Somebody I do know booked a return flight on Air Serbia from Vienna to Podgorica (Montenegro) through Belgrade, departing on 6 March 2020 and returning on 14 March 2020. On 10 March 2020, Air Serbia cancelled the return leg from Belgrade to Vienna with out clarification; the passenger contacted Air Serbia by telephone and was capable of rebook for the subsequent accessible flight, which was 24 hours later than the unique return date. Air Serbia advised them on the telephone that cheap transport, meal, and lodging prices for the unplanned in a single day keep in Belgrade could be compensated.
Based on Air Serbia’s assertion of passenger rights*, the EU Regulation 261/2004 on flight compensation is built-in into Serbian regulation, so we assume that the passenger is entitled not solely to the prices for the keep in Belgrade, but additionally €250 in compensation for the cancelled flight.
The passenger accordingly made a declare for compensation utilizing Air Serbia’s on-line type*, together with all of the related journey info and documentation (receipts, and so on.). Air Serbia simply now rejected the declare as follows:
Thanks to your persistence whereas the declare referring to your journey from BEG to PRG on 14.3.2020 was processed.
After fastidiously reviewing your declare, I remorse to tell you that we’re not capable of present compensation on this case. This determination was reached considering the particular circumstances of your case, because of the coronavirus pandemic. Please notice that the choice is ultimate.
We’re sorry that our service on 14.3.2020 didn’t meet your expectations and hope that we are able to stay up for welcoming you on-board an Air Serbia flight sooner or later.
We’re skeptical about this rejection for the next causes:
On the telephone, Air Serbia had already promised compensation at the least for the transport, lodging, and meals in Belgrade.
Air Serbia cancelled the flight earlier than the governments of Serbia and Austria had imposed any restrictions on overseas journey referring to the coronavirus pandemic.
At no time prior to now had Air Serbia indicated that the cancellation was because of the pandemic.
Based on the reply to a different Covid-19–associated query right here (Might I get a refund for a flight cancelled due to COVID-19?), “beneath EU guidelines you all the time get a refund”.
We’d subsequently like solutions to the next:
Below Serbian or EU regulation (whichever is relevant in our case), is the passenger in actual fact entitled to compensation on this case?
If the reply to the earlier query is “sure”, then to what enforcement physique can the passenger enchantment Air Serbia’s ultimate determination? The EU helpfully offers an inventory of nationwide enforcement our bodies for EC 261/2004, however Serbia just isn’t on this record. If there is no nationwide enforcement physique in Serbia, can the passenger enchantment to the one in Austria, on condition that she purchased the ticket and is resident there?
* Notice that because of Air Serbia’s damaged web site, chances are you’ll have to observe that hyperlink twice earlier than the right web page seems. It appears that evidently first-time guests to the web site are all the time redirected to its dwelling web page.