EC-261 Compensation from TAP

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Nov 9, 2018
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#1
I have been trying to resolve an EC-261 claim with TAP for the last few months. I have not recieved a reply from any of my emails to executives. TAP's website indicates that they have tried to reach me, but I have not seen any evidence of them trying to contact me by any means.
The claim stems from a flight from TER to LIS. The incoming aircraft was delayed for an unexplained reason. There was no way I could make my connecting Lufthansa code share flight to FRA. The customer service desk said I had been transferred to a later TAP flight to FRA. I literally ran to gate, but I was not listed to be on the flight. The person at the desk must have seen my wife and daughter's names on the manifest and made an error. This later flight was on their original itinerary. I spent the night in a TAP provided hotel room in LIS and caught up to my family the next day. The claim was submitted 30JUL2018. As follows:

I am writing regarding flight 1824 on 28JUL2018 from TER to LIS with the
scheduled departure time of 1150.
My booking reference is XXXXXX. This flight arrived over two and a half hours late
at LIS, resulting in me missing my connecting flight (TAP6703). At the terminal I
attempted to rebook for a later flight that night (TAP 572). My wife and daughter
was on that flight, as we had separate bookings. The desk agent said I was
already booked on that flight, but I had to run to the gate. When I arrived at the
gate was closed, but I found I had not been transferred to that flight. The desk
agent must have seen my family's last name and made an error in the rush. I
then returned to the desk and I was rebooked on TAP574 the following day.
Your representatives were kind and courteous. They did everything within their
power to assist me. I did try to rebook several times prior to my first flight's
departure, as I was obvious that I would miss the connecting flight. I put was put
on hold for extreme periods of time.
The judgment of the Court of Justice of the European Union in Tui & others v CAA
confirmed the applicability of compensation for delay as set out in the Sturgeon
case. As such, I am seeking compensation under EC Regulation 261/2004 for this
delayed flight.
My scheduled flight length was greater than 3500km, therefore I am seeking €600
compensation.
I am looking forward to hearing from you and would welcome a response in 14
days, Thank you for your time and attention.


Any assistance in this matter would be greatly appreciated. It is sad when TAP will give a customer the dignity of a response on any level.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
14,700
13,757
113
New York
www.promalvacations.com
#2
I’m not sure I understand “The desk
agent must have seen my family's last name and made an error in the rush. “

What does that mean? EU 261 isn’t applicable for every flight delay. If the flight was delayed due to extraordinary circumstances, no compensation is due. It is imperative you find out what caused the flight delay.

Was the second flight oversold? With separate tickets I’m wondering if there were just not enough available seats and because you were a single seat and not on the same ticket as your wife and daughter, that was why you weren’t on the flight.
 
Nov 9, 2018
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#3
When I went to the service desk, the agent told me that I was listed on the second (TAP) flight. When I arrived at the gate the agent said I was not on the list, just my wife and daughter. The aircraft door had just been shut. I assume in the rush that she only scanned and saw my last name.
Where do I find the reason for the flight delay? TAP is not communicating with me.
We were booked on separate itineraries as I was traveling for work. It was strange that the travel agent we are required use only offered that weird route to me. I purchased the family's ticket directly through the TAP website at a much better price.
 
Sep 19, 2015
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#4
I am sorry but I am not understanding.

Incoming flight to LIS late.l and missed 6703

You try to get someone to book you on 572 Someone tells you that you are on TAP 572 but that you have to run.

You do not make it to 572 in time as the aircraft door is closed.

Could you have been on standby for that flight but being too late you did not clear the list?

And may I ask what it matters as you got there too late the aircraft door was already closed? Whether you were booked on it or not the aircraft door was closed.
 
Likes: Neil Maley
Nov 9, 2018
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#7
I am sorry but I am not understanding.

Incoming flight to LIS late.l and missed 6703

You try to get someone to book you on 572 Someone tells you that you are on TAP 572 but that you have to run.

Yes, the agent at the service desk at LIS.

You do not make it to 572 in time as the aircraft door is closed.

Could you have been on standby for that flight but being too late you did not clear the list?

No. The gate agent tells me I am not on the flight manifest or standby anyway. There were empty seats on the flight.


And may I ask what it matters as you got there too late the aircraft door was already closed? Whether you were booked on it or not the aircraft door was closed.

Just to say that was no time to try to get booked on the flight following the misunderstanding at the service desk.
 
Nov 9, 2018
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#8
And in those cases, there is usually no EU261 compensation. That’s an extraordinary circumstance

Were your wife and daughter on the plane already for the connecting flight?

Yes. They had to rush, but made the flight. This flight was on their original itinerary.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
14,700
13,757
113
New York
www.promalvacations.com
#11
It sounds like you might have been added as standby on the new flight and you didn’t arrive by the time the on the boarding pass and your seat was given away.

This really has nothing to do with your wife and daughters tickets if you were not on the same tickets as they were.