Jul 18, 2019, 5:20 pm
Last edit by: Prospero
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
Best FT thread for referencing EC261/2004: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf
Where and how to address for EC 261 claims:
Link to article on Wikipedia: "The Flight Delay Compensation Regulation (EC) No 261/2004 is a regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005. It sets out the entitlements of air passengers when a flight that they intend to travel on is delayed or cancelled, or when they are denied boarding to such a flight due to overbooking, or when the airline is unable to accommodate them in the class they had booked." It applies to Member States and includes French overseas territories.
Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)
Link to EC 261/2004 text in several languages.
Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004
Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."
Link to contact details of EC 261/2004 enforcement bodies
Link to English language EC 261/2004 compliaint form PDF
Email for EC claims at (to determine)
Link to BAEC Forum lengthy EC261/2004 thread.
Link to thisismoney.co.uk article explaining EC261/2004.
Emirates told to pay out on missed connection claims, by Mark Caswell, Business Traveller, 19 Mar 2018
“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
(lower right wiki corner)
Best FT thread for referencing EC261/2004: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Note update - 2016 June 10
EU clarification on EC261/2004
http://ec.europa.eu/transport/themes...16)3502_en.pdf
Where and how to address for EC 261 claims:
EC261/2004 claims should be lodged with the operating airline.
Go to the complaints page, select "Submit a complaint", and select "Delay" in the drop-down box.
Keep the comments to the bare minimum - stick to the facts, and best to use bullet points. Keep all commentary about anything other than the bald facts of the case out of the submission ("We were very upset and disappointed..." etc etc) and make no reference to any of the topics already explained to you in this thread to be of no relevance to the airline or to this claim ("We lost the first pre-paid night of our vacation as we had a non-refundable hotel booking" etc etc)
Attach scans/photographs of your boarding passes - the original boarding passes showing the original departure details, and the replacement boarding passes showing the later actual departure details - and include the original e-ticket receipt and any communications/emails/texts from the airline notifying you of the delay.
I would also advise you specifically write that you want the €600 per passenger in cash (transferred to your bank account) rather than a voucher to be used with TAP within 12 months of 50% greater value...unless this truly is your wish. I've explained above why it is generally a bad idea to accept a voucher in lieu of cash.
Go to the complaints page, select "Submit a complaint", and select "Delay" in the drop-down box.
Keep the comments to the bare minimum - stick to the facts, and best to use bullet points. Keep all commentary about anything other than the bald facts of the case out of the submission ("We were very upset and disappointed..." etc etc) and make no reference to any of the topics already explained to you in this thread to be of no relevance to the airline or to this claim ("We lost the first pre-paid night of our vacation as we had a non-refundable hotel booking" etc etc)
Attach scans/photographs of your boarding passes - the original boarding passes showing the original departure details, and the replacement boarding passes showing the later actual departure details - and include the original e-ticket receipt and any communications/emails/texts from the airline notifying you of the delay.
I would also advise you specifically write that you want the €600 per passenger in cash (transferred to your bank account) rather than a voucher to be used with TAP within 12 months of 50% greater value...unless this truly is your wish. I've explained above why it is generally a bad idea to accept a voucher in lieu of cash.
Code:
The regulation applies to any passenger: - departing from an airport located in the territory of a Member State to which the Treaty applies;
Code:
The protection accorded to passengers departing from or to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community.
Code:
- departing from an EU member state, or travelling to an EU member state - on an airline based in an EU member state if that person has: - a confirmed reservation on the flight, and - arrived in time for check-in as indicated on the ticket or communication from the airline airline, or, if no time is so indicated, no less than 45 minutes prior to the scheduled departure time of the flight or - have been transferred from the flight for which he/she held a reservation to some other flight unless - the passenger is travelling on a free or discounted ticket not available to the general public, other than a ticket obtained from a frequent flyer programme. It does not apply to helicopter flights, to any flight not operated by a fixed-wing aircraft, nor to flights from Gibraltar Airport.[1] (wikipedia)
Heretofore, the ruling only applied to flights leaving Europe on all airlines, or flights from anywhere to Europe, on European airlines. Most recently (July 2019), a new European Court of Justice ruling commands that even flights which connect to non-EU airlines, but were booked as one ticket from the EU must be compensated. (link to article on godsavethepoints.com)
Link to EC 261/2004 text in several languages.
Link to language (English) Adobe Portable Document Format (PDF) of EC 261/2004
Link to description by Air Passenger Rights a "multilingual consumer website explaining the rights of air passengers in the European Union."
Link to contact details of EC 261/2004 enforcement bodies
Link to English language EC 261/2004 compliaint form PDF
Email for EC claims at (to determine)
Link to BAEC Forum lengthy EC261/2004 thread.
Link to thisismoney.co.uk article explaining EC261/2004.
Emirates told to pay out on missed connection claims, by Mark Caswell, Business Traveller, 19 Mar 2018
“Despite all this, expect airlines to give you a hard time with your claim. File a claim on your own, but if you find yourself stonewalled or denied unfairly, enlisting a firm like AirHelp or Bott & Co can be huge, since they fight the case for you, in exchange for a 25% cut of the recovered cash. A 75% chunk of something is better than 100% of nothing.” (godsavethepoints.com)
Signed in members with 90 days / 90 posts can edit this Wikipost; wiki contents may be printed by using the
(lower right wiki corner)
GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP
Sep 25, 2019, 3:34 pm
#136
Join Date: May 2004
Location: Toronto
Programs: SPG LT Plat, Hilton G,Priorty Club G, AC E
Posts: 2,979
Nov 3, 2019, 2:43 pm
#139
Join Date: Apr 2007
Posts: 727
I just submitted a complaint online a few minutes ago using the complaint form process outlined in the wiki. Will be interesting to see how long they take to resolve the EC261/2004 claim... I asked for cash not a voucher for all 5 passengers on my itinerary. We had a 2 hour delay (reason not stated) from TFS-LIS 2 Nov. Missed LIS-MAN on 2 Nov as a result and were given hotel accom, meals and taxi. They rebooked us on to LIS-MAN 3 Nov so arrived about 16 hours delayed arrival in to MAN.
Nov 5, 2019, 12:09 pm
#140
Join Date: Jun 2011
Location: Chicago
Programs: UA 1MM Premier Gold
Posts: 126
Hello, wanting to confirm details on how a flight delay is calculated. I tried to search the articles for information
on this but couldn't find the exact info I think I require,
Flew TAP today ORD-LIS-MAD. I believe this qualifies for EC261 consideration since it is a EU airline
flying to EU destination. We were delayed ~25 mins out of ORD, pilot came on and I thought said it
was due to paperwork, but for the purposes of this question, let's assume no extraordinary circumstances.
The LIS-MAD connection was 1:05 and it was missed. TAP automatically rebooked me. Original connection
was supposed to arrive MAD 11:20am and arrived 11:41am. Rebooked connection was supposed to arrive
MAD at 15:30 and arrived 15:33.
Is the delay for purposes of compensation 3:52 (11:41->15:33), or 4:13 (11:20->15:33)?
I'm inclined to believe it's 3:52, but if someone has info that allows a person to claim 4:13, I'll gladly take the
additional 300 euros....
Thanks!
on this but couldn't find the exact info I think I require,
Flew TAP today ORD-LIS-MAD. I believe this qualifies for EC261 consideration since it is a EU airline
flying to EU destination. We were delayed ~25 mins out of ORD, pilot came on and I thought said it
was due to paperwork, but for the purposes of this question, let's assume no extraordinary circumstances.
The LIS-MAD connection was 1:05 and it was missed. TAP automatically rebooked me. Original connection
was supposed to arrive MAD 11:20am and arrived 11:41am. Rebooked connection was supposed to arrive
MAD at 15:30 and arrived 15:33.
Is the delay for purposes of compensation 3:52 (11:41->15:33), or 4:13 (11:20->15:33)?
I'm inclined to believe it's 3:52, but if someone has info that allows a person to claim 4:13, I'll gladly take the
additional 300 euros....
Thanks!
Nov 5, 2019, 8:40 pm
#142
FlyerTalk Evangelist
Join Date: Aug 2000
Location: London
Programs: Hilton, IHG - BA, GA, LH, QR, SV, TK
Posts: 17,008
The difficult part will be getting the claim to stick ...
Nov 12, 2019, 5:24 am
#143
Join Date: Dec 2010
Location: DEL
Posts: 1,056
So I have a semi-related issue... we booked a weekend in Porto next month, returning Sunday evening on TP654, which is no longer being operated. TAP re-booked me on a flight Sunday morning, but this turns a weekend trip into a one-afternoon trip. I requested a refund and they only refunded the taxes. I submitted a complaint and got a response that the fare was non-refundable.
I understand I'm not due any additional compensation since I was notified of the cancellation over 14 days in advance, but I'm pretty sure 261/2004 requires them to refund the ticket since they cancelled the flight.
Any suggestions? The ticket was paid with a voucher I took in lieu of 261/2004 compensation for a missed connection last year, so I don't have the option of a chargeback.
I understand I'm not due any additional compensation since I was notified of the cancellation over 14 days in advance, but I'm pretty sure 261/2004 requires them to refund the ticket since they cancelled the flight.
Any suggestions? The ticket was paid with a voucher I took in lieu of 261/2004 compensation for a missed connection last year, so I don't have the option of a chargeback.
Last edited by der_saeufer; Nov 12, 2019 at 5:38 am
Nov 18, 2019, 8:29 pm
#144
Join Date: Jun 2011
Location: Chicago
Programs: UA 1MM Premier Gold
Posts: 126
Just to follow up on my previous question, I filed a claim on Saturday morning through the "Complaints" page on flytap.com,
and less than 48 hours later TAP responded, acknowledging the delay and offering a 991 Euro travel voucher or 125,000
Victoria miles. A bit farther down in the response they did also offer the 600 Euro payment.
Based on the some of the previous examples in the thread, I was pleasantly surprised how quickly TAP responded and
affirmed the claim. I was slightly tempted to take the miles, but decided I didn't want to have to figure out how Miles
and Go works, specifically regarding expiration and fees. We'll see how long it takes to have the compensation deposited
into my account.....
By the way, separating TAP into its own forum made it a lot easier to find valuable information related to upgrades, seat
assignments, lounge access, and EC261. Thanks!
and less than 48 hours later TAP responded, acknowledging the delay and offering a 991 Euro travel voucher or 125,000
Victoria miles. A bit farther down in the response they did also offer the 600 Euro payment.
Based on the some of the previous examples in the thread, I was pleasantly surprised how quickly TAP responded and
affirmed the claim. I was slightly tempted to take the miles, but decided I didn't want to have to figure out how Miles
and Go works, specifically regarding expiration and fees. We'll see how long it takes to have the compensation deposited
into my account.....
By the way, separating TAP into its own forum made it a lot easier to find valuable information related to upgrades, seat
assignments, lounge access, and EC261. Thanks!
Nov 19, 2019, 10:58 pm
#145
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,848
So I have a semi-related issue... we booked a weekend in Porto next month, returning Sunday evening on TP654, which is no longer being operated. TAP re-booked me on a flight Sunday morning, but this turns a weekend trip into a one-afternoon trip. I requested a refund and they only refunded the taxes. I submitted a complaint and got a response that the fare was non-refundable.
I understand I'm not due any additional compensation since I was notified of the cancellation over 14 days in advance, but I'm pretty sure 261/2004 requires them to refund the ticket since they cancelled the flight.
Any suggestions? The ticket was paid with a voucher I took in lieu of 261/2004 compensation for a missed connection last year, so I don't have the option of a chargeback.
I understand I'm not due any additional compensation since I was notified of the cancellation over 14 days in advance, but I'm pretty sure 261/2004 requires them to refund the ticket since they cancelled the flight.
Any suggestions? The ticket was paid with a voucher I took in lieu of 261/2004 compensation for a missed connection last year, so I don't have the option of a chargeback.
Last edited by SK AAR; Nov 19, 2019 at 11:03 pm
Dec 10, 2019, 11:31 am
#147
Join Date: Dec 2004
Location: Finland
Programs: BA Gold, LH Senator, SPG Gold
Posts: 352
I have an open complaint, flight on 5th September and made the complaint on 25th September. Nothing yet. It's pretty clear case as the flight was cancelled and re-routing was over the compensation limits.
Dec 23, 2019, 12:27 pm
#149
Join Date: Nov 2013
Posts: 542
I've never done this before so I have a few simple questions...
I'm sitting in FCO waiting for my FCO-LIS TP843 which was scheduled for 7:35pm. It looks like that flight is now delayed until 11:00pm (and continues to get pushed). Since this is medium hall, should I expect to get €400 per person? What happens if they end up canceling as I expect they will? Do I need anything while I'm here at the airport? Does it matter why the flight is delayed? I have no idea since there is no TAP staff inside the terminal. Weather has been fine all day.
I'm sitting in FCO waiting for my FCO-LIS TP843 which was scheduled for 7:35pm. It looks like that flight is now delayed until 11:00pm (and continues to get pushed). Since this is medium hall, should I expect to get €400 per person? What happens if they end up canceling as I expect they will? Do I need anything while I'm here at the airport? Does it matter why the flight is delayed? I have no idea since there is no TAP staff inside the terminal. Weather has been fine all day.
Jan 1, 2020, 9:54 am
#150
Join Date: Jun 2011
Location: Chicago
Programs: UA 1MM Premier Gold
Posts: 126
Happy New Year to all!
Question for anyone who has received EC261 $$ compensation from TAP - can you confirm how the payment was made
into your account?
I provided TAP with a voided check for a US account, but they replied that the deposit was rejected. My account does not
allow international wire transfers, so if that is the concern, I will have to route it to another account. Any thoughts on whether
it has to be a checking account or could it be a brokerage account that accepts wire transfers? My Chase checking account
(which is not the account I provided TAP) accepts international wires but charges a non-trivial fee.
TAP said that they did not have details of why the deposit was rejected. I assume they hand it off to a 3rd party financial
institution to execute. And while I seem to be getting responses from Fale Connosco, communicating with them is slow
and a bit tedious.
Thanks for any insights anyone can offer.
Update: I received the EC261 payment on 10 Jan after filing on 19 Nov. Probably would have been a week or two sooner if
not for the issue with my first account not accepting wires, as it appears the method of payment was indeed an international
wire tranfer. All in all, it was a pretty reasonable experience. I feel for those who have not had satisfactory outcomes.
Question for anyone who has received EC261 $$ compensation from TAP - can you confirm how the payment was made
into your account?
I provided TAP with a voided check for a US account, but they replied that the deposit was rejected. My account does not
allow international wire transfers, so if that is the concern, I will have to route it to another account. Any thoughts on whether
it has to be a checking account or could it be a brokerage account that accepts wire transfers? My Chase checking account
(which is not the account I provided TAP) accepts international wires but charges a non-trivial fee.
TAP said that they did not have details of why the deposit was rejected. I assume they hand it off to a 3rd party financial
institution to execute. And while I seem to be getting responses from Fale Connosco, communicating with them is slow
and a bit tedious.
Thanks for any insights anyone can offer.
Update: I received the EC261 payment on 10 Jan after filing on 19 Nov. Probably would have been a week or two sooner if
not for the issue with my first account not accepting wires, as it appears the method of payment was indeed an international
wire tranfer. All in all, it was a pretty reasonable experience. I feel for those who have not had satisfactory outcomes.
Last edited by shoeflyer; Jan 13, 2020 at 12:37 pm Reason: update: