A LoyaltyLobby reader sent me an email about a TAP flight cancellation ex-Dakar where passenger had rebooked the flight back to US using SkyMiles.
Here’s the email from the reader:
I was in Dakar on Monday, on a United FF ticket, TAP was the carrier. The flight was canceled, with only 2 hours notice, no airline representatives at the airport, I couldn’t get through on the phone or using facebook. I was lucky enough to have miles with Delta to get back to Boston, but only first class was available, costing me 225,000 miles.
United promised to redeposit the 40,000 miles for the canceled flight, but I think I deserve more compensation. I’ve put in a complaint to customer service at both United and TAP.
Do I have a case for additional compensation.
I’m waiting for the complaints to be processed.
TAP is “Community Carrier” and bound by the European Union legislation EC 261/2004 that would have required the airline to provide the reader with the Passenger Rights leaflet at the airport in Dakar when the flight was canceled.
TAP should have rebooked the reader to the ticketed final destination at the earliest possible convenience on other airlines and provided duty to care (meals and possible accommodation in case of long delay).
Seems that they failed in all accounts.
The reader should contact TAP in the United States and request the airline to reimburse for the Delta ticket per the EC 261/2004 because the airline failed to provide the required service at the airport in Dakar.
Let’s say that Delta and United miles are each valued at 2 cents. (225,000 – 40,000) X 0.02 = $3,700. I would request this as a compensation per EC 261/2004 from TAP.
Reader can file with DOT’s Aviation Consumer Protection unit access here or appropriate National EU Enforcement Body (Portugal) for TAP:
There is a reason why TAP is often referred as Take Another Plane. It is not uncommon, unfortunately, for the airlines to disregard the EY legislation and only compensate passengers that know their rights and follow up.
It wouldn’t surprise me if TAP comes with some nonsensical response why they are not required to provide the reader with payment for the alternate ticket he purchased with miles even when they are bound by the EU legislation to do so.
I hope that reader follows up with this and keeps us posted on the developments.