FlyingFreeYupie

If an airline wants to cancel your reservation, are they legally bond to do so under a certain time frame? Or can they cancel up to the day of departure? EC261 would apply in this case, but disregarding that, can they still do it?

fumje

Those questions may be better for the TAP forum.
https://www.flyertalk.com/forum/tap-...-miles-go-767/

You can see some other folks' experiences in similar circumstances here:
Cancelling and getting a refund from TAP

But to respond generically, breaking up the quote --

No time frame as far as I am aware.

Yes. I doubt they will wait until day before departure to do so, though. There will probably be a rash of discussion on flyertalk if cancellations start hitting.

Yes, they can do what they want, subject to the contract of carriage an any applicable local regulations.

Bottom line: don't overthink this. You got a great deal, and as long as you check regularly you'll notice if something gets cancelled. Others' experiences posted here (in the various forums) can, many times, be helpful for figuring out what to do yourself.

Repooc17

Yes.

While EC261 is passenger friendly, it's not a handout by default you would get compensation for all scenarios delays and cancellations.

warakorn

Most likely not!

Regularly, only dual-citizens (having both an EU and US citizenship) may travel relatively freely between the US and Portugal.

In my eyes you gave TAP a present of USD 1000. You most likely won't ever see that money again.

s777bg

You never heard about a chargeback?

joachimm

I made the mistake (?) of putting a hold on my ticket instead of purchasing, and when I went to purchase, it says it's been cancelled. So if they are cancelling these fares I guess I'm glad I only have to argue over $13x2 for the hold. It might not even be worth it, but I do wonder how much the phone reps are paid/hr. I might be able to get my $ back in satisfaction.

IAN-UK

There's nothing to prevent them withdrawing from the contract, but in that case they would have to return what you paid for the ticket. You'd be able to take them to court, but it's not clear what you'd get out of that, even if you won.

It would be very doubtful you'd win. The airline would claim bad faith on your part: their position being that the fare was so grossly below normal levels that you were aware, or should have been aware, that it was offered in error.

On the other hand, it's TAP. The tickets are crazy cheap, but it's revenue and TAP is floundering in debt. Seats may not be selling well, so the opportunity cost of letting you fly is low enough to make the hassle of tearing up your ticket unreasonable.



EC261 has nothing to do with it. It's a contractual issue. If they cancel your ticket you don't have the documents to fly, so no denied boarding.

FlyingFreeYupie

Any airline would still need to abide by EC261 as far as when they cancel the ticket.

craigthemif

Not quite.

An airline abides by a court of law telling them that a particular case falls under EC261. Many European airlines no longer "abide by EC261" automatically. Instead they wait for the court ruling and hope that the customer gives up without trying.

Unless you are planning to go through a small claims case in Portugal, you're relying on US contract law and any additional help the DOT might provide. And IIRC the DOT has given airlines the loophole to cancel mistake fares whenever they want.

warakorn

A chargeback is funded by the acquiring bank.
Since TAP is so much in trouble financially-speaking, your card issuer will have a hard time getting these funds from the acquirer.

So, a chargeback is not 100% guarantee to claiming back the money.

IAN-UK

No. You are wrong there. Cancellation clauses in EC261 refer to flight cancellation: it's your ticket that has been cancelled. And that happened because the airline believes it's clear you didn't operate in good faith.

TAP, if it acts in the way we are discussing, simply withdraws from the contract it has with you by cancelling your ticket. You would need to take it from there with some form of adjudication through the courts. Or appeal to your regulatory authority.

It would be hard to convince a court you didn't understand this fare was not a kosher fare. So, it's very unlikely you would win in court, and unlikely the regulator would find merit in the case.



In short, best to save yourself time, energy and money: accept the refund, get back what you paid. That way you finish up where you started, no losses.

hoipolloi

it's still worth trying. Hit this scummy airline with all the firepower you have in your arsenal

Bluehen1

Had a TAP trip for last September. They canceled the flights in August. I asked for the refund then. They gave me case numbers. In early December, when I hadn’t seen the credit I called and asked for status. My refund had been approved. Two weeks later, I filed a chargeback because TAP was non-responsive. Was processed immediately and fully approved two weeks later. Was about $1500 in my case.

FlyingFreeYupie

If the airline cancels the ticket one day before departure, that is essentially cancelling the flight and therefore EC261 applies. That's just logic and my opinion.

Anyways, we're getting ahead of ourselves. Almost 48 hours later and the airline hasn't cancelled anything. All tickets issued are OK for now.

FlyingFreeYupie

If I lack the right documentation to enter a destination and the flight is still operating, there are no chargeback rights.

Still, if TAP cancels your flight, they'll let you re-book within a year. They are scummy and deceitful as far as refunds and vouchers go, though.