Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage

The contractual relations between the passenger-consumer who uses the air transportation service, as one contractual party, and the airline that provides this service, as the other contractual party, are applied as authoritative provisions:

  • Law on Obligation and Fundamentals of Ownership-Legal Relations in Air Traffic (“Official Gazette of RS”, No. 87/2011 and 66/2015),
  • The Montreal Convention, which the Law ratified on Confirmation of the Convention on the Unification of Certain Rules for International Air Transport (“Official Gazette of RS – International Agreements”, No. 38/2009) and
  • Law on Consumer Protection (“Official Gazette of RS”, No. 88/2021).

General rules of the Law on Obligation Relations (“Official Gazette of the SFRY”, no. 29/78, 39/85, 45/89 – decision of the USJ and 57/89, “Official Gazette of the SFRY”, no. 31/93, “Official Gazette of SCG”, No. 1/2003 – Constitutional Charter and “Official Gazette of the RS”, No. 18/2020) accordingly apply to all issues that are not regulated by the regulations mentioned above. Continue reading Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage

Accident insurance for passengers in public transport

For the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the types of compulsory traffic insurance shall be as follows:

  1. Accident insurance of passengers in public transport
  2. Third party liability insurance for owners of motor vehicles
  3. Aircraft passenger and third-party liability insurance for aircraft owners
  4. Third party boat insurance for boat owners.

The owner of the motor vehicles, aircraft and boat shall also include any user or other person registered as the owner of the means of transport in accordance with law.

Insurance against liability for damage caused to third parties concluded by the owner of the means of transport shall cover, under the conditions and in the way provided by the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the damages to third persons made by the means of transport, regardless of who was in the driver’s seat. Continue reading Accident insurance for passengers in public transport

Liquidated damages

A creditor and a debtor may stipulate that the debtor shall pay to the creditor a specific sum or supply him with some other property benefit, should he fail to perform his non-monetary obligation, or delay in performing it (liquidated damages).

Unless something else results from contract, liquidated damages shall be considered as stipulated for the case of a debtor becoming late in performance.

Liquidated damages shall not be stipulated in relation to monetary obligations.

Method of Calculation

Contracting parties may determine the amount of liquidated damages as they please, either in form of a lump sum or as a percentage, or for each day of delay, or in some other way. Continue reading Liquidated damages