Notice of rights for Canada travel



TAP Air Portugal works hard to get you to your destination safely, on time, as scheduled. There may be times when weather, air traffic control, operational or service considerations lead to flight delays, cancellations or diversions. This Notice contains important information about your rights established under Canada’s Air Passenger Protection Regulation (APPR), Bill C-49, for travel from Canada operated by TAP Air Portugal.

If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.

You are not entitled to these rights if you are denied boarding on the grounds of health, safety, security, invalid travel documentation, or for the reasons stated in Transport Conditions of TAP Air Portugal.

TAP Air Portugal has established procedures to manage a long tarmac delayed flight (LTD). Per the APPR, an LTD is a flight delayed on the tarmac with the doors of the aircraft closed for departure or after the flight has landed.
  1. Standard of treatment – For LTD flights TAP will provide affected passengers with the following free of charge: access to working lavatories; ability to communicate with people outside the plane if feasible; adequate food and drink; medical assistance as soon as possible; and proper ventilation/cooling/heating of the aircraft.

    a. These standards may be suspended if the pilot-in-command of the aircraft determines that safety or security considerations preclude providing such service.

     
  2. Disembarkation – For LTD flights on Canadian soil that have been delayed for three (3) hours on the tarmac, TAP will provide passengers with an opportunity to disembark unless:
    a. The pilot in command reasonably believes that takeoff will occur no later than 3 hrs. 45mins. after the start of the LTD event;

    b. Reasons related to safety, security, customs, and ATC would prohibit disembarkation.

If feasible, priority disembarkation will be given to persons with disabilities, their support person, service, or emotional support animal.
If your checked baggage is delayed or damaged and you're still at the airport, please go to the Baggage Service Office to inform TAP Air Portugal. Or, you may visit www.flytap.com/talk-to-us to file a complaint. In cases of lost or damaged checked bags, TAP will reimburse you for the amount you paid to check the bag, if applicable.

You must report damaged baggage within seven (7) days of receipt of the baggage and you must report delayed baggage within 21 days after the day the baggage was supposed to arrive. If you do not file a claim within the necessary time period, we will not be able to provide you with compensation. If your flight was not operated by TAP Air Portugal, please contact the airline that operated your flight. Reimbursement for expenses will be based upon acceptable proof of claim.

After you report your bag as delayed, we will begin an immediate search for your bag. If we're unable to find your bag after 21 days, we deem your bag lost and will compensate you. For international travel to and from Canada the Montreal Convention applies. Liability for lost, delayed, or damaged baggage is limited to 1,288 SDR per passenger for baggage.
Before we deny boarding to any customer, we will request volunteers to surrender their seats in exchange for the agreed upon compensation or benefits. If you voluntarily surrender your seat, you will be entitled to receive care as described in section C of this Notice and rerouting or refund as detailed in the section B of this Notice.

In the event that there are insufficient volunteers, TAP will not remove someone already onboard the aircraft. TAP will also not deny boarding an unaccompanied minor; passengers who are qualified individuals with disabilities and their service animal or travel assistant ; family members traveling together; and someone previously denied boarding.

Customers who are involuntarily denied boarding are entitled to rerouting defined under section B and care defined under section C, both below. In addition, customers who are involuntarily denied boarding for reasons within TAP Air Portugal’s control which are not required for safety reasons are entitled to compensation based on the length of the delay in arriving at the final destination stated in their original ticket:
  • Delays of 0-6 hours: CAD $900
  • Delays of 6-9 hours: CAD $1800
  • Delays of 9+ hours: CAD $2400

Compensation due under this section can be paid in the form of a prepaid card, bank transfer or with your written agreement, in a travel voucher. If provided in travel voucher, the compensation amount will be 10% higher than the amounts stated above. Compensation in the form of a prepaid card will be issued before your new departure time or within 48 hours of the denied boarding incident. Should you wish payment in the form of a bank transfer or travel voucher please contact TAP via the online web form at www.flytap.com/talk-to-us.

Under the APPR, TAP will provide the following depending on the level of control it has over the flight disruption (flight delays/cancellation).
  1. For flight disruptions within TAP Air Portugal´s control - TAP will provide compensation defined under section A below, rerouting defined under section B below and the care provisions defined under section C below.
  2. For flight disruptions within TAP´s control but required for safety reasons - TAP will provide rerouting defined under section B below and the care provisions defined under section C below.
  3. For flight disruptions outside of TAP´s control: TAP will provide rerouting defined under section B below.

A. Compensation

We will pay any compensation due in the form of a bank transfer or, with your written agreement, in a travel voucher or miles. If provided in travel voucher or miles, the compensation amount will be higher than the amount stated in the APPR by 10%.

You are not entitled to compensation set out in APPR if you elected to receive compensation for the same event under rights available to you under a different passenger rights regime.

B. Rerouting, refund

  1. If your flight is canceled or your flight is delayed by three (3) hours or more for reasons outside of TAP´s control, TAP will provide you with:

    a. Rerouting under comparable transport conditions to your final destination at the earliest opportunity or within 48 hours of the end of the event that caused the delay, cancellation or denial of boarding. If the alternate travel arrangements are in a higher class of service, TAP will not request compensation for the difference. If the alternate travel arrangements are in a lower class of service, TAP will reimburse you for the difference.
    b. If the revised booking is from a new airport, TAP will pay for transportation to the new airport.

  2. If your flight is canceled or your flight is delayed by three (3) hours or more for reasons within TAP´s control but required for Safety, TAP will:

    a. Reroute you under comparable transport conditions to your final destination at the earliest opportunity or within 48 hours of the end of the event that caused the delay, cancellation or denial of boarding. If the alternate travel arrangements are in a higher class of service, TAP will not request compensation for the difference. If the alternate travel arrangements are in a lower class of service, TAP will reimburse you for the difference.
    b. Pay for transportation to the new airport if your revised booking is from a new airport.
    c. If requested, cancel the reservation and issue a refund for unused portions of the ticket.

  3. If your flight is canceled or your flight is delayed by three (3) hours or more for reasons within TAP´s control, TAP will:

    a. Reroute you under comparable transport conditions to your final destination at the earliest opportunity or within 48 hours of the end of the event that caused the delay, cancellation or denial of boarding. If the alternate travel arrangements are in a higher class of service, TAP will not request compensation for the difference. If the alternate travel arrangements are in a lower class of service, TAP will reimburse you for the difference.
    b. Pay for transportation to the new airport if your revised booking is from a new airport.
    c. If requested, cancel reservation and issue refund for unused portion of ticket. If a refund is requested because the alternate travel arrangements do not accommodate your needs, TAP will provide a minimum compensation of CAD $400.
    d. If your flight is delayed greater than three hours or is canceled TAP will provide compensation according to the below:
    If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three (3) hours or more but less than six (6) hours: CAD $400.
    If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six (6) hours or more but less than nine (9) hours: CAD $700.
    If the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine (9) hours or mores: CAD $1000.
     The customer must file for compensation within one year of date of delayed or cancelled flight. We will send you the noted compensation within 30 days of receipt of your compensation claim or will advise why your flight was not compensable.

  4. Refunds TAP will refund (i) the difference if the alternate travel arrangement is booked in a lower class of service and (ii) the cost of additional services that the passenger did not receive in their alternate flight or had to pay for those services a second time. Refunds will be made to the original form of payment used to purchase your ticket or, with your written agreement, in a travel voucher.
    Refund requests can be submitted online at www.flytap.com/talk-to-us.

C. Care

  1. If you are denied boarding, your flight is canceled, or your flight is delayed by two (2) or more hours beyond scheduled time of departure:

    a. And the expected departure time of your new flight (if any) is the same day as the departure date of your originally ticketed flight, we offer you the following free of charge:
    Meals and refreshments in a reasonable relation to the waiting time; and
    Access to means of communication.
    b. We will also offer you free of charge:
    Hotel accommodations in cases where a stay of one or more nights becomes necessary or a stay additional to that intended by you becomes necessary; and
    Transport between the airport and place of accommodation (hotel or other).

  2. We may limit or decline your right to care if provisions of care would itself cause further delay.
TAP Air Portugal  strives to seat children under age 14 with an accompanying adult family member. Customers can select seats through TAP´s website or your travel agent. If seats aren’t selected in advance, TAP makes our best effort to find seats in close proximity for families and groups on the same reservation in the cabin they were booked a few days before their flight departs. However, available seats may be limited at that time and your family or group may be split. While we strive to seat your family together, seat selections are not guaranteed and may be changed, including in the event of an aircraft substitution. TAP works with customers on the day of departure to seat children under 14 in close proximity with their accompanying parent, guardian or tutor. If a child in your group was booked on a separate reservation and you would like to sit together, please call TAP Air Portugal´s Call Center (1-800-903-7914) and we’ll do our best to find adjoining seats.
Canada Transportation Agency Contacts

If TAP is unable to solve your problem to your satisfaction, you may contact the Canada Transportation Agency at the following:

Air Travel Complaint Form: https://rppa-appr.ca/eng/file-air-travel-complaint
Mailing Address: Canadian Transportation Agency Ottawa, Ontario K1A 0N9 
Telephone: 1-888-222-2592 
Email: info@otc-cta.gc.ca
 

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