Republic of Serbia
The rights of passengers in the event of denied boarding, cancellation and delay of flights in Serbia are governed by the Law on Obligations and the Basics of Property Relations in Air Transport (Official Gazette of the RS Nos. 87/2011, 66/2015 and 96/2025). The law transposes the rules of Regulation (EC) No 261/2004 on denied boarding, cancellation and delay of flights, as part of the harmonisation of Serbian law with the European rules on air transport. Only the provisions on passenger rights and complaints are published here.
The rights do not apply to passengers travelling free of charge or at a reduced fare not available to the public. They do apply, however, to tickets issued under frequent flyer programmes.
The amounts are paid in the dinar equivalent at the middle exchange rate of the National Bank of Serbia on the day of payment or, in a court dispute, on the day the court decision becomes final.
The right to compensation arises in the event of denied boarding against the passenger’s will and in the event of cancellation. The conditions and exceptions are set out in the relevant articles of the law. The carrier may reduce the compensation by half if it offers re-routing that brings the passenger to the destination within 2, 3 or 4 hours of the scheduled arrival, depending on the distance.
In the event of delay, the law gives a right to care - meals and refreshments, hotel accommodation and transport to it - and, for a delay of at least 5 hours, also a right to reimbursement of the ticket price and, where relevant, a return flight to the first point of departure. The provision on delay (Article 11) does not refer to compensation under Article 12, so the law itself does not provide for the fixed compensation of €250, €400 or €600 on the grounds of delay alone.
The Civil Aviation Directorate of the Republic of Serbia nevertheless accepts in its answers to frequently asked questions that a passenger arriving at the final destination 3 or more hours late may be entitled to compensation, unless the delay was caused by extraordinary circumstances.
The complaint under this procedure, the report to the Directorate and the court action concern flights from an airport in Serbia and flights from a country outside the ECAA to Serbia operated by a carrier from a party to the Agreement (Articles 20 and 97).
Below are the provisions of the law on passenger rights in the event of denied boarding, cancellation and delay of flights (Articles 8-20) and on complaints (Article 97). The law also contains other rules on air transport that are not included here.
Note on the translation. The official text is in Serbian. The translation is by Aeroisk, based on the current consolidated version. Omitted parts of the law are marked with “(…)”.
(Zakon o obligacionim i osnovama svojinsko-pravnih odnosa u vazdušnom saobraćaju)
(Official Gazette of the RS Nos. 87/2011, 66/2015 and 96/2025)
(…)
b) Passenger rights in the event of denied boarding, cancellation and delay of flights
Minimum passenger rights
Article 8
In accordance with ratified international agreements and under the conditions laid down in this Law, passengers shall be guaranteed minimum rights in the event of:
1) denied boarding against the passenger’s will;
2) cancellation of the flight;
3) delay of the flight.
The rights guaranteed to passengers in the cases referred to in paragraph 1 of this Article shall apply to:
1) passengers departing from an airport located in the territory of a party to the ECAA Agreement to which the ECAA Agreement applies (hereinafter: the “ECAA area”);
2) passengers departing from an airport located in a third country to an airport in the ECAA area, unless they received benefits, compensation or assistance in that third country, if the operating air carrier of the flight concerned is a carrier from a party to the ECAA Agreement.
Paragraph 2 of this Article shall apply provided that passengers meet the following conditions:
1) they have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 10 of this Law, present themselves for check-in at the passenger check-in point:
(1) at the time stipulated in advance and in writing or electronically in the ticket by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated,
(2) not later than 45 minutes before the published departure time;
2) the air carrier or tour operator has transferred them from the flight for which they held a reservation to another flight, irrespective of the reason.
Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public shall not be entitled to compensation and assistance.
Passengers whose ticket was issued under a frequent flyer programme or another commercial programme of the air carrier or tour operator shall be entitled to compensation and assistance.
Only passengers transported by powered aircraft shall be entitled to compensation and assistance.
Compensation and assistance shall be provided by every operating air carrier transporting the passengers referred to in paragraphs 2 and 3 of this Article. Where an air carrier that has no contract with the passenger performs the obligations under Articles 8-20 of this Law, it shall be regarded as doing so on behalf of the person who has a contract with the passenger.
The provisions of Articles 8-20 of this Law shall not affect passenger rights under the regulations governing the rights and obligations in package travel.
The provisions of Articles 8-20 of this Law shall not apply where a package tour is cancelled for reasons other than cancellation of the flight.
Denied boarding
Article 9
When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions agreed between those passengers and the operating air carrier.
In addition to the benefits referred to in paragraph 1 of this Article, volunteers shall be entitled to assistance under Article 13 of this Law.
If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may deny boarding to passengers against their will.
The operating air carrier shall immediately pay compensation in accordance with Article 12 of this Law to passengers denied boarding against their will and provide them with assistance under Articles 13 and 14 of this Law.
Cancellation of a flight
Article 10
In the event of cancellation of a flight, passengers shall be entitled to:
1) assistance from the operating air carrier under Article 13 of this Law;
2) assistance from the operating air carrier under Article 14, paragraph 1, item 1 and paragraph 2 of this Law, and assistance under Article 14, paragraph 1, items 2 and 3 of this Law in the event of re-routing when the reasonably expected time of departure of the new flight is at least one day after the departure that was planned for the cancelled flight;
3) compensation from the operating air carrier in accordance with Article 12 of this Law, unless:
(1) the passengers are informed of the cancellation at least two weeks before the scheduled time of departure,
(2) the passengers are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival,
(3) the passengers are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
When passengers are informed of the cancellation, they shall also be informed of possible alternative transport.
The operating air carrier shall not be obliged to pay compensation in accordance with Article 12 of this Law if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The burden of proof concerning whether and when the passenger was informed of the cancellation of the flight shall rest with the operating air carrier.
Delay of a flight
Article 11
When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
1) by two hours or more - for flights of 1,500 km or less;
2) by three hours or more - for flights within the ECAA area of between 1,500 and 3,500 km;
3) by four hours or more - for all flights not falling under items 1 or 2 of this paragraph,
the operating air carrier shall offer passengers:
(1) assistance under Article 14, paragraph 1, item 1 and paragraph 2 of this Law,
(2) assistance under Article 14, paragraph 1, items 2 and 3 of this Law, when the reasonably expected time of departure is at least one day after the time of departure previously announced,
(3) assistance under Article 13, paragraph 1, item 1 of this Law, when the delay is at least five hours.
In any event, the assistance shall be offered to passengers within the time limits set out in paragraph 1 of this Article with respect to each distance bracket.
Right to compensation
Article 12
Where reference is made to this Article in this Law, passengers shall receive compensation amounting to:
1) EUR 250 (in the dinar equivalent) - for flights of 1,500 km or less;
2) EUR 400 (in the dinar equivalent) - for flights within the ECAA area of more than 1,500 km and for all other flights between 1,500 and 3,500 km;
3) EUR 600 (in the dinar equivalent) - for flights not falling under items 1 and 2 of this paragraph.
In determining the distance referred to in paragraph 1 of this Article, the basis shall be the final destination at which the passenger will arrive after the scheduled time of arrival because of the denied boarding or cancellation.
When passengers are offered re-routing to their final destination on an alternative flight in accordance with Article 13 of this Law, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked:
1) by two hours - for flights of 1,500 km or less, or
2) by three hours - for flights within the ECAA area of more than 1,500 km and for all other flights between 1,500 and 3,500 km, or
3) by four hours - for flights not falling under items 1 and 2 of this paragraph,
the air carrier may reduce the compensation referred to in paragraph 1 of this Article by 50%.
The compensation referred to in paragraph 1 of this Article shall be paid in cash, by electronic bank transfer, by bank transfer to an account, by cheque or, with the signed agreement of the passenger, in travel vouchers and/or other services.
The distances referred to in paragraphs 1 and 3 of this Article shall be measured by the great circle route method.
Euros shall be converted into dinars at the middle exchange rate of the National Bank of Serbia applicable on the day of payment or, if a court dispute has been initiated concerning the right to compensation, on the day the court decision becomes final.
Right to reimbursement or re-routing
Article 13
Where reference is made to this Article in this Law, passengers shall be offered the choice between:
1) - reimbursement within seven days, by the means provided for in Article 12, paragraph 4 of this Law, 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 the passenger’s original travel plan, together with, when relevant,
- a return flight to the first point of departure, at the earliest opportunity;
2) re-routing, under comparable transport conditions, to the final destination at the earliest opportunity;
3) re-routing, under comparable transport conditions, to the final destination at a later date at the passenger’s convenience, subject to availability of seats.
Paragraph 1, item 1 of this Article shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under the special regulation governing the rights and obligations in package travel.
When, in the case where a town, city or region is served by several airports, the operating air carrier offers a passenger a flight to an alternative airport to the one for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to the airport for which the booking was made or to another close-by destination agreed with the passenger.
Right to care
Article 14
Where reference is made to this Article in this Law, passengers shall be offered free of charge:
1) meals and refreshments in a reasonable relation to the waiting time;
2) hotel accommodation:
(1) in cases where a stay of one or more nights becomes necessary,
(2) where a stay additional to that intended by the passenger becomes necessary;
3) transport between the airport and the place of accommodation (hotel or other).
In addition to the rights referred to in paragraph 1 of this Article, passengers shall be offered free of charge two telephone calls or two telex, fax or e-mail messages.
The operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
Upgrading and downgrading
Article 15
If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 12, paragraph 4 of this Law, reimburse:
1) 30% of the price of the ticket - for flights of 1,500 km or less;
2) 50% of the price of the ticket - for flights within the ECAA area of more than 1,500 km and for all other flights between 1,500 and 3,500 km;
3) 75% of the price of the ticket - for flights not falling under items 1 and 2 of this paragraph.
Persons with reduced mobility or special needs
Article 16
Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified assistance dogs accompanying them, as well as unaccompanied children.
In cases of denied boarding, cancellation or delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 14 of this Law as soon as possible.
The rights of persons with reduced mobility or special needs in the event of denied boarding, cancellation or delay of a flight are regulated in more detail in Articles 37-51 of this Law.
The detailed rights of disabled persons and persons with reduced mobility are regulated separately in Articles 37-50 of the law and are not included in this extract.
Further compensation
Article 17
Passengers shall be entitled to further compensation provided for in special regulations. The compensation paid to the passenger under Article 12 of this Law may be deducted from that further compensation.
Paragraph 1 of this Article shall not apply to passengers who have voluntarily surrendered a reservation under Article 9, paragraph 1 of this Law.
Right of redress
Article 18
Where an operating air carrier pays compensation or meets other obligations related to it under this Law, no provision of this Law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable regulations.
This Law shall not restrict the right of the operating air carrier to seek reimbursement from a tour operator or another person with whom it has a contract.
Nothing in this Law shall restrict the right of a tour operator or a third party, other than a passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with the applicable regulations.
Obligation to inform passengers of their rights
Article 19
The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.”
An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for exercising the right to compensation and assistance under this Law. The operating air carrier shall also provide this notice to each passenger affected by a delay of at least two hours.
The contact details of the competent body before which the passenger may exercise his or her rights shall also be given to the passenger in written form.
In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.
Exclusion of waiver and protection of passenger rights
Article 20
The rights of passengers under Articles 8-19 of this Law may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.
Where a passenger’s right under Articles 8-19 of this Law has been infringed, in respect of flights departing from an airport in the territory of the Republic of Serbia or from an airport of a country not referred to in Article 8, paragraph 2, item 1 of this Law, provided that the final destination is an airport in the territory of the Republic of Serbia and the flight is operated by an air carrier from a party to the ECAA Agreement, the passenger may exercise his or her rights by a complaint to the air carrier in accordance with Article 97 of this Law or by an action before the competent court.
If a derogation or restrictive clause of the contract of carriage is applied in respect of a passenger, or if the passenger is not correctly informed of his or her rights and for that reason accepts compensation lower than that provided for in this Law, the passenger shall be entitled to take the necessary proceedings before the competent court or other body in order to obtain additional compensation.
(…)
6. Complaints
Submission of a complaint
Article 97
A passenger who considers that any of his or her rights under this Law in the event of denied boarding, cancellation and delay of flights has been infringed shall submit a complaint to the air carrier in writing.
A disabled person or a person with reduced mobility who considers that any of the rights provided for in this Law have been infringed may submit a complaint in writing to the air carrier or to the body managing the airport, as the case may be, enclosing the relevant evidence.
At the time of booking, the air carrier or tour operator shall inform the passenger of the procedure for submitting complaints referred to in paragraphs 1 and 2 of this Article and of the relevant contact addresses to which they are sent, including electronic means of submission.
The complaint referred to in paragraphs 1 and 2 of this Article shall be submitted no later than 90 days from the day on which the flight was operated or should have been operated.
If, within 60 days of the day of receipt of the complete documentation required for the complaint, the air carrier or the body managing the airport does not uphold the complaint referred to in paragraphs 1 and 2 of this Article or does not reply to it, the complainant shall be entitled to report an infringement of this Law to the Civil Aviation Directorate of the Republic of Serbia (hereinafter: the “Directorate”).
Regardless of the rights referred to in paragraphs 1 and 2 of this Article, the passenger, the disabled person or the person with reduced mobility shall be entitled to protect his or her rights by an action before the competent court.
(…)
Source: consolidated text of the law published by the Civil Aviation Directorate of the Republic of Serbia. Translation by Aeroisk.
This information is prepared by the Aeroisk team, specialised in protecting passenger rights and claiming compensation for disrupted flights.
Reneta Yovkova is responsible for keeping the legal information up to date.
Official text: Zakon o obligacionim i osnovama svojinsko-pravnih odnosa u vazdušnom saobraćaju (Official Gazette of the RS Nos. 87/2011, 66/2015 and 96/2025), Civil Aviation Directorate of the Republic of Serbia. The Directorate also publishes an unofficial English translation of the original 2011 text, without the later amendments.
The 2025 amendment (No. 96/2025, in force from 15 November 2025) does not change the provisions in this extract. What matters for passengers is that it introduces explicit fines for a carrier that does not pay compensation under Article 12 or does not reply to a complaint within the 60-day period under Article 97 (Article 175). Liability for baggage, delay and bodily injury under the Montreal Convention now also applies to domestic flights (Article 26).
Passenger rights and complaints: the legal framework and frequently asked questions of the Civil Aviation Directorate of the Republic of Serbia.
Last updated: 13 October 2026
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