Reader Question: How To Get TAP To Comply With EC 261/2004 Legislation?

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A LoyaltyLobby reader sent us a question by email regarding Portuguese airline TAP and their refusal to pay or even reply to EC 261/2004-claims.

TAP

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Here’s the email from the reader:

Have you seen anyone having luck with claiming compensation for a TAP cancelled flight?

I have been trying since April 2018 and so far without any luck. The flight originated from Sal (SID), Cape Verde connecting in Lisbon to go to Geneva, Switzerland.

TAP claims they informed us by e-mail 4 months earlier – which is not the case. They actually called us
2 days before to see if we were interested in changing our flight to a later flight without mentioning our existing flight was canceled.

We have filed a complaint via their website, have involved the Portuguese mediator but without success. Any ideas from your side?

TAP is very difficult to deal with when it comes to the EC 261/2004 compensation claims and the national enforcement body in Portugal appears to be completely useless.

I would take this case to the Federal Office of Civil Aviation FOCA that deals with EC 261/2004 related issues in Switzerland (not an EU country but legislation applies).

Here’s the list of EC 261/2004 Enforcement Bodies for all eligible countries:

Download (PDF, 253KB)

There is a small claims process for suing companies within the European Union. I am not sure how this legislation is implemented in Switzerland, however.

Conclusion

It is very unfortunate that there are airlines in Europe that still feels that they don’t have to comply with the EC 261/2004 legislation especially if their local enforcement body is toothless.

I hope that the reader can get TAP to pay after escalating this case with the FOCA in Switzerland.

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