EU 261 claim for TAP cancellations
#121
Join Date: Sep 2015
Programs: BAEC, M&M, VA Flying Club
Posts: 111
Well here we are in July, almost 11 months on, and still no compensation forthcoming. Direct messaging on Twitter has fallen silent so I am going to submit a claim through the UK Small Claims court!!
#122
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: 62,133
#123
Join Date: Sep 2020
Posts: 255
TP also stopped replying on Twitter to me. I am running several cases with EU regulators and passenger rights agencies against TP. It takes a long time but TP just recently paid in one case.
#124
Join Date: Dec 2022
Location: United Kingdom
Posts: 323
The personal base should be irrelevant. The point of origin or final destination has to be in the UK and TP is subscribing to the ADR scheme.
TP also stopped replying on Twitter to me. I am running several cases with EU regulators and passenger rights agencies against TP. It takes a long time but TP just recently paid in one case.
TP also stopped replying on Twitter to me. I am running several cases with EU regulators and passenger rights agencies against TP. It takes a long time but TP just recently paid in one case.
From every friend I have had who had issue with TP, they seem to have policy of ignoring all 261 claims. Have to use ADR or small claims court.
#125
Join Date: Aug 2002
Location: San Francisco
Posts: 2,234
I don't know if this is the right thread for me to post. In any case, I've been dealing with TP since last November for a small claim to repair damaged wheels on a flight LIS-SFO, and this has resulted in months of delays and obstruction from them.
In February they finally agreed to refund me, as "per EU Regulation 261/2004", but a few months later, they claimed that my bank rejected their attempt to transfer the money to me, so I gave them another bank info. They told me it will take a matter of weeks.
After another month or two with nothing, I asked again and they told me, again, it will take a matter of weeks. I expressed my dismay to them for the continued delay and implore them to expedite the matter so that it will take days instead of "a matter of weeks" again, so that I won't need to escalate the matter to USDOT. Immediately afterwards, they emailed me today and said this matter is now closed and they can no longer help me.
I filed a complaint with USDOT today. Is there a better venue for me to go through? It's not a big refund, but given all the run-arounds and empty promises from TAP, I intend to keep pursuing this out of principle.
In February they finally agreed to refund me, as "per EU Regulation 261/2004", but a few months later, they claimed that my bank rejected their attempt to transfer the money to me, so I gave them another bank info. They told me it will take a matter of weeks.
After another month or two with nothing, I asked again and they told me, again, it will take a matter of weeks. I expressed my dismay to them for the continued delay and implore them to expedite the matter so that it will take days instead of "a matter of weeks" again, so that I won't need to escalate the matter to USDOT. Immediately afterwards, they emailed me today and said this matter is now closed and they can no longer help me.
I filed a complaint with USDOT today. Is there a better venue for me to go through? It's not a big refund, but given all the run-arounds and empty promises from TAP, I intend to keep pursuing this out of principle.
#126
Join Date: Sep 2020
Posts: 255
I don't know if this is the right thread for me to post. In any case, I've been dealing with TP since last November for a small claim to repair damaged wheels on a flight LIS-SFO, and this has resulted in months of delays and obstruction from them.
In February they finally agreed to refund me, as "per EU Regulation 261/2004", but a few months later, they claimed that my bank rejected their attempt to transfer the money to me, so I gave them another bank info. They told me it will take a matter of weeks.
After another month or two with nothing, I asked again and they told me, again, it will take a matter of weeks. I expressed my dismay to them for the continued delay and implore them to expedite the matter so that it will take days instead of "a matter of weeks" again, so that I won't need to escalate the matter to USDOT. Immediately afterwards, they emailed me today and said this matter is now closed and they can no longer help me.
I filed a complaint with USDOT today. Is there a better venue for me to go through? It's not a big refund, but given all the run-arounds and empty promises from TAP, I intend to keep pursuing this out of principle.
In February they finally agreed to refund me, as "per EU Regulation 261/2004", but a few months later, they claimed that my bank rejected their attempt to transfer the money to me, so I gave them another bank info. They told me it will take a matter of weeks.
After another month or two with nothing, I asked again and they told me, again, it will take a matter of weeks. I expressed my dismay to them for the continued delay and implore them to expedite the matter so that it will take days instead of "a matter of weeks" again, so that I won't need to escalate the matter to USDOT. Immediately afterwards, they emailed me today and said this matter is now closed and they can no longer help me.
I filed a complaint with USDOT today. Is there a better venue for me to go through? It's not a big refund, but given all the run-arounds and empty promises from TAP, I intend to keep pursuing this out of principle.
https://www.livroreclamacoes.pt/Inicio/Manuais
https://www.anac.pt/vPT/Passageiros/...eclamacao.aspx
[email protected].
#127
Join Date: Aug 2002
Location: San Francisco
Posts: 2,234
I was once successful with a refund via the USDOT and TP. I would also make an official complaint in the Portuguese Livro de Reclamacoes, contact the regulator ANAC as well as the consumer support which provides an official email address:
https://www.livroreclamacoes.pt/Inicio/Manuais
https://www.anac.pt/vPT/Passageiros/...eclamacao.aspx
[email protected].
https://www.livroreclamacoes.pt/Inicio/Manuais
https://www.anac.pt/vPT/Passageiros/...eclamacao.aspx
[email protected].
Also, on the anac.pt webpage, I was redirected to fill out the EU Complaint form in regards to:
Passenger rights in case of denied boarding, downgrading, cancellation or long delay of their flight under Regulation (EC) 261/2004
So is this complaint form irrelevant to my issue involving damaged suitcases?
Last edited by sfvoyage; Aug 3, 23 at 2:55 pm
#128
Join Date: Sep 2020
Posts: 255
This is Portugal, I would expect that you only get 1 good answer maximum after submitting those forms and emails.
I would always use in addition to your English version a translated local language one. Imagine writing to the USDOT in Portuguese...
I would always use in addition to your English version a translated local language one. Imagine writing to the USDOT in Portuguese...
#129
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: 62,133
EC261 does not cover damaged suitcases, but it has a statutory basis, hence the handling process and forms. Baggage is covered by the Montral Convention. I suspect DOT may be your best remedy at this stage.
#130
Join Date: Mar 2023
Location: POZ / LON
Programs: TP *S | LH M&M | KQ ST Elite | BAEC Blue
Posts: 90
3 months later, TP finally acknowledges their error
Got a response from TP this morning regarding my claim and the response was:
Thank you for contacting TAP Air Portugal.
We inform you that the services are non-refundable; however, you can use the service you purchased, within the limits of its validity (1 year), on a future flight. If there is a difference in value for the new flight, it will be charged at the time of booking.
For more information, you can consult here.
We look forward to having you on board.
The response completely contradicts TP's own T&C's for lounge access purchase as stated on their website:
Terms and Conditions for access to Lounges with TAP
It looks to me as the agent at no point read my complaint, checked my reservation details and just responded with a "no refunds accepted" response template.
Thank you for contacting TAP Air Portugal.
We inform you that the services are non-refundable; however, you can use the service you purchased, within the limits of its validity (1 year), on a future flight. If there is a difference in value for the new flight, it will be charged at the time of booking.
For more information, you can consult here.
We look forward to having you on board.
The response completely contradicts TP's own T&C's for lounge access purchase as stated on their website:
Terms and Conditions for access to Lounges with TAP
- These services are available only on flights operated by TAP or operated on its behalf and TAP Express;
- Non-refundable. Unless, after purchasing lounge access, you acquire a higher fare, which already includes this service, you can then request a refund;
- Subject to availability;
- Available on the day of the departure flight and subject to the timetables in each lounge.
It looks to me as the agent at no point read my complaint, checked my reservation details and just responded with a "no refunds accepted" response template.
Dear Mr. ,
We refer to your contact with TAP Air Portugal, via the Electronic Complaints' Book, regarding your booking, which received our utmost attention.
We would like to apologize for any misunderstanding that may have previously occurred.
After further analysis of your complaint and booking record, we would like to inform that we have requested to the concerned department the refund of the lounge service acquired.
Certain of your trust and understanding, and hoping that we may soon welcome you aboard a pleasant TAP Air Portugal flight.
Kind Regards.
Customer Engagement | Fale Connosco
This is a response to my complaint through the Livro de Reclamacoes (thank you for the suggestion estrela).
It took the livro de reclamacoes complaint and a lot of DMs in Twitter/X before TP would acknowledge the mistake of their agent. The original complaint case got closed on TP's systems without any notice as well.
My suspicion is that TP's mail system never received any of my responses sent to [email protected]
Now let's see if it will take another 3 months for the money to reach my bank account.......
Note: As a comparison, last month I had a EU261 and delayed baggage claim with LO. The entire process was completed in 14 days (delayed baggage claim was sorted in 7 days). It can be done but I think TP tactic is to frustrate and hope the claimant just gives up and never bothers them again.
#131
Join Date: Sep 2013
Posts: 2,179
They basically bank on the fact that this is likely not worth anyone's time, and in the vast majority of cases people just give up on their legitimate claims. It's quite sad but it is what it is.
#132
Join Date: Sep 2020
Posts: 255
Happy it worked. TP is a special case, even worse than other airlines. A broken airline owned by a corrupt state not caring about its passengers nor citizen. In addition good customer service or admitting a mistake is not at all Portuguese.
#133
Join Date: Mar 2023
Location: POZ / LON
Programs: TP *S | LH M&M | KQ ST Elite | BAEC Blue
Posts: 90
I really hope the privatisation of TP (whenever it happens) will improve some of those services. It will also depend on how much interference the Portuguese government will make with their stake post-privatisation.
Last edited by smbk83; Aug 8, 23 at 7:18 am
#134
Join Date: Sep 2023
Posts: 1
It has been very eye-opening to read through these posts and see I am not the only one who has had difficulty dealing with TAP. Currently struggling to get EC261 compensation from TAP and finally getting to the point where I have given them all the documentation and bank information they requested. Now they are asking for copies of my ID to release the funds. Is this routine?
#135
Join Date: Sep 2020
Posts: 255
It has been very eye-opening to read through these posts and see I am not the only one who has had difficulty dealing with TAP. Currently struggling to get EC261 compensation from TAP and finally getting to the point where I have given them all the documentation and bank information they requested. Now they are asking for copies of my ID to release the funds. Is this routine?