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GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP

GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP

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Old Jan 4, 20, 3:57 pm   -   Wikipost
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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:

Originally Posted by irishguy28 View Post
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.
Code:
The regulation applies to any passenger:
 
 - departing from an airport located in the territory of a Member State to 
 which the Treaty applies;
 
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.
- 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)
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)

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Old Jul 12, 19, 9:15 am
  #91  
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What costs did you incur? If I read your original post correctly you were still at home so it's hard to see what reclaimable costs you have.
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Old Jul 12, 19, 9:19 am
  #92  
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Originally Posted by HomerJ View Post
...I filed a complaint about my flight delay and the costs I incurred, thats all I did.
Are you saying I shouldn't have an should have done the EU261/2004 instead?
The airline is only liable for the €600 late arrival compensation. Any charges related to hotels/tours/cars at your destination are not the responsibility of the airline. (There shouldn't be any additional hotel charges; if you contacted the hotel then they should have held your reservation for arrival a day later). If you incurred costs at the airport of departure then these may be recoverable.
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Old Jul 12, 19, 4:41 pm
  #93  
 
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Costs were a non cancellable hotel that we had to forfit plus the difference in rate of the rental car (booking it months ahead of time vs. rebooking one day before arrival).
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Old Jul 12, 19, 5:04 pm
  #94  
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You've been told you won’t get those back from TAP and to claim those from your travel insurance. TAP simply aren’t responsible for those - unless there’s is some Canadian Law that says they are.

You should make a claim for compensation for €600 each for the delay ASAP.
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Old Jul 15, 19, 9:24 am
  #95  
 
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I get that...

Originally Posted by UKtravelbear View Post
You've been told you won’t get those back from TAP and to claim those from your travel insurance. TAP simply aren’t responsible for those - unless there’s is some Canadian Law that says they are.

You should make a claim for compensation for €600 each for the delay ASAP.
...but with whom?...TAP directly or is there just some general office that does all claims?
I've never made one of these before.
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Old Jul 15, 19, 9:51 am
  #96  
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Originally Posted by HomerJ View Post
...but with whom?...TAP directly or is there just some general office that does all claims?
I've never made one of these before.
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.
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Old Jul 15, 19, 12:06 pm
  #97  
 
Join Date: May 2004
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Thank you!

Originally Posted by irishguy28 View Post
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.
Appreciate the help.
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Old Jul 18, 19, 4:12 pm
  #98  
 
Join Date: May 2004
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Oooooh my first wiki...filed the claim, no word yet from TAP....I'll keep ya posted....
JDiver likes this.
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Old Jul 18, 19, 4:20 pm
  #99  
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Originally Posted by HomerJ View Post
Oooooh my first wiki...filed the claim, no word yet from TAP....I'll keep ya posted....
Good luck!

Can you share how and where you filed the claim? That would seem to be good information to add to the Wikipost.

Obrigado!
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Old Jul 18, 19, 4:23 pm
  #100  
 
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Just followed IrishGuy28's instructions in post #29 .
They ask for some strange #'s that aren't easily identifiable on your invoice so I'm not 100% sure if I filled it out completely correctly but we shall see....
JDiver likes this.
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Old Jul 18, 19, 4:39 pm
  #101  
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Originally Posted by HomerJ View Post
Just followed IrishGuy28's instructions in post #29 .
They ask for some strange #'s that aren't easily identifiable on your invoice so I'm not 100% sure if I filled it out completely correctly but we shall see....
Thank you. I’ve added that invaluable information to the Wikipost. Being the new guy here, I might ask for guidance and will appreciate any suggestions and direction.

JDiver, Moderator
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Old Jul 22, 19, 11:50 am
  #102  
 
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Not a peep from TAP yet about my claim....
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Old Jul 22, 19, 5:23 pm
  #103  
 
Join Date: Aug 2005
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Originally Posted by HomerJ View Post
Not a peep from TAP yet about my claim....
The airline has up to 28 working days to respond. With TAP don’t expect to hear from TAP until day 27 or 28. I am waiting on news on my “complaint” (flight cancellation) on TAP as well.
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Old Jul 23, 19, 3:42 pm
  #104  
 
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When I made the claim for hotel and car expenses they responded in a day, when I changed the claim to EC261/2004 they went to radio silence.
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Old Jul 25, 19, 9:21 am
  #105  
 
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Still no response....
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