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 It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005.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
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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
Jul 3, 2021, 12:36 am
#166
Join Date: Mar 2015
Posts: 328
Not sure how it is in your country but "if you're pissed", you should be able to also report infringements of 261/04 to a court or administrative authority, who should then fine TAP for the 261/04 infringements. See article 16. In my country the national legislature in correspondence with Art. 16 of Reg 261/04 has administrative penalties of up to 22.000€ for infringements.
Sep 13, 2021, 5:01 am
#167
Join Date: Nov 1999
Location: MEX/YVR/YYF
Programs: AS MVP/AC75K/AM Gold/UA*S/SPG-Marriott Lifetime Titanium/Accor-FPC Gold/HHDiamond/Hyatt Exp
Posts: 5,035
I have learned to manage my expectations with TP over the years, with their in-flight product perfectly fine usually both short-haul and long-haul.
The latest incident with them calling my TP HAM-LIS flight 36 hours departure and refusing to reroute me from a nearby airport (I was willing to pay for the train ticket), being Star Gold and Business Class pax did not matter to the TP agency support desk.
I was forced to accept an itinerary departing nearly 24 hours later and that was it.
I filed a formal complaint immediately and surprisingly heard back within 12 hours with a 'we tried to call you, please let us know when we can call you back". Many weeks later, and with email follow-up to their offices, I cc'd two TP senior staff and the next day received this compensation offer my email:
Thank you for your patience as we reviewed your claim, we regret the cancellation of your original flights. As compensation TAP may offer one of the below.
Thank you!TAP Air Portugal
I would have accepted the voucher if they had topped it off with a bonus, but decided to accept monetary compensation and provided them my banking wire info.
Unfortunately, TP seems to prefer the hardest way of doing things. Rather than approve a simply routing change from HAM-LIS-MAD to DUS-LIS-MAD at no cost to them, they no have to pay out 400 euros. Silliness.
The latest incident with them calling my TP HAM-LIS flight 36 hours departure and refusing to reroute me from a nearby airport (I was willing to pay for the train ticket), being Star Gold and Business Class pax did not matter to the TP agency support desk.
I was forced to accept an itinerary departing nearly 24 hours later and that was it.
I filed a formal complaint immediately and surprisingly heard back within 12 hours with a 'we tried to call you, please let us know when we can call you back". Many weeks later, and with email follow-up to their offices, I cc'd two TP senior staff and the next day received this compensation offer my email:
Thank you for your patience as we reviewed your claim, we regret the cancellation of your original flights. As compensation TAP may offer one of the below.
- Travel voucher in the amount of $600 CAD (eqv. €400)
- 1,300 Miles deposited into your Star Alliance Frequent Flyer Account
- Monetary compensation in the amount of $600 CAD (eqv. €400)
Thank you!TAP Air Portugal
I would have accepted the voucher if they had topped it off with a bonus, but decided to accept monetary compensation and provided them my banking wire info.
Unfortunately, TP seems to prefer the hardest way of doing things. Rather than approve a simply routing change from HAM-LIS-MAD to DUS-LIS-MAD at no cost to them, they no have to pay out 400 euros. Silliness.
Sep 13, 2021, 5:41 am
#168
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,848
Formal complaint? Please elaborate!
I'm surprised by the 3 options. Why should anyone agree to accept a voucher if the same amount is offered as a cash refund (to your credit card) - let alone the 1,300 miles/points offer; who would accept this for forfeiting EUR 400?
I'm surprised by the 3 options. Why should anyone agree to accept a voucher if the same amount is offered as a cash refund (to your credit card) - let alone the 1,300 miles/points offer; who would accept this for forfeiting EUR 400?
Sep 13, 2021, 10:38 am
#169
Join Date: Nov 1999
Location: MEX/YVR/YYF
Programs: AS MVP/AC75K/AM Gold/UA*S/SPG-Marriott Lifetime Titanium/Accor-FPC Gold/HHDiamond/Hyatt Exp
Posts: 5,035
[email protected]
Agreed, the three options were an odd mix.
Now the wait for the compensation begins.
Agreed, the three options were an odd mix.
Now the wait for the compensation begins.
Sep 16, 2021, 7:53 am
#170
Join Date: Aug 2006
Location: AGP
Programs: UA *G 1MM, DL GM, HH Diamond, PC Gold
Posts: 255
Yep, I used that e-mail about 2 months ago and got my reply last week for a 10 hr delay for EU 261 comp. Looks like if crew gets positive result then no 261 compensation.
"We refer to the e-mail addressed to Mrs. Christine Ourmičres-Widener, CEO of TAP Air Portugal which received our utmost attention.
Please accept our sincerest apologies for the delay in our contact, as well as for the cancelation of flight TP242, from Chicago to Lisbon on the 3rd of July.
We would like to inform you that the cancelation, of the mentioned flight, was due to illness, a crew member tested positive to Covid-19 and consequently there is a mandatory quarantine of remaining crew, this could not have been avoided by TAP Air Portugal.
All efforts were taken in order to minimize the problems caused to our passengers and rerouting to your final destination was provided on the first available opportunity.
According to the European Regulation (EU) 261/2004, whereas 14, as under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Therefore, we shall inform that we cannot pay compensation in this case. "
"We refer to the e-mail addressed to Mrs. Christine Ourmičres-Widener, CEO of TAP Air Portugal which received our utmost attention.
Please accept our sincerest apologies for the delay in our contact, as well as for the cancelation of flight TP242, from Chicago to Lisbon on the 3rd of July.
We would like to inform you that the cancelation, of the mentioned flight, was due to illness, a crew member tested positive to Covid-19 and consequently there is a mandatory quarantine of remaining crew, this could not have been avoided by TAP Air Portugal.
All efforts were taken in order to minimize the problems caused to our passengers and rerouting to your final destination was provided on the first available opportunity.
According to the European Regulation (EU) 261/2004, whereas 14, as under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Therefore, we shall inform that we cannot pay compensation in this case. "
Sep 16, 2021, 11:38 am
#171
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,848
If a crew member tests positive for Covid and the rest of crew needs to quarantine, this is indeed extraordinary circumstances when at an outstation like ORD. It will be very much uphill to get compensation even if you escalate this.
Nov 16, 2021, 12:42 am
#172
Join Date: Oct 2004
Location: SVG
Posts: 1,172
We recently flew SVG-CPH on SK, then the following route with TAP: CPH-LIS-OPO-EWR (and return)
We had a planned stopover in Porto of >24 hours (scheduled arrival 16:55, scheduled departure the next day at 18:05)
TP757 from CPH to LIS was slightly delayed so we missed our connection to TP1960 (LIS-OPO). As there was no availability on the next flight we were rebooked onto TP1966, which was subsequently delayed meaning we arrived into OPO 3,5 hours late.
Can we claim delay compensation under EU Regulation 261/2004?
If the stop in Porto was a layover (i.e. less than 24 hours) I think not - but since Porto was a destination I would think so.
If I am reading this correctly it indicates that Porto is a destination?
FARE CALCULATION: SVG SK X/CPH TP X/LIS TP OPO TP NYC404.57TP X/LIS TP X/CPH SK SVG (...)
We had a planned stopover in Porto of >24 hours (scheduled arrival 16:55, scheduled departure the next day at 18:05)
TP757 from CPH to LIS was slightly delayed so we missed our connection to TP1960 (LIS-OPO). As there was no availability on the next flight we were rebooked onto TP1966, which was subsequently delayed meaning we arrived into OPO 3,5 hours late.
Can we claim delay compensation under EU Regulation 261/2004?
If the stop in Porto was a layover (i.e. less than 24 hours) I think not - but since Porto was a destination I would think so.
If I am reading this correctly it indicates that Porto is a destination?
FARE CALCULATION: SVG SK X/CPH TP X/LIS TP OPO TP NYC404.57TP X/LIS TP X/CPH SK SVG (...)
Flight: 31 July 2019
Claim sent: 17 September 2019
Claim approved: 10 August 2020
Complaint sent (Livro de Reclamaçőes): 1 October 2021
Response to complaint: 12 November 2021
Payment: 16 November 2021
Mar 28, 2022, 6:59 pm
#173
Join Date: Nov 2015
Location: YOW
Programs: AC 75K
Posts: 583
Submitted a claim with TAP for reimbursement for toiletries/clothing I had to buy on a trip last November after my bag was delayed for 6 days. Got the following reply from them today:
Will they provide miles to my Aeroplan (Air Canada) account or is this miles compensation only in the form of TAP Miles&Go?
Thank you for your response wherein you shared your receipts of expenses
hence to reimburse you for CAD 84 (EUR 60.97) as per the receipts shared, TAP may offer you one of the following options:
-miles deposited into your Star Alliance Frequent Flyer account, or
-A CAD 126 travel voucher.
This amount represents an increase of 50% on the compensation and has the following conditions: -
It is valid for one year
hence to reimburse you for CAD 84 (EUR 60.97) as per the receipts shared, TAP may offer you one of the following options:
-miles deposited into your Star Alliance Frequent Flyer account, or
-A CAD 126 travel voucher.
This amount represents an increase of 50% on the compensation and has the following conditions: -
It is valid for one year
Feb 25, 2023, 3:30 am
#174
Join Date: Feb 2013
Location: Miami, FL
Programs: UA 1MM, AA Plat, Marriott LT Titanium, Hyatt Glob, IHG ♢ Amb, Hilton ♢, Hertz Pres
Posts: 6,017
I received an email today from TAP saying:
"Dear Customer
During your last flight with TAP portugal, our system detected that your last flight was delayed, you are
eligible to receive a flight compensation.
Amount : EUR 121
kindly folow the process to receive the flight delay compensation :
/www.flytap.com/en-pt/flight-compensation/VDKV4Q
The TAP Team"
The link goes to a URL hosted by rimconsult.com and they spelled "follow" wrong. Although I did fly TAP in Jan, the record locator is different. So be careful everyone, spam may be hitting your inbox as well. Google (after about the first 24 hours) stopped the link and said this is probably a phishing attempt.
"Dear Customer
During your last flight with TAP portugal, our system detected that your last flight was delayed, you are
eligible to receive a flight compensation.
Amount : EUR 121
kindly folow the process to receive the flight delay compensation :
/www.flytap.com/en-pt/flight-compensation/VDKV4Q
The TAP Team"
The link goes to a URL hosted by rimconsult.com and they spelled "follow" wrong. Although I did fly TAP in Jan, the record locator is different. So be careful everyone, spam may be hitting your inbox as well. Google (after about the first 24 hours) stopped the link and said this is probably a phishing attempt.
Feb 25, 2023, 8:34 am
#175
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,821
It's good to put a reminder in this thread, the issue was discussed in more detail here:
Scammers targeting airline compensation for phishing
It's beyond a parody for TAP to reach out to people pro-actively to give them EC261 compensation, so that should have been the first flag here. TAP have got this on their own website on the top line, so they are very much aware fo this. TAP lost control of their customer database in the data leak, and the information sits in the dark web for anyone to extract. So these scammers can easily send out an email to people along these lines, I'm surprised that I've only had one such approach as far as I can tell.
Scammers targeting airline compensation for phishing
It's beyond a parody for TAP to reach out to people pro-actively to give them EC261 compensation, so that should have been the first flag here. TAP have got this on their own website on the top line, so they are very much aware fo this. TAP lost control of their customer database in the data leak, and the information sits in the dark web for anyone to extract. So these scammers can easily send out an email to people along these lines, I'm surprised that I've only had one such approach as far as I can tell.
Feb 28, 2023, 12:57 pm
#176
Join Date: Sep 2020
Posts: 292
After declining my request for assistance and compensation for a cancellation, Tap now lies to the passenger right agency stating I already got compensated. How bad must they be organised to not being able to look up their own communication?
Mar 8, 2023, 3:43 am
#177
Join Date: May 2005
Location: Sydney, Australia
Programs: NZ*G ELT, VA-G
Posts: 3,598
Sent in the claim and waited for nearly 10 months without any response. Sent a message on TAP Facebook page the other day and within a couple of weeks received the following:
We apologize for the cancel of flight TP 821 from Malpensa to Lisbon on 14 July 2022 and the missed connection to TP1128.
Please allow us to inform you that flight TP 821 was cancel due to Industrial Disputes . In line with current legislation, such situations are beyond the control of airlines and are considered extraordinary circumstances, and passengers are not entitled to compensation. Hence, we respectfully deny your claim for compensation.
My big concern now is TAP would simply use industrial disputes as lies. There was no industrial action that took place that day. I emailed them back pointing out the lie and they emailed me back with a copy and pasted email same as above. Not responding to your customers is one thing, but outright lie about it is a new low!
We apologize for the cancel of flight TP 821 from Malpensa to Lisbon on 14 July 2022 and the missed connection to TP1128.
Please allow us to inform you that flight TP 821 was cancel due to Industrial Disputes . In line with current legislation, such situations are beyond the control of airlines and are considered extraordinary circumstances, and passengers are not entitled to compensation. Hence, we respectfully deny your claim for compensation.
My big concern now is TAP would simply use industrial disputes as lies. There was no industrial action that took place that day. I emailed them back pointing out the lie and they emailed me back with a copy and pasted email same as above. Not responding to your customers is one thing, but outright lie about it is a new low!