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 It repealed Regulation (EEC) No 295/91, and went into effect on 18 February 2005.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
Jun 26, 2019, 7:49 pm
#61
FlyerTalk Evangelist
Join Date: Dec 2003
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EC261/2004 applies to EU carriers, whether you are traveling to or from Europe. TP is an EU carrier; where you board the TP flight is irrelevant.
When you go back to the airport tomorrow, ask the TP agent for a brochure that describes your rights under EC261/2004.
Jun 26, 2019, 8:40 pm
#62
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Location: Brighton. UK
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They are not liable for incidental costs such as a lost hotel night in Lisbon or car hire or attraction tickets - you should approach your travel insurer for those.
And I woudn't call TAP 'a cheapo airline'. All airlines have mechanical issues. And if this was e.g. an AC flight you wouldn't have been covered by EU261 and the €600 compensation for a delayed flight per person.
And I woudn't call TAP 'a cheapo airline'. All airlines have mechanical issues. And if this was e.g. an AC flight you wouldn't have been covered by EU261 and the €600 compensation for a delayed flight per person.
Jun 27, 2019, 5:12 am
#63
Join Date: Aug 2017
Programs: AY+ Gold
Posts: 147
TAP EU Compensation
Hi all, after filling out the claim through the website it states that,
We have received your message.
We have sent you an email with all the details of your complaint and will endeavour to respond as quickly as possible.
Thank you for sharing your experience with TAP.
Well, I have never received any e-mail. Is there maybe an e-mail I can use to claim EU Compensation (perhaps in german)?
Thank you and all the best!
Dimi
We have received your message.
We have sent you an email with all the details of your complaint and will endeavour to respond as quickly as possible.
Thank you for sharing your experience with TAP.
Well, I have never received any e-mail. Is there maybe an e-mail I can use to claim EU Compensation (perhaps in german)?
Thank you and all the best!
Dimi
Jun 27, 2019, 5:18 am
#65
Join Date: Aug 2017
Programs: AY+ Gold
Posts: 147
And: 9 hours delayed arrival to final destination due to technical problems ...
Jun 27, 2019, 9:54 am
#67
Join Date: May 2004
Location: Toronto
Programs: SPG LT Plat, Hilton G,Priorty Club G, AC E
Posts: 2,979
I will thanks!
Jun 27, 2019, 10:46 am
#68
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Don't wait for the airport. The little card they will hand you is fairly useless. The carrier has three duties:
1. Reroute or refund - If you are satisfied with waiting until tomorrow evening, then skip this section. If not, you should do some research on other combinations which will get you to LIS, perhaps today (overnight). Look at routings with connections in North America and in Europe. Then call and ask for those, providing the exact information. No guarantee that you will get that, but it is worth the ask.
2. You are entitled to a duty of care. Unclear to me what that is in your situation, but it would typically include a hotel and meals. Keep receipts and submit them. Your rental vehicle is not covered, but your travel insurance might cover it.
3. Depending on the reason for the cancellation, you may be due compensation of EUR 600. Why was your flight cancelled? It clearly makes a significant difference, so it's worth tracking that down as getting it later will be a nuisance.
1. Reroute or refund - If you are satisfied with waiting until tomorrow evening, then skip this section. If not, you should do some research on other combinations which will get you to LIS, perhaps today (overnight). Look at routings with connections in North America and in Europe. Then call and ask for those, providing the exact information. No guarantee that you will get that, but it is worth the ask.
2. You are entitled to a duty of care. Unclear to me what that is in your situation, but it would typically include a hotel and meals. Keep receipts and submit them. Your rental vehicle is not covered, but your travel insurance might cover it.
3. Depending on the reason for the cancellation, you may be due compensation of EUR 600. Why was your flight cancelled? It clearly makes a significant difference, so it's worth tracking that down as getting it later will be a nuisance.
Jun 27, 2019, 11:30 am
#69
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Location: Brighton. UK
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I don't think OP has grounds for duty of care - looks like they were at home in Toronto and hadn't left for the airport when notified. OPs concern was over hotel (and car) in Lisbon which isn't covered by the regulation.
Jun 27, 2019, 1:20 pm
#71
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Join Date: Jan 2002
Location: Canada
Programs: UA*1K MM
Posts: 23,297
Your alternative on the route is AC Rouge. Who in the same situation would tell you to fend for yourself, and maybe give you a 5% coupon. You now have 600 Euros in your pocket.
Jun 27, 2019, 4:57 pm
#72
Join Date: Mar 2009
Posts: 3,519
Jun 27, 2019, 4:58 pm
#73
Join Date: Mar 2009
Posts: 3,519
Hi all, after filling out the claim through the website it states that,
We have received your message.
We have sent you an email with all the details of your complaint and will endeavour to respond as quickly as possible.
Thank you for sharing your experience with TAP.
Well, I have never received any e-mail. Is there maybe an e-mail I can use to claim EU Compensation (perhaps in german)?
Thank you and all the best!
Dimi
We have received your message.
We have sent you an email with all the details of your complaint and will endeavour to respond as quickly as possible.
Thank you for sharing your experience with TAP.
Well, I have never received any e-mail. Is there maybe an e-mail I can use to claim EU Compensation (perhaps in german)?
Thank you and all the best!
Dimi
Jun 27, 2019, 7:27 pm
#75
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,191
An airline is permitted to offer alternative - voucher for a greater amount or miles - but only if the passenger agrees,
If you want the cash then they have to give you that. If you are happy with a voucher then take it but the choice is the passengers and not the airline.