US denied boarding regulation

If you have been denied a reserved seat on Air Serbia flight departing from the U.S., you are probably entitled to monetary compensation. This notice explains the airline's obligation and the passenger's rights in the case of an oversold flight, in accordance with regulations of the U.S. Department of Transportation.

If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until Air Serbia has first asked for volunteers who will give up their reservation willingly, in exchange for compensation of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of Air Serbia.

Passengers holding a confirmed reservation will always be boarded before any passengers not holding a confirmed reservation or not entitled to a firm reservation. Passengers holding a confirmed reservation who have fully paid a fare (including special fares, excursion fares, discounted fares – such as for children), approved by the U.S. Department of Transportation for publication and sale for general public, will be boarded in sequence in which they have presented themselves, properly documented for the flight and at appropriate time and place, for check-in.

The following passengers will not be denied boarding unless unavoidable:

• inadmissible (INAD) and deportee (DEPA/DEPU) passengers
• crew members positioning in preparation for a flight and engineers needed for emergency repairs an aircraft grounded at station or traveling to/from the scene of an aircraft accident
• DHC (Dead Head Crew) traveling on duty with confirmed reservation on MIBA (Multilateral Interline Business Agreement) fares according to XX/JU ISTA agreement
• the passengers who possess travel documents that do not allow them to be rerouted or to enter again in country of departure
• unaccompanied minors (UMNR)
• stretcher, immobile passengers and their escorts, as well as other disable persons
• V.I.P. passengers
• Business class passengers
• hardship cases as determined by manager on duty
• group passengers
• diplomatic couriers
• Air Serbia Etihad Guests Platinum and Gold Members
• merchant seamen who is in possession of valid maritime certificate
• families with infants (INF) or families with children (CHD)
• connecting passengers
• JU employees on duty traveling with confirmed reservation

If you are denied boarding involuntarily, you are entitled to a payment of denied boarding compensation from the airline unless:

• If you have not fully complied with the airline's ticketing, check-in and reconfirmation requirements, or you are not acceptable for transportation under the airline's usual rules and practices; or
• you are denied boarding because the flight is canceled; or
• you are denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or
• on a flight operated with an aircraft having 60 or fewer seats, you are denied boarding due to safety-related weight/balance restrictions that limit payload; or
• you are offered accommodations in a section of the aircraft other than specified in your ticket, at no extra charge (a passenger seated in a section for which a lower fare is charged must be given an appropriate refund); or
• the airline is able to place you on another flight or flights that are planned to reach your next stopover or final destination within one hour of the planned arrival time of your original flight.

Passengers traveling from the U.S. to a foreign point who are denied boarding involuntarily from an oversold flight originating at a U.S. airport are entitled to:

• No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover not later than one hour after the planned arrival time of the passenger's original flight;
• 200% of the fare to the passenger's destination or first stopover, with a maximum of $675, if the carrier offers alternate transportation that is planned to arrive at the passenger's destination or first stopover more than one hour but less than four hours after the planned arrival time of the passenger's original flight; and
• 400% of the fare to the passenger's destination or first stopover, with a maximum of $1,350, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger's destination or first stopover less than four hours after the planned arrival time of the passenger's original flight.

Alternate transportation is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the passenger in the case of denied boarding.

Except as provided below, the airline must give each passenger who qualifies for involuntary denied boarding compensation a payment by cash or check for the amount specified above, on the day and at the place the involuntary denied boarding occurs. If the airline arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment shall be sent to the passenger within 24 hours. The air carrier may offer free or discounted transportation in place of the cash payment. In that event, the carrier must disclose all material restrictions on the use of the free or discounted transportation before the passenger decides whether to accept the transportation in lieu of a cash or check payment. The passenger may insist on the cash/check payment or refuse all compensation and bring private legal action.

Acceptance of the compensation may relieve Air Serbia from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.