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Cancella iscrizione Newsletter

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.