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GUIDE: EC261 / EC 261/2004 “EU” complaints, compensation and TAP
Hello all,
I was flying with TAP from LIS-ORY on the 2nd and the flight was delayed for well over three hours, and ultimately got cancelled at 18:10 (scheduled arrival 17:50). I was then put on another flight scheduled to leave at 18:10 but was also delayed and I ultimately made it to ORY at 22:30. However there were baggage issues as well, since they were not transferred despite being told they were so I didn't end up leaving ORY till after midnight when the last flight from LIS-ORY came in with, thankfully, my bag on it. It seems I could claim for both the delay and cancellation and it is 250 Euros for each claim? They also failed to provide food or water (I did ask for some), as on the original flight we boarded at 15:30 and sat on the plain till 18:10 when the flight got cancelled. Would my first step be using the online complaint form here: https://www.flytap.com/en-gb/support/complaint ?? Seems a pretty clear cut case of violation and compensation owed. |
You cannot claim twice, you were scheduled to arrive at 17:50, you were rerouted and arrived at 22:30, for a flight of <1500km, you can therefore claim 250€, assuming that your original flight was not delayed/cancelled due to extraordinary circumstances etc.
As for food/water, if you bought any and saved the receipts, you should claim this from TAP as well. |
"Hellfire: It seems I could claim for both the delay and cancellation and it is 250 Euros for each claim? They also failed to provide food or water (I did ask for some), as on the original flight we boarded at 15:30 and sat on the plain till 18:10 when the flight got cancelled."
No, it does not "seem" that at all. EC 261/2004 provides compensation when you are delayed at your final ticketed destination by at least a specified amount of time. In your case, you arrived at 22:30 when you had been scheduled to arrive at 17:50. That is a delay of 4:40. It entitles you to EUR 250. Not sure how you turn that into anything more. Bags are irrelevant and not covered by EC 261/2004. |
Did you originate in LIS or was LIS-ORY a connection?
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Originally Posted by Palal
(Post 28657142)
Did you originate in LIS or was LIS-ORY a connection?
Went MRS-LIS-RAK[stop] -LIS [stop] - ORY on an open jaw. |
Then you're due 250€ in compensation.
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Tap - eu261
Getting nowhere with an EU 261 claim with TAP.
Does anyone know of a TAP UK address where I can send a Letter before Action ? Thanks |
TAP's London office can be found at this address.
However, I am not sure that they can or will enter into discussions regarding EC261 claims, and you are probably best to continue directing correspondence to head office. Have you considered getting a Claims Agency to pursue your claim? |
Thanks for that. Re agents I'm happy to do it myself as long as I can find the right information. The TAP contact centre is terrible and I'm getting nowhere so l'll see what a LBA brings.
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TAP have signed up to an Alternative Dispute Resolution body called AviationADR, and they should have told you this when they rejected your claim. You may want to try them before court action.
https://www.aviationadr.org.uk/how-t...ne-complaints/ |
How do I get someone at TP to deal with my EU261??
I had a flight canceled way back in November, that they never informed me about. I've been trying to get EU 261 since then, sent a complaint through the website, didn't hear anything. I called in January, I was told it was being handled by their "Swiss office," because I'm based in Switzerland. Been another month since then, so I've started trying to call again. I always get tossed around just trying to find the complaints department, today I've tried calling and have been disconnected 3 times. Agents tell me to press 4 in the menu, but 4 says its for internet support and still sends me to the booking department. This is getting ridiculous, is there any other way I can talk to someone, or a direct line to the complaints department?
Otherwise I'm going to submit a 261 form to the Swiss authorities. |
I just posted about them and I see your having a similar problem. Mine is for a refund on a ticket and I have been waiting for 2 months. I just can't get a hold of anyone willing to help.
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If you're based in CH, contact the Swiss regulator. You can also contact the Portuguese regulator ANAC, but I find that ANAC is less helpful.
Also consider using these guys https://www.aviationadr.org.uk |
Originally Posted by Palal
(Post 29451263)
If you're based in CH, contact the Swiss regulator. You can also contact the Portuguese regulator ANAC, but I find that ANAC is less helpful.
Also consider using these guys https://www.aviationadr.org.uk I finally got through the someone. She said she’d request the file from their Swiss office, and handle it herself within a week. If that doesn’t happen, I’ll escalate to either the regulator, or go through Avaiatonadr.
Originally Posted by When I Travel The World
(Post 29450663)
I just posted about them and I see your having a similar problem. Mine is for a refund on a ticket and I have been waiting for 2 months. I just can't get a hold of anyone willing to help.
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Just got a reply from TP.
Dear Mr. dinoscool3, This is to acknowledge receipt of you complaint lodged on our Website from the above-mentioned date. Please accept our unreserved apologies not only for the absence of communication pertaining to your schedule change, but also for the inordinate amount of time it has taken to process your claim. We have gathered all information relevant to your booking. It documents that the change to your return journey from Casablanca to Milan via Lisbon on the 20th to the 19th of November 2017 was done on the 4 th of October 20 - more than six (6) weeks before your slated date of departure. Article V of EU Regulation EC261/2004 clearly states that compensation is due only then if the changes and/or cancellation occurs within a 14-day (2 weeks) time frame to the date of passengers’ departure for the flight segment involved. Beyond the two week period, the passengers right to indemnification consists solely of either being re-protected on the earliest available flight at no extra cost or refund of the fare paid. We sincerely regret if there has been a lapse of information with regards to these changes. We have called the attention of the department concerned to ensure such oversight is not repeated. Furthermore, as per your statement and as noted in the booking history, a later continuing flight from Lisbon was chosen. TP814 departing at 1950 hrs. was the preferred over TP804 which would have gotten you into Milan Malpensa at 1815 hrs. instead of the chosen flight which was arriving at 2330 hrs. In this scenario therefore, no compensation can be granted as the choice to arrive at a later time was voluntary and not imposed by the airline upon the passenger. In closing, we hope to have addressed your questions concerning schedule changes and look forward to the opportunity of welcoming you again in one of our flights. Thank you for your kind understanding and patience on this matter. First off, the EU regulations say the airline has to inform of a cancelation, which they never did, I found out myself 7 days before departure! Secondly, TP 804 was my original flight! I couldn’t make it because my CMN flight was canceled! I’m going to file with Aviation ADR. This is ridiculous TP. :td: |
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