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Information to the passengers according to the Ministerial order TMA/201/2022

According to the Ministerial Order TMA/201/2022 of 14 March, which regulates the alternative dispute resolution procedure for air transport users on the rights recognised in the European Union to compensation and assistance in the event of denied boarding, cancellation or long delay, as well as on the rights of disabled persons or persons with reduced mobility, a new procedure is available for passengers to lodge a complaint to the State Aviation Safety Agency (AESA).

However, to access this procedure it is mandatory for passengers to submit a prior claim to the airline (passengers must use the form available here and attach it, duly completed, to the complaint submitted through Requests and claims, or they can request it and hand it in at the TAP Air Portugal counter at the airport). The term to present this prior claim is five years from the day the incident that could give rise to said claim occurred. The airline to whom the prior claim is made will be obliged to acknowledge receipt of the passenger’s submission and will respond to the prior claim as soon as possible and, in any case, within a maximum period of one month since its introduction. 

When the resolution of the previous claim is not totally satisfactory for the passenger, or if it has not been answered within a maximum period of one month from the date of presentation thereof, the passenger may appeal to the State Aviation Safety Agency (AESA) for the alternative resolution of those disputes in which the European Union Regulations on the protection of air transport users are applicable (Reg. (CE) 261/2004 and Reg. (CE) 1107/2006), expressly excluding from this procedure claims regarding baggage, damages and clauses of the transport contract. It is cause for inadmissibility of the claim before AESA its presentation once a period of one year has elapsed from the presentation of this previous claim. The decision adopted by AESA in the alternative dispute resolution is binding on the airline. According to the Ministerial Order TMA/201/2022, the airline may appeal against AESA's decision to the competent court, although it must first comply with it.

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