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Regulation 261/04

This Notice is required by Regulation (EC) nr. 261/2004 of the European Parliament and of the Council of the European Union, of 11 February 2004. Please request for the designated body responsible for enforcement of this regulation.

CANCELLATION NOTICE

Applicability

The following rules shall apply:

  • in the event of non-operation of a flight which was previously planned to be operated by TAP PORTUGAL and in which at least one place was reserved;
  • to passengers on flights departing from an airport in the EU and to passengers on flights operated by a Community carrier and departing from an airport not in the EU to an airport in the EU (unless you received benefits or compensation and were given assistance in the country of such airport not in the EU);
  • on condition that you have a confirmed reservation on the flight concerned or that you have been transferred by an air carrier or tour operator from the flight for which you held a reservation, irrespective of the reason;
  • only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme;
  • where TAP PORTUGAL is the operating carrier of the flight.
Rules for Compensation and Assistance

1. If your flight is cancelled, TAP PORTUGAL will offer you the following assistance:

1.1 A choice between:

(a) reimbursement within seven days (in cash, by electronic bank transfer, or bank cheques or, with your signed agreement, travel vouchers and/or other services) of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or

(b) re-routing, under comparable transport conditions, to your final destination, at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.

Note 1: The provided for in paragraph (a) above shall also apply to passengers whose flights form part of a package, except for the reimbursement where such right arises under Directive 90/314/EEC.

Note 2: When, in the case where a town, city or region is served by several airports, TAP PORTUGAL offers you a flight to an airport alternative to that for which the booking was made, TAP PORTUGAL shall bear the cost of your transfer from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with you.

1.2. In addition, TAP PORTUGAL will offer you, free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time; and

(b) a phone card, or two telephone calls, or other means of communications, ex: fax, telex.

Note:Any expenses regarding the referred to in paragraphs (a) and (b) above and made after the third hour prior to the departure time of the return flight as per paragraph (a) of 1.1 above or of the re-routing flight as per paragraphs (b) or (c) of 1.1 above will be on your account.

1.3. In the event of re-routing in connection with your cancelled flight, if the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, TAP PORTUGAL will also offer you:

(a) hotel accommodation in cases:

  • where a stay of one or more nights becomes necessary; or
  • where a stay additional to that intended by you becomes necessary;

and

(b) transport between the airport and the place of accommodation (hotel or other).

Note:Any expenses regarding the referred to in paragraphs (a) and (b) above and made after the third hour prior to the departure time of the return flight as per paragraph (a) of 1.1 above or of the re-routing flight as per paragraphs (b) or (c) of 1.1 above will be on your account.

1.4. you are also entitled to compensation - to be paid as indicated in 1.1 (a) above - as follows:

(a) EUR 250 for all flights of 1 500 kilometres or less;

(b) EUR 400 for all intra-EU flights of more than 1 500 kilometres, and for all other flights between 1 500 and 3 500 kilometres;

(c ) EUR 600 for all flights not falling under (a) or (b) herein above.

Note: In determining the distances referred to herein above, the basis shall be the last destination at which the cancellation will delay your arrival after the scheduled time. The distances shall be measured by the great circle method.

Except when:

  • you are informed of the cancellation at least two weeks before the scheduled time of departure; or
  • ou are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or
  • you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival; or
  • TAP PORTUGAL can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken,

2. When you are offered re-routing to your final destination on an alternative flight as described above at 1.1 (b) or (c), and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight originally booked by (i) two hours (in respect of all flights of 1 500 kilometres or less), (ii) three hours (in respect of all intra EU flights of more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres) or (iii) four hours (in respect of all flights not falling under (i) or (ii)), TAP PORTUGAL may reduce the compensation described in 1.4 (a), (b) and (c) above by 50%.

3. The assistance described in this Notice will apply without prejudice to any rights you may have under applicable law (including EU Directive 90/314 on package travel) to further compensation, although any such assistance granted may be deducted from any such further compensation.

4. Persons with reduced mobility and any person accompanying them, as well as unaccompanied children, shall have the right to the assistance in accordance with 1.2 and 1.3 above as soon as possible, and TAP PORTUGAL will pay special attention to their needs.

5. Any voucher/MCO issued by TAP PORTUGAL for any reimbursement or payment must be used for TAP PORTUGAL ’s travel/services only and only when same are directly performed by it.

6. For the purpose of these rules the following definitions shall apply:

“Community carrier” means an air carrier with a valid operating license granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

“Operating air carrier” means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger.

“Final destination” means the destination on the ticket presented at the check-in counter, or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected.

“Person with reduced mobility” means an air carrier whose mobility is reduced when using transport because of any physical disability (sensory or locomotion, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s needs of the services made available to all passengers.

DELAY NOTICE

Applicability

The following rules shall apply:

  • to passengers on flights departing from an airport in the EU and to passengers on flights operated by a Community carrier and departing from an airport not in the EU to an airport in the EU (unless you received benefits or compensation and were given assistance in the country of such airport not in the EU); and
  • on condition that you have a confirmed reservation on the flight concerned and present yourself for check-in as stipulated and at the time indicated in advance and in writing (or electronically) or, if no time is indicated, not later than 45 minutes before the published departure time or on condition that you have been transferred by an air carrier or tour operator from the flight for which you held a reservation, irrespective of the reason; and
  • only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme; and
  • where TAP PORTUGAL is the operating air carrier of the flight.

NOTE : Not applicable in case TAP PORTUGAL can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Rules for Compensation and Assistance

1. When TAP PORTUGAL reasonably expects a flight to be delayed beyond its scheduled time of departure:

(i) for two hours or more in the case of flights of 1 500 kilometres or less; or

(ii) for three hours or more in the case of all intra-EU flights of more than 1 500 kilometres, and of all other flights between 1 500 and 3 500 kilometres; or

(iii) for four hours or more in the case of all flights not falling under (i) or (ii);

Note: the distances shall be measured by the great circle method.

TAP PORTUGAL will offer you free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time; and

(b) a phone card, or two telephone calls, or other means of communications, ex: fax, telex.

1.1 When the time of departure reasonably expected is at least the day after the time of departure previously announced, in addition to the assistance described in 1 above, TAP PORTUGAL will also offer you free of charge:

(a) Hotel accommodation in cases:

  • where a stay of one or more nights becomes necessary; or
  • where a stay additional to that intended by you becomes necessary; and

(b) transport between the airport and the place of accommodation (hotel or other).

1.2 When the delay is at least five hours and you decide not to travel on the delayed flight, in addition to the assistance described in 1 and 1.1 above, TAP PORTUGAL will also offer you : reimbursement within seven days (in cash, by electronic bank transfer, or bank cheques or, with your signed agreement, travel vouchers and/or other services) of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of your departure, at the earliest opportunity.

Note: The provided for herein above shall also apply to passengers whose flights form part of a package, except for the reimbursement where such right arises under Directive 90/314/EEC.

2. Any expenses regarding the referred to in paragraphs (a) and (b) of 1 and 1.1 above and made after the third hour prior to the departure time of the delayed flight or of the return flight as per 1.2 above will be on your account.

3. The assistance described in this Notice shall be offered to you by TAP PORTUGAL within the time limits set out in paragraphs (i), (ii) and (iii) of 1 above with respect to each distance bracket.

4. The assistance described in this Notice will apply without prejudice to any rights you may have under applicable law (including EU Directive 90/314 on package travel) to further compensation, although any such assistance granted may be deducted from any such further compensation.

5. In case of delay of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to the assistance in accordance with paragraphs (a) and (b) of 1 and 1.1 above as soon as possible, and TAP PORTUGAL shall pay particular attention to their needs.

6. For the purpose of these rules the following definitions shall apply:

“Community carrier” means an air carrier with a valid operating license granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

“Operating air carrier” means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger.

“Final destination” means the destination on the ticket presented at the check-in counter, or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected.

“Person with reduced mobility” means any person whose mobility is reduced when using transport because of any physical disability (sensory or locomotion, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s needs of the services made available to all passengers.

DENIED BOARDING NOTICE

Applicability

The following rules shall apply:

  • to passengers on flights departing from an airport in the EU and to passengers on flights operated by a Community carrier and departing from an airport not in the EU to an airport in the EU (unless you received benefits or compensation and were given assistance in the country of such airport not in the EU); and
  • on condition that you have a confirmed reservation on the flight concerned and present yourself for check-in as stipulated and at the time indicated in advance and in writing (or electronically) or, if no time is indicated, not later than 45 minutes before the published departure time or on condition that you have been transferred by an air carrier or tour operator from the flight for which you held a reservation, irrespective of the reason; and
  • only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme; and
  • where TAP PORTUGAL is the operating carrier of the flight.
Rules for Compensation and Assistance

1. Denied boarding is a refusal by an airline to carry a passenger on a flight, even though the passenger has presented him or herself for boarding under the conditions mentioned above under the heading Applicability, except when there are reasonable grounds to deny boarding, namely reasons of health, safety, security or inadequate travel documentation.

2. Before TAP PORTUGAL denies boarding for a flight it will call for volunteers to surrender their reservations, in return for benefits on conditions to be agreed upon and assistance as described in paragraphs (a) to (c) of 3.2 below, all as contained in the “Denied Boarding - Voluntary” form which will be signed by the passengers so agreeing to surrender their reservations.

3. If an insufficient number of volunteers comes forward, and TAP PORTUGAL denies boarding to you against your will, TAP PORTUGAL will immediately:

3.1 Compensate you (in cash, by electronic bank transfer, or bank cheques or, with your signed agreement, travel vouchers and/or other services) as follows:

(a) EUR 250 for all flights of 1 500 kilometres or less;

(b) EUR 400 for all intra-EU flights of more than 1 500 kilometres, and for all other flights between 1 500 and 3 500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b);

Note 1:in determining the distances referred to herein above, the basis shall be the last destination at which the denial of boarding will delay your arrival after the scheduled time. The distances shall be measured by the great circle route method.

Note 2: When you are offered re-routing to your final destination on an alternative flight as per paragraphs (b) or (c) of 3.2 below, and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight originally booked by (i) two hours (in respect of all flights of 1 500 kilometres or less), (ii) three hours (in respect of all intra EU flights of more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres) or (iii) four hours (in respect of all flights not falling under (i) or (ii)), TAP PORTUGAL may reduce the compensation described in paragraphs (a), (b) and (c) of 3.1 above by 50%.

3.2 In addition, TAP PORTUGAL will offer you free of charge a choice between:

(a) reimbursement within seven days (in cash, by electronic bank transfer, or bank cheques or, with your signed agreement, travel vouchers and/or other services) of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or

(b) re-routing, under comparable transport conditions, to your final destination, at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.

and also

(w)- Meals and refreshments in a reasonable relation to the waiting time; and

(x)- hotel accommodation in cases:

  • where a stay of one or more nights becomes necessary; or
  • where a stay additional to that intended by you becomes necessary; and

(y)- transport between the airport and the place of accommodation (hotel or other); and

(z)- a phone card, or two telephone calls, or other means of communications, ex: fax, telex.

Note 1: The provided for in paragraph (a) above shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/ EEC.

Note 2: Any expenses regarding the referred to in paragraphs (w) to (z) above and made after the third hour prior to the departure time of the return flight as per paragraph (a) above or of the re-routing flight as per paragraphs (b) or (c) above will be on your account.

Note 3: When, in the case where a town, city or region is served by several airports, TAP PORTUGAL offers you a flight to an airport alternative to that for which the booking was made, TAP PORTUGAL shall bear the cost of your transfer from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with you.

4. If TAP PORTUGAL places you in a class higher than that for which your ticket was purchased, it may not request any supplementary payment. If TAP AIRPORTUGAL places you in class lower than that for which your ticket was purchased, it shall, within seven days, reimburse you (in cash, by electronic bank transfer, or bank cheques or, with your signed agreement, travel vouchers and/or other services):

(a) 30% of the price of the ticket for all flights of 1 500 kilometres or less; or

(b) 50% of the price of the ticket for all intra-EU flights of more than 1 500 kilometres, and for all other flights between 1 500 and 3 500 kilometres; or

(c) 75% EUR 600 of the price of the ticket for all flights not falling under (a) or (b).

5. Unless you have volunteered to surrender your reservation, in case you agree in writing to the payment of the compensation by travel vouchers and/or other services, the amount due will be increased by 20%.

6. Unless you have volunteered to surrender your reservation, the assistance described in this Notice will apply without prejudice to any rights you may have under applicable law (including EU Directive 90/314 on package travel) to further compensation, although any such assistance granted may be deducted from any such further compensation.

7. Persons with reduced mobility and any person accompanying them, as well as unaccompanied children, shall have the right to the assistance in accordance with paragraphs (w) to (z) of 3 above as soon as possible, and TAP PORTUGAL will pay special attention to their needs.

8. Any voucher/MCO issued by TAP PORTUGAL for any reimbursement or payment must be used for TAP Portugal ’s travel/services only and only when same are directly performed by it.

9. For the purpose of these rules the following definitions shall apply:

“Community carrier” means an air carrier with a valid operating license granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

“Operating air carrier” means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger.

“Final destination” means the destination on the ticket presented at the check-in counter, or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected.

“Person with reduced mobility” means an air carrier whose mobility is reduced when using transport because of any physical disability (sensory or locomotion, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s needs of the services made available to all passengers.