Your Air Serbia Compensation Claim Is Denied. Now What?

Your Air Serbia compensation claim is denied. What should you do now?

It can be worrisome when you’re navigating the compensation claim process on your own and are uncertain about your eligibility for compensation. So, what should you do next? Is it worth continuing? Absolutely. Consider entrusting your claim to a flight compensation company to handle it for you. This is just one of several possible actions to take.

Rest assured, you can continue to stand up for your rights.

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Your Air Serbia Compensation Claim Is Denied. Now What?

Your Air Serbia compensation claim is denied. What should you do now?

Fear not – alternative strategies to secure compensation from Air Serbia do exist.

Before you proceed, it’s crucial to revisit and understand the law. Look up Regulation (EC) No 261/2004 to ascertain your eligibility for flight compensation.

1. Collaborating With Flight Compensation Companies

The most straightforward path is to partner with a flight compensation company.

This involves completing an online claim form, providing them with copies of your boarding pass and passport, and submitting the claim. The company takes over from there, eliminating any further stress. You no longer have to directly deal with Air Serbia.

If there are any follow-up questions that only you can answer, the flight compensation company will get in touch with you. The primary drawback here is the fees involved. Most flight compensation agencies charge about 25-45% of the compensation.

Our partners offer such services.

How much does it cost?

Typically, fees make up about 25 to 45 per cent of the compensation. The remainder is forwarded to you.

Read more:

• How to Claim Air Serbia Compensation?
• Your Air Serbia Refund Is Taking Forever. What Can You Do About It?

2. Reaching Out to the NEB of the Country Your Flight Originates From

You’re not confined to working with a flight compensation firm.

Contacting the NEB (National Enforcement Bodies) is the course of action you should undertake after a lack of response or rejection from the airline. This service doesn’t have any financial implications. However, it’s not as simple as working with a flight compensation service, and the process may take some time. Typically, the NEB requires a minimum of 2 months to process your claim.

The key drawback here is — even if the NEB supports your claim, this does not guarantee that you will be awarded compensation. Air Serbia might still dismiss the claim.

You can find the list of National Enforcement Bodies here.

The National Enforcement Bodies assist passengers in the event of denied boarding, flight delay or cancellation, as well as enforce the regulation Regulation (EC) 261/2004 and makes sure passengers are treated according to these rules.

3. Escalating Your Case to Court

Your Air Serbia compensation claim is denied.

The next course of action is to bring the matter to court.

Acquiring a favourable decision from the NEB before moving forward is highly recommended. A positive judgment from the NEB significantly strengthens your case against the airline (in this instance, Air Serbia).

While this path may seem complex, it is often the most successful. Before going to court, make sure to verify the legitimacy of your claim. Refresh your knowledge of your rights and carefully prepare your argument. Only then can you be confident that pursuing the matter in court is worthwhile. If you have a decision from the NEB confirming your right to compensation, include it in your court documents.

Be aware, that taking the case to court will result in expenses.

Extraordinary Circumstances

Airlines commonly avoid stating the exact reason for denying your claim.

They typically offer a broad explanation, and that’s the end of it.

Their preference is to describe “everything” as an extraordinary circumstance.

The reason is simple: compensation payouts don’t contribute to an airline’s profit margin. As a result, airlines strive to minimize compensation whenever they can. They are aware that many passengers are not fully informed about their rights, and they take advantage of this lack of information. So, it’s important to approach this term with a critical mindset.

Under EU regulation 261/2004, airlines are exempt from compensating for flight disruptions due to extraordinary circumstances. Extraordinary circumstances include severe weather, political unrest, security threats, pandemics, and hidden manufacturing defects. Specifically, only hidden manufacturing defects are accepted as extraordinary circumstances. Most technical issues are seen as the airline’s responsibility.

Moreover, adverse weather does not always count as an extraordinary circumstance. At times, the weather can be predicted. For instance, snowfall during winter (unless it’s an unusual event). In such cases, the airline should take necessary precautions to ensure the flight departs on schedule.

Determine the actual reason for the flight delay or cancellation. It matters.

When Are You Eligible for Flight Compensation From Air Serbia?

There are several situations that could entitle you to seek flight compensation.

These situations include flight delays, cancellations, and instances where you are denied boarding due to overbooking.

1. Flight Delays

According to EU regulation 261/2004, passengers qualify for compensation if their flight arrives at the final destination with a delay of more than three hours.

The amount of compensation depends on the length of the delay and the total flight distance.

For example, if a flight from Belgrade to Vienna, which is a short distance of less than 1,500km, is delayed by four hours, passengers are eligible to receive €250 as compensation. Being an EU member airline, Air Serbia is obligated to adhere to EU laws for all its flights.

Read more: Air Serbia Flight Delay Compensation

2. Flight Cancellations

If your Air Serbia flight is cancelled without at least 14 days advance notice, you are eligible for compensation. As long as the flight cancellation is due to the airline’s fault.

The amount of compensation is calculated based on the flight distance and the delay in reaching the final destination. For instance, if your flight from Belgrade to New York, a long haul flight over 3,500km, is cancelled without sufficient notice, and you reach your final destination more than four hours late with an alternative flight, you are entitled to compensation of €600.

Alternatively, you may choose to get a full refund instead of a replacement flight.

Read more: Air Serbia Flight Cancellation Compensation

3. Denied Boarding Due to Overbooking

Airlines often overbook flights anticipating that some passengers might not show up.

If you are denied boarding due to overbooking and you didn’t voluntarily give up your seat, you are entitled to compensation for denied boarding.

The compensation amount is determined by the flight distance. For instance, if you are travelling from Belgrade to Moscow, a medium-range flight between 1,500km and 3,500km, and are denied boarding due to overbooking, and you reach your final destination more than three hours late, you are entitled to €400 compensation.

Read more: Air Serbia Denied Boarding Compensation

Your Air Serbia compensation claim is denied? Do you have a first-hand experience of denied Air Serbia compensation claim? Did you take the case to NEB or court?