LAWON CONSUMER PROTECTION("Off. Herald of RS", No. 88/2021) |
Article 1
This Law shall govern, with a view to protecting the position of consumers, the rights and obligations of consumers, the instruments and method of protection of consumer rights, informing and promoting consumer awareness of consumer rights and methods of protection of such rights, the rights and obligations of associations and alliances whose scope of activity is realization of objectives in consumer protection, out-of-court settlement of consumer disputes, the rights and obligations of state authorities in the field of consumer protection and other issues of significance for the position and protection of consumers.
Fundamental Rights of Consumers
Article 2
The fundamental rights of consumers shall be the rights to:
1) Satisfaction of basic needs - availability of the most essential goods and services, such as foods, clothes, footwear and housing facilities, health protection, education and hygiene;
2) Safety - protection from the goods and services which are dangerous to life, health, property or the environment, or the goods the possession or use of which is prohibited;
3) Information - availability of accurate information necessary for conscious choice of offered goods and services;
4) Choice - the possibility to choose among a number of goods and services at affordable prices and with adequate quality;
5) Participation - representation of consumer interests in the procedure of passing and implementation of consumer protection policy and the possibility to be represented through associations and alliances of consumer protection associations in the procedure of adoption and implementation of consumer protection policy;
6) Legal protection - protection of the rights of the consumer, under procedure provided for by law, in the event of violation of his/her rights and compensation for pecuniary and non- pecuniary damage caused by the trader;
7) Education - acquisition of basic knowledge and skills necessary for making proper and reliable choices of products and services, as well as knowledge of fundamental rights and duties of the consumers and of the method of exercising of such rights;
8) Healthy and sustainable environment - living and working in an environment that is not harmful to health and well-being of the present and future generations, timely and complete information regarding the state of the environment.
Article 3
Consumers may not waive the rights laid down by this Law.
Any provision of a contract or another statement of will which is directly or indirectly denying or restricting the consumer rights resulting from this Law shall be null and void.
Nullity of an individual contractual provision referred to in paragraph 2 of this Article shall not imply nullity of the entire contract, if the contract has legal effect without that provision.
Any offer to conclude a contract made by the consumer to the trader shall not bind the consumer to keep the offer.
This Law shall also apply to the contracts the objective or effect of which is circumventing the application of its provisions.
When interpreting and applying this Law, the position of the consumer as an economically weaker party and in particular, the position of vulnerable consumers, must be taken into account.
The law regulating contracts and torts shall apply to the relations between consumers and traders that are not regulated by the provisions of this Law.
In defining and applying measures and activities of state authorities the objectives of consumer protection shall also be taken into account.
Article 4
Provisions of this Law shall apply to relations between the consumers and the traders which are subject matter of this Law, except in cases where there are specific provisions with the same objective governing such relations which provide for a higher level of protection in accordance with special regulations.
Provisions of this Law regulating consumer protection in exercising the rights in distance contracts and off-premises contracts shall not apply to contracts concluded through the use of automated vending machines for the sale of goods or services or in automated commercial premises, or to contracts on the sale of food or drinks in temporary facilities. Articles 12 and 13, Articles 26 through 36, Article 45 and Articles 47 and 48 of this Law shall not apply to the contracts concluded in the fields of:
1) Provision of services from the package travel contracts, linked travel arrangement, time-share or consumer rights from the contracts on pupil or student stay with a family abroad or another adequate accommodation;
2) Periodical delivery of foodstuffs, beverages or other products intended for daily consumption in the household, which are supplied by a trader on regular rounds to the consumer;
3) Contracts concluded by means of automatic vending machines for the sale of goods or services, or in automated commercial premises;
4) For the sale of foodstuffs and beverages in temporary facilities.
Provisions of this Law regulating consumer protection in exercising of the rights from the sale contracts shall also apply to the contracts on the delivery of goods that is subject to manufacture.
Provisions of this Law regulating liability for defective products shall not apply to liability for damage caused by nuclear accidents or to liability for damage regulated by ratified international treaties.
Provisions of this Law regulating consumer protection in exercising of the contractual rights on: organizing travels, related package travels, timeshares shall also apply to consumer rights from the contracts on the stay of pupils or students with families abroad or in another adequate accommodation.
Provisions of a special law shall apply to the issues concerning protection of the users of financial services, i.e. protection of participants in the capital market.
Article 5
Specific terms used in this Law shall have the following meanings:
1) Consumer shall mean any natural person who obtains goods or services on the market for purposes that are outside his business or other commercial activity;
2) Trader shall mean any legal person, sole trader or natural person that is acting on the market within the scope of their business activity or for other commercial purposes, including any other person acting in his name or on his behalf;
3) Seller, within the meaning of the provisions regulating the protection of consumers in exercising of their rights under sale contracts and consumer protection in exercising of their rights under contracts on provision of services, shall mean the trader with whom the consumer has concluded a contract on the sale of goods or provision of services;
4) Organizer shall mean the trader that organizes a tourist travel and sells or offers it for sale, either directly or through an intermediary or jointly with another trader or the trader that transmits the traveler’s data to another trader, as prescribed by this Law. An organizer shall perform the activity based on the prescribed license;
5) Intermediary shall mean a trader that sells or offers for sale a tourist travel created by an organizer and sells other travel services, for which jobs no prescribed license is required;
6) Sales contract shall mean each contract under which the seller transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object the both the sale of goods and provision of services;
7) Goods shall mean any tangible movable items, with the exception of items sold in the enforcement proceedings or in another prescribed procedure by authority of law; water, gas and electricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity;
8) Distance contract shall mean any contract concluded between the trader and the consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
9) Means of distance communication shall mean any means that allows for the conclusion of a contract between the trader and the consumer who are not in the same place at the same time;
10) Digital content shall mean data that is produced and delivered in digital form;
11) Contract concluded, as well as any contract for which an offer has been made by the consumer off-premises, shall mean any contract between the trader and the consumer that is concluded in the simultaneous physical presence of the trader and consumer outside of the business premises of the trader; contract concluded at the business premises of the trader or through any means of distance communication, and the conclusion of which has been the subject of negotiations that took place outside of the business premises of the trader with the simultaneous physical presence of the trader and the consumer; contract concluded during an excursion organized by the trader with the aim or effect of promoting and selling goods or services to the consumer;
12) Business premises shall mean any immovable retail premises, where the trader carries out activity on a permanent basis, as well as any movable retail premises where the trader carries out activity on a usual basis;
13) Order form shall mean a written or electronic message setting out the terms of the contract, to be signed by the consumer outside of the business premises of the trader with a view to concluding a contract;
14) Product, within the meaning of the provisions of this Law governing unfair commercial practices, shall mean any goods or service, including immovable property, rights and obligations, as well as, within the meaning of the provisions of this Law governing the liability for defective products, any movable property separated from or installed in another movable or immovable property, including energy produced or accumulated for the provision of light, heat or movement;
15) Professional diligence shall mean increased care and skill that may be expected in legal transactions from a trader when doing business with consumers, in accordance with good practices and the principle of good faith;
16) Producer shall mean a person:
(1) That produces or imports finished products, goods, raw materials or parts into the territory of the Republic of Serbia for the purposes of sale, rent, lease or other kind of trade;
(2) That purports to be a producer by placing their name, trade mark or another designation on the goods;
(3) Trader of a product that does not contain information on the producer, if they fail to inform the injured person within a specified time limit of the identity of the producer, i.e. of the person from which the product has been obtained;
(4) Trader of an imported product which contains information on the producer, but does not contain information on the importer;
17) Ancillary contract shall mean a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract where the goods are supplied or the services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
18) Public auction shall mean a procedure of the sale of goods through competitive bidding of the consumers run by an auctioneer, where the consumers attend the sale or are given the possibility to attend the sale, where the bidder that has made the best offer is bound to purchase the goods;
19) Commercial practice shall mean any act or omission, course of conduct or representation and commercial communication by a trader, including advertising, that is directly connected to the promotion, sale or delivery of a product to consumers;
20) Average consumer shall mean any consumer who is well-informed and reasonably circumspect, taking into account the social, cultural and linguistic characteristics;
21) Contractual provision shall mean any provision of a contract, including special terms, the content of which the consumer has either negotiated or could have negotiated with the trader, as well as the general provisions that have been drafted in advance by the trader or a third party;
22) Damage shall mean, within the meaning of the provisions of this Law regulating liability for defective products, the consequence caused by death or bodily injury, as well as the consequence caused by the destruction of or damage to a part of the property that the injured party usually uses for private use or consumption;
23) Service contract shall mean any contract other than the sales contract, under which the seller supplies or undertakes to supply a service to the consumer, and the consumer pays or undertakes to pay the price thereof;
24) Service of general economic interest shall mean а service wherein the quality, conditions of provision or price are fixed or controlled by a public authority or another holder of public powers, particularly because of the high value of initial investment, limited resources necessary for its provision, sustainable development, social solidarity and the need for balanced regional development, all with the aim of satisfying the common social interest (for example, the services from the field of energy, drinking water supply, processing and drainage of atmospheric and waste water, domestic regular passenger services, electronic communication services, postal services, municipal waste management, management of cemeteries and funeral services, management of public parking lots, performance of chimney-sweeping services, etc.);
25) Travel services shall mean carriage of passengers, accommodation which is not provided within the means of transport intended for carriage of passengers, rental of cars, other motor vehicles or motorcycles (hereinafter referred to as: motor vehicles’ rental) and other tourist services;
26) Other tourist services shall mean the services which are not integral part of transportation, accommodation or motor vehicles’ rental and which can include the sale of tickets for concerts, sport events, amusement parks, as well as the tourist guide services, etc.;
27) Tourist travel shall mean a package tour, as a combination of two or more travel services (transport, accommodation, motor vehicles’ rental and other tourist services), which have been offered, prepared or combined independently by the organizer or at a request of the traveler, all longer than 24 hours in duration or of a shorter duration where it includes an overnight stay, as well as one or more overnight stays that include only the accommodation service in a specified time period or duration and which is sold at a price presented as a single amount. A tourist travel shall not be considered to be an excursion, a travel for own needs or a related travel arrangement except in the case prescribed by this Law;
28) Travel for own needs shall mean the trips occasionally provided by the non-profit organizations, of the limited scope, without the purpose of profit making, solely for a limited number of their members;
29) Package travel contract shall mean a contract on organization of tourist travel which includes all the services from the travel program, as well as the special requests of the traveler, comprising an inseparable part necessary for the realization of travel, with the clearly indicated start and end of travel and which is sold at a single selling price and comprising the general conditions of travel, travel program, travel certificate, voucher, etc.;
30) Linked travel arrangement shall mean at least two different travel services, except for accommodation, bought for the purposes of a same travel, if the organizer, i.e. intermediary on the occasion of a single visit i.e. contact of the traveler with the direct provider of such service, at one point of sale, enables separate selection and separate payment for each travel service, or enables targeted purchase of at least one additional travel service from another trader, where a contract with such other trader is concluded at the least 24 hours after the confirmation of the booking of the first travel service. A linked travel arrangement shall not constitute a tourist travel, except in the cases prescribed by this Law;
31) Traveler shall mean a consumer who is buying or on behalf of whom is bought, i.e. a consumer using a tourist travel, a linked travel arrangement or an excursion, as well as another tourist service;
32) Lack of conformity of a tourist travel service shall mean a failure to perform, partial performance or improper performance of services covered by a tourist travel, excursion or another tourist service;
33) Point of sale for a travel service shall mean the premises i.e. the room where the sale is conducted or a web page i.e. a similar online sales facility for the sale of a travel service via internet;
34) Repatriation shall mean returning of a traveler to the place of departure or to another place agreed upon by the contracting parties;
35) Part-time use of immovable property (timeshare) contract shall mean a contract under which the trader undertakes to grant to the consumer for use on two or more occasions one or more overnight real estate, and the consumer undertakes to pay a consideration to him for that, and is concluded for the duration of one year at the minimum or with the option of tacit extension;
36) Long-term holiday product contract shall mean a contract under which the trader undertakes to grant a discount or other privileges and benefits in respect of accommodation for holiday to the consumer, in isolation or together with travel service, and the consumer undertakes to pay to him a consideration for that and which is concluded with a duration of one year at the minimum or with the option of tacit extension;
37) Resale contract shall mean the contract under which the trader undertakes to assist the consumer to buy or sell a timeshare or a long-term holiday product, and the consumer undertakes to pay to him a consideration for that;
38) Contract Facilitating Timeshare Exchange shall mean a contract under which the trader undertakes to include the consumer in a timeshare system, where the consumers may cede to each other, for a specified period of time, the rights arising from the timeshare contract, and the consumer undertakes to remunerate the trader for such inclusion;
39) Out-of-court settlement of consumer disputes, within the meaning of this Law, shall mean the method of dispute resolution between the consumers and the traders, before the body for out-of-court consumer dispute settlement registered on the List of bodies for out-of-court settlement of consumer disputes in compliance with this Law;
40) Warranty provider shall mean the trader, whether it is the producer, importer, wholesale or retail trader, which undertakes obligations towards the consumer based on the warranty provided;
41) Technical goods shall mean a complex item, i.e. a device of industrial production for lasting use (household appliances, computers, telephones, motor vehicles and the like) that requires electricity, other means of supply (e.g. battery or accumulator) or an internal combustion engine for operation;
42) Code of Good Commercial Practices shall mean an agreement or a set of rules not provided for by law, secondary legislation or administrative acts, which define the conduct of traders who accept the obligations from the Code in relation to one or more particular commercial practices or economic activities;
43) Entity passing the Code of Good Commercial Practices shall mean the person, including a trader or a group of traders, which is responsible for the formulation and revision of the Code of Good Commercial Practices and/or for monitoring compliance with the Code by those who have undertaken to observe it;
44) Durable medium shall mean any instrument enabling consumers or traders to save data intended for them, in such a manner that data remains accessible for future reference for a period of time adequate for the purpose of data and which allows unchanged reproduction of saved data, such as paper, electronic mail, CD-ROM, DVD, memory card and computer hard disk;
45) Financial services shall mean any bank and credit services, insurance services, voluntary pension fund management services, financial lease services, electronic money issue services, investment and payment services, as well as financial deals, within the meaning of the special laws regulating such services.
The terms used in this Law and in regulations passed on the basis of this Law, which have a gender meaning, expressed in the grammatical male gender, shall include the natural female and male sex of the persons to which they pertain.
II CONSUMER INFORMATION AND EDUCATION
Article 6
Unless where provided otherwise by this Law, the trader shall indicate the selling and unit price of the goods or services in an unambiguous, clearly legible and easily identifiable manner, in accordance with the regulations governing trade.
Article 7
A trader shall make a price list or charge rates for services.
The trader shall indicate the price list or charge rates for services referred to in paragraph 1 of this Article in the shop window, in the business premises or at another place where the services are offered.
If the trader offers the provision of services at the specialist department of a retail establishment, the price list or charge rates for the services may be displayed in such department.
Electricity, Gas, Central Heating and Water
Article 8
The trader that offers or advertises the provision of services involving the continuous supply of electricity, gas, heat or water via pipeline shall clearly indicate, in an offer or an advertisement:
1) The price per unit of consumed electricity or heat;
2) The price per unit of consumed water or gas.
The trader shall, in addition to the price per unit referred to in paragraph 1 of this Article, clearly indicate the prices that are not calculated according to the consumed unit of measure.
Petrol Stations and Parking Lots
Article 9
The trader shall indicate the unit prices of fuel in such a manner as to allow for easy and timely legibility of prices by the person driving a motor vehicle in the direction of the petrol station.
A trader who is offering parking space for motor vehicles i.e. lease of parking spaces in garages shall indicate the price list at the entrance as to allow for easy and timely legibility of the price and the number of free spaces by the person driving a motor vehicle in the direction of the parking lot.
Article 10
In a catering facility, the trader shall indicate the price list of food and drinks on the tables, or present such price list to every consumer before taking the order and, upon the consumer’s request, at the time of payment.
The trader shall display the price list at the entrance of the catering facility referred to in paragraph 1 of this Article as well.
In an accommodation facility (hotel, motel, tourist resort, camp, pension, hostel, overnight accommodation, rest centre, house, apartment, room and the like), the trader shall display:
1) The selling price of accommodation, full board and half board, and the amount of sojourn tax in a visible place, in every room and at the reception desk;
2) The selling price of food and drinks in the price lists that must be available to the consumers in a sufficient number of copies and at places where the consumers are served.
Where the use of means of distant communication is enabled in the catering facilities referred to in paragraphs 1 and 3 of this Article, the trader shall display the price of use per unit of time or the selling price per single use next to that means of communication.
The prices for the provided services referred to in paragraphs 1 through 4 of this Article shall include the service charge and all other additional costs.
Article 11
The trader shall issue a bill to the consumer for the purchased goods or services.
The bill referred to in paragraph 1 of this Article shall in particular include:
1) Name or business name, address and information of importance for establishing the identity of the trader;
2) Information on goods sold or services rendered;
3) Selling price;
4) Date of issuance of the bill;
5) The specification referred to in Article 75, paragraph 3 and Article 90, paragraph 3 of this Law;
6) The total amount due for payment.
In addition to the elements listed in paragraph 2 of this Article, the bill referred to in paragraph 1 of this Article for the rendered services of general economic interest must include the unit price.
The trader must adhere to indicated prices and terms of sale.
Any charge on issuance and sending of bills to consumers shall be prohibited.
Any charge on issuance and sending of warnings to the consumer for the purpose of collecting overdue monetary claims shall be prohibited.
The bill referred to in paragraph 1 of this Article shall also include other pieces of information in accordance with special regulations.
Duty to Inform Prior to Conclusion of Contract
Article 12
The trader shall, prior to the conclusion of any contract on the sale of goods or provision of services, inform the consumer in a clear and comprehensible manner, in Serbian language or in a language of a national minority, in accordance with the law, on:
1) The basic characteristics of the goods or services;
2) The business name, registration number, seat address, and telephone number;
3) The selling price or the manner in which the selling price is to be calculated where due to the nature of the goods or service the selling price cannot be determined in advance, as well as of all additional postal and freight and delivery charges and the possibility that such charges may be payable by the consumer;
4) The payment method, arrangements and time limit for delivery, method of discharging of other contractual obligations;
5) The existence of legal liability due to non-conformity of the goods or services with the contract;
6) The method of filing complaints with the trader, and in particular on the place of receipt and the trader’s complaints handling method, as well as on the conditions related to exercising of consumer rights based on compliance;
7) When offering and selling technical goods on availability of spare parts, consumables, accessory apparatuses and similar parts, technical service or maintenance and repairs during and following the expiry of the period during which he is liable for non-conformity with the contract, i.e. after discontinuation of production or import of goods;
8) Conditions for terminating the contract, if the contract is of indeterminate duration or is to be extended automatically;
9) Possibilities for out-of-court settlement of disputes.
Depending on the circumstances of the case in question and the type of goods or services, the trader shall, prior to contract conclusion, also inform the consumer of:
1) The duration of the contract;
2) The minimum duration of contractual obligations;
3) The functionality, including applicable digital content technical protection measures;
4) Any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;
5) The existence and conditions of after-sale services and warranties.
The trader is not obliged to inform the consumer of information referred to in paragraphs 1 and 2 of this Article where such details are already apparent from the circumstances under which the contract is concluded.
In the case of a public auction, the trader may, instead of the notification of information referred to in paragraph 1, item 2) of this Article, notify the consumer of the address and information of importance for establishing identity of the auctioneer.
If the trader and the consumer conclude the contract, information referred to in paragraphs 1 and 2 of this Article shall become the integral parts thereof.
The burden of proof of the performance of obligation to inform the consumer of information referred to in paragraphs 1 and 2 of this Article shall be with the trader.
If, when concluding the contract, the trader has not complied with the obligation to provide information referred to in paragraphs 1 and 2 of this Article, the consumer may request that the contract be cancelled, irrespective of whether the trader has intended to lead him into concluding the contract, by omitting to inform. The right to request contract cancellation shall terminate upon the expiry of one year from the contract conclusion date.
Provisions of paragraphs 1 and 2 of this Article shall additionally apply to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, to contracts for the supply of heat and for the supply of digital content which is not supplied on a durable medium.
Article 13
The consumer is not obliged to pay any form of additional costs, including postal charges and freight and delivery charges, if the trader has not obtained explicit consent from the consumer for the concrete additional costs in addition to the contractual remuneration agreed upon for the trader’s main contractual obligation.
The trader shall obtain the consumer’s consent referred to in paragraph 1 of this Article before the consumer is bound by the contract or offer.
If the trader has not obtained the consumer’s explicit consent for additional costs, but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall not be obliged to pay to the trader any remuneration for additional costs. If he has already paid additional costs to the trader, the consumer shall be entitled to reimbursement of the money.
Article 14
The monetary liability that the consumer pays through the bank, a public postal operator or another person providing payment services in compliance with the law, shall be considered to be settled on the day on which the bank, the public postal operator or another person providing payment services in compliance with the law has received the consumer’s payment order.
Consumer Education and Information Conducted by Associations and Alliances
Article 15
Associations and alliances for consumer protection (hereinafter referred to as: associations and alliances) shall provide and conduct education and information of consumers, in an independent and objective manner, which must not contain any form of advertising.
The curriculum of primary and secondary education shall also include education of primary and secondary school students on the basic principles of consumer protection, as well as the rights and responsibilities of consumers.
The ministry competent for consumer protection (hereinafter referred to as: the Ministry) and registered associations and alliances referred to in Article 138 of this Law shall cooperate with primary and secondary schools with a view to educating students about consumer rights and responsibilities.
III UNFAIR COMMERCIAL PRACTICES
Prohibition of Unfair Commercial Practices
Article 16
Unfair trader to consumer commercial practices before, during and after a commercial transaction shall be prohibited.
The burden of proof as regards proving accuracy of the trader’s statements of facts relating to his business practice shall be with the trader.
The trader shall provide proof, at the request of the competent authority, of the accuracy of his statements relating to the commercial practice that he applies.
Notion of Unfair Commercial Practice
Article 17
A commercial practice shall be unfair if:
1) It is contrary to the requirements of professional diligence;
2) It materially distorts or is likely to materially distort the economic behavior with regard to the product of the average consumer whom it reaches or to whom it is addressed, or the behavior of the average member of the group when a commercial practice is directed to a particular group of consumers.
A trader is materially distorting the economic behavior of a consumer if he, through his commercial practices, significantly reduces the possibility for the consumer to achieve the level of information necessary for decision making, due to which the consumer takes an economic decision that he would not have taken otherwise.
The economic decision of a consumer within the meaning of paragraph 2 of this Article shall be any decision taken by the consumer concerning whether, how and on what terms to purchase a product, pay the whole price or part of it, retain or return a product or to exercise some other right in relation to the product that he has on the basis of the contract, whether to act or to refrain from any act (hereinafter referred to as: the economic decision).
Commercial practice which is likely to materially distort the economic behavior only of a clearly identifiable group of consumers who are particularly vulnerable to that type of practice or the underlying product because of their mental or physical infirmity, age or credulity providing that the trader could reasonably be expected to foresee that, shall be assessed from the perspective of the average member of that group of consumers.
Provisions of paragraph 4 of this Article shall not apply to cases of the common and allowed advertising practice that include making statements which are not meant to be taken literally.
In particular, misleading commercial practice and aggressive commercial practice shall be regarded as unfair.
Misleading Commercial Practice
Article 18
A misleading commercial practice, within the meaning of this Law, shall be considered to be a commercial practice of a trader whereby he leads or is likely to lead a consumer to make an economic decision that he would not have taken otherwise, by providing false information or by creating a general impression or in some other manner, even where the information that he provides is factually correct, deceives or is likely to deceive the average consumer in relation to:
1) The existence or nature of the product;
2) The main features of the product, such as the features relating to its availability, benefits, risks, manner of workmanship, use, accessories accompanying the product, after-sale customer assistance and complaint handling, method and date of manufacture or provision of service, delivery, fitness for usage, manner of usage, quantity, specification, country of production and country of origin of the trademark, the results to be expected from its use, or the results of tests or checks carried out on the product;
3) The commitments of the trader and the extent of the trader’s commitments, the reasons for a specific commercial practice and its nature, marking or indicating the person that is indirectly or directly supporting or recommending the trader or the product;
4) The price or the manner in which the price is calculated, or the existence of specific advantages in respect of the price;
5) The need for a service, parts, replacement or repair;
6) The position, attributes or rights of the trader or his agent relating to their identity or assets, qualifications and status, affiliation or connection to, ownership rights, intellectual property rights and approvals that they have, the awards that they have received or distinctions they earned;
7) The consumer's rights, including the rights referred to in Article 51 of this Law or the risks to which he may face.
A misleading commercial practice shall exist if the trader, taking account of all the circumstances of the case in question, causes or is likely to cause the average consumer to make an economic decision that he would not have taken otherwise, by:
1) Advertising a product, including comparative advertising, in a confusing manner which makes harder to distinct the product from other products, trademarks, trade names, or other distinguishing marks of another trader;
2) Breaching the provisions of the Good Commercial Practice Code by which the trader has undertaken to be bound, where such provisions are binding for the trader and capable of being verified, as well as where the trader has indicated in his commercial practice that he is bound by such Code.
Omissions Misleading to Consumers
Article 19
A misleading commercial practice shall exist where the trader, by omitting a specific action, taking account of all the circumstances of the case, the spatial and time limitations of the communication medium used and supplemental measures taken with the aim of informing the consumer:
1) Omits material information that the average consumer needs to adequately make an informed decision, thereby causing or being likely to cause him to make an economic decision that he would not have taken otherwise;
2) Hides material information or provides in an untimely or unclear, unintelligible or ambiguous manner such material information or where he omits to identify the commercial intent of his addressing the consumers, whereby causing or being likely to cause the average consumer to make an economic decision that he would not have taken otherwise.
An invitation to offer and the notification of the features and the price shall include the following as material information, unless something else arises from the context of the case:
1) The main characteristics of the product to an extent appropriate to the product in question and the means of communication used;
2) The name and address of the trader and if the trader acts on behalf of another trader, the name and address of the trader on whose behalf he is acting;
3) The price that shall include the tax and other duties and additional costs, the freight, postal and delivery charges;
4) The rules on payment, delivery and discharging of contractual obligations and on the manner in which customer complaints are handled, if the rules deviate from the requests of professional diligence;
5) Notification of the right to withdraw from contract.
By way of exception to paragraph 2, item 3) of this Article, where due to the characteristics of a product the price or additional charges may not be calculated in advance, the trader shall provide to the consumer data based on which the price or additional charges are calculated.
Forms of Commercial Practice Considered to Be Misleading
Article 20
The forms of commercial practices that are irrespective of the circumstances of individual cases considered to be misleading shall be:
1) False claim that the trader is a signatory to a code of conduct or that he acts in accordance with a specific code of good commercial practice;
2) Unauthorized displaying of a quality mark, trust mark or a similar mark by the trader;
3) False claim of the trader that a certain code of good commercial practice has an endorsement from a state authority or a specific organization;
4) False claim of the trader that his commercial practice or sale of a product has been approved, endorsed or assisted by a specific state authority or a specific organization or a truthful claim of the same content in case that the trader does not comply with the conditions under which the approval, endorsement or assistance has been granted to him;
5) Invitation of the trader to the consumer to make an offer for purchase of a product at a specified price, if the trader conceals the existence of any reasonable grounds for doubt that he shall be able to supply such product or equipment or to engage another trader for the supply of the product at the indicated price, in the quantity and within the time limit that could be expected having regard to the type of product, the scale of advertising and the price offered;
6) Invitation of the trader to the consumer to make an offer for purchase of a product at a specified price, if the trader, with the intention to induce the consumer to purchase some other product, refuses to show to the consumer the product to which the advertising pertains or refuses to take order or to deliver the product within a reasonable time limit or shows to the consumer a damaged sample of the product to which the advertising pertains;
7) False statement of the trader that a product shall only be available for a very limited time, or that it shall only be available on particular terms for a very limited time, in order to elicit an immediate buyer’s decision on the purchase i.e. to deprive the buyer of sufficient opportunity or time required to make a decision based on adequate level of information;
8) Omission of the trader to inform the consumer in an unambiguous manner, before he accepts the offer, that after the sale of a specific product, he will provide after-sales services to the consumer in a language that is not in official use in the Republic of Serbia;
9) False claim of the trader or otherwise creating a false impression that a specific product is in circulation in accordance with the positive regulations;
10) Presenting the rights that are guaranteed to the consumer by the law as a distinctive advantages offered by the trader to the consumer;
11) Using of editorial space in media for advertising of a product, i.e. omission of the trader to point out in the contents of the advertising by means of sounds or images that it is a paid advertising and not the editorial contents;
12) False claim of the trader about the nature and significance of the risk to which the consumer exposes himself or his family if the consumer does not purchase a specific product;
13) Advertising by the trader of a product that is imitating a product of another trader and whereby the consumer is deliberately mislead to falsely conclude that that the product is manufactured by that same trader;
14) Establishing, operating or advertising by the trader of a sale system of a product where a consumer gives consideration for the opportunity to derive proceeds that does not depend on the success of sale of a specific product, but on participation of other consumers in that sale system (a pyramid scheme);
15) False claiming by the trader that he is about to cease trading or move to other business premises;
16) Claiming by the trader that a specific product facilitates winning in games of chance;
17) False claiming by the trader that a specific product is able to cure a specific illness, dysfunction or malformation;
18) Passing on inaccurate information on market conditions or on the possibility of buying a specific product on the market with the intention of inducing the consumer to acquire the product at conditions less favorable than the normal market conditions;
19) Claiming a competition or prize promotion is being organized, if after that the promised prize or an adequate replacement is not awarded;
20) Describing a product by using the words ‘gratis’, ‘free’, ‘without charge’ or other words of similar meaning if the consumer is obliged to pay anything other than the unavoidable cost relating to the commercial practice and collecting or paying for delivery of the product;
21) Including in marketing material an invoice or a similar document demanding payment, which gives the consumer a false impression that he has already ordered the advertised product;
22) Falsely claiming or creating the false impression that the trader is not acting within his business activity, profession or trade, or falsely representing oneself as a consumer (representation as a consumer);
23) Creating the false impression with the consumer that the accompanying after-sales services for a specific product are also available in the territory of another state other than the state in which the product has been sold.
Aggressive Commercial Practices
Article 21
An aggressive commercial practice exists where, taking into account all the circumstances of a concrete case, the trader, by harassment, coercion, including the use of physical force, or undue influence, impairs or is likely to impair the average consumer's freedom of choice or conduct with regard to a specific product and thereby causes the consumer or is likely to cause him to make an economic decision that he would not have made otherwise.
Undue influence, within the meaning of this Law, shall mean exploiting a position of power so as to apply pressure on the consumer, in a way that is significantly limiting the consumer's ability to achieve an adequate level of information in decision-making, irrespective of whether using or threatening to use physical force.
In determining existence of aggressive commercial practice, the following criteria shall be taken into account:
1) The timing, place, nature and duration of the aggressive commercial practice;
2) The use of threatening or abusive language or behavior;
3) The fact that the trader consciously, with the intention to influence the consumer’s decision with regard to the product, exploits any specific misfortune that happened to consumer or hardship in which the consumer is in, that impair his judgment;
4) Any onerous or disproportionate non-contractual barrier imposed by the trader to the consumer who wishes to exercise his contractual right, including the right to terminate or to cancel the contract or to switch to another product or another trader;
5) Any threat by the trader to take any action vis-à-vis the consumer that is not in accordance with the law.
Forms of Commercial Practices Considered to Be Aggressive
Article 22
The forms of commercial practice that shall be considered, irrespective of the circumstances of an individual case, to be aggressive commercial practice shall be:
1) Creating the impression with the consumer that he cannot leave the premises until a contract is concluded;
2) Conducting visits to the consumer, in his residential premises, without his prior consent or contrary to his request that the trader leaves them or not to return, except to enforce a contractual claim;
3) Making multiple and unwanted solicitations to the consumer, by telephone, fax, electronic mail or other means of electronic communications, other than to enforce a contractual claim;
4) Requiring that a consumer which intends to exercise his rights from the insurance policy produce documents that cannot be considered to be of relevance for assessment of the validity of his claim or persistent avoiding to respond to consumer’s claim in order to dissuade the consumer from exercising his contractual rights;
5) Direct exhortation to children or minors by means of an advertising message to buy the advertised product or persuade their parents or other adults to buy advertised product for them;
6) Demanding from the consumer to pay, return or safe keep a product whose delivery he has not solicited;
7) Explicitly informing a consumer that if he does not buy a specific product, the trader’s job or livelihood is in jeopardy;
8) Creating a false impression with the consumer that he has already won or will, on doing a particular act, win a prize or some other benefit when the prize or the benefit does not exist or when taking of another action in order to win the prize or benefit is subject to consumer paying a specified sum of money or incurring certain costs.
Article 23
Sale, serving and gifts of alcohol drinks, including beer, tobacco products and pyrotechnic devices, to persons below the age of 18 shall be prohibited.
In the event of a doubt whether the consumer is a person below the age of 18, the trader shall not sell or serve an alcoholic drink, beer, a tobacco product or a pyrotechnic device until the consumer allows the trader to inspect a valid identity card, passport, or driving license.
Code of Good Commercial Practice
Article 24
The traders or a group of traders who have undertaken to be bound by a certain code of good commercial practice shall abide by the provisions of the code and control the observance of the rules of the code.
The Ministry shall encourage traders or a group of traders who have undertaken to be bound by a certain code of good commercial practice to control the occurrence of unfair commercial practice by traders or group of traders who have undertaken to be bound by such code.
The Ministry shall encourage the traders or the group of traders who have undertaken to be bound by a certain code of good commercial practice to inform the consumers of the existence and contents of such code.
Display of Goods, Accurate Measure and Displaying of Sales Incentives
Article 25
It shall be prohibited to refuse to sell displayed or otherwise prepared for sale goods to a customer or to refuse to provide a service that can be performed, if that is not contrary to another regulation and commercial practice.
Making the sale of goods or the provision of services conditional upon the sale of other goods or the provision of another service shall be prohibited.
The trader shall provide the consumer with the accurate measure or amount of goods and, where appropriate, to permit the consumer to verify such accuracy.
If the trader offers special sales incentives when goods and services are purchased, in accordance with the law governing trade, the trader shall indicate them clearly and visibly, state the conditions for their use, and adhere to them.
IV CONSUMER PROTECTION IN EXERCISING THE RIGHTS FROM DISTANCE CONTRACTS AND OFF-PREMISES CONTRACTS
1. Consumer Information and Right of Withdrawal
Duty to Inform for Distance and Off-Premises Contracts
Article 26
The trader shall, prior to the conclusion of a distance or an off-premises contract, and in addition to the data referred to in Article 12 of this Law, inform the consumer of the following, in a clear and comprehensible manner:
1) Address of operation, if different from the address of registered seat or domicile and the address, fax number and e-mail address of the trader on whose behalf this trader is acting, to which the consumer may file a complaint;
2) Selling price, which shall include the total cost per billing period in the case of a contract of indeterminate duration or a contract containing a subscription; where such contracts provide for payment of a fixed sum, the selling price shall include the total monthly costs; where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be communicated;
3) Cost of using the means of distance communication for the conclusion of the contract where that cost is calculated at a rate different from the basic rate;
4) Conditions, time limit and procedure for exercising the right of withdrawal from the contract in accordance with Article 27 of this Law;
5) Obligation to pay reasonable costs to the trader in compliance with Article 34, paragraph 3 of this Law, if the consumer exercises the right of withdrawal from contract after having made a statement in accordance with Article 27, paragraph 2 of this Law, i.e. supplied the form in accordance with Article 27 of this Law;
6) Where the right of withdrawal from contract is not provided for to the consumer in accordance with Article 36 of this Law, information that the consumer cannot benefit from the right of withdrawal or the circumstances under which the consumer loses his right of withdrawal;
7) Existence of his contractual relationship with the postal operator through which the consumer may, in the event of a complaint due to lack of conformity send the goods at the trader’s expense.
Depending on the circumstances of the case in question and the type of goods, the trader shall also provide the consumer with the following information:
1) Duty of the consumer to bear the cost of returning the goods in the event of withdrawal from contract and, for distance contracts, the costs of returning the goods if the goods, due to their characteristics, cannot be returned by post;
2) Existence of the applicable code of good commercial practice and, where applicable, how the content of such code can be viewed;
3) Minimum duration of the consumer’s contractual obligations in accordance with the contract;
4) Existence and conditions of placing any deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;
5) Possibility of out-of-court dispute resolution.
Provisions of paragraphs 1 and 2 of this Article shall also apply to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or to contracts on supply of heat or delivery of digital content that is not supplied on a durable medium.
In the event of a public auction, the trader information referred to in Article 12, paragraph 1, item 2) of this Law and paragraph 1, item 1) of this Article may be replaced by the equivalent details on the auctioneer.
The information referred to in paragraph 1, items 4) and 5) and paragraph 2, item 1) of this Article may be provided by using the form referred to in Article 27 of this Law.
In the event that the trader fails to discharge the obligation to provide information on the additional costs referred to in Article 12, paragraph 1, item 3) of this Law and paragraph 2, item 1) of this Article, the consumer shall not be obliged to bear such costs.
The trader shall provide the information referred to in paragraphs 1 and 2 of this Article to the consumer in Serbian language.
Information referred to in paragraphs 1 and 2 of this Article shall be integral part of the distance contract or off-premises contract.
The burden of proof concerning the discharging of the obligations in compliance with paragraphs 1 and 2 of this Article and Articles 29 and 30 of this Law shall be with the trader.
Consumer’s Right of Withdraw from Contract
Article 27
The consumer shall have the right to withdraw from a distance or off-premises contract within 14 days, without providing any reason and without incurring any costs other than those referred to in Articles 33 and 34 of this Law (hereinafter: withdrawal from contract).
The consumer shall exercise his right of withdrawal from contract by making a statement that may be given on a prescribed form for withdrawal from a distance or off- premises contract or in some other unambiguous manner (hereinafter: statement of withdrawal).
The statement of withdrawal from contract with distance and off-premises contracts shall be considered timely if dispatched to the trader within the time limit referred to in paragraph 1 of this Article.
The statement of withdrawal from contract shall produce legal effect from the date of dispatch to the trader.
If the trader provides the consumer with the option to complete and submit the withdrawal form electronically, the trader shall notify the consumer without delay of the receipt of the form, in writing or on some other durable medium.
Upon the expiry of the time limits referred to in Article 28 of this Law, the right of the consumer to withdraw from contract shall cease.
The burden of proof that the consumer acted in accordance with the provisions of paragraphs 1 through 5 of this Article, concerning the exercise of the right of withdrawal from contract, shall be borne by the consumer.
The shape and content of the form for withdrawal shall be prescribed by the Minister in charge of consumer protection (hereinafter: the Minister).
Counting of Time Limits for Consumer’s Withdrawal from Contract
Article 28
In case of contracts for the provision of services, the time limit of 14 days for withdrawal from contract shall be counted from the date of conclusion of contract between the consumer and the trader.
In case of contracts for the sale of goods, the time limit of 14 days for withdrawal from contract shall be counted from the date on which the consumer or a third party designated by the consumer, other than the carrier, comes into material possession of the goods.
In case where a customer orders, by using a single order form, several types of goods that are delivered separately, the time limit of 14 days for withdrawal from contract shall begin to run from the date on which the last type of ordered goods comes into material possession of the consumer or a third party designated by the consumer, other than the carrier.
In case where the delivery of goods consists of several shipments and parts, the time limit of 14 days for withdrawal from contract shall begin to run from the date on which the last shipment or part comes into material possession of the consumer or a third party designated by the consumer, other than the carrier.
In case where a contract is concluded for an indefinite period of time with periodic delivery of goods, the time limit of 14 days shall begin to run from the date on which the first shipment of goods comes into material possession of the consumer or a third party designated by the consumer, other than the carrier.
If the trader fails to provide the consumer with the information referred to in Article 26, paragraph 1, item 4) of this Law, in the manner referred to in Article 29, paragraph 1 of this Law and Article 30, paragraph 2 of this Law, the consumer may withdraw from contract within 12 months from the date of expiry of the time limit for withdrawal from contract.
If the trader fails to provide the consumer with the information referred to in Article 26, paragraph 1, item 4) of this Law, in the manner referred to in Article 29, paragraph 1 of this Law and Article 30, paragraph 2 of this Law, but provides the consumer with such information within 12 months from the date of conclusion of the contract, the time limit of 14 days for withdrawal from contract shall begin to run from the date on which the consumer receives the withdrawal form.
The time limit referred to in paragraphs 1 through 7 of this Article shall end upon the expiry of the last hour of the last date of the time limit.
Formal Requirements for Conclusion of Off-Premises Contracts
Article 29
The trader shall deliver to the consumer in writing at the moment of conclusion of the contract, but no later than at the moment of the delivery of goods, the following:
1) The prescribed withdrawal form;
2) Legible and intelligible information referred to in Article 26, paragraphs 1 and 2 of this Law in Serbian language;
3) A copy of the signed contract.
The trader shall obtain the prior consent from the consumer if the delivery of digital content is not performed on a durable medium, as well as confirmation by the consumer of his awareness that such delivery shall result in loss of the right of withdrawal from contract.
The trader may fulfill the obligation referred to in paragraph 1 of this Article on a durable medium, if the consumer agrees.
Where a consumer requests that the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or predetermined quantity or the supply of heat begins during the time limit for withdrawal from contract referred to in Article 28 of this Law, the trader shall require the consumer to make an explicit request for this on a durable medium.
Formal Requirements for Conclusion of Distance Contracts
Article 30
If the trader makes a telephone call to the consumer with a view to concluding a distance contract, such trader shall, at the very beginning of the conversation with the consumer, disclose his identity, as well as the commercial purpose of the call.
The trader shall deliver to the consumer within a reasonable time limit after the conclusion of the contract, but no later than at the moment of the delivery of goods or the beginning of the provision of service, the following on a durable medium:
1) The withdrawal form;
2) Legible and intelligible information referred to in Article 26, paragraphs 1 and 2 of this Law, in Serbian language;
3) The contract or a document on the contract.
The trader shall obtain the prior explicit consent of the consumer if the delivery of digital content is not performed on a durable medium, as well as confirmation by the consumer that he is aware that such delivery shall result in his loss of the right of withdrawal from contract.
If a distance contract, which is to be concluded by electronic means, places the consumer under an obligation to pay, the trader shall provide to the consumer in a clear and legible manner the information referred to in Article 12, paragraph 1, item 1) and paragraph 2, item 1) of this Law and Article 26, paragraph 1, item 1) and paragraph 2, item 3) of this Law and directly before the consumer provides his order form.
Where sending the order form implies acceptance of an obligation to pay, such information must clearly be indicated on the order form or on the push button or another similar function, if sending the order form is performed through their activation.
If the trader fails to comply with the obligation referred to in paragraph 5 of this Article, the consumer shall not be bound by the contract or order form.
Trading websites shall indicate clearly and legibly, at the beginning of the ordering process at the latest, the information on existence of any restrictions concerning delivery and which means of payment are accepted.
Where a consumer requests that the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or predetermined quantity, or the supply of heat, begins within the time limits referred to in Article 28 of this Law, the trader shall require the consumer to submit an explicit request for the conclusion of the contract.
Article 31
The trader shall, within 30 days from the date of conclusion of a distance contract and off-premises contract, perform the delivery of goods or provide the service, unless where agreed otherwise.
The trader shall notify the consumer without delay that the delivery of the contracted goods or the provision of contracted services is not possible.
Provisions of this Law providing for consumer protection in exercising rights from the sales contracts shall apply mutatis mutandis to obligations of traders and consumer rights relating to delivery in accordance with the contract on the sale of goods or provision of services, which is a distance contract or an off-premises contract.
Legal Consequences of Withdrawal from Contract
Article 32
If the consumer exercises the right of withdrawal from contract in accordance with Article 27 of this Law, it shall be considered that the contract has not been concluded, resulting in obligations prescribed by Articles 33 and 34 of this Law.
Obligations of the Trader in Cases of Withdrawals from Contracts
Article 33
The trader shall reimburse all payments received from the consumer without delay, including the costs of delivery, and no later than 14 days from the day he received the withdrawal form.
The trader shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has explicitly agreed to using another means of payment and provided that the consumer does not incur any costs as a result of such reimbursement.
By way of exception to paragraph 1 of this Article, the trader shall not be obliged to reimburse the additional costs resulting from an explicit consumer’s request for delivery other than the least expensive type of standard delivery offered by the trader.
Unless the trader has offered to collect the goods, the trader may withhold the reimbursement until receiving the goods to be returned back, or until the consumer has supplied proof of having sent the goods to the trader, whichever is earlier.
The trader shall collect, at his own expense, the goods that have been delivered to the consumer’s home at the time of the conclusion of the off-premises contract, if, by their nature, those goods cannot normally be returned through a postal operator.
Obligations of Consumer in the Event of Withdrawal from Contract
Article 34
The consumer shall return the goods to the trader or to a person authorized by the trader, without delay and no later than 14 days from the date of dispatch of the withdrawal form.
The goods shall be considered to be returned within the required time limit if the consumer has sent the goods prior to the expiry of the time limit of 14 days referred to in paragraph 1 of this Article.
The consumer shall bear only the direct cost of returning the goods, unless the trader has agreed to bear such cost or unless the trader has failed to inform the consumer beforehand that the consumer is obligated to bear such cost.
The consumer shall only be liable for the diminished value of the goods resulting from any handling of the goods in a manner that is not adequate, i.e. that is beyond what is necessary to establish the nature, characteristics and functionality of the goods.
The consumer shall not be liable for the diminished value of the goods where the trader has failed to provide the notification of the right of withdrawal from contract in accordance with Article 26, paragraph 1, item 4) of this Law.
Where the consumer exercises the right of withdrawal from contract after having made a request in accordance with Article 29, paragraph 4 or Article 30, paragraph 8 of this Law, he shall pay to the trader the amount proportionate to the services provided until the moment when the consumer informed the trader of exercising of the right of withdrawal from contract.
The proportionate amount to be paid by the consumer to the trader shall be calculated on the basis of the selling price agreed in the contract, which cannot be higher than the market value of what has been delivered.
The consumer shall not bear any costs for:
1) The service provided or for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or predetermined quantity, or supply of heat, in full or in part, during the withdrawal period, where:
(1) The trader has failed to provide information in accordance with Article 26, paragraph 1, items 4) and 5) of this Law; or
(2) The consumer has not explicitly requested the performance to begin during the contract withdrawal time limit in accordance with Article 29, paragraph 4 or Article 30, paragraph 8 of this Law;
2) The supply, in full or in part, of digital content that is not supplied on a durable medium, where:
(1) The consumer has not given prior explicit consent to the commencement of performance prior to expiry of the time limit of 14 days for withdrawal from contract;
(2) The consumer has not confirmed that he is aware that by giving consent he loses the right of withdrawal from contract; or
(3) The trader has failed to provide confirmation in accordance with Article 29, paragraph 2 or Article 30, paragraph 3 of this Law.
Except as provided for in this Article, the consumer shall not incur any liability as a consequence of the exercise of the right of withdrawal from contract.
Effects of Exercise of the Right of Withdrawal from Contract on Ancillary Contracts
Article 35
In the event that the consumer exercises the right of withdrawal from contract, any ancillary contracts shall be automatically rescinded, without any costs for the consumer, including the costs referred to in Articles 33 and 34 of this Law.
The provision of paragraph 1 of this Article shall also apply to credit agreements linked to consumer contracts, regardless of whether the credit has been approved to the consumer by the trader or by a third party.
Where the credit is approved to the consumer by a third party for the purpose of financing the liabilities from a specific contract with the trader:
1) The trader shall notify the creditor about the withdrawal from the contract;
2) The creditor shall, without delay, reimburse to the consumer the amount, inclusive of the interest, paid by the consumer until the withdrawal from the contract, and no later than 30 days from the day he has been notified of the withdrawal from the contract.
Exemptions from the Right of Withdrawal from Contract
Article 36
The consumer shall not be entitled to withdraw from a contract in case of:
1) Provision of service, when the service has been fully performed, if the provision of the service has begun following the consumer’s prior explicit consent, and his confirmation of that he is aware of losing the right of withdrawal from the contract once the contract has been fully performed by the trader;
2) Delivery of goods or provision of services the price of which is dependent on the changes on fluctuations in the financial market that are beyond trader’s control and that may occur within the withdrawal period;
3) Delivery of goods produced according to consumer’s special requirements or clearly personalized;
4) Delivery of perishable goods or goods with short shelf life;
5) Delivery of sealed goods that cannot be returned due to health protection or hygiene reasons and have been unsealed after delivery;
6) Supply of goods that are, after delivery, due to their nature, inseparably mixed with other goods;
7) Supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, and delivery of which can only take place 30 days from the conclusion of the contract, and the actual price of which is dependent on fluctuations in the market that are beyond trader’s control;
8) Contracts whereby the consumer has explicitly requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal from contract shall apply to those additional services or goods;
9) Supply of sealed audio or video recordings, or computer software that have been unsealed after delivery;
10) Supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
11) Contracts concluded at a public auction;
12) Provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific time limit or period of performance;
13) Supply of digital content that is not supplied on a durable medium if the performance has begun after consumer’s prior explicit consent and his acknowledgment that in this way he loses the right of withdrawal from contract.
2. Restriction of Use of Certain Means of Distance Communication
Article 37
Direct marketing through phone, fax or electronic mail shall be prohibited without the prior consent of the consumer.
Direct marketing through other means of distance communication shall be prohibited without the prior consent of the consumer.
Making calls and/or sending messages by the phone to the consumers whose telephone numbers are entered in the register of consumers not wishing to receive calls and/or messages within promotions and/or sale on the phone shall be prohibited.
The register referred to in paragraph 3 of this Article shall be maintained with the regulatory body in charge of electronic communications and it shall comprise the name and surname of the consumer, the unique citizen’s identification number of the consumer, the telephone number and the date of registration with the register.
The register referred to in paragraph 3 of this Article shall be public in the part thereof relating to the telephone numbers and date of registration with the register.
Irrespective of the registration with the register referred to in paragraph 3 of this Article, consumer’s consent to direct marketing provided to the trader prior to or following the registration with the register shall be valid until the recall thereof made in compliance with the Law on Personal Data Protection.
Registration or deregistration from the register referred to in paragraph 3 of this Article shall be performed free of any charge by the electronic communications operator that is under contract with the consumer on the use of publicly available electronic communications services, based on the application provided by the consumer to the operator on the prescribed form.
The electronic communications operator shall register or deregister data referred to in paragraph 4 of this Article in the register referred to in paragraph 3 of this Article within seven days from the date of receipt of the consumer’s application.
On the occasion of registration with the register referred to in paragraph 3 of this Article, the consumer may leave in force or recall the previously provided consent for receiving calls and/or message within the promotion and/or sale through phone.
The Minister shall prescribe in more detail the method of registration and deregistration, the conditions and method of use and maintenance of the register referred to in paragraph 3 of this Article and the application form for registration in and deregistration from the register.
If the consumer has explicitly agreed to marketing by phone, fax, electronic mail or other means of distance communication, the trader shall, prior to advertising certain goods or services, inform the consumer of the commercial nature of the communication, in a clear and unambiguous manner, in Serbian language.
When processing personal data of the consumer, the trader shall act in compliance with the regulations governing protection of personal data.
Article 38
The supply goods or provision of services to the consumer involving a request for payment, without their being ordered by the consumer beforehand, shall be prohibited.
Where in the case referred to in paragraph 1 of this Article the consumer fails to provide response on the goods that have been supplied or the services that have been provided, the offer shall not be considered to be accepted by the consumer.
No claims against the consumer may be grounded on the delivery of unsolicited goods or provision of services and the consumer shall be entitled to keep the delivered goods without payment, i.e. not to pay for the supplied services.
It shall not be considered as the case under paragraph 1 of this Article if the trader:
1) Delivers other goods or provides another service of the same price and quality to the consumer instead of ordered goods or service;
2) Informs the consumer that he is neither obligated to accept the unsolicited goods or service, nor to bear the costs of sending the goods back to the trader.
Advertising Using Means of Distance Communication
Article 39
When advertising through the means of distance communication, the trader shall make the advertising nature of a message and the identity of the legal or natural person on whose behalf the advertising is done in a clear and comprehensible manner.
The trader shall mark the promotional games, competitions and special offers in a clear and comprehensible manner and publish the conditions for participation in the promotional game or competition or the conditions under which special offer is valid in a manner that is easily accessible, clear and comprehensible to the consumer.
V CONSUMER PROTECTION IN EXERCISING RIGHTS FROM CONTRACTS CONTAINING UNFAIR CONTRACT PROVISIONS
Article 40
A contract provision shall be binding on consumer if it is expressed in plain, clear and intelligible language, and if it is comprehensible to a reasonable person of the consumer’s knowledge and experience.
The trader shall inform the consumer with the content of a contract provision before conclusion of the contract, in a manner that gives a real opportunity to the consumer to become acquainted with the provision’s content, with due regard to the means of communication used.
A contract provision shall be binding on the consumer if the consumer has agreed to it.
A contract provision pre-drafted by the trader in a manner indicating that the consumer has accepted it unless he explicitly opts out of that provision, shall not be binding for the consumer.
Interpretation of Contract Provisions
Article 41
Ambiguous provisions of the contract between the consumer and the trader shall be interpreted in favor of the consumer.
Article 42
Unfair contract provisions shall be null and void.
Each contract provision that, contrary to the principle of good faith, has as a consequence a significant disproportion in the rights and obligations of contractual parties to the detriment of the consumer shall be unfair.
Criteria based on which it shall be determined whether a specific contract provision is unfair shall be:
1) Nature of the goods or services that the contract relates to;
2) Circumstances under which the contract is concluded;
3) Other provisions of the same contract or another related contract;
4) Manner in which agreement has been reached on the content of the contract and the manner in which the content of the contract has been communicated to the consumer.
Contract Provisions Considered as Unfair
Article 43
Contract provisions that have the following subject matter or effect shall be considered as unfair, regardless of the circumstances of a particular case:
1) Excluding or limiting the liability of the trader for death or personal injury caused to the consumer through an act or omission of the trader;
2) Limiting the trader's obligation to perform, i.e. accept obligations taken over on his behalf or for his account by a proxy i.e. an agent, or linking the obligation of the trader to perform i.e. accept the obligations taken over on his behalf or for his account by the proxy i.e. the agent with a particular condition whose fulfillment solely depends on the trader;
3) Excluding or restricting the consumer's right to take legal action or exercise any other legal remedy for the protection of his rights, particularly by imposing the obligation on the consumer to take disputes exclusively to arbitration in the manner contrary to the provisions of this Law;
4) Preventing or limiting the possibility for the consumer to get acquainted with the evidence or imposing a burden of proof on the consumer that, in accordance with the law, should be with the trader;
5) Setting territorial jurisdiction of the court outside the domicile, i.e. residence of the consumer.
The unfair contract provision referred to in paragraph 1 of this Article shall also be considered to be the contract provision based on which the trader has:
1) Exclusive right to determine whether the supplied goods or provided services are in conformity with the contract;
2) Exclusive right to interpret the contract provisions.
Contract Provisions Presumed to be Unfair unless Proven Otherwise
Article 44
The contract provisions presumed to be unfair unless proven otherwise shall be the contract provisions that have the following subject matter or effects:
1) Limiting or excluding the rights of the consumer vis-à-vis the trader or a third party in the event of the total or partial non-performance by the trader of a contractual obligation, including the limitation or exclusion of the right of the consumer to offset a debt owed to the trader against a claim that the consumer has against him;
2) Giving the trader authorization to retain everything received from the consumer in case that the consumer breaches a contractual obligation or refuses to conclude the contract, if the same right is not guaranteed to the consumer;
3) Obligating the consumer that has breached a contractual obligation to pay to the trader damages that significantly exceed the damage suffered;
4) Entitling the trader to unilaterally terminate the contract at any time, if the same right is not guaranteed to the consumer;
5) Entitling the trader to unilaterally terminate an open-ended contract without reasonable notice period, except in case where the consumer has failed to perform his contractual obligations;
6) Tacit extension of a fixed-term contract, when the consumer fails to make a statement, if the time limit for the consumer to make the required statement that he does not accept the extension is inappropriately short in relation to the term for which the contract is concluded;
7) Entitling the trader to increase the agreed price, if the contract is concluded without giving the consumer right to terminate the contract in such a case;
8) Obligating the consumer to fulfill all his contractual obligations in case that the trader fails to fulfill his contractual obligations in their entirety;
9) Granting authorization to the trader to transfer his contractual obligations to a third party without consumer’s consent;
10) Restricting the consumer’s right to resell the goods by limiting the transferability of the warranty provided by the trader;
11) Giving the trader authorization to unilaterally alter the content of the contract provisions, including the characteristics of the goods or services;
12) Unilateral modification of contract provisions communicated to the consumer on a durable medium, by communicating new provisions to which the consumer has not consented through the means of distance communication.
VI CONSUMER PROTECTION IN EXERCISING OF RIGHTS ARISING FROM SALES CONTRACTS
1. Delivery and Passing of Risk
Article 45
The seller shall hand over to the consumer the goods or a legal instrument based on which the goods can be claimed, without any delay, and no later than 30 days from the conclusion of the contract, unless where agreed otherwise.
The seller shall hand over the goods of the agreed quantity and quality to the consumer.
Where the seller, in addition to the sale, offers delivery of goods at the address specified by the consumer, the trader shall deliver the goods within the agreed time limit and in the agreed condition, with a mandatory written certificate on the issuance of goods.
The seller shall legibly and clearly write down the period of delivery of the goods on the bill or another legal instrument.
The delivery of goods at the address specified by the consumer shall not be considered proper delivery if the goods are left in front of the door of the house or apartment, or in another place.
Where the seller operates a telephone line for consumers for the purpose of contacts relating to conclusion and realization of contracts, such trader shall ensure that calls are charged no more than the regular rate.
Documentation Accompanying the Goods
Article 46
The seller shall hand over to the consumer instructions for use and installation, and other information allowing the consumer to get acquainted with the characteristics of the goods, bearing in mind its nature, features, intended purpose or in accordance with special regulations, in Serbian language, in a clear and comprehensible manner.
The instructions referred to in paragraph 1 of this Article can be drawn up in a separate writ, attached to or printed on the goods or their packaging, in the form of text, picture or drawing, as well in combination of these forms.
Contract Termination Due to Delivery Failure
Article 47
Where the seller fails to deliver the goods within the agreed time limit, and the fulfillment of the obligation within such time limit constitutes an essential element of the contract or where the consumer has informed the seller, prior to the conclusion of the contract, that delivery on a specified date and/or within the agreed delivery time limit is essential for him, the contract shall be terminated by operation of law.
In the case referred to in paragraph 1, the consumer may keep the contract alive if he provides, without delay, an additional time limit for the fulfillment of the contract.
If the trader fails to deliver the goods within the additional time limit, the contract shall be terminated by operation of law.
In the case of the termination of contract, the seller shall, immediately, and no later than three days following the termination of contract, reimburse the consumer for the entire amount paid under the contract.
Article 48
The risk of accidental loss of or damage to the goods until the moment of handover of the goods to the consumer or a third party designated by the consumer which is not a carrier or shipper, shall be borne by the seller.
The risk of accidental loss of or damage to the goods following the moment of handover of the goods to the consumer or a third party designated by the consumer which is not a carrier or shipper, shall be borne by the consumer.
The risk referred to in paragraphs 1 and 2 of this Article shall not pass to the consumer if the consumer has terminated the contract or requested replacement of goods because the goods handed over to him are not in conformity with the contract.
If the handover of goods is not performed due to the groundless refusal of the consumer or a third party designated by the consumer which is not a carrier or shipper, to receive the goods, or if they unfoundedly prevent the delivery by their behavior, the risk referred to in paragraphs 1 and 2 of this Article shall pass to the consumer upon the expiry of the delivery time limit, or within 30 days from the conclusion of the contract if the delivery time limit is not agreed upon.
Article 49
The seller shall deliver the goods that are in conformity with the contract.
Delivered goods shall be presumed to be in conformity with the contract:
1) If they comply with the description provided by the seller and if they possess the properties of the goods that the seller has presented to the consumer as the sample or model;
2) If they possess the properties required for the specific use for which the consumer acquires them, and which has been or must have been known to the seller at the time of the conclusion of the contract;
3) If they possess the properties required for regular use of the goods of the same type;
4) If according to quality and performance they correspond to what is usual in goods of the same type and what the consumer can reasonably expect given the nature of the goods and taking into account any public promises on the specific characteristics of the goods made about them by the seller, producer or their representatives, particularly if the promise is given through advertisements or on the packaging of the goods.
Liability for Lack of Conformity
Article 50
The seller shall be liable for any lack of conformity of the delivered goods with the contract if:
1) It was present at the moment of passing of the risk to the consumer, irrespective of whether the seller knew about that lack of conformity;
2) It has occurred after passing of the risk to the consumer, and derives from a cause that has existed prior to passing of the risk to the consumer;
3) It could have easily been noticed by the consumer, but the seller declared that the goods were in conformity with the contract.
The seller shall also be liable for any lack of conformity occurring due to improper packaging, incorrect installation or assembly executed by him or a person under his supervision, as well as for incorrect installation or assembly of the goods due to a shortcoming in the instructions the trader has handed to the consumer for the purpose of independent installation or assembly.
The seller shall not be liable for the lack of conformity if, at the moment of contract conclusion, the consumer knew or could not be unaware of the lack of conformity of the goods with the contract, or if the cause of the lack of conformity was the material provided by the consumer.
The seller's liability for lack of conformity with the contract shall not be limited or excluded contrary to the provisions of this Law.
The seller shall not be bound by a public promise in regard to the characteristics of goods if:
1) He was not, or could not reasonably have been, aware of the given promise;
2) By the time of the conclusion of the contract, the corrected promise had been published;
3) The consumer’s decision to conclude the contract could not have been influenced by the promise.
Request for Elimination of Non-conformity
Article 51
If the goods delivered do not conform to the contract, the consumer who has notified the seller about the lack of conformity shall be entitled to demand that the seller eliminates such lack of conformity, without any charge, through repair or replacement, or to demand an adequate price reduction or to terminate the contract in relation to those goods.
The consumer shall be entitled to choose between repair and replacement as a method of elimination of the non-conformity of the goods.
If the elimination of non-conformity in accordance with paragraph 2 of this Article is not possible, the consumer shall have the right to demand an adequate price reduction or termination of the contract if:
1) The lack of conformity cannot be eliminated by repair or replacement at all, or within the due term;
2) The consumer cannot exercise the right to repair or replacement, i.e. if the seller has not completed the repair or replacement in due term;
3) The repair or replacement cannot be completed without significant inconveniences for the consumer taking into account the nature and the intended purpose of the goods;
4) Elimination of the lack of conformity by repair or replacement represents a disproportionate burden for the seller.
The disproportionate burden for the seller within the meaning of paragraph 3, item 4) of this Article is present where, compared to the price reduction and termination of the contract, it imposes excessive costs, taking into account:
1) The value the goods would have if they were in conformity with the contract;
2) The significance of conformity in the case in question;
3) Whether the lack of conformity can be eliminated without causing significant inconveniences for the consumer.
The consumer shall be entitled to request a replacement, an adequate price reduction or to terminate the contract for the same or another lack of conformity that appears after the first repair, and the repeated repair shall only be possible upon the consumer’s express consent.
Any repair or replacement must be completed in due term, without significant inconveniences for the consumer and with his consent, taking into account the nature of the goods and the purpose for which the consumer acquired the goods.
If the lack of conformity appears within the six months from the date of passing of the risk to the consumer, the consumer shall be entitled to choose between the requests to eliminate the non-conformity by replacement or an adequate price reduction, or to state that he terminates the contract.
If the lack of conformity appears within six months from the date of passing of the risk to the consumer, the removal of the lack of conformity by repair shall be possible upon the consumer’s express consent.
Any costs necessary to restore the goods to conformity with the contract, and in particular the costs of labor, material, taking over and delivery, shall be borne by the seller.
In the case of the seller’s obligations to the consumer stemming from the lack of conformity of goods, the seller shall have the right to demand from the manufacturer, in the supply chain of such goods, a compensation for what the trader has fulfilled on the basis of that obligation.
The consumer may not terminate the contract if the lack of conformity of the goods is minor.
The rights referred to in paragraph 1 of this Article shall be without prejudice to the consumer’s right to demand from the seller compensation for damage arising from the lack of conformity of the goods, in accordance with the general rules on liability for damage.
Time Limits and Burden of Proof
Article 52
The seller shall be responsible for any lack of conformity of the goods with the contract that becomes apparent within two years from the date of passing of the risk to the consumer.
If any lack of conformity occurs within six months from the date of passing of the risk to the consumer, the lack of conformity shall be presumed to have existed at the moment of the passing of the risk, unless it is incompatible with the nature of the goods and the nature of the specific lack of conformity. The burden of proof that there has been no lack of conformity shall be with the seller.
In case of sale of the second-hand goods, a shorter period may be agreed during which the seller shall be liable for the lack of conformity, which may not be shorter than one year.
The time limits prescribed in paragraphs 1 through 3 of this Article shall not run in the period that the seller uses to eliminate the lack of conformity.
Article 53
A warranty shall mean any statement of an undertaking by a warrantor relating to the goods, and it shall be legally binding under the conditions set out in the statement, as well as in the advertising associated to such goods.
The warranty card shall be a legal instrument in written or electronic form or in some other durable medium, which contains all the data of the warranty, indicated in a clear and legible manner, in easily comprehensible language, and particularly information on:
1) The rights of the consumer on the basis of this Law, and that the warranty does not exclude or affect the consumer’s rights stemming from the seller’s legal liability for the lack of conformity of the goods with the contract;
2) The name and address of the warrantor;
3) The name and address of the seller, if the trader is not also the warrantor;
4) The date of handover of the goods to the consumer;
5) Particulars identifying the goods (model, type, serial number, etc.);
6) The contents of the warranty, the conditions and procedure for exercising of the rights from the warranty;
7) The duration of the warranty period and the territorial scope of the warranty.
For the purpose of the provided warranty, the trader shall produce the warranty card referred to in paragraph 2 of this Article that, as a rule, shall be drafted in written form, on paper.
The trader shall hand over to the consumer the warranty card referred to in paragraph 2 of this Article if the goods are sold with the warranty.
The warranty card may also be issued in electronic form or in another durable medium accessible to the consumer, upon the consumer’s consent.
The burden of proof that the warranty card has been handed over to the consumer shall be with the trader.
The validity of the warranty shall not be affected by a violation of the obligation of the warrantor referred to in paragraph 2 of this Article, and the consumer may demand that the warranty be honored in accordance with the statement given.
The warranty shall not exclude or affect the consumer’s rights concerning the conformity of the goods with the contract.
Article 54
When concluding sales contracts and in advertising associated with the sale, the trader shall refrain from using the term "warranty" and any other expression with that meaning, if based on a sales contract, the consumer does not receive more rights compared to the rights he/she is already entitled to stemming from the legal liability of the trader for the lack of conformity of the goods with the contract or other rights in compliance with this Law.
Complaint and Method to Resolve Complaint
Article 55
The consumer may file a complaint with the seller in order to exercise his rights referred to in Article 51 and Article 80 of this Law, as well as due to erroneously calculated price and other deficiencies.
The consumer may file a complaint with the seller in order to exercise his rights referred to in Article 53 of this Law within the time limit within which the seller’s liability for any lack of conformity is provided for, and following the expiry of such time limit, the complaint shall be filed with the warrantor.
The trader shall receive a filed complaint.
The seller shall visibly display at the point of sale information on the method of and place for receiving complaints, as well as to ensure the presence of a person authorized to receive complaints during working hours.
The consumer may state a complaint orally at the point of sale where the goods have been purchased or at another location specified for receipt of complaints, by telephone, in writing, electronically or on a durable medium, by submitting receipt or other proof of purchase for inspection (a copy of receipt, slip, etc.).
The seller shall keep records of received complaints and store them for two years at the minimum from the date of submission of consumers’ complaints. When processing the consumers’ personal data, the seller shall act in compliance with the regulations governing protection of personal data.
The seller shall issue to the consumer without any delay a written certificate confirming the receipt of the complaint, or confirm it electronically, i.e. communicate the number under which his complaint is registered in the records of received complaints.
The records of received complaints shall be maintained in the shape of a bound book or in electronic form and they shall in particular comprise the name and surname of the person filing the complaint and the date of receipt of the complaint, information on the goods, brief description of the lack of conformity and of the request made in the complaint, date of issuance of the certificate of receipt of the complaint, decision on the reply to the consumer, delivery date of such decision, the contractual due term for settlement to which the consumer has given consent, method and date of settlement of the complaint, as well as information regarding extension of the time limit for complaint resolution.
The seller shall provide a reply to the consumer’s complaint without any delay, and no later than eight days from the date of receipt of complaint, either in written form or electronically. The seller’s reply to consumer’s complaint must include a decision on whether the consumer’s complaint is accepted, an explanation if the complaint is not accepted, a statement regarding the consumer’s request relating to the method of resolution and a specific proposal of the time limit and method of complaint resolution in case that he has accepted it. The time limit for resolution of a complaint may not exceed 15 days, i.e. 30 days in the case of technical goods and furniture, from the date of submission of complaint.
The seller shall proceed in accordance with the decision and proposal for resolution of the complaint, if he has obtained the consumer’s prior consent. The time limit for resolution of the complaint shall be suspended when the consumer receives the seller’s reply referred to in paragraph 9 of this Article and it shall begin to run anew when the seller receives the consumer’s statement. The consumer shall make a statement on the seller’s reply no later than three days from the date of receipt of the seller’s reply. In case that the consumer fails to make a statement within the prescribed time limit, it shall be considered that he has not agreed to the seller’s proposal referred to in paragraph 9 of this Article.
In the event that, for objective reasons, the seller is unable to meet the consumer’s request within the agreed time limit, he shall inform the consumer of the extension of the time limit for complaint resolution and to specify the time limit in which such complaint will be resolved, as well as obtain his consent, which the seller shall enter into the records of received complaints. The time limit for complaint resolution may only be extended once.
In the event that the seller rejects the complaint, he shall inform the consumer of the possibility of out-of-court resolution of dispute as well as of the bodies competent for out-of-court resolution of consumer disputes.
The inability of the consumer to deliver packaging of the goods to the seller may not be a condition for complaint resolution or a reason for the refusal to restore the goods to conformity.
In the event that the seller resolves a complaint stated orally in accordance with the consumer’s request made when the complaint is stated, he shall not be obliged to act in the manner envisaged in paragraph 7 and paragraph 9 of this Article.
Article 56
The goods and services on the market that are used or that are likely to be used by consumers must be safe, in accordance with the regulations governing product safety.
The traders that make available goods and services on the market, which are used or likely to be used by the consumers, shall meet the safety requirements for products specified by special regulations.
Procedures in Cases of Jeopardizing Consumer Rights
Article 57
In case of reasonable suspicion that the consumer's right to safety has been jeopardized, i.e. that the protection of consumers has been endangered by goods and services that are hazardous to life, health, property or the environment, or by goods possession or use of which is prohibited, the Minister shall recommend to the Government to pass a decision on urgent implementation of a joint or coordinated emergency inspection by all competent inspection authorities.
VIII LIABILITY FOR DEFECTIVE PRODUCTS
Article 58
A defect shall exist where a product fails to provide the safety that is rightfully expected taking into account all the circumstances, including advertising, the use of product which could have reasonably been expected and the time the product was put into circulation.
A product shall not be considered defective for the sole reason that a better quality product has subsequently been put into circulation.
Right to Compensation for Damage
Article 59
The injured person shall be entitled to compensation for damage if he proves that he has suffered damage, that the product has had a defect and that there is a causal relationship between such defect and damage incurred.
The injured person shall be entitled to compensation for non-pecuniary damage in accordance with the general rules on liability for damage.
Article 60
The producer shall be liable for the damage incurred by the defective product irrespective of whether he has been aware of the defect.
Article 61
The producer shall not be liable for the damage incurred through a defective product if he proves that:
1) He has not put the product into circulation;
2) The defect did not exist at the time when he put the product into circulation or it has come into existence afterwards;
3) The product was not manufactured by the producer for sale or for other type of putting into circulation, and that product has not been manufactured within his business activity;
4) The defect has been generated due to bringing of the product properties in line with the regulations passed by the competent authority.
The producer of a component part of a product shall not be liable for the damage caused by a defective product if he can prove that the defect is attributable to the design of the product or the effect of the instructions given by the producer.
The producer may be partially or completely released from liability for damage from a defective product if the injured person or a person for whom the injured person is responsible has contributed to the occurrence of damage through their fault.
Where a third party partially contributed to damage from a defective product, the producer shall be exclusively liable.
Liability of Several Persons for the Same Damage
Article 62
Where several persons are liable for damage from a defective product, they shall be held liable jointly and severally.
Article 63
Limitation period of three years shall apply to claims for the recovery of damages, starting from the date when the injured party became aware of the damage, the defect and the identity of the producer.
The limitation period for the claim referred to in paragraph 1 of this Article shall in any case expire upon the expiry of the time limit of ten years from the date on which the producer has put the defective product into circulation.
Limitation and Exclusion of Liability
Article 64
The liability of the producer for damage caused by a defective product may not be limited or excluded by contract.
IX CONSUMER PROTECTION IN EXERCISING OF RIGHTS FROM SERVICE PROVISION CONTRACTS, EXCEPT FOR THE SERVICES OF GENERAL ECONOMIC INTEREST
Article 65
If it is agreed upon that the seller manufactures the object using their own material, the quality of which is not contractually agreed, the trader shall provide material of average quality.
The provisions of Articles 49 through 54 of this Law shall apply mutatis mutandis to the seller’s liability with regard to the quality of the material used.
Material Supplied by the Consumer
Article 66
The seller shall be liable for damage caused by a defect in material that was noticed or should have been noticed by the trader, if the trader omits to warn the consumer about defects in the material obtained from him.
If the consumer demands that the object is manufactured from the material whose defects were indicated by the seller, the seller shall proceed according to the consumer’s demand, except where it is obvious that the material is not suitable for ordered work or that manufacturing of object from such material may harm the reputation of the seller, in which case the seller may terminate the contract.
The seller shall warn the consumer of the defects in his order, as well as of other circumstances that the trader has been aware of or should have been aware of, which may be of importance for the ordered job or the timeliness of the performance thereof, otherwise the trader shall be held liable for damage.
Article 67
A service shall be considered provided upon completion of the contracted work.
If the object which is the subject matter of the contractual obligation, is in the possession of the seller, the service shall be considered provided upon completion of the contracted work and the object is returned to the consumer.
If the time period for completion of the service is not contractually agreed, the seller shall provide the service within an appropriate period required for the provision of a similar service.
The seller shall not be liable for any delay caused through consumer’s fault.
Article 68
Unless otherwise agreed, the seller shall acquire the material and spare parts necessary for the provision of the service.
The seller shall provide the service as agreed under the contract, by the rules of his profession and with professional diligence.
Delegating to a Third Party to Perform the Service
Article 69
The seller may delegate the performance of the service to a third party, unless the contract or the nature of the work dictates otherwise.
In the case referred to in paragraph 1 of this Article, the seller shall be responsible for the performance and conformity of the service.
Performance of Additional Works
Article 70
If any additional work becomes necessary in the course of the provision of a service, the seller shall acquire the consent from the consumer for performance of additional work.
The seller may perform additional work where he cannot acquire consumer’s consent for additional work within a reasonable time, if the price charged for it is marginal in relation to the agreed price for the service i.e. estimated price.
If the maximum price of service is fixed under the contract, and the consumer’s consent for performance of additional work cannot be obtained within a reasonable time, the price may not be increased due to the costs of performance of additional work.
The seller shall notify the consumer of the hazards to health and property from postponing of performance of additional work.
Article 71
The seller shall allow the consumer to:
1) Control the performance of work;
2) Give instructions when this is in line with the nature of the work.
In the event that the seller does not observe the obligations referred to in paragraph 1 of this Article, it shall be considered that the service provided is not in conformity with the contract.
Article 72
Where it is established, either upon conclusion of the contract or thereafter, that the service, taking into account the price, value and other characteristics of the service or other circumstances, is obviously not suitable for consumer’s needs or that its price is significantly higher than the amount that the consumer could reasonably expect, the seller shall notify the consumer thereof without delay.
Where the seller is not able to notify the consumer of the facts referred to in paragraph 1 of this Article within an appropriate period of time or where the consumer fails to address the necessary instructions to the seller, the seller must suspend the performance of the service, unless where it can reasonably be assumed that the consumer’s intention is that the provision of the service continues.
In the event that the seller does not comply with the obligations referred to in paragraphs 1 and 2 of this Article, it shall be considered that the service provided is not in conformity with the contracted service.
Article 73
The seller may demand from the consumer remuneration for preliminary examination of the content or price of the service performed at the request of the consumer, unless where the consumer, taking into account the common practice or similar circumstances, could expect that the preliminary examination would be undertaken without charge.
The seller cannot demand from the consumer any remuneration for work, consumables or other costs if the subject matter of the contractual obligation that was in possession of the seller has been destroyed, damaged or lost without the consumer’s liability.
Article 74
For provision of services the price of which is higher than RSD 5,000, the seller shall make a calculation on a durable medium with a specification of the service. Prior to commencing to provide the service, the seller shall acquire a written consent from the consumer to the calculation.
If the price has been contractually agreed based on an explicit seller’s claim regarding the accuracy of calculation, the seller may not demand any increase of the price.
If the price has been contractually agreed without an explicit seller’s claim regarding the accuracy of calculation, the seller may not demand an increase of the price by more than 15% of the calculation, except where contractually agreed otherwise.
The calculation shall relate to the price charged for the service, unless where contractually agreed otherwise.
In case of a dispute as to whether the contractually agreed amount represents the price or the calculation, the burden of proof shall be with the seller.
Payment of Price and Itemization
Article 75
If a payment period for the service has not been contractually agreed, the consumer shall pay the price following the performance of the service as provided for in Article 67 of this Law.
The consumer shall not be obliged to pay the price before an examination and approval of the performed service.
In case that the contractual obligation of the seller includes multiple separately charged services, the seller shall provide an itemization of the selling price in writing, for the purpose of determining the prices for each of the services provided.
The consumer may refuse to pay the price until delivery of the itemization referred to in paragraph 3 of this Article.
Omission by the Consumer to Pay the Price
Article 76
If the consumer is defaulting on payment of price or part of the price in advance, the seller may suspend provision of the service until the price is paid.
The seller shall notify the consumer without delay of the suspension of the provision of the service.
Where the suspension of the provision of a service may be a cause of a danger of damage to health or a significant damage to property, the seller shall be obliged to remove the danger of the occurrence of damage.
The consumer shall compensate the seller for the costs incurred due to suspension of the provision of service referred to in paragraphs 1, 2 and 3 of this Article.
Termination of Contract Due to Deviation from Contractual Terms
Article 77
If, during the provision of a service, it is established that the seller does not comply with the terms of the contract, i.e. that he does not provide the service in compliance with the contract, which has caused a danger of the lack of conformity of the provided service with the contracted service, the consumer may warn the seller of such circumstances and set an adequate time limit for removal of the established irregularities.
Where by the expiry of the time limit referred to in paragraph 1 of this Article the seller fails to comply with the consumer’s request, the consumer may terminate the contract and demand compensation for damage.
Termination of Contract Prior to Expiry of a Time Limit
Article 78
Where it is obvious that the seller cannot perform a conforming service within the time limit that is an essential element of the contract, the consumer may:
1) Terminate the contract, without leaving an adequate time limit for the performance of the service;
2) Demand compensation for damage.
Where the seller is in delay providing the service in relation to a contracted time limit which is not an essential element of the contract, the consumer who has no interest in the provision of the service after the expiry of the contracted time limit may:
1) Terminate the contract, without leaving an adequate time limit for the performance of the service;
2) Demand compensation for damage.
Article 79
The seller shall provide to the consumer a service that is in conformity with the contracted one.
A service shall not be in conformity with the contracted one if:
1) By the content, quality and intended purpose it does not correspond to the description provided by the seller prior to conclusion of the contract in an advertisement or in some other similar manner;
2) It does not correspond to the description provided by the seller in the course of provision of the service, providing that it could have impacted the consumer’s decisions;
3) It has not special properties demanded by the consumer, which the seller has been aware of, or must have been aware of at the moment of contract conclusion;
4) It does not have the regular properties of a service of the same type;
5) It does not correspond to the expectations which are reasonable bearing in mind the nature of the service and the public promises made by the seller in respect of the special characteristics of the service, and in particular if made by advertising;
6) By the content, quality and intended purpose it does not correspond to the description provided by a third party on behalf of the seller prior to the conclusion of the contract, by advertising or in some other similar manner.
The seller shall not be responsible for the lack of conformity of a service if:
1) He was unaware or was not required to have been aware that a third party provided the description referred to in paragraph 2, item 6) of this Article on his behalf;
2) The description referred to in paragraph 2, item 6) of this Article was adequately corrected in a timely manner.
Liability for Lack of Conformity
Article 80
If a service is not in conformity with the contracted one, the consumer may demand from the seller to perform a conformant service.
Where the performance of a conformant service is impossible or unlawful, the consumer may demand termination of contract. Where performance of a conformant service causes a disproportionate burden for the seller, the consumer may demand reduction of price or termination of contract.
Where the service is not in conformity with the contracted one, provisions of Articles 49 through 55 of this Law shall apply mutatis mutandis to consumer’s rights and seller’s liability.
Liability of the Persons Acting upon Orders
Article 81
The seller shall be liable for the services performed by the persons who have acted upon his order, as if he had performed such services himself.
X SERVICES OF GENERAL ECONOMIC INTEREST
Access to Services of General Economic Interest
Article 82
The consumer shall have the right to regular and continuous supply of services of general economic interest of adequate quality at fair prices, in compliance with special regulations.
The trader shall:
1) Allow the consumer to get acquainted beforehand with all the conditions for the use of services of general economic interest and to publicly disclose such conditions;
2) Not discriminate against the consumers;
3) Calculate the service by applying prices laid down by special regulations.
The trader providing a service of general economic interest shall maintain the quality of the service in compliance with the law, special regulations and rules of profession.
The trader providing a service of general economic interest, as well as other bodies deciding on the rights and obligations of consumers of the services of general economic interest, shall establish advisory bodies that shall include representatives of registered associations i.e. alliances referred to in Article 140 of this Law. The trader providing a service of general economic interest and other bodies deciding on the rights and obligations of consumers of the services of general economic interest shall pass decisions upon obtaining opinion of the advisory body, notably in a transparent, objective and non-discriminatory manner.
The traders providing services of general economic interest shall establish commissions for resolving consumer complaints whose membership must also include the representatives of registered associations and alliances referred to in Article 140 of this Law.
The establishment procedure, the method of operation and the rights and obligations of the members of the advisory body or commission for resolving consumer complaints shall be regulated by means of acts of the traders and other bodies referred to in paragraph 4 of this Article.
The representatives of consumer protection associations in advisory bodies or commissions for resolving consumer complaints shall be appointed by the consumer protection associations for the term and in the manner prescribed by the acts referred to in paragraph 6 of this Article.
Decisions on establishing of an advisory body and commission for resolving consumer complaints must be publicly disclosed.
The association for consumer protection shall publish on its web site the list of traders and bodies referred to in paragraph 4 of this Article in which their representatives are members of the advisory body or the commission for resolving consumer complaints.
Article 83
A vulnerable consumer shall mean a consumer that due to his economic or social position, living conditions, special needs or other difficult personal circumstances acquires goods or uses a service under particularly difficult conditions or is prevented from doing so.
The criteria for defining vulnerable consumers and the specific conditions for the provision of services of general economic interest to vulnerable consumers in individual fields of services of general economic interest shall be regulated in more detail by the Government, at the proposal of the Minister in charge of the respective field.
Protection Programs for Vulnerable Consumers in Individual Fields of Services of
General Economic Interest
Article 84
The measures and instruments intended for providing vulnerable consumers with effective protection, in particular with regard to accessibility, availability, disconnection from the distribution network or suspension of service provision, pricing method, information, consulting and assistance to consumers in resolving consumer issues shall be defined by programs in individual fields of provision of services of general economic interest.
At the proposal of the Minister in charge of the respective field, the Government shall pass the protection program for vulnerable consumers in individual fields of the services of general economic interest.
Protection from Suspension of Service Provision
Article 85
The trader may suspend the provision of services of general economic interest if the consumer fails to settle his current liabilities for the services provided within two months from the liability due date.
Prior to the suspension referred to in paragraph 1 of this Article, the trader shall, in writing or electronically:
1) Warn the consumer of the obligation based on the contract;
2) Invite the consumer to settle outstanding liabilities within the time limit that may not be shorter than 30 days from the warning delivery date.
In the event that the consumer contests the existence or the amount of the liability referred to in paragraph 1 of this Article and continues to pay bills for current liabilities, the trader cannot disconnect the consumer from the distribution network and suspend the supply of the service of general economic interest pending the outcome of the judicial proceedings initiated at the request of the trader, the subject of which is the disputed liability.
In the event of a suspension of provision of services, the trader shall resume the provision of services to the consumer within two days from the date of receipt of payment for outstanding debt at the latest.
The trader shall be prohibited from suspending provision of heat supply services, i.e. the supply of electricity or gas supplied to the consumer for the purpose of heating during the indoor heating season, if a vulnerable consumer lives in the household.
The trader shall be prohibited from authorizing another legal or natural person to address the consumer for the purpose of realizing contractual claims without obtaining the consumer’s prior explicit consent given in person, by telephone, fax, post, electronic mail or other means of distance communication.
The prohibition referred to in paragraph 6 of this Article shall apply to the sales contracts and service provision contracts.
In the event of disconnection of the consumer from the distribution network, i.e. suspension of provision of services of general economic interest, the trader shall be prohibited from conditioning reconnection, i.e. continuation of provision of service on payment of consumer’s debts that have reached limitation period within the meaning of the law regulating contract and torts.
Duty to Inform Prior to Conclusion of a Contract
Article 86
Prior to conclusion of any contract for the provision of services of general economic interest, in addition to obligations of the trader in respect of information prescribed by Article 12 of this Law, as well as other regulations, the trader shall inform the consumer on:
1) The consumer’s right to be supplied with services of general economic interest of a specified quality at an affordable price;
2) Special offers and discounts, with a clear indication of conditions for their realization;
3) Criteria for acquiring the vulnerable consumer status, special benefits intended for vulnerable consumers and the methods of exercising them;
4) The amount of the charge covering the consideration for connection to the network, types of usage charges, including details of standard discounts applied and special and targeted charging schemes, as well as time limits for connection to the distribution network;
5) The manner of obtaining information on applicable charges and maintenance costs;
6) The right and option for the consumer to change the provider of a service of general economic interest, free of charge;
7) The method of exercising the right to compensation, i.e. reimbursement of the amount paid if the service provided is not of the contracted quality;
8) The existence of the possibility to out-of-court resolution of consumer disputes;
9) The conditions and procedures for the change of contract terms and the right to termination of contract prior to the expiry of the contract validity term;
10) Availability, conditions and types of charges for maintenance, where the trader offers the maintenance service as well.
All the relevant documents, including the text of the contract, in writing or on a durable medium, must be made available to the consumer prior to the conclusion of the contract.
Article 87
The trader shall notify the consumer of the change of prices no later than 30 days prior to the beginning of application of the changed prices.
The trader shall notify the consumer no later than 30 days prior to the beginning of application of the changed prices, i.e. general contract terms, of the change in pricing methodology, i.e. general contract terms, and where provision of such information in person is not possible, to inform the consumers publicly.
The trader shall, where the changes in the pricing methodology and the changes of prices for the provision of services of general economic interest are subject to prior approval or consent from the holders of public authority, notify the consumer of the changes no later than 30 days prior to the beginning of application of the changed prices and changed pricing methodology, and where provision of such information in person is not possible, he shall inform the consumers publicly.
Article 88
The consumer shall have the right to terminate the contract for the provision of services of general economic interest if he does not agree with the change of price i.e. charge, change of the general contract terms indicated in the trader’s notification, with the quality of provided services and if the service has not been provided.
The consumer shall pay the amount for services provided to him by the termination of the contract.
Right to Change Service Provider
Article 89
The trader shall allow the consumer to conclude a contract with another trader that provides services of general economic interest of the same type, without paying any charges.
The time limit within which the trader must allow the consumer to conclude the contract referred to in paragraph 1 of this Article may not exceed one month from the date on which the consumer has notified the trader of such intention, unless regulated otherwise by a special law.
Article 90
The trader shall deliver the bills for provided services of general economic interest without delay and within the periods allowing the consumer to monitor the consumption realized and the charge for a calculation period that does not exceed one month.
The trader shall state the elements in the bill for provided services of general economic interest that are enabling the consumer to:
1) Check and monitor the amount of his incurred charges;
2) Inspect the current consumption in order to check the total consumption against the quality of the provided service.
The trader shall deliver to the consumer free of charge, on his demand, a detailed itemization of the bill.
Where the contract on provision of services of general economic interest is concluded as a fixed-term contract, the expiry date of the term must be indicated on each bill.
When the consumer is late with payment, charges calculated for late payments must in line with costs and the trader shall not calculate interest rate on outstanding debt contrary to compulsory regulations, and in particular the law regulating the amount of the penalty interest rate.
The service of reading metering devices for the purpose of billing shall be free of charge.
The services that are provided free of charge to the consumer should be identified on the bill, by stating that they are free.
Article 91
The traders providing services of general economic interest shall ensure the existence and unobstructed operation of toll-free telephone lines in order to enable that the consumers can easily contact the trader concerning the issues and problems of connection to the distribution network, as well as quality and use of services of general economic interest.
Right to Court or Out-of-Court Protection
Article 92
A consumer may initiate court or out-of-court procedure of consumer dispute resolution only after the receipt of a reply to the complaint filed in compliance with this Law or following the receipt of a decision of the trader that is providing services of general economic interest on the complaint filed in compliance with the law regulating the general administrative procedure.
XI CONSUMER PROTECTION IN EXERCISING OF RIGHTS UNDER CONTRACT ON TOURIST TRAVEL TOURS AND TIME-SHARING OF IMMOVABLE PROPERTY
1. Consumer Protection in Exercising of Rights under Contracts on Tourist Travel
Article 93
Before conclusion of a package travel contract, a linked travel arrangement or an excursion, the organizer i.e. intermediary shall provide the traveler with all pieces of information in Serbian language, and specifically about:
1) The main characteristics of the travel services:
(1) The travel destination, itinerary and period of stay, with dates and, where accommodation is included, the number of nights included;
(2) The means of transport, its characteristics and categories, the place, date and time of departure and return, the duration and places of intermediate stops and transport connections;
(3) The place, information on the accommodation facility (location, type, features and the category in compliance with the regulations of the country in which the facility is located) and information on the equipment and amenities levels of the accommodation unit (room, studio, apartment);
(4) Number, type and method of meals’ serving;
(5) Approximate size of the group;
(6) The language in which the services will be provided if the traveler's benefit from other tourist services depends on effective oral communication;
(7) Possibility for travel of the persons with reduced mobility, upon the traveler’s request;
2) The business name, seat, registration number of the organizer, telephone number, as well as the e-mail address;
3) The selling price presented in a single amount in the same currency, which, in addition to the services from the travel program, i.e. special demands of the traveler, comprises all additional costs, inclusive of taxes, duties, as well as other costs, which are, as an inseparable part, necessary for the realization of the travel;
4) The payment arrangements, including any amount or percentage of the price which is to be paid as a down payment and the method and timetable for payment of the outstanding amount;
5) The minimum number of travelers, where the package to take place is conditional thereupon, and the deadline for notification of travelers in case of termination, as indicated in Article 108, paragraph 1, item 1) of this Law;
6) The passport and visa requirements, including approximate periods required for obtaining visas and information on health formalities, of the country of destination;
7) Possibility that the traveler terminates the contract at any moment before the start of the tourist travel in return for payment of an appropriate compensation, in accordance with Article 107 of this Law;
8) Optional or compulsory insurance to cover the cost of termination of the contract by the traveler or the costs of assistance, including repatriation, in the event of accident, illness or death.
Where at the time when contract is concluded the exact time referred to in paragraph 1, item 1) sub-item (2) of this Article is not determined, the organizer i.e. intermediary shall inform the traveler of the approximate time of departure and return.
In the case referred to in paragraph 2 of this Article, the organizer i.e. intermediary shall, no later than in the period of 48 hours before the start of the travel, inform the traveler of the exact time of departure and return.
The organizer shall transmit the data referred to in paragraph 1, items 1) through 8) of this Article to the intermediary, with whom he has concluded the contract to sell tourist travels.
Binding Nature of Information Provided before Contract
Article 94
If the organizer i.e. intermediary has not provided to the traveler complete pre-contractual information in respect of other costs, which are not covered by the single selling price of the tourist travel, the traveler shall not be obligated to bear such costs.
Article 95
The organizer i.e. the intermediary shall provide the pre-contractual information referred to in Article 93 of this Law to the traveler, before the conclusion of an organized travel contract, in a comprehensible manner that is not misleading. Information shall be prominent.
The burden of proof for the provided pre-contractual information referred to in Articles 93 and 94 of this Law shall be with the organizer i.e. the intermediary.
The burden of proof for data presented in the contract for organized travel shall be with the organizer.
Advertising and Offering for Sale
Article 96
In the event of advertising of a tourist travel, the organizer i.e. the intermediary shall inform the traveler of the right to obtain the notification on the data referred to in Articles 93 and 94 of this Law and on the method of obtaining such information.
Where the organizer i.e. intermediary offers to the traveler to conclude a contract for a tourist travel via the internet, he shall make the data referred to in Article 93 of this Law available to the traveler.
Where the organizer i.e. the intermediary offers to the traveler to conclude a contract for a tourist travel on the occasion of a specific promotion or sales event, he shall clearly indicate the commercial nature of that event and to enable the consumer to get acquainted with the information referred to in Article 93 of this Law at any time during the promotion or sales event.
Formal Conditions for Conclusion of a Package Travel Contract
Article 97
A package travel contract shall be concluded in writing in a comprehensible and non-misleading manner.
When concluding a package travel contract, the organizer i.e. the intermediary shall hand it over to the traveler on paper, another durable medium, or electronically, with confirmation of receipt.
Information that is to be provided to the traveler in compliance with Article 93 of this Law shall comprise an integral part of the package travel contract and may not be altered, except with the contracting parties’ explicit consent.
Contents of Package Travel Contract and Documents to be Provided before Start of Travel
Article 98
In addition to information referred to in Article 93 of this Law, a package travel contract shall include:
1) Special demands of the traveler to which the organizer has agreed;
2) Information on handling of complaints (address, procedure and time limit for filing complaints, time limit for resolving complaints, etc.) and on the out-of-court procedures for resolution of consumer disputes;
3) The business name and address of the organizer i.e. intermediary and data on the traveler (name, surname, address and contact details);
4) Date and place of contract conclusion and signatures of the contracting parties;
5) Conditions under which the traveler is entitled to withdrawal from the contract;
6) Information that the organizer is:
(1) Liable for the performance of all travel services included in the contract in accordance with Articles 110 through 113 of this Law;
(2) Obligated, in accordance with Article 117 of this Law, to provide assistance if the traveler is facing difficulties;
7) The name of the entity providing travel guarantee, their address and contact details;
8) Data on the travel guarantee i.e. information on the insured events and collaterals and the method of their activation;
9) Information (name, address, telephone number and e-mail address) on the local representative of the organizer or a local agency or another service which enables the traveler to contact the organizer quickly and communicate with him efficiently, to request assistance when the traveler is facing difficulties or to file a complaint for any lack of conformity perceived during the realization of the tourist travel;
10) Information that the traveler is obligated to report any lack of conformity which he notices during the realization of the tourist travel in accordance with Article 111, paragraph 1 of this Law;
11) In case where a minor, unaccompanied by a parent or another authorized person, travels on the basis of a package travel contract, information (name, address, telephone number) enabling direct contact with the minor or the person responsible for the minor at the minor's place of residence;
12) Information on the right of the traveler’s right to assign the contract to another traveler in compliance with Article 100 of this Law.
In a timely manner, prior to start of the tourist travel, the organizer i.e. the intermediary shall provide the traveler with all the necessary certificates, vouchers and tickets, information on the scheduled times of departure and, where applicable, the deadlines for check- in, as well as the scheduled times for intermediate stops, transport connections, and arrival.
Article 99
The organizer shall be liable for any errors occurring due to the technical deficiencies in the reservation process of a tourist travel or travel services, which are part of that tourist travel, i.e. of a linked travel arrangement.
The organizer shall not be liable for the booking errors which are attributable to the traveler or which are caused by unavoidable and extraordinary circumstances.
Assignment of Contract to another Traveler
Article 100
The traveler may, before the start of the tourist travel, transfer the contract to a person who satisfies all the conditions applicable to that contract.
The traveler may transfer the right under the organized travel contract referred to in paragraph 1 of this Article to another person only if he has notified the organizer thereof on paper, on another durable medium or electronically, with the confirmation of receipt, within a reasonable period before the start of the tourist travel.
The notification referred to in paragraph 2 of this Article, which has been provided at the least seven days before the start of the tourist travel shall be deemed as provided in reasonable time.
In the event of assignment of contract to another traveler, the organizer shall conclude a new package travel contract.
In the case under paragraph 1 of this Article, the organizer shall be entitled to compensation of costs as prescribed by the law regulating tourism.
The traveler and the person referred to in paragraph 1 of this Article shall be jointly and severally liable to the organizer for compensation of costs.
а) Changes to the Contract before Departure
Change of Price
Article 101
The organizer may increase the agreed price from the package travel contract if such right has been agreed upon and if it has been agreed that the traveler shall be entitled to price reduction.
The organizer may increase the price i.e. the traveler may reduce the price referred to in paragraph 1 of this Article in the case of a change of:
1) The price of the carriage of passengers resulting from the change of price of fuel or other power sources;
2) The existing taxes or introduction of new taxes, including tourist taxes, airplane taxes or embarkation or disembarkation taxes at ports and airports;
3) The exchange rates relevant to the tourist travel.
If the price increase in the case referred to in paragraph 2 of this Article exceeds 8% of the total price of the tourist travel, the organizer may not unilaterally alter the price.
In the case referred to in paragraph 3 of this Article, the organizer shall act in the manner prescribed in Article 102 of this Law.
Irrespective of the extent of the increase of price, such an increase shall only be possible if the organizer notifies the traveler comprehensibly and non-misleadingly of the increase and provide a documented explanation for that increase and a calculation, which shall be provided to the traveler on paper, on other durable medium or electronically, with the confirmation of receipt, at least 20 days before the start of the tourist travel.
If the package travel contract stipulates the possibility of a price increase, the organizer shall provide to the traveler the right to a price reduction proportionately to the decrease in the costs referred to paragraph 2 of this Article that occurs after the conclusion of the contract and before the start of the travel.
In the event of a price decrease, the organizer shall have the right to deduct the expenses from the compensation owed to the traveler and shall provide proof of those expenses, if the traveler requests so.
Alteration of Other Contract Terms
Article 102
Before the start of the travel, the organizer may unilaterally modify the package travel contract, if:
1) The right of the organizer to unilateral modification of the contract is stipulated in the contract;
2) The change is negligible.
If, before the agreed start of the package, the organizer determined that he is constrained to alter certain essential elements of the travel package contract, such as the price, destination, means of transport, characteristics or category of transport, date, type, location, category or the level of amenities of the accommodation or, where the organizer cannot fulfill the special demands of the traveler to which he has agreed, the organizer i.e. the intermediary shall notify the traveler without delay.
In the case referred to in paragraphs 1 and 2 of this Article, the organizer i.e. the intermediary shall notify the traveler of the alteration in a prominent, comprehensible and non-misleading manner on paper, another durable medium or electronically, with the confirmation of receipt.
The notification of alteration of the contract terms referred to in paragraph 2 of this Article shall include:
1) A reasonable time limit within which the traveler shall inform the organizer i.e. the intermediary of whether he accepts the proposed alterations or terminates the contract without paying a termination fee;
2) Information on the consequences of the omission to act within the set time limit;
3) Where applicable, information on offered substitute package, of an equivalent or higher quality and its price.
The traveler may accept the alterations of the contract referred to in paragraph 2 of this Article or unilaterally terminate the package travel contract without paying the termination fee.
In the event that the traveler accepts the proposed alterations of the contract referred to in paragraph 2 of this Article or accepts a substitute package, the organizer shall conclude a new package travel contract and provide a new travel guarantee.
In the case referred to in paragraph 6 of this Article, where the alteration of the contract or the substitute travel result in lower quality or incur additional costs to the traveler, the organizer shall enable an appropriate price reduction for the traveler.
In the case of contract termination referred to in paragraph 5 of this Article, the organizer shall immediately, and no later than 14 days from the contract termination date, refund all the payments received from the traveler.
Another Travel Service
Article 103
In the event that the organizer, for the purposes of the same package, sells to the traveler another, additional travel service, such service shall be an integral part of the tourist travel, for which the organizer shall provide the travel guarantee.
In the event that the organizer facilitates a targeted purchase of some other travel service from another trader and if the contract with such other trader is concluded during a period shorter than 24 hours after the confirmation of the reservation, thus purchased service shall constitute an integral part of the tourist travel, for which the organizer shall provide the travel guarantee.
In the event that the organizer through linked online reservation processes transmits data on the traveler with whom he has concluded the contract (name and surname, payment details, e-mail address, etc.) to another trader, from which the traveler purchases another travel service within a period shorter than 24 hours after the confirmation of the reservation, such purchased service shall constitute an integral part of the tourist travel for which the organizer shall provide the travel guarantee.
In the event referred to in paragraphs 2 and 3 of this Article, the organizer shall, before conclusion of the travel package contract, provide to the traveler notification on his right to travel guarantee, i.e. on the loss of that right, if the service with another trader is purchased following the prescribed time limit.
The organizer shall hand over the notification referred to in paragraph 4 of this Article to the traveler directly, electronically, or on a durable medium, with confirmation of receipt.
The organizer shall not send traveler’s data without a signed or electronically confirmed traveler’s consent through linked reservation processes via the internet, as referred to in paragraph 3 of this Article.
Subsequently Purchased Service
Article 104
In the event that the traveler purchases a travel service, which is not envisaged by the travel program, or offered as an optional service by the organizer, and that he concludes for that service separate contracts with other individual traders, the subsequently purchased service shall not comprise a part of the tourist travel, except in cases prescribed by this Law.
Linked Travel Arrangement
Article 105
In the event that the organizer i.e. the intermediary gives an opportunity to the traveler to, for the purposes of the same travel, purchase from other traders, direct service providers, and pay at least two different travel services, on which separate contracts are concluded, such a combined travel shall comprise a linked travel arrangement.
In the event that the traveler purchases from the organizer i.e. intermediary one travel service, and the organizer i.e. the intermediary gives him the opportunity to, for the purposes of the same travel, purchase another additional travel service from another trader, if the contract with such other trader is concluded within a period shorter than 24 hours after the confirmation of reservation of the first travel service, such a combined travel shall comprise a linked travel arrangement.
The travel service referred to in paragraphs 1 and 2 of this Article may not be accommodation.
If the traveler, in addition to the carriage service or motor vehicles’ rental service, purchases for the purposes of the same travel from the organizer i.e. intermediary, one or more tourist service, the value of which does not account for more than 25% of the total value of the service thus combined, which is not an essential element of the service, such a combined travel shall represent a linked travel arrangement.
In the case referred to in paragraphs 1 and 2 and paragraph 4 of this Article, the linked travel arrangement shall not constitute a tourist travel.
In case of a linked travel arrangement, the traveler may not exercise the right to travel guarantee envisaged for the tourist travel, and instead each service provider shall be solely responsible for regular discharging of their respective services, in compliance with the contract.
The organizer shall provide the traveler with the notification of his rights in compliance with paragraph 6 of this Article.
The organizer shall hand over to the traveler the notification referred to in paragraph 7 of this Article directly, electronically or on a durable medium, with the confirmation of receipt.
Tourist Travel
Article 106
The organizer i.e. the intermediary shall conclude with the traveler the contract for organizing of a travel, which the organizer independently or at the request of the traveler offered, prepared, i.e. combined, based on the contract concluded with service providers as third parties, which have been entrusted with the realization of such travel.
The term tourist travel shall also include the accommodation service alone, that comprises of one or more overnight stays.
If the traveler, in addition to the carriage service or motor vehicles’ rental service, for the purposes of the same travel, purchases from the organizer one or more other tourist services, the value of which accounts for more than 25% of the total value of the service combined in such manner and represents an essential element of the service, thus combined travel shall represent a tourist travel, for which the organizer shall provide the travel guarantee.
If the traveler purchases from the organizer the carriage service or the motor vehicle rental service, and the organizer gives him the opportunity to, for the purposes of the same travel, purchase from another trader one or more other tourist services, the value of which accounts for more than 25% of the total value of thus combined service, if the contract with such other trader is concluded in a period shorter than 24 hours after confirmation of the reservation of the first travel service, thus combined travel shall represent a tourist travel, for which the organizer shall provide the travel guarantee.
The trader that has sold one or more other tourist services that make the tourist travel referred to in paragraph 4 of this Article, shall notify the organizer thereof within the period of 24 hours from the moment of contract conclusion.
Following the receipt of the notification referred to in paragraph 5 of this Article, the organizer shall without delay, and no later than 48 hours from the moment of receipt of the notification, conclude a package travel contract with the traveler, in the manner prescribed by this Law.
Organizer’s failure to act in the manner prescribed by paragraph 6 of this Article shall not relieve the organizer from the responsibility for realization of the tourist travel.
In the case referred to in paragraph 4 of this Article, the organizer shall hand over to the traveler the notification of the possible creation of a tourist travel, the traveler’s right to travel guarantee, i.e. the loss of such right, if the service with another trader is purchased following the expiry of the time limit of 24 hours from the confirmation of reservation of the first travel service.
The organizer shall hand over to the traveler the notification referred to in paragraph 8 of this Article directly, electronically or on a durable medium, with the confirmation of receipt.
Traveler’s Withdrawal from Travel
Article 107
The traveler may completely or partially withdraw from the organized travel contract before the start of the tourist travel.
If, before the start of the tourist travel, the traveler withdraws from the contract within a reasonable time period that is to be determined by taking into account the type of the tourist travel (the timely withdrawal), the organizer shall be entitled to compensation of administrative costs.
In the event of an untimely traveler’s withdrawal from contract, the organizer may require the traveler to pay the compensation provided for in the contract i.e. in general terms of the travel, which shall be calculated by taking into account the remaining period to the start of the tourist travel.
In the event that the traveler has completely or partially withdrawn from the organized travel contract, before the start as well as during the tourist travel, due to the circumstances that he could not have avoided or remedied and that, had they existed at the time when the contract was concluded, would constitute a justified reason for not concluding the contract, the organizer shall be entitled to compensation for actual costs sustained.
The justified reasons of the traveler for withdrawal from the contract referred to in paragraph 4 of this Article shall be:
1) Sudden illness of the traveler, as well as a serious illness of his blood relative in direct line of descent, and in the lateral line, up to the second degree of consanguinity, of the spouse or in-law relative to the second degree of consanguinity, adoptee and adoptive parent;
2) Death of the traveler’s blood relative in direct line of descent, and in the lateral line, up to the second degree of consanguinity, of the spouse or in-law relative to the second degree of consanguinity, of the adoptee or adoptive parent;
3) A natural disaster in the country of departure or destination;
4) Officially proclaimed state of emergency in the country of departure or destination;
5) An emergency situation in the country of departure or destination.
In the event referred to in paragraphs 2 through 4 of this Article, the organizer shall at the traveler’s request provide an explanation of the compensation amount.
Termination of Organized Travel Contract and Right of Withdrawal by the Organizer before the Start of the Travel
Article 108
The organizer may terminate the organized travel contract and provide the traveler with a full refund of any payments made for the tourist travel, prior to the start of the travel where:
1) The number of persons enrolled for the tourist travel is smaller than the minimum number envisaged by the contract and the organizer notifies the traveler of the termination within the period fixed in the contract, which may not be shorter than:
(1) 20 days before the start of the tourist travel in the case of travels lasting more than six days;
(2) Seven days before the start of the tourist travel in the case of travels lasting between two and six days;
(3) 48 hours before the start of the tourist travel in the case of travels lasting shorter than two days;
2) The organizer is prevented from performing the contract because of unavoidable and extraordinary circumstances.
In the event referred to in paragraph 1, item 2) of this Article, the organizer shall notify the traveler of the termination of the contract without undue delay, and before the start of the tourist travel.
In the event referred to in paragraph 1 of this Article, the organizer shall provide the traveler with the full refund of any payments made, without undue delay, and within 14 days from the termination at the latest.
In the event referred to in paragraph 1 of this Article the organizer shall not be responsible for compensation of any expenses sustained by the traveler due to contract termination.
Special Rights of Pupils i.e. Students
Article 109
Where the organizer organizes a stay of pupils or students attending school i.e. studies abroad, he shall provide accommodation and care for the pupil i.e. student in an adequate family or another adequate accommodation, in cooperation with the pupil, his parent or guardian, i.e. student.
The organizer shall provide the possibility for the pupil i.e. student to regularly attend classes or training during his stay abroad.
The organizer i.e. intermediary shall within 14 days at the latest before the start of the travel, notify the pupil i.e. student of the name, address and telephone number of the host family and of the name, address and telephone number of the responsible person that the pupil i.e. student can contact for assistance in the place of stay abroad.
The organizer i.e. the intermediary shall provide to the pupil i.e. student the necessary information on culture, customs and way of life in the country of destination.
If the organizer i.e. the intermediary fails to comply with the obligations referred to in paragraphs 3 and 4 of this Article, the pupil i.e. the student shall be entitled to terminate the contract before the start of the travel, free of any charge.
The burden of proof of compliance with the obligations referred to in paragraphs 3 and 4 of this Article shall be with the organizer i.e. the intermediary.
The pupil i.e. the student shall be entitled to terminate the contract at any given moment before the departure.
In the event that the pupil i.e. the student terminates the contract following the start of the travel due to the reasons for which the organizer i.e. the intermediary is not responsible, the organizer shall be entitled to compensation of costs of repatriation of the pupil i.e. the student.
b) Conformity of Tourist Travel
Responsibility
Article 110
The package tour organizer shall realize the tourist travel in the manner provided for in the organized travel contract, in compliance with the regulations governing tourism.
The tourist travel shall be in conformity with the contract if it has the features that the organizer has guaranteed or if it is compatible to customary purpose or the purpose assumed under the contract.
The organizer shall be responsible for the conformity of the service, including the services provided to the traveler by a third party (the provider of carriage of passengers, accommodation, meals, other tourist services, as well as entertainment, cultural, sports and recreation or other leisure programs).
Provisions of Articles 79 through 81 of this Law shall apply mutatis mutandis to the responsibility of the organizer for the conformity of the tourist travel or excursion.
Non-Conformity of Travel Services
Article 111
The traveler shall notify the organizer without undue delay, taking into account the circumstances of the case, of any lack of conformity perceived during the performance of the travel services included in the organized travel contract.
If the travel services have not been provided or cannot be provided to the traveler in accordance with the organized travel contract, the organizer shall, without delay, bring the agreed services in conformity with the contract, unless where it is impossible for him to perform them or that would entail disproportionate costs for the organizer, taking into account the extent of the lack of conformity and the value of the relevant travel services.
If the package tour organizer cannot provide the travel services from the organized travel contract, the traveler may bring the travel services in conformity with the contract himself.
If the package tour organizer partially brings the travel services from the organized travel contract in conformity or where the lack of conformity of the travel services does not constitute a significant deviation from the terms provided for in the organized travel contract, the traveler shall continue to use the travel services that are not in conformity with the contract.
A significant deviation referred to in paragraph 4 of this Article shall exist where the total value accounts for more than 25% of the selling price from the organized travel contract.
In the case referred to in paragraphs 3 and 4 of this Article, the traveler shall be entitled to the difference between the agreed price of the travel and the price of the travel reduced proportionately to non-performance or incomplete performance, i.e. entitled to compensation for damages caused to the traveler through non-performance, partial performance or irregular performance of obligations of the organizer, in compliance with the law.
Significant Lack of Conformity
Article 112
Where a significant portion of the travel services cannot be provided as agreed in the organized travel contract, the organizer shall offer, without undue delay and at no extra cost to the traveler, suitable alternative travel services of the equivalent or higher quality than those specified in the contract, in order to continue the realization of the travel, including the case where the traveler's return to the place of departure is not in accordance with the organized travel contract.
If the organizer does not offer alternative travel services or the alternative travel services are of lower quality and account for a significant lack of conformity compared to what was agreed in the organized travel contract, the traveler may reject such alternative services, i.e. may terminate the contract without paying compensation for termination.
In the event referred to in paragraph 2 of this Article, the traveler shall be entitled to price reduction i.e. the right to compensation of damage referred to in Article 111, paragraph 6 of this Law.
Where the organized travel contract includes carriage of passengers, the organizer shall, in the cases referred to in paragraph 2 of this Article, provide repatriation of the traveler by an equivalent means of transport without undue delay and at no extra cost to the traveler.
Where it is impossible to ensure the traveler's return as agreed in the organized travel contract because of unavoidable and extraordinary circumstances, the organizer shall bear the costs of necessary accommodation, if possible of equivalent quality to the quality set in the organized travel contract, for a period not exceeding three nights per traveler.
The limitation of costs referred to in paragraph 5 of this Article shall not apply to persons with reduced mobility, any person accompanying them, pregnant women or unaccompanied minors, as well as persons in need of specific medical assistance, providing that the organizer has been notified of their particular needs at least 48 hours before the start of the tourist travel.
Right to Reduction of Price
Article 113
The organizer, a local representative of the organizer, and a local agency to which the organizer or intermediary has referred the traveler to, in case of need for provision of specific assistance, shall, without delay:
1) Respond to traveler’s complaints during the course of the tourist travel;
2) Eliminate any deviation from the contract indicated by the consumer.
The traveler may not request reduction of price if he unconscientiously omits to indicate the deviations between the provided and contractually agreed services.
The traveler may not request any reduction of price in the event where the package tour organizer proves that the lack of conformity is attributable to the traveler.
Liability for Damage
Article 114
If the traveler sustains damage as a result of any lack of conformity of the organized travel contract, he shall be entitled to demand compensation for damage from the organizer, including the non-material damage.
In the case referred to in paragraph 1 of this Article, the organizer shall not limit his responsibility for compensation for damage to the amount that is lower than the three times the total price of the tourist travel.
The limitation referred to in paragraph 2 of this Article shall not apply to the damage relating to personal injuries, i.e. other damage caused intentionally or with negligence of the organizer.
The organizer shall be relieved from the liability referred to in paragraph 1 if he proves that the lack of conformity is attributable to:
1) Omissions of the traveler;
2) Omissions of a third party, who is not responsible for provision of travel services;
3) The force majeure.
Traveler’s Complaint and Loss of Right
Article 115
The organizer shall enable the traveler to contact, in a simple and accessible manner, the person responsible for receipt of travelers’ complaints during the course of the tourist travel.
The limitation period for the traveler’s right to reduction of price or compensation for damage shall be three years from the date on which he has become aware of the lack of conformity of the service included in the organized travel contract.
Contact with the Organizer
Article 116
The traveler may address messages, requests or complaints in relation to the realization of the tourist travel directly the organizer and/or to the intermediary through which the tourist travel was purchased.
The intermediary referred to in paragraph 1 of this Article shall forward the messages, requests or complaints to the organizer without undue delay.
For the purpose of calculation of the time limits in compliance with this Law, it shall be considered that the organizer has received the message, request or complaint at the same time as the intermediary.
Provision of Assistance
Article 117
The organizer shall provide adequate assistance without undue delay to the traveler who faces difficulties, in particular in a situation where the return of the traveler in accordance with the organized travel contract is impossible due to unavoidable and extraordinary circumstances, in particular by:
1) Providing appropriate information on health services, competent local authorities and consular assistance;
2) Assisting the traveler to make distance communications and to find alternative travel arrangements.
The organizer may charge a fee amounting to the actual costs of assistance provision, if the difficulties were caused by intentional actions of the traveler or through the traveler's negligence.
Travel Guarantees
Article 118
The organizer shall have a travel guaranty against insolvency, that shall in particular provide for costs of necessary accommodation, meals and return of the traveler from the travel to the place of departure in the Republic of Serbia and abroad, as well as for any travelers’ claims, as well as the travel guarantee for the purpose of compensation of damages, whereby compensation of damages to the traveler shall be secured in the event of non-performance, partial performance or irregular performance of obligations of the travel organizer in compliance with the law regulating tourism.
In the event that the organizer i.e. the intermediary fails to provide to the traveler information on the travel guarantee i.e. fails to hand him over the certificate of travel guarantee, the traveler shall be entitled to withdraw from the contract.
In the case referred to in paragraph 2 of this Article, the organizer shall provide the traveler with the full refund of any payments made.
2. Use of Immovable Properties on Timeshare Basis (Time-Sharing), Long-Term Holiday Benefits, Resale Assistance, Facilitating Exchange
Obligation of Pre-Contractual Information
Article 119
Within an appropriate time limit prior to conclusion of the contract on use of immovable property on time-share basis, contract on long-term holiday benefits, contract on assistance in resale and contract on facilitating exchange, the trader shall accurately and sufficiently inform the consumer about the data indicated in information forms for the contract on use of immovable property on time-share basis, contract on long-term holiday benefits, contract on assistance in resale and contract on facilitating exchange.
The trader shall provide the information referred to in paragraph 1 of this Article to the consumer free of charge, in written form, on paper, another durable medium or electronically, with confirmation of receipt, which is easily accessible to the consumer, in a visible, comprehensible and non-misleading manner.
The Minister in charge of tourism shall prescribe in more detail the content of the information forms for the contract on use of immovable property on time-share basis, contract on long-term holiday benefits, contract on assistance in resale and contract on facilitating exchange.
Data from information forms shall be in Serbian language.
The trader shall also provide the consumer with a certified translation of data from information forms in the language of the destination in which the immovable property is located.
Article 120
When advertising and offering the time-share use of immovable property, long-term holiday benefits, assistance in resale of the time-share use of immovable property and long-term holiday benefits, or enabling exchange of the time-share use of immovable property, the trader shall inform the consumer of the conditions and method of obtaining the information referred to in Article 119 of this Law.
In the event that on the occasion of a promotion or sales event, the trader offers to the consumer in person to conclude a contract on time-share use of immovable property, a contract on long-term holiday benefits, contract on assistance in resale or contract on facilitating exchange, he shall clearly indicate the promotional or commercial purpose of such event.
The trader shall enable that the information referred to in Article 119 of this Law is available to the consumer during the promotion or sales event.
Time-share use of immovable property and long-term holiday benefits may not be advertised or sold as an investment.
Formal Conditions for Contract Conclusion
Article 121
The contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale and the contract on facilitating exchange shall be concluded in writing and shall be drawn up in Serbian language.
In the event of a conclusion of a contract referred to in paragraph 1 of this Article, the trader shall deliver to the consumer, on paper or another durable medium, a certified translation of the contract in the language of the destination where the immovable property is located as well.
The trader shall, following the signing of the contract on time-share use of immovable property, contract on long-term holiday benefits, contract on assistance in resale and contract on facilitating exchange of the time-share use of immovable property, hand over to the consumer at least one copy of the signed contract.
In the event of conclusion of a contract on time-share use of immovable property, contract on long-term holiday benefits, contract on assistance in resale and contract on facilitating exchange of the time-share use of immovable property, the data referred to in Article 119 of this Law shall become its integral part, they shall be binding upon the trader and may not be altered, unless the contracting parties expressly agree otherwise or the changes result from force majeure.
The trader shall, within an appropriate time limit before the conclusion of the contracts referred to in paragraph 1 of this Article, notify the consumer on each change of data referred to in Article 119 of this Law, in writing, on paper, another durable medium or electronically, with the confirmation of receipt, that is easily accessible to the consumer.
The trader shall, in the contract referred to in paragraph 1 of this Article, explicitly indicate each change of data referred to in Article 119 of this law occurring in the period from the provision of notification to the consumer about the data until the conclusion of the contract.
In addition to the data referred to in Article 119 of this Law, the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale and the contract on facilitating exchange of the time-share use of immovable property shall include:
1) Data on date and place of contract conclusion;
2) Name, domicile, and signature of the consumer;
3) Name, i.e. business name, domicile, i.e. seat, and signature of the trader, i.e. the name, domicile, and signature of the authorized person with the trader.
Within an appropriate reasonable time limit before the conclusion of the contract, the trader shall explicitly inform the consumer of:
1) The consumer’s right of withdrawal from contract;
2) The time limit in which the consumer may withdraw from contract;
3) The ban on advance payments prior to the expiry of the time limit in which the consumer may withdraw from contract.
In the event of contract conclusion, the consumer shall, separately from contract signing, sign contractual provisions relating to the consumer rights referred to in paragraph 8 of this Article.
The contract withdrawal form for the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property, shall be an integral part of these contracts.
The Minister in charge of tourism shall prescribe in more detail the contents of the contract withdrawal form for the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property.
Right of Withdrawal from Contract
Article 122
The consumer may withdraw from the contract i.e. preliminary contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property, without any obligation to state reasons for withdrawal, within 14 days from the date of receipt of the concluded contract.
In case of simultaneous conclusion of a contract on time-share use of immovable property and a contract on facilitating exchange of the time-share use of immovable property, the time limit for withdrawal from contract shall be counted from the date of receipt of the concluded contract on facilitating exchange of the time-share use of immovable property.
Extension of Time Limit for Withdrawal from Contract
Article 123
If the trader has not provided the consumer with the contract withdrawal form in writing, on paper or another durable medium, the consumer may withdraw from the contract i.e. preliminary contract on time-share use of immovable property, the contract i.e. preliminary contract on long-term holiday benefits, the contract i.e. preliminary contract on assistance in resale, and the contract i.e. preliminary contract on facilitating exchange of the time-share use of immovable property within one year and 14 days from the date of receipt of the concluded contract i.e. preliminary contract.
If the trader should provide the consumer with the withdrawal form from the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property before the expiry of one year from the receipt by the consumer of a copy of the concluded contract i.e. preliminary contract, the time limit for withdrawal from contract shall be counted from the date on which the consumer has received the contract withdrawal form.
If the trader fails to notify the consumer about the data referred to in Article 119 of this Law in writing, on paper, another durable medium or electronically, with the confirmation of receipt, the consumer shall be entitled to withdraw from the contract i.e. preliminary contract on time-share use of immovable property, long-term holiday benefits, assistance in resale, and facilitating exchange of the time-share use of immovable property within three months and 14 days, from the date on which he has received a copy of the concluded contract i.e. preliminary contract.
If the trader provides the consumer with the notification on data referred to in Article 119 of this Law before the expiry of the time limit of three months from the date on which the consumer has received a copy of the concluded contract i.e. preliminary contract, the time limit for withdrawal from the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property shall be counted from the date on which the consumer has received the notification.
Exercising of the Right to Withdraw from Contract
Article 124
The statement whereby the consumer withdraws from the contract time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property shall produce legal effect if made in writing, on paper or another durable medium.
The consumer may deliver the statement referred to in paragraph 1 of this Article to the trader in the contract withdrawal form.
The statement referred to in paragraph 2 of this Article shall be considered timely if it is sent prior to expiry of the time limit for withdrawal from contract.
Legal Consequences of Withdrawal
Article 125
The exercise of the withdrawal from contract i.e. preliminary contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property shall terminate the obligations of the contracting parties to perform i.e. conclude the contract.
The consumer shall have the right of withdrawal from contract without bearing any compensation for costs and shall not be obligated to pay the services provided to him before withdrawal from the contract i.e. preliminary contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property.
Article 126
In relation to contracts on time-share use of immovable property, contracts on long-term holiday benefits, contracts on assistance in resale, and contracts on facilitating exchange of the time-share use of immovable property, it shall be prohibited to stipulate any advance payment, provision of collaterals, reservation of money on accounts, explicit acknowledgement of debt or any other discharging of obligations towards the trader or third party before the expiry of the contract withdrawal period.
In relation to contracts on assistance in resale, it shall be prohibited to stipulate any payment, provision of collaterals, explicit acknowledgement of debt or any other discharging of obligations towards the trader or third party before the conclusion of contract on time-share use of immovable property and the contract on long-term holiday benefits, i.e. before the trader performs the obligations from the contract on assistance in resale in another way.
Long-Term Holiday Benefits Contract
Article 127
For the contracts on long-term holiday benefits, the trader shall allow the consumer to pay the price in staggered payments, in equal annual amounts during the validity term of the contract.
Payments contrary to paragraph 1 of this Article shall be prohibited.
The total amount of consumer’s obligations, including the membership fee, shall be calculated in equal annual installments.
The trader shall send to the consumer a request for settlement of each staggered payment in writing, on paper, on another durable medium or electronically, with the confirmation of receipt, at least 14 days in advance of each due date.
After the settlement of the first staggered payment, the consumer may withdraw from the contract on long-term holiday benefits without incurring any interest, by giving notice of withdrawal from the contract to the trader, within 14 days from the receipt of the request for payment the installment.
Termination of Ancillary Contract
Article 128
Where the consumer withdraws from the contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property, it shall be considered that the validity of all ancillary contracts shall cease, at no additional cost to the consumer, including the credit agreement, irrespective of whether the credit has been granted to the consumer by the trader or a third party.
If the credit has been granted to the consumer by a third party, the trader shall inform the party granting the credit of the withdrawal from contract on time-share use of immovable property, the contract on long-term holiday benefits, the contract on assistance in resale, and the contract on facilitating exchange of the time-share use of immovable property.
Assistance in Resale of Time-Share Use of Immovable Properties i.e. Long-Term Holiday Benefits
Article 129
The trader shall provide assistance to the consumer in resale of time-share use of immovable properties i.e. long-term holiday benefits.
If the trader fails to provide the assistance referred to in paragraph 1 of this Article to the consumer, the consumer may request from the trader to purchase back the time-share use of immovable property or the long-term holiday benefits.
Article 130
The trader, the persons instructed by the trader to participate in the sale of the time-share use of immovable property, the persons to whom the trader has entrusted performance of specific tasks from the sale contract on the time-share use of immovable property, other traders participating in the sale of services of time-share use of immovable properties, as well as the intermediaries in the sale of services of time-share use of immovable properties, shall be jointly and severally liable to the consumer for the performance and legal consequences of any failure to perform the contractual obligations.
XII STRATEGY AND INSTITUTIONAL FRAMEWORK FOR CONSUMER PROTECTION
Article 131
The strategy of consumer protection (hereinafter referred to as: the Strategy) shall lay down the long-term objectives and activities necessary for complete realization of the consumer protection policy and the action plan for Strategy realization.
The Government shall pass the Strategy at the proposal of the Ministry.
Pillars of Consumer Protection
Article 132
Consumer protection pillars shall be the National Assembly, the Government, the Ministry, the National Council for Consumer Protection, other ministries and regulatory bodies with competences laid down by law in the field of consumer protection, Autonomous Province bodies and local self-government authorities, as well as associations and alliances.
The consumer protection pillars referred to in paragraph 1 of this Article shall cooperate with the aim of improving consumer protection, as well as on Strategy and action plan implementation.
Cooperation in the Field of Consumer Protection
Article 133
Chambers of commerce and professional chambers and associations established with the aim of protecting the traders’ rights in the field of trade shall encourage and promote consumer protection, in particular among their members.
With a view to improving consumer protection, the chambers of commerce and professional chambers and the associations referred to in paragraph 1 of this Article shall cooperate with the pillars of consumer protection referred to in Article 132, paragraph 1 of this Law.
Article 134
The Ministry shall:
1) Create a consumer protection policy;
2) Conduct procedure and determine measures for protecting the collective interests of consumers;
3) Submit request for initiating misdemeanor proceedings in the event of a breach of the collective interests of consumers;
4) Monitor implementation of consumer protection policy through other state policies;
5) Cooperate and coordinate with consumer protection pillars referred to in Article 132, paragraph 1 of this Law, as well as with other entities involved in consumer protection;
6) Improve legal framework for consumer protection and perform harmonization with the European Union legislation in the field of consumer protection;
7) Ensure implementation of regulations and coordinate market supervision in the field of consumer protection;
8) Prepare and submit the Strategy and the action plan for the realization of the Strategy to the Government for adoption;
9) Monitor and evaluate the success in implementation of the Strategy;
10) Perform expert and administrative tasks for the needs of the National Council for Consumer Protection;
11) Support the establishment and coordinate the development of bodies for out-of- court resolution of consumer disputes;
12) Support the operation and development of associations and alliances;
13) Cooperate with provincial and local self-government authorities in development of consumer protection on provincial and local levels;
14) Cooperate with institutions dealing with consumer protection on regional and international levels;
15) Encourage and implement educational and informational activities aimed at raising the awareness of consumers and of the general public of consumer rights and consumer protection policy;
16) Promote research and scientific projects in the area of consumer protection;
17) Manage and supervise the National Register for Consumer Complaints established in accordance with Article 147 of this Law;
18) Monitor the market in order to identify unfair business practices and unfair provisions in consumer contracts;
19) Provide opinions and recommendations regarding unfair business practices and unfair provisions in consumer contracts;
20) Encourage the adoption of code of good business practice by the chambers of commerce and professional chambers and traders’ associations.
National Council for Consumer Protection
Article 135
For the purpose of improving the consumer protection system and cooperation between the pillars of consumer protection and other entities involved in consumer protection, the Government shall establish the National Council for Consumer Protection (hereinafter referred to as: the National Council).
In particular, the National Council shall perform the following activities:
1) Participate in the drafting of the Strategy;
2) Report to the Government on the state in the field of consumer protection and the implementation of the action plan for realization of the Strategy;
3) Propose measures and activities for improving consumer protection;
4) Provide opinions and recommendations on issues in the field of consumer protection to the pillars of consumer protection;
5) Inform the public about its work and issues of relevance for consumer protection.
Composition of the National Council
Article 136
The National Council shall comprise of representatives of the Ministry and other state authorities and holders of public authorizations, registered associations and alliances, chambers of commerce and professional chambers and other participants in the market, as well as independent experts in the field of consumer protection.
The permanent members of the National Council shall be the representatives of the Ministry, of the ministry in charge of food safety, ministry in charge of product safety, ministry in charge of health, ministry in charge of energy, ministry in charge of telecommunications, ministry in charge of justice, ministry in charge of finance, ministry in charge of tourism and of the ministry in charge of environmental protection.
Representatives of the registered associations and alliances shall account for one third of the total number of members of the National Council.
The Consumer Council referred to in Article 146 of this Law shall, within 30 days from the date of receipt of the request from the Ministry, nominate the members of the National Council among the registered associations and alliances.
The National Council shall be chaired by the Minister.
Activities of the Authorities of Autonomous Province and Local Self-Government Unit
Article 137
The authorities of Autonomous Province and local self-government unit shall undertake activities within the scope of their competences with a view to improving consumer protection, and in particular:
1) Support the activities of associations and alliances in respect of securing financial means, adequate premises and other necessary conditions for work, in accordance with the regulations governing the financing of programs of public interest realized by associations;
2) Encourage and support activities focusing on consumer protection and in particular the provision of information, advice and education of consumers;
3) Encourage and support the participation of consumer representatives in all the bodies on the provincial and local levels where decisions are made in the fields of relevance for consumers, such as services of general economic interest;
4) Plan and implement activities in the field of consumer protection in their territory, in accordance with the Strategy;
5) Support the establishment and operation of the bodies for out-of-court resolution of consumer disputes in their territory.
The authorities of Autonomous Province and local self-government unit shall submit annual reports to the Ministry on implemented activities aimed at improvement of consumer protection, in accordance with paragraph 1 of this Article, by 15 March of the current year for the previous calendar year, at the latest.
Article 138
Associations and alliances, within the meaning of this Law, shall be associations i.e. alliances established and entered in the register in accordance with the law governing the establishment and legal position of associations and which meet the following requirements:
1) That they are established with a view to realizing the objectives of consumer protection;
2) That they are non-profit and independent, in particular in relation to traders and political parties;
3) That the person holding the managing position in the association i.e. alliance is not:
(1) A person employed with a state authority or a regulatory body, i.e. an authority of an Autonomous Province or an authority of a local self-government unit dealing with consumer protection issues;
(2) A person holding a managing position or a member of a supervisory body of the trader or with a traders’ association;
(3) A person holding a managing position in a political party.
It shall be prohibited for an association i.e. alliance to present itself as, or to indicate in its name that it is a consumer protection association i.e. alliance, if it does not meet the requirements referred to in paragraph 1 of this Article.
Activities of Associations and Alliances
Article 139
Associations and alliances shall perform their activities in accordance with the law and their articles of association.
Activities of associations and alliances shall in particular include:
1) Information, education, counseling and providing legal assistance to consumers in exercising consumer rights;
2) Receiving, recording and acting upon consumer complaints;
3) Conducting independent tests and comparative analyses of the quality of the goods and services and public disclosing of the results obtained;
4) Conducting research and studies in the field of consumer protection and public disclosing of the results obtained.
List of Associations and Alliances
Article 140
The Ministry shall establish and maintain the List of Associations and Alliances (hereinafter referred to as: the List).
The List shall be publicly disclosed on the official web site of the Ministry.
The List shall include the name of the association or alliance, its seat, electronic address, web site address, date of entry on the List, date of deletion from the List, contact phone numbers, annual reports on performed activities and annual financial statements of the associations and alliances.
Procedure for Entry on the List
Article 141
The entry of an association and alliances on the List shall be executed by the Ministry.
The associations i.e. alliances shall submit an application to the Ministry for entry on the List.
The application referred to in paragraph 2 of this Article shall in particular include: the name of the association or alliance, the registration number of the association i.e. alliance, as well as relevant proof of compliance with the conditions referred to in Articles 138 and 139 and Article 142 of this Law by the association i.e. union.
The Minister shall prescribe in more detail the contents of the application referred to in paragraph 2 of this Article, the method of List keeping, as well as the requirements for entry referred to in Article 142, paragraph 1, items 3) and 4) of this Law.
Conditions for Entry on the List
Article 142
In addition to the requirements referred to in Article 138 of this Law, an association i.e. alliance shall satisfy the following conditions in order to be entered on the List:
1) That its predominant activity is in the field of achieving the objectives of consumer protection;
2) That it has been active in the field of consumer protection for at least three years;
3) That it has adequate human resource, material and technical capacity necessary for pursuit of consumer protection activity;
4) That the representatives of the association i.e. alliance possess adequate experience, expertise and skill to perform activities in the field of consumer protection;
5) That it has submitted to the Ministry a report on performed activities and achieved results in the field of consumer protection, including the accompanying financial statement, thereby confirming its experience in this field for a period of at least three years.
For an alliance to be entered on the List, it shall be necessary that it is made of at least three associations.
When establishing whether the requirements for entry on the List are met, the Ministry shall solicit an opinion from the Consumer Council referred to in Article 146 of this Law.
The Consumer Council shall, at the request of the Ministry, provide the opinion referred to in paragraph 3 of this Article to the Ministry within 15 days from the date of receipt of the request.
The Ministry shall proceed with the List entry procedure if the Consumer Council fails to provide the opinion within the time limit referred to in paragraph 4 of this Article.
Rights of the Listed Associations and Alliances
Article 143
The associations i.e. alliances that have been entered on the List in compliance with this Law shall be entitled to:
1) Apply with a public interest program for incentive funds provided by the Ministry;
2) Initiate proceedings for the protection of consumers' collective interests in accordance with this Law;
3) Represent consumers’ interests in court and out-of-court proceedings;
4) Represent the interest of consumers in consultative bodies in the field of consumer protection on the national, regional and local levels;
5) Participate in the operation of working groups that draft regulations and strategic documents regulating the consumer rights;
6) Access and use the National Register of consumer complaints referred to in Article 147 of this Law, with the aim of receiving, recording and acting upon consumers’ complaints;
7) Participate in the work of the Consumer Council referred to in Article 146 of this Law.
Financing of Associations and Alliances
Article 144
The activities of listed associations i.e. alliances may be financed or co-financed from the budget of the Republic of Serbia, in accordance with the law, the Strategy and the Work Action of the Government.
The European and international projects in the field of consumer protection led by the listed associations i.e. alliances may be co-financed from the budget of the Republic of Serbia.
The listed associations i.e. alliances shall deliver to the Ministry a financial statement about the activities financed in compliance with paragraphs 1 and 2 of this Article, by 31 March of the current year for the previous year, and the Ministry shall publish such statements on its web site.
The listed associations i.e. alliances that do not acquire funding from the budget of the Republic of Serbia, but from sources, shall notify the competent Ministry thereof within 30 days from acquiring of such funds.
It shall be prohibited for the associations i.e. alliances to receive monetary and other means, objects, rights and services, other than the gifts of smaller value, including any form of donations and grants, from natural and legal persons with whom the conflict of interest exists, and in particular from traders or traders’ associations, except in cases of the provision of services for a fee (training, etc.) in accordance with the law and the association’s i.e. alliance’s articles of association.
The conflict of interest, within the meaning of paragraph 5 of this Article, shall exist where a person in the capacity of a representative, a body, or member of association’s i.e. alliance’s body, has a private, business or other interest that affects or may affect the actions of the person in the stated capacity in a manner that may endanger the independence of the association i.e. alliance in achieving the objectives for which it has been established.
Article 145
An association i.e. alliance shall be deleted from the List if it:
1) No longer fulfils the conditions referred to in Article 138, Article 142 and Article 144 of this Law;
2) Does not act as referred to in Article 146, paragraph 4 of this Law;
3) Has failed to designate its representative for a member of the advisory body and commission for consumer complaints’ resolution upon an invitation by a holder of public powers, a local self-government unit or a trader, except in duly justified cases;
4) Does not publish the list referred to in Article 82, paragraph 9 of this Law on its web site;
5) Fails to deliver an annual report to the Ministry on performed activities and achieved results in the field of consumer protection, including the accompanying financial statement, in compliance with Article 144, paragraph 3 of this Law, by 31 March of the current year for the previous year;
6) Violates the code of ethics referred to in Article 146, paragraph 2, item 3) of this Law.
The Ministry shall decide on deletion from the List.
When determining compliance with the conditions for deletion from the List, the Ministry shall solicit the opinion of the Consumer Council referred to in Article 146 of this Law.
The Consumer Council shall provide its opinion referred to in paragraph 3 of this Article to the Ministry within 15 days from the date on which the Ministry has requested such opinion.
In the event that the Consumer Council fails to deliver the opinion referred to in paragraph 3 of this Article, the Ministry shall continue with the procedure of deletion from the List.
An association that has been deleted from the List may not be re-entered on the List within one year from the date of deletion.
Article 146
The representatives of all associations i.e. alliances that are entered on the List referred to in Article 140 of this Law shall constitute the Consumer Council.
The Consumer Council shall perform the following activities:
1) Harmonizing the views of associations i.e. alliances on issues of significance for consumers;
2) Nominating representatives of associations i.e. alliances to the National Council and other bodies;
3) Passing the code of ethics for associations i.e. alliances and monitoring the implementation thereof;
4) Providing opinions to the Ministry in the procedures of entry in and deletion from the List referred to in Article 140 and Article 145 of this Law;
5) Adopting a recommendation to delete associations and alliances from the List of the Ministry;
6) In addition, considering other issues in compliance with the law and rules of procedure.
The Consumer Council shall adopt the rules of procedure.
The Consumer Council decisions shall be published by the Ministry on its web site and by the listed associations i.e. alliances on their respective web sites.
ХIII CONSUMER COMPLAINTS AND OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
1. National Register of Consumer Complaints and the Notion of Consumer Complaints
National Register of Consumer Complaints
Article 147
A consumer complaint shall mean any petition or claim whereby a consumer reports an infringement of rights regulated by this Law or other laws.
The Ministry shall establish and keep the National Register of Consumer Complaints.
When processing the consumers’ personal data, the Ministry shall act in compliance with the regulations governing protection of personal data.
Once a year, by 1 March of the current year for the previous year at the latest, the Ministry shall publicly disclose and deliver to the National Council a report on operation of the National Register of Consumer Complaints.
The report on operation of the National Register of Consumer Complaints shall in particular comprise:
1) Information on consumer complaints and legal assistance provided;
2) Identified deficiencies in collection, recording and resolving of consumer complaints;
3) The fields where the highest number of consumer complaints has been recorded;
4) Proposals for improvement of the procedure for collecting data, recording and resolving consumer complaints.
Article 148
A consumer dispute shall mean any domestic or cross-border dispute arising from a contractual or out-of-contract relationship between a consumer and a trader.
A domestic dispute shall mean each consumer dispute referred to in paragraph 1 of this Article where at the time of contract conclusion the consumer has his domicile or residence and the trader has his seat or a separate organizational part in the Republic of Serbia.
A cross-border dispute shall mean each consumer dispute referred to in paragraph 1 of this Article where at the time of contract conclusion the trader has his seat or a separate organizational part in the Republic of Serbia and the consumer has neither his domicile nor his residence in the Republic of Serbia.
The courts of relevant jurisdiction for resolution of consumer disputes shall keep the records of consumer disputes. Based on the records, the courts shall once a year provide data on the number of consumer disputes, judgments passed and on the average duration of consumer disputes to the Ministry in charge of judiciary, in a prescribed form, no later than on 31 March of the current year for the previous year. The Ministry in charge of judiciary shall deliver the consolidated data in a prescribed form to the Ministry no later than on 30 April of the current year for the previous year.
The Minister in charge of judiciary shall prescribe in more detail the contents and the method of keeping records and the appearance of the forms referred to in paragraph 4 of this Article.
In consumer disputes, the consumer shall not pay the court fee for the action and judgment, within the meaning of the law regulating the civil proceedings, where the value of the disputed subject matter does not exceed the amount of RSD 500,000.
2. Out-Of-Court Resolution of Consumer Disputes
Article 149
A consumer dispute can be resolved through out-of-court resolution of consumer disputes.
An out-of-court resolution of consumer disputes within the meaning of this Law shall be carried out in a transparent, efficient, fast and fair manner before the body for out-of-court resolution of consumer disputes (hereinafter referred to as: the Body).
The Minister shall regulate in more detail the conditions for establishing and operation of the Body, criteria for recording of the Body, reporting on work, remuneration for work of the Body, as well as the application form for entry on the list referred to in Article 150, paragraph 2 of this Law and the form for motion to initiate out-of-court dispute resolution procedure (hereinafter referred to as: the Motion).
The out-of-court resolution of consumer disputes, within the meaning of this Law, shall not apply:
1) In the field of medical services provided to patients for the purpose of treatment, including issuing of prescriptions;
2) In the field of provision of services of general interest which are not of economic nature;
3) In relation to the contracts concluded with the public service providers in the field of college education;
4) In consumer disputes that are within the scope of this Law, if the out-of-court resolution of the dispute is regulated by a special law, and in particular in the field of provision of electronic communications services, postal services, financial services, except for the financial agreements, travel services;
5) To resolution of disputes under the procedures established by the trader himself;
6) To direct negotiations between a consumer and a trader;
7) To the attempt of conciliation of parties relating to a dispute in civil proceedings;
8) In the procedures initiated by a trader against a consumer.
Bodies for Out-Of-Court Resolution of Consumer Disputes
Article 150
The bodies shall cooperate with the aim of coordinated acting, standardization, and exchange of good practices.
The Ministry shall make a list the Bodies and disclose it publicly.
The Bodies shall be persons with the capacity of an intermediary, in compliance with the law regulating mediation in dispute resolution, who have graduated from the faculties of law, acquired following the graduation two years of experience in civil law matter and who are entered on the list of Bodies referred to in paragraph 2 of this Article.
The list of bodies for out-of-court consumer dispute resolution shall comprise:
1) The name, address and internet address of all Bodies for out-of-court resolution of consumer disputes;
2) Information on natural persons in charge of dispute resolution and their professional experience;
3) Average duration of disputes;
4) Language i.e. languages in which an objection can be filed and procedure can be conducted;
5) Rules of procedure, if any;
6) Reasons due to which a Body can reject an out-of-court resolution of a consumer dispute.
Once a year, no later than on 31 January of the current year for the previous year, the Bodies shall publicly disclose on their web sites, providing that they have one, and to deliver to the Ministry a report comprising data on the number of received Motions for disputes’ initiating, of the initiated and completed disputes, the rate of enforced decisions of the bodies and on any significant problems identified.
If the Bodies cease to fulfill the prescribed conditions for entry on the list of Bodies or fail to deliver the report referred to in paragraph 5 of this Article, they shall be deleted from the list of Bodies and shall not be re-entered on the list for a period of one year from the date of deletion from the list.
Right to Out-Of-Court Resolution of Disputes
Article 151
The consumer may initiate a procedure before the Body only where he has previously presented a complaint or objection to the trader.
The trader shall take part in the procedure of out-of-court resolution of consumer disputes before the Body.
The trader shall prominently and clearly display in the point of sale the notice that he is legally obligated to take part in the out-of-court consumer disputes’ resolution procedures.
An out-of-court resolution of a consumer dispute in compliance with this Law may last for 90 days at the maximum from the date of filing of the Motion.
Notwithstanding paragraph 4 of this Article, in duly justified cases involving a complex subject matter of a dispute, the time limit of 90 days can be extended by additional 90 days at the maximum, of which both the consumer and the trader shall be notified without delay by the Body.
The consumer may withdraw from further participation in out-of-court resolution of a consumer dispute until the completion of the procedure.
Obligations of the Ministry Relating to Out-Of-Court Dispute Resolution
Article 152
The Ministry shall:
1) Maintain and update the web site comprising information on out-of-court dispute resolution, on the procedure and possibilities for filing Motions;
2) Receive Motions and forward them to the competent Bodies;
3) Effectuate payments of remunerations for work of the Bodies within the meaning of Article 167, paragraph 3 of this Law;
4) Supervise the work of the Bodies, draft and publish the annual report on the activities of the Bodies.
3. Principles of Out-Of-Court Resolution of Consumer Disputes
Article 153
Parties in the procedure of out-of-court resolution of consumer disputes shall be equal.
Article 154
The public shall be excluded from the procedures of out-of-court resolution of consumer disputes.
Article 155
The Body shall be independent in its work and act in an impartial manner.
Article 156
All data, Motions and statements from the out-of-court consumer dispute resolution procedure or relating to procedure shall be confidential, unless where the parties have agreed otherwise, except for those that have to be disclosed in compliance with the law or with the aim of applying or implementing agreements on out-of-court resolution of consumer disputes, as well as where the public interest dictates so.
Article 157
The out-of-court procedures of dispute resolution shall be conducted without delays, in a shortest possible time frame.
Article 158
In the procedures of out-of-court resolution of disputes, Serbian language and Cyrillic script shall be in official use. Other languages and scripts shall be officially used in compliance with the law.
In the areas where members of national minorities live, their respective languages and scripts shall also be in official use, in compliance with the Constitution and law.
4. Procedure of Out-Of-Court Resolution of Consumer Dispute
Motion to Initiate a Procedure of Out-Of-Court Resolution of a Consumer Dispute
Article 159
The Motion shall comprise:
1) Name, surname, domicile or residence of the consumer;
2) Business name, seat, tax identification number of the trader;
3) Data on the subject matter of the consumer dispute, with a description of the factual situation and evidence whereby facts should be determined;
4) Consumer’s proposal on the outcome of the consumer dispute;
5) Statement that the consumer has previously presented a complaint or an objection to the trader;
6) Date of submission of the complaint or objection;
7) Statement that the dispute is not in progress or already resolved in a court, arbitration or another proceeding;
8) Statement on the method of conducting of the procedure (directly or electronically);
9) Date and signature of the consumer.
The consumer shall deliver the Motion to the Ministry, directly, through the mail or electronically.
Following the receipt of the Motion referred to in paragraph 1 of this Article, the Ministry shall forward it to the Body that is nearest according to the place of performance of out-of-court resolution of consumer disputes to the consumer’s domicile or to the Body for which the Ministry has assessed that it will resolve the out-of-court dispute resolution procedure in the most expedient and efficient manner, bearing in mind the consumer’s proposal (e.g., conducting of the procedure electronically, selection of the Body nearest to the place of residence of the consumer, etc.).
The Motion referred to in paragraph 1 of this Article shall be disorderly if it comprises deficiencies that are preventing the Body to act upon it, if it is not comprehensible or if it is not complete. In such a case, the Body shall, within five days from the receipt of the Motion, inform the consumer how to make the Motion orderly, notably within a time limit that may not be shorter than five days, with a warning of the legal consequences if he fails to make the Motion orderly within the time limit left to him.
If the consumer fails to make the Motion orderly in compliance with paragraph 4 of this Article, it shall be considered that he has withdrawn from the Motion.
If the consumer makes the Motion orderly in compliance with paragraph 4 of this Article, it shall be considered that the Motion for out-of-court resolution of a consumer dispute has been submitted when the body receives the orderly Motion.
Rejection of Motions for Out-Of-Court Resolution of Disputes
Article 160
A motion shall be rejected due to the following reasons:
1) The Body is not competent for resolution in a dispute;
2) The dispute has already been resolved in a court, arbitration or another proceeding;
3) If the consumer fails to make the proposal orderly in compliance with Article 159, paragraph 4 of this Law;
4) Where the Motion has been submitted following the expiry of the time limit of one year from the date of complaint submission to the trader;
5) If the consumer, before submitting the Motion, has not presented a complaint in compliance with this Law.
The body shall decide on permissibility of the Motion within 15 days from the date of receipt of the Motion.
Article 161
A procedure shall be considered initiated when the Body receives an orderly consumer’s Motion and the conditions for rejection of the Motion referred to in Article 160 of this Law do not exist.
The Body shall deliver the orderly Motion to the trader enclosed with a notification to the trader to reply within 15 days from the delivery of the Motion with attachments on whether he recognizes or contests the consumer’s Motion.
Where the trader contests the Motion, he shall state in his reply the facts on which his allegations are based and evidence whereby such facts are determined.
Implementation of the Out-Of-Court Consumer Dispute Resolution Procedure
Article 162
The Body shall acquaint the parties with the objective of the out-of-court dispute resolution, rules and costs of the procedure.
The Body may schedule an oral hearing whenever useful for clarification of the dispute in question, and the consumer and the trader shall take part in the oral hearing.
The Body may suspend the procedure where it assesses that further proceedings are not worthwhile or if the consumer fails to attend the oral hearing.
Article 163
The out-of-court dispute resolution procedure shall be completed:
1) By a recommendation on the resolution method of the consumer dispute;
2) By concluding an agreement on dispute resolution;
3) By a decision of the Body that the procedure is to be suspended, since further conducting of the procedure is not worthwhile (e.g. due to complexity of the proceedings, etc.).
Article 164
Where the parties to the procedure fail to reach an agreement, the Body may issue a recommendation on the method of dispute resolution, where it assesses that to be worthwhile.
The recommendation shall be drawn up in writing, with an explanation, and it shall be delivered to the parties to the proceeding.
The recommendation shall not be binding upon the parties to the proceeding.
Agreement on Dispute Resolution
Article 165
Where the parties to an out-of-court consumer dispute resolution proceeding reach an agreement, the Body shall draw it up in writing and deliver to the parties for signature.
The contents of the agreement on dispute resolution through out-of-court resolution of a consumer dispute shall be determined by the parties to the proceeding.
The Body shall deliver the signed agreement to the parties to the proceeding and to the Ministry.
Agreement on Out-Of-Court Resolution of a Consumer Dispute as an Enforceable Legal Instrument
Article 166
An agreement of out-of-court resolution of a consumer dispute may have the force of an enforceable legal instrument if the following conditions are fulfilled:
1) That it comprises the debtor’s statement whereby he accepts that the creditor, based on an agreement on dispute resolution in the procedure of out-of-court resolution of a consumer dispute, once that the claim is due and mature, may initiate the procedure (enforceability clause);
2) The agreement must be signed by the parties to the dispute in the procedure of an out- of-court consumer dispute resolution and by the Body.
Costs of Out-Of-Court Resolution of a Consumer Dispute
Article 167
Each party to the procedure of out-of-court resolution of consumer disputes shall pay their respective costs (the costs of representation, travel expenses, etc.).
The work of the Body for out-of-court resolution of a consumer dispute shall be free of charge for the parties to the procedure of out-of-court resolution of the consumer dispute.
The Bodies may be financed from the budget of the Republic of Serbia in compliance with the law, Strategy and Operational Plan of the Government.
A local self-government unit may, based on an agreement with a Body, support the work of the Body by providing spatial and technical resources.
Right to Court Protection and Resolution of Consumer Disputes by Arbitration
Article 168
Initiating and conducting of out-of-court procedures for resolution of consumer disputes shall not exclude and shall not affect exercising of the rights to court protection in compliance with the law.
Consumer’s participation in out-of-court resolution of a dispute shall not affect the consumer’s right to demand compensation for damages in a judicial procedure.
Limitation and preclusive periods shall not run in the course of the procedure of out-of-court resolution of a consumer dispute, and they shall commence to run again upon the expiry of the fifteenth day from the date of conclusion of that procedure.
A consumer dispute can also be resolved by arbitration, where the consumer and the trader conclude an arbitration agreement following the occurrence of the dispute.
An arbitration agreement shall be a legal instrument signed by both the contracting parties which shall not include any agreements other than those relating to the arbitration procedure.
The trader shall acquaint the consumer prior to signing of the arbitration agreement with the legal consequences of the acceptance of arbitration agreement, in particular with the mandatory nature of the arbitration decision and costs of such procedure.
Mutatis Mutandis Application of Other Regulations
Article 169
The law regulating mediation in dispute resolution shall apply mutatis mutandis to the issues relating to out-of-court resolution of consumer disputes that are not regulated by this Law.
XIV PROTECTION OF COLLECTIVE INTEREST OF CONSUMERS
Collective Interest of Consumers
Article 170
A violation of collective interest of consumers shall exist where:
1) Where, through identical action, i.e. in the same manner, the right of the total number of at least ten consumers as guaranteed by this Law have been violated by the same person, or
2) In the event of unfair provisions in consumer contracts within the meaning of Articles 40 through 44 of this Law.
The violation of the collective interest of consumers referred to in paragraph 1, item 1) of this Article shall also exist in cases where the rights of the total number of less than ten consumers have been violated, if the competent authority determines that the violation of the collective interest of consumers has taken place, taking into account in particular the duration and frequency of the trader’s conduct, as well as the fact whether such conduct exerts negative effects to every customer in the given factual situation.
Ex Officio Initiating of Procedure
Article 171
The Ministry shall ex officio initiate and conduct the procedure for determining violations of the collective interest of consumers where in the course of a supervision procedure, on the basis of initiatives, information and other available data delivered to it, it can reasonably assume that an action or omission to act by a market participant, and in particular the existence of an unfair contract provision, jeopardizes or threatens to jeopardize the collective interest of consumers.
The procedure for the protection of the collective interest of consumers may be conducted against the trader i.e. traders’ association whose conduct is contrary to the provisions of this Law, or where they have stipulated unfair contract provisions within the meaning of this Law.
Initiating of Procedure by Motion of the Party
Article 172
Other than ex officio, the procedure for the protection of the collective interest can also be initiated and conducted based on a motion of an authorized person.
Persons Authorized to Submit a Motion for Protection of Collective Interest of Consumers
Article 173
A motion for the protection of the collective interest of consumers may be submitted by the listed associations i.e. alliances referred to in Article 140 of this Law.
Parties to Procedure and Instituting Procedure
Article 174
The parties to the procedure for protection of the collective interest of consumers shall be the person against whom the procedure is being instituted and the applicant.
The capacity of party shall neither be accorded to the applicants who have submitted the initiative for examining the violation of the collective interest of consumers, providers of information and data, experts and organizations whose analyses are utilized in the procedure, nor to the state authorities and organizations that cooperate with the Ministry in the course of the procedure.
A conclusion on initiation of the procedure for protection of the collective interest of consumers shall be adopted, which shall comprise in particular a description of the actions or acts that may constitute a violation of the collective interest of consumers, the legal basis and the reasons for instituting the procedure.
A special appeal shall not be permitted and no administrative dispute can be initiated against the conclusion on initiation of the procedure.
The Ministry shall notify the person against which the procedure for the protection of collective interest of consumers is initiated of the reasons for conducting the procedure, as well as of the facts and evidence in the procedure of relevance, and invite him to make a statement within eight days from the date on which the notification is received.
Decisions in Procedure for Protection of Collective Interest of Consumers
Article 175
The Ministry shall decide, by means of a decision, on the existence of a violation and determination of a measure.
The person against whom the procedure is conducted may, during the course of the procedure and until the completion of the procedure, provide a proposal of obligations that he is ready to undertake in order to remove the breach of the law, inclusive of the conditions and time limits for implementation (a corrective statement).
The decision referred to in paragraph 1 of this Article shall also comprise the time limit for the implementation of the imposed measure.
An administrative dispute can be initiated against the decision passed in the procedure for protection of the collective interest of consumers.
Measure to Protect the Collective Interest of Consumers
Article 176
Where it is established that a violation of the collective interest has taken place, a measure for the protection of the collective interest of consumers shall be imposed, whereby a person against whom the procedure has been conducted may be instructed to behave in a certain manner or certain behavior may be prohibited for him, and in particular to:
1) Stop violating the provisions of this Law whereby the collective interest of consumers is jeopardized and to refrain from any future violations;
2) Remove the identified irregularity;
3) Without delay suspend stipulating unfair contract provisions.
In the decision referred to in Article 175, paragraph 1 of this Article, the Ministry may impose against the trader the obligation to inform the Ministry within a specified time limit of the implementation of the imposed measures.
The decision whereby measure referred to in paragraph 1 of this Article is imposed shall be published on the web site of the Ministry.
Article 177
Where there is a threat of occurrence of harmful consequences for consumer rights and interests, the Ministry may, at the proposal of the applicant, order the termination of certain actions, i.e. the obligation to undertake the actions whereby the harmful consequences are prevented or removed.
The injunction may last until a decision in the procedure for protection of collective interest of consumers is passed.
Article 178
The Ministry shall suspend the procedure for protection of collective interest of consumers if the trader undertakes the obligation by means of a corrective statement not to proceed with or repeat the same action or act that is harmful for the collective interest of consumers.
The suspension of the procedure referred to in paragraph 1 of this Article may last for three months at the maximum.
The Ministry shall ex officio oversee the compliance with the obligation referred to in paragraph 1 of this Article.
If the party against whom the procedure is conducted fails to comply with or breaches the undertaken obligations prior to the expiry of the time limit of three months, the Ministry shall resume the procedure.
If the party against whom the procedure is conducted fulfills the obligations undertaken within the prescribed time limit, the Ministry shall terminate the procedure.
Procedure for Compensation for Damage
Article 179
Instituting or conducting procedure for the protection of the collective interest of consumers shall not prevent the consumer who has suffered damage to institute proceedings for compensation of such damage before the court of relevant jurisdiction or to institute proceedings before the court for the cancellation or determination of the invalidity of the contract, i.e. to institute before the court any other proceedings requesting the exercise of his rights.
Application of Rules of General Administrative Procedure
Article 180
The law regulating the general administrative procedure shall apply to any issues relating the procedure for protection of collective interest of consumers not regulated by this Law.
Article 181
The Ministry shall supervise the implementation of this Law and regulations passed on the basis of this Law.
The state administration authorities and the authorities of Autonomous Province and local self-government units shall, within the scope of their work, supervise the implementation of regulations in the field of consumer protection and take actions prescribed by this Law and other regulations.
Inspection of the implementation of this Law and regulations passed on the basis of this Law shall be conducted by the ministry in charge of trade, through the market inspectors, as well as by the ministry in charge of tourism, through tourist inspectors, in accordance with the authorizations prescribed by this Law and regulations governing inspection in the fields of trade and tourism.
Article 182
When performing supervision, the authorities referred to in Article 181, paragraph 2 of this Law shall cooperate with one another and provide one another with data and notifications required for work relating to issues of consumer protection.
With the aim of improving cooperation and coordination of supervisory activities, the Government may, at the proposal of the Minister in charge of consumer protection, establish coordination bodies.
The Ministry shall manage the consumer protection activities. The authorities referred to in Article 181, paragraph 2 of this Law shall deliver to the Ministry analysis of the state of affairs in the fields from their respective scopes of work relating to consumer protection and to provide opinions on the issues of significance for consumer protection.
Article 183
The competent inspector shall, in the course of inspection, have the rights, duties, and authorizations prescribed by this Law and the laws regulating inspection supervision in the fields of trade and tourism.
Provisions of the law regulating inspections shall apply to the procedure of inspection.
Reports of the breaches of the law, i.e. other information, tips, submissions and requests submitted with a view to undertaking inspections shall have the effect of an initiative for instituting of the procedure, and the persons submitting such initiatives shall not have the capacity of a party to the procedure.
The inspector shall draw up minutes recording all the actions taken in the inspection procedure of relevance for determining the factual situation.
Measure for Removal of Unlawfulness
Article 184
Where the inspector determines unlawfulness, he shall order the trader, by means of the inspection minutes, to remove the unlawfulness identified, with an appropriate time limit for its removal.
The time limit referred to in paragraph 1 of this Article may not be shorter than 24 hours or longer than two months, unless where prescribed otherwise.
If the inspector determines that the trader has taken a measure ordered to him and removed the unlawfulness, he shall close the procedure of inspection by providing the trader with minutes in which he shall state that the identified unlawfulness or deficiencies in his operations or actions have been removed.
If the trader does not remove the identified unlawfulness within the time limit left to him, the inspector shall, without delay, pass a decision whereby he shall impose the measure for removal of unlawfulness with an appropriate time limit referred to in paragraph 2 of this Article.
If the trader does not comply with the decision referred to in paragraph 4 of this Article, the inspector shall, by means of a decision, impose the measure of a temporary ban on circulation of goods or performance of services to which the measure pertains.
Article 185
By means of the measure referred to in Article 184 of this Law, the competent inspector shall impose removal of the identified unlawfulness against a trader where he:
1) Does not display the prices in compliance with Articles 6 through 10 of this Law;
2) Does not comply with the displayed price and sales conditions referred to in Article 11 of this Law;
3) Does not inform the consumers in compliance with Article 12, Article 26, Articles 86 and 87, Article 93 and Articles 119 through 121 of this Law;
4) Charges additional costs without prior explicit consent from the consumer, in compliance with Article 13 of this Law;
5) Acts contrary to Article 25 of this Law;
6) Does not provide the consumer with the withdrawal form for the distance contracts and off-premises contracts in compliance with Articles 29 and 30 of this Law;
7) Has not effectuated refund of the amount paid that he has received from the consumer as well as the delivery costs, in case of a withdrawal from contract within the legal time limit of 14 days, in compliance with Article 33, paragraph 1 of this Law;
8) Carries out direct marketing contrary to Article 37 of this Law;
9) Sends unsolicited packages to the consumer, in accordance with Article 38, paragraph 1 of this Law;
10) Engages in advertising by using the means of distance communication, contrary to Article 39 of this Law;
11) Does not provide the consumer with the accompanying documentation with the goods, in compliance with Article 46 of this Law;
12) Does not act in compliance with Article 47, paragraph 4 of this Law;
13) Does not issue to the consumer the warranty card, in compliance with Article 53 or Article 80, paragraph 3 of this Law;
14) Abuses the term "warranty" and a term of that meaning, in compliance with Article 54 of this Law;
15) Does not inform the consumers of the manner and place for receiving complaints or does not ensure the presence of a person authorized to receive complaints during the working hours, in compliance with the provision of Article 55 of this Law;
16) Does not keep the records of complaints in compliance with the provision of Article 55 of this Law;
17) Suspends provision of a service of general economic interest to the consumer, contrary to Article 85 of this Law;
18) Does not issue the bill in compliance with Article 90 of this Law;
19) Does not establish a contact line relating to the connection to distribution network, quality and use of services of general economic interest, in compliance with Article 91 of this Law;
20) Advertises of offers for sale the tourist travels, contrary to Article 96 of this Law;
21) Does not inform the consumer of the data relating to the host family and the responsible person that the pupil i.e. student can contract for assistance in the place of stay, in compliance with Article 109, paragraph 3 of this Law;
22) Does not issue a certificate of guarantee due to insolvency, in compliance with Article 118 of this Law;
23) Does not advertise and does not offer the time-share use of immovable properties, long-term holiday benefits, assistance in resale of time-share use of immovable properties and long-term holiday benefits, i.e. exchange of time-share use of immovable properties, in compliance with Article 120 of this Law;
24) Does not facilitate separate signing of contractual provisions on the consumer’s right to withdrawal from contract, on the duration of such right and on the prohibition of advance payments during the validity term of the right of withdrawal from contract, in compliance with Article 121, paragraphs 8 and 9 of this Law.
By means of the measure referred to in Article 184 of this Law, the competent inspector shall order to the trader which is the provider of warranty to remove the identified unlawfulness, it he:
1) Sells the goods with the warranty card that has been drawn up contrary to Article 53, paragraph 2 of this Law;
2) Abuses the term "warranty" and the terms of such meaning, in compliance with Article 54 of this Law.
By means of the measure referred to in Article 184 of this Law, the competent inspector shall prohibit the trader to engage in the business practice that is considered to be unfair within the meaning of Articles 16-22 of this Law.
Article 186
Appeal can be filed with the Minister against the decision referred to in Article 184, paragraph 4 of this Law, within eight days from the date of receipt of the decision.
The appeal referred to in paragraph 1 of this Article shall not suspend the enforcement of the decision.
An administrative dispute can be instituted against the second instance decision of the Minister by the party against which a measure has been imposed in the inspection procedure, within 14 days from the date of receipt of the second instance decision.
Article 187
A legal person shall be sanctioned for a misdemeanor with a fine ranging from RSD 300,000.00 to RSD 2,000,000.00 if it:
1) Does not display the price in compliance with Article 10 of this Law;
2) Engages in unfair business practice referred to in Article 17 of this Law;
3) Deceives the consumer in the manner prescribed by Articles 18 through 20 of this Law;
4) Engages in aggressive business practices, as prescribed in Articles 21 and 22 of this Law;
5) Does not deliver the goods to the consumer within the time limit prescribed by Article 31, paragraph 1 of this Law;
6) Does not deliver to the consumer the goods or the legal instrument based on which the goods can be taken over, in compliance with Article 45, paragraph 1 of this Law;
7) Does not hand over to the consumer the goods of the agreed quantity, in compliance with Article 45, paragraph 2 of this Law;
8) When delivering the goods to the consumer, fails to hand over the documents relating to the goods, in compliance with Article 46 of this Law;
9) Fails to acquire consumer’s consent for the performance of additional work, in compliance with Article 70 of this Law;
10) Does not act in compliance with Article 82, paragraph 2 or paragraph 4 or paragraph 5 of this Law;
11) Suspends the provision of a service of general economic interest to the consumer, contrary to Article 85, paragraphs 1 through 5 and paragraph 8 of this Law;
12) Authorizes another legal or natural person to contact the consumer, without a previously obtained explicit consent from the consumer, in person, by telephone, fax, mail, electronic mail or another means of distance communication, with a view to collecting the claim from the contract, contrary to Article 85, paragraphs 6 and 7 of this Law;
13) Does not allow the consumer to terminate the contract on provision of services of general economic interest, in compliance with Article 88 of this Law;
14) Does not inform the consumer of the data referred to in Article 93 of this Law;
15) Acts contrary to Article 95, paragraph 1 of this Law;
16) Advertises or offers a tourist travel contrary to Article 96 of this Law;
17) Acts contrary to Article 97 of this Law;
18) Acts contrary to Article 101, paragraph 1 of this Law;
19) Unilaterally increases the price contrary to Article 101, paragraph 3 of this Law;
20) Acts contrary to Article 101, paragraph 5 of this Law;
21) Does not enable to the traveler to use the right to price reduction, contrary to Article 101, paragraph 6 of this Law;
22) Unilaterally modifies the contract contrary to Article 102, paragraph 1 of this Law;
23) Does not inform the traveler without delay of the alteration of the essential provisions of the contract, contrary to Article 102, paragraph 2 of this Law;
24) Does not act in compliance with Article 102, paragraph 3 of this Law;
25) The notification of the alteration of contractual terms does not include the data referred to in Article 102, paragraph 4 of this Law;
26) Does not conclude a new contract and does not provide a new travel guarantee, contrary to Article 102, paragraph 6 of this Law;
27) Does not enable an appropriate price reduction to the traveler in compliance with Article 102, paragraph 7 of this Law;
28) Acts contrary to Article 103, paragraph 4 of this Law;
29) Acts contrary to Article 103, paragraph 5 of this Law;
30) Acts contrary to Article 103, paragraph 6 of this Law;
31) Acts contrary to Article 105, paragraph 7 of this Law;
32) Acts contrary to Article 105, paragraph 8 of this Law;
33) Within 48 hours at the latest does not conclude the contract with the traveler, contrary to Article 106, paragraph 6 of this Law;
34) Does not hand over the notification referred to in Article 106, paragraph 8 of this Law;
35) Acts contrary to Article 106, paragraph 9 of this Law;
36) Does not act in compliance with Article 109, paragraph 1 of this Law;
37) Acts contrary to Article 109, paragraph 3 of this Law;
38) Acts contrary to Article 112, paragraph 1 of this Law;
39) Acts contrary to Article 112, paragraph 4 of this Law;
40) Acts contrary to Article 112, paragraph 5 of this Law;
41) Limits his liability to compensation for damage to the amount that is lower than the triple total price of the tourist travel, contrary to Article 114, paragraph 2 of this Law;
42) Does not enable the traveler to contact the person responsible for receiving travelers’ complaints in a simple and accessible manner during the tourist travel, contrary to Article 115, paragraph 1 of this Law;
43) Acts contrary to Article 116, paragraph 2 of this Law;
44) Does not provide the traveler with the refund of the means paid in compliance with Article 118, paragraph 3 of this Law;
45) Does not inform the consumer in compliance with Article 119, paragraph 1 of this Law;
46) Acts contrary to Article 119, paragraph 2 of this Law;
47) Does not provide the consumer with the certified translation of the data from the information forms in the language of destination where the immovable property is situated, in compliance with Article 119, paragraph 5 of this Law;
48) Acts contrary to Article 120, paragraph 1 of this Law;
49) Acts contrary to Article 120, paragraph 3 of this Law;
50) Does not provide the consumer with the certified translation of the contract in the language of the destination in which the immovable property is situated, contrary to Article 121, paragraph 2 of this Law;
51) Acts contrary to Article 121, paragraph 3 of this Law;
52) Acts contrary to Article 121, paragraph 6 of this Law;
53) Acts contrary to Article 121, paragraph 7 of this Law;
54) Acts contrary to Article 126, paragraph 1 of this Law;
55) Acts contrary to Article 126, paragraph 2 of this Law;
56) In the contract on long-term holiday benefits fails to enable to the consumer to pay the price according to a staggered payment schedule in annual payments of equal value during the validity term of the contract, contrary to Article 127, paragraph 1 of this Law;
57) Acts contrary to Article 127, paragraph 4 of this Law;
58) Violates the collective consumer interest referred to in Article 170 of this Law;
59) Acts contrary to the measure for protection of collective consumers’ interest referred to in Article 176 of this Law;
60) Acts contrary to the order from the inspector’s decision referred to in Article 184, paragraph 4 of this Law.
A natural person or a responsible person in a legal person shall be sanctioned for the actions referred to in paragraph 1 of this Article with a fine ranging from RSD 50,000.00 to RSD 150,000.00.
A sole trader shall be sanctioned for the actions referred to in paragraph 1 of this Article with a fine, ranging from RSD 50,000.00 to RSD 500,000.00.
Article 188
A legal person shall be sanctioned with a fine amounting to RSD 50,000 if it:
1) Does not display the price in compliance with Articles 6 through 9 of this Law;
2) Acts contrary to Article 11 of this Law;
3) Does not inform the consumer in compliance with Article 12 of this Law;
4) Charges additional costs without prior explicit consent from the consumer, in compliance with Article 13 of this Law;
5) Sells, serves, and gives away alcoholic drinks, including beer, tobacco products and pyrotechnical products to persons under the age of 18, contrary to Article 23, paragraph 1 of this Law;
6) Refuses to sell to a consumer goods that are displayed or otherwise prepared for sale or refuses to provide service that can be provided, where that is not contrary to another regulation and generally accepted business practice, contrary to Article 25, paragraph 1 of this Law;
7) Acts contrary to Article 25, paragraph 3 of this Law;
8) Offers special sales incentives for purchase of goods and services, contrary to Article 25, paragraph 4 of this Law;
9) Fails to notify the consumer prior to concluding a distance contract and an off-premises contract on data referred to in Article 26 of this Law;
10) When concluding distance contracts and off-premises contracts does not hand over to the consumer the contract withdrawal form, in compliance with Articles 29 and 30 of this Law;
11) Has not provided a refund of the amount paid that he has received from the consumer, as well as the delivery costs, in the case of withdrawal from contract within the legal time limit of 14 days, in compliance with Article 33, paragraph 1 of this Law;
12) Acts contrary to Article 37 of this Law;
13) Sends unsolicited parcels to a consumer, contrary to Article 38 of this Law;
14) Engages in advertising through the means of distance communication, contrary to Article 39 of this Law;
15) On the bill or another contract legal instrument fails to legibly and clearly indicate the time limit for the delivery of goods, in accordance with Article 45, paragraph 4 of this Law;
16) Has not refunded the consumer for the total amount paid based on the contract in case of contract termination, in compliance with Article 47, paragraph 4 of this Law;
17) Fails to act in compliance with Article 53, paragraphs 2 and 3 and paragraph 5 of this Law;
18) Uses the term "warranty" and a term having that meaning, contrary to Article 54 of this Law;
19) Fails to act in compliance with Article 55, paragraph 3 of this Law;
20) In the point of sale does not prominently display the notice of the manner and place for receiving complaints or in the place designated for receiving complaints does not ensure the presence of a person authorized to receive complaints during the working hours, in compliance with Article 55, paragraph 4 of this Law;
21) Does not maintain and does not keep the records of received consumers’ complaints, in compliance with Article 55, paragraph 6 and paragraph 8 of this Law;
22) Fails to issue to the consumer a written certificate, i.e. to electronically confirm the receipt of the complaint, in compliance with Article 55, paragraph 7 of this Law;
23) Does not act in the manner and within the time limit provided for in Article 55, paragraph 9 of this Law;
24) Does not act in the manner prescribed by Article 55, paragraph 10 of this Law;
25) Does not notify the consumer of the extension of the time limit for complaint resolution in compliance with Article 55, paragraph 11 of this Law;
26) Fails to notify the consumer in compliance with Article 55, paragraph 12 of this Law;
27) Does not act in compliance with Article 74, paragraph 1 of this Law;
28) Does not notify the consumer of the data referred to in Articles 86 or 87 of this Law;
29) Does not issue a bill for the services of general economic interest in compliance with the requirements of bill itemization referred to in Article 90 of this Law;
30) Does not establish a toll-free telephone line in compliance with Article 91 of this Law;
31) Fails to act in compliance with Article 151, paragraph 2 or paragraph 3 of this Law;
32) Fails to reply in compliance with Article 161, paragraph 2 of this Law;
33) Does not take part in an oral hearing in compliance with Article 162, paragraph 2 of this Law.
The responsible person with the legal person shall also be sanctioned with a fine for the misdemeanor referred to in paragraph 1 of this Article amounting to RSD 8,000.
A sole trader shall also be sanctioned for the misdemeanor referred to in paragraph 1 of this Article with a fine amounting to RSD 30,000.
Article 189
In addition to the sanction for the misdemeanor referred to in Article 187, paragraph 1, items 2) through 6) and item 60) of this Law, a protective measure comprising of a ban on pursuit of the specified activity with a duration ranging from six months to one year, as well as the protective measure of public disclosing of the judgment can also be imposed against a legal person.
In addition to the sanction for the misdemeanor referred to in Article 187, paragraph 2 of this Law, for the actions referred to in Article 187, paragraph 1, items 2) through 6) and item 60) of this Law, a protective measure comprising of a ban on performance of specific jobs of the duration ranging from three months to one year can be imposed against the responsible person of the legal person.
In addition to the sanction for the misdemeanor referred to in Article 187, paragraph 3 of this Law, for the actions referred to in Article 187, paragraph 1, items 2) through 6) and item 60) of this Law, a protective measure comprising of a ban on performance of specific activities of the duration ranging from six months to one year can also be imposed against a sole trader.
Limitation Period for Misdemeanors
Article 190
The misdemeanor procedure for misdemeanors referred to in Articles 187 and 188 of this Law may not be initiated or conducted if two years have passed since the date on which the misdemeanor was committed, except for the misdemeanors referred to in Article 187, paragraph 1, items 58) and 59) of this Law, for which no misdemeanor procedure can be initiated or conducted if three years have passed from the date on which the misdemeanor was committed.
Provisions of the law regulating misdemeanors shall apply to the issues relating to the limitation period for initiating and conducting of misdemeanor procedures that are not regulated by this Law.
XVII TRANSITIONAL AND FINAL PROVISIONS
Article 191
The associations and alliances that are entered on the List of Associations and Alliances maintained by the Ministry shall, within one year from the date of entry into force of this Law, fulfill the conditions prescribed by this Law for entry on the List prescribed by this Law.
The bodies for out-of-court resolution of consumer disputes shall be entered on the list of bodies for out-of-court resolution of consumer disputes under the conditions and in the manner prescribed by the secondary legislation referred to in Article 149, paragraph 3 of this Law.
Article 192
The procedures that have not been completed by the initial date of application of this Law shall be completed in compliance with the provisions of the regulations under which they have been initiated.
Article 193
The secondary legislation to be passed based on the authorizations from this Law shall be passed within the time limit of one year from the date of entry into force of this Law, except for the secondary legislation referred to in Article 148, paragraph 5 of this Law, which shall be passed within two year from the date of entry into force of this Law.
Article 194
The secondary legislation passed until the date of entry into force of this Law shall apply until the adoption of the secondary legislation based on the authorizations from this Law, providing that it is not contrary to this Law.
Article 195
As of the initial date of application of this Law, the Law on Consumer Protection ("Official Herald of RS", Nos. 62/14, 6/16 - other law and 44/18 - other law) shall be repealed.
Article 196
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia", and it shall become applicable upon the expiry of three months from the date of entry into force, except for the provisions of Articles 149 through 169, which shall apply upon the expiry of six months from the date of entry into force of this Law.