FLIGHT DELAY AND FLIGHT CANCELLATION - DAMAGE COMPENSATION

flight delay and cancellation

Cancellation and Delay of Flights - Your Rights and Compensation according to EC Regulation 261/2004

The travel season is in full swing, and many travelers are facing problems such as flight delays or cancellations. Although these situations can cause stress and additional costs, it is important to know that passengers have legal rights to compensation and assistance from airlines - all according to Regulations (EC) no. 261/2004 of the European Parliament and the Council.

Your flight was delayed? You are entitled to compensation.

Passengers in Serbia can receive compensation up to 600 euros due to flight delays, cancellations or denied boarding. PM Lawyers can take over the entire process and protect your rights.

Contact us and check your right

What is Regulation EC 261/2004?

Regulation EC 261/2004 establishes common rules regarding compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights. It applies to all flights that:

  • Depart from any EU member state or the Republic of Serbia (regardless of the airline), or

  • Land in the EU or the Republic of Serbia from a country outside the EU, if the carrier is registered in the EU or the Republic of Serbia.

When are you entitled to compensation?

You have the right to compensation in the following cases:

1. Flight cancellation

The passenger is entitled to compensation in the amount of 250 to 600 euros, unless:

  • Is notified at least 14 days before the planned time of departure, or

  • He was offered an alternative flight under similar conditions.

2. Long delay

If your flight is delayed by more than 3 hours upon arrival, you may also be entitled to compensation, unless there are extraordinary circumstances (bad weather, political instability, security risks, etc.).

3. Denied boarding (overbooking)

If you are denied boarding due to oversold tickets, through no fault of your own, you are entitled to:

  • Compensation,

  • Ticket refund or alternative flight,

  • Assistance (meals, refreshments, accommodation).

Amounts of financial compensation

The amount depends on the flight distance and the duration of the delay:

Flight distanceDelayCompensation
up to 1,500 km3+ hours250 €
1,500 – 3,500 km3+ hours400 €
over 3,500 km3–4 hours300 €
over 3,500 km4+ hours600 €

Note: If you are offered an alternative flight that is not significantly delayed, the compensation may be reduced by 50%.

Additional passenger rights

Regardless of the fee, you are entitled to:

  • Meal and refreshments according to the waiting time,

  • Accommodation if the flight is delayed overnight,

  • Transportation to accommodation and airport,

  • Two free communications (call, e-mail).

When are you not entitled to compensation?

Airlines are not obliged to pay compensation if the delay or cancellation is due to:

  • Bad weather conditions,

  • Security threats,

  • Strikes that are not under their control,

  • Medical emergencies.

How to exercise your rights?

1. Gather the documentation:

  • Boarding pass and plane ticket,

  • Confirmation of delay/cancellation,

  • Proof of expenses (bills for food, taxi, accommodation...).

2. Submit a request to the airline:

  • Submit a written request for compensation (preferably by email),

  • Specify the flight number, dates, details of the problem.

3. Contact a lawyer to submit a request for monetary compensation and to protect your rights:

If any of the above situations happen to you, we advise you to contact a lawyer for filing a request for monetary compensation. If the airline does not respond within a reasonable time or refuses the request, you can appeal to the lawyer for compensation, in order to start a procedure to exercise your right.

In case of flight cancellation or delay, you are not helpless. Regulation EC 261/2004 gives you clear rights to monetary compensation, assistance and protection, and many travelers are not even aware that they can claim up to 600 euros in compensation.

If you believe that you are entitled to compensation, but you are not sure how to achieve it - contact a lawyer dealing with air passenger law. Quick and efficient help can save you time, money and additional stress.