[DanielRawson]

I just wondered if anyone has ever had to claim expenses and EC261 from TAP. I was delayed over a month ago for 24 hours due to the radar not working properly at Porto and the number of flights being reduced. I had to sort my own hotel out and reclaim as they said their hotel was full.

I can’t get the money from them and they rudely tell me to ring back next week every time I call. I notice on social media there are lots of people with the same issue. Has anyone had any experience with them? I will certainly avoid them in future.

[capetonianm]

I would say they could reasonably claim circumstances outside their control with regard to an EU261 claim.

[DanielRawson]

Possibly they could but they did offer it by phone but won’t pay it! Also some flights were running but some got cancelled. Do you think that would make a difference with the EC261?

[anyonebutba]

no if it was not due to operational reasons and within they’re control ( which it clearly wasn’t they’re fault) then im afraid they have to obligation to pay for anything…compensation, hotels ..etc

[EasternPedlar]

I’m afraid a lot of airlines seem to be trying to avoid their EC261 liabilities by simply not responding to correspondence. I have a similar situation with Tunis Air, who just refuse to reply. I handed this case over to Airhelp, one of the agencies who pursue EC261 claims for a share of the payout, and even they have been unsuccessful.

Portugal is an EU member country, so perhaps you will fare better by using a claims agent.

[SimonS1]

[quote quote=948574]no if it was not due to operational reasons and within they’re control ( which it clearly wasn’t they’re fault) then im afraid they have to obligation to pay for anything…compensation, hotels ..etc[/quote]

Clearly you have no idea what you are talking about – I’m afraid this is total nonsense and poor advice to a fellow traveller.

EC261 does apply, it is just that there is no cash compensation for exceptional issues outside the airline’s control. They are obliged to pay for hotels and other duty of care items regardless of the circumstances.

OP should open MCOL case against the airline using their UK address for service. If necessary follow through with bailiffs. Alternatively you can go through the AirlineADR arbitration scheme.

A further alternative would be to ask a lawyer like Bott & Co to handle it, less hassle however you will end up giving up 35% of your money that way.

[SimonS1]

[quote quote=948572]I would say they could reasonably claim circumstances outside their control with regard to an EU261 claim.[/quote]

As above – they can’t. No cash compensation but duty of care provisions apply in all circumstances.

That means they have to pay hotac whether it’s Iceland volcano, Portuguese radar, Italian strikes etc. Of course most airlines try to weasel out, however you can pursue it.

If you ever watch the bailiffs programme on BBC1 they have a smattering of airline cases. Quite funny to watch how they turn up, vault the security barriers and threaten to start removing their gear if not paid within (Jet 2 I recall) the hour. By which stage that €100 hotel room has cost the airline about €1000.

[openfly]

@DanielRawson…don’t waste your time contacting Botts and Co. they only take on simple easy claims. Claims that most people could handle themselves. Anything out of the normal they dither for ages and then give up.

[capetonianm]

Agreed, SimonS1. I was referring to cash compensation and being lazy hadn’t made that clear. Other provisions of course apply.

Agreed, openfly. I advised friends to contact Bott and Co when they asked me to help with a claim but I chose not to do it and passed the buck as it wasn’t straightforward and the passengers’ own stupidity had not helped. Bott and Co replied (quickly) that they couldn’t do it. I then guided my friends through the process of letter before action, small claims, etc and they eventually got the cash compensation.

[DanielRawson]

Since my original post my friend who was booked on the same ticket number has been offered and received his expenses and EC261. I however haven’t but they have told me that despite him being paid EC261 I won’t be!

[capetonianm]

[quote quote=949694]Since my original post my friend who was booked on the same ticket number has been offered and received his expenses and EC261. I however haven’t but they have told me that despite him being paid EC261 I won’t be![/quote]

Can you please clarify this.
You and another person can’t be booked on the same ticket number as that is unique to each passenger.
Presumably you mean the same PNR (booking reference) which would mean you had identical itineraries, i.e segments and booking class from origin to destination and back.
Unless I’m missing something here, I fail to see how they can pay one of you and not the other. Have they given you a reason?

[DanielRawson]

Yes you are correct. Not ticket number but PNR.

I received this as the reply:(I should add they did phone me following my initial complaint to offer me a choice of vouchers or cash but deny that)

Dear cliente,

We inform The cancellation of the flight was due to Porto Radar, a situation unrelated to the company.

In this sense, we regret to inform you that in the case of your friend was issued a financial compensation unduly due to internal lapse. In this sense we cannot correspond to the compensation requested in your name, for the reasons mentioned above.

Yours Truly

Silvia Palma

[LondonAndy70]

I can’t say what element of out of pocket expenses or compensation is payable, but what I can say is that the one time I’ve flown with TAP I was due EC261 compensation and it took them forever to actually pay. It was not in dispute that it was due, but it did take them months to pay out. Good luck.

[Roger]

Tap has to be one of the worst airlines to respect claims of any description even if you belong to their frequent flier programme. I wish you luck but you may have to use a third party claim specialist to get this resolved.

[capetonianm]

I find it odd that whereas most Portuguese, particularly in the travel industry, speak good English, they have sent you a response written in such poor ‘English’ as to be barely intelligible.

They are probably correct that the failure of OPO radar does constitute a circumstance outwith their control. What I can’t understand is that they appear to be saying that they paid your friend his compensation by mistake and therefore they can’t pay you. Whilst legally the fact that they have paid him in error does not generate an obligation for them to pay you, the attitude is appalling. I would have offered you a travel voucher to the equivalent value as a goodwill gesture.

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