary,
financial compensation, if the flight was delayed long enough or was cancelled without timely notice.
If the flight iscancelled, the passenger chooses between a refund of the ticket price and rerouting to another flight, and in addition, under certain conditions, is entitled to compensation for damages.
What is the amount of compensation and what does it depend on?
The amount of compensation depends primarily on theflight distance, not on the ticket price:
250 euros – flights up to 1,500 km,
400 euros – flights from 1,500 to 3,500 km,
600 euros – flights longer than 3,500 km.
Compensation is usually granted when the delay at the destination exceeds several hours, and in the case of a cancelled flight it depends on how far in advance the passenger was notified of the cancellation. The airline may be released from the obligation to pay if it proves that the delay or cancellation occurred due toextraordinary circumstances which it could not have avoided even with all reasonable measures – for example, due to severe weather conditions or security risks. According to case law, a technical defect of the aircraft is usuallynot considered an extraordinary circumstance that releases the carrier from liability.
How and where is a claim for compensation submitted?
The procedure usually follows several steps:
Preserve evidence – the ticket, boarding pass, confirmation of flight delay or cancellation, receipts for food and accommodation.
Submit a complaint to the airline, in writing, with a request for a specific amount of compensation.
If the carrier refuses the claim or does not respond within a reasonable period, you may contact theDirectorate of Civil Aviation of Serbia, which supervises the application of regulations on passenger rights.
If that does not lead to a resolution, compensation may be obtained througha lawsuit before the competent court.
The claim is subject to the statute of limitations, so you should not delay filing – the sooner you initiate proceedings, the greater the chance of gathering all necessary evidence.
Why do you need an attorney?
Airlines often reject claims outright or invoke 'extraordinary circumstances' even when they do not exist, counting on the passenger not to insist. An attorney helps you to:
verify whether your case actually meets the conditions for compensation,
draft a properly reasoned complaint that is harder to refuse,
verify whether the carrier can actually invoke extraordinary circumstances,
represent you in proceedings before the Directorate of Civil Aviation or before the court.
In most cases, these involve clear, standardised amounts of compensation, so the dispute is often quick and predictable when conducted in the proper manner.
Law Office Miković-Bosilj Pančevo – assistance in collecting compensation from airlines
If your flight was delayed or cancelled, and the airline refuses to pay compensation or does not respond to your claim at all, do not give up your right.Contact us to verify whether you meet the conditions for compensation and to take over further communication with the carrier.