Conditions and Liability
General Conditions of Carriage
Your transport agreement with TAP is governed by:
- The provisions on your ticket;
- Applicable fare regulations;
- All other current regulations;
- The General Conditions of Carriage (PDF, 0.2MB, EN) (Passengers and Baggage).
Liability of air carriers for passengers and their baggage
Effective as of 30 December 2009, the informative note (PDF, 0.1MB, EN) contains all the rules followed by EU air carriers in matters of liability, as required by EU legislation and the Montreal Convention.
Regulation 261/04
This notice is required by Regulation (EC) 261/2004 (PDF, 0.1MB, EN) of the European Parliament and of the Council of 11 February 2004. Please ensure that this regulation is complied with by the responsible appointed body.
Notice of cancellation
Application
The following rules apply:
- if a flight previously scheduled to be operated by TAP PORTUGAL is cancelled and at least one seat has been booked;
- to passengers leaving an airport in the EU and passengers on flights operated by an EU carrier departing from an airport outside the EU to an airport in the EU (unless they have received benefits or compensation and they are given assistance in the country of the airport located outside the EU);
- provided that they have a confirmed booking for the flight in question or provided that, regardless of the reason, they have been transferred by an airline or tour operator from the flight for which they had a booking to another flight;
- only to passengers with fares directly or indirectly available to the public or with tickets issued as part of a frequent flyer programme or any other commercial programme;
- to flights for which TAP PORTUGAL is the operating airline.
Rules on compensation and assistance
1. If your flight has been cancelled, TAP PORTUGAL will offer you the following assistance:
1.1 A choice between:
- reimbursement within seven days (in cash, by bank transfer, bank check or, with your written consent, by travel vouchers and/or other services) of the total fare for the part or parts of the journey not travelled and, if the flight is no longer justified in terms of your original travel plan, for the part or parts of the journey already travelled and, in the latter case and if applicable, a return flight (at the first opportunity) to your first point of departure;
- rerouting to your final destination under comparable transport conditions at the first opportunity;
- rerouting to your final destination under comparable transport conditions on a later date at your convenience, subject to availability of seats.
Note 1: Point (a) above also applies to passengers whose flights are part of a package, with the exception of the right to reimbursement if it exists pursuant to Directive 90/314/EEC.
Note 2: Whenever a city or region is served by several airports and TAP PORTUGAL offers you a flight to an airport alternative to that for which the booking was made, TAP PORTUGAL will bear the cost of your transfer from the alternative airport to the airport for which the booking was made or to another close-by destination agreed with you.
1.2 Furthermore, TAP PORTUGAL will offer you free of charge:
- meals and refreshments in reasonable proportion to the waiting time;
- a phone card, two phone calls or other means to communication (e.g. fax, telex).
1.3 If you are rerouted in relation to your cancelled flight and the reasonably expected departure time is at least the day after the scheduled departure time of your cancelled flight, TAP PORTUGAL will also offer you:
- hotel accommodation, if:
You need to stay for one or more nights;
You need to stay longer than expected; - transport between the airport and the place of accommodation (hotel or other).
Note: Any expenses related to points (a) and (b) in 1.2 and 1.3 above incurred after the third hour prior to the departure time of the return flight mentioned in (a) in 1.1(a) above or of the rerouting flight mentioned in 1.1(b) or (c) shall be on your account.
1.4 You will be entitled to the following compensation payable pursuant to 1.1(a) above:
- EUR 250 for all flights up to 1,500 kilometres;
- EUR 400 for all intra-Community flights over 1,500 kilometres and all flights between 1,500 and 3,500 kilometres;
- EUR 600 for all flights not covered by points (a) or (b).
Note: The basis for calculating the distance must be the last destination at which the passenger will arrive later than the scheduled time due to the cancellation. Distances will be measured by the orthodromic method.
Unless:
- You were informed of the cancellation at least 2 weeks before the scheduled departure time;
- You were informed of the cancellation between 2 weeks and 7 days before the scheduled departure time and you were offered rerouting allowing you leave up to 2 hours before the scheduled departure time and reach your final destination up to four hours after the arrival time;
- You were informed of the cancellation less than 7 days before the scheduled departure time and you were offered rerouting allowing you leave up to 1 hour before the scheduled departure time and reach your final destination up to two hours after the scheduled arrival time;
- TAP PORTUGAL can prove that the cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
2. If you are offered rerouting to your final destination on an alternative flight pursuant to 1.1(b) or (c) above and its arrival time does not exceed the scheduled arrival time of the flight originally booked by:
(i) two hours (for any flights up to 1,500 kilometres);
(ii) three hours (for any intra-Community flights over 1,500 kilometres and any other flights between 1,500 and 3,500 kilometres);
(iii) four hours (for any flights not covered by points (i) or (ii), TAP PORTUGAL may reduce the compensation provided for in 1.4(a), (b) and (c) above by 50%.
3. The assistance provided for in this notice is applicable, without prejudice to any rights that you may have under applicable legislation (such as Directive 90/314/EEC on packages), to additional compensation, although any such assistance may be deducted from said compensation.
4. Persons with reduced mobility and any persons accompanying them and unaccompanied children are entitled to receive assistance pursuant to (a) and (b) of points 1.2 and 1.3 above as soon as possible and TAP PORTUGAL will pay special attention to their needs.
5. Any voucher or MCO issued by TAP PORTUGAL for any reimbursement or payment may only be used for TAP PORTUGAL flights or services and only if they are directly provided by TAP.
6. For the purpose of these rules, the following definitions shall apply:
- " Community carrier" means an air carrier with a valid operating licence 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 locomotor, 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.
Notice of delay
Application
- to passengers on flights leaving from an airport located in the EU and passengers on flights operated by an EU carrier departing from an airport located outside the EU to an airport located in the EU (unless they have received benefits or compensation and they are given assistance in the country of the airport located outside the EU);
- provided that they have a confirmed booking for the flight in question and present themselves for check-in as stipulated and at the time indicated in advance in writing (or by electronic means) or, if no time is indicated, no later than 45 minutes before the published departure time or, provided that, irrespective of the reason, they have been transferred by an air carrier or tour operator from the flight for which they had a booking to another flight;
- only to passengers with fares directly or indirectly available to the public or with tickets issued as part of a frequent flyer programme or any other commercial programme;
- to flights for which TAP PORTUGAL is the operating air carrier.
Note: This is not applicable if TAP PORTUGAL can prove that the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
Rules on compensation and assistance
1. If TAP PORTUGAL reasonably expects that a flight be delayed beyond its scheduled departure time:
(i) For two hours or more for any flights up to 1,500 kilometres;
(ii) Three hours or more for any intra-Community flights over 1,500 kilometres and any other flights between 1,500 and 3,500 kilometres;
(iii) Four hours or more for any flights not covered by (i) or (ii).
Note: Distances must be measured by the orthodromic method.
TAP PORTUGAL will offer you free of charge:
- meals and refreshments in reasonable proportion to the waiting time;
- a phone card, two phone calls or other means to communication (e.g. fax, telex)
1.1 If the reasonably expected departure time is at least on the day after the scheduled departure time, TAP PORTUGAL will also offer you, free of charge and in addition to the assistance described in 1 above:
- hotel accommodation if:
you need to stay one or more nights; or
you need to stay longer than you expected; and - transport between the airport and your place of accommodation (hotel or other).
1.2 If the delay is at least five 5 hours and you decide not to travel on the delayed flight, TAP PORTUGAL will also offer you, in addition to the assistance described in 1 and 1.1 above: reimbursement, within seven days (in cash, by bank transfer, bank cheque or, with your written consent, by travel vouchers and/or other services) of the total fare for the part or parts of the journey not travelled and, if the flight is no longer justified in terms of your original travel plan, for the part or parts of the journey already travelled and, in the latter case and if applicable, a return flight (at the first opportunity) to your first point of departure.
Note: The above provision also applies to passengers whose flights are part of a package, with the exception of the right to reimbursement if it exists pursuant to Directive 90/314/EEC.
2. Any expenses related to points (a) and (b) of 1 and 1.1 above incurred after the third hour prior to the departure of the delayed flight or return flight mentioned in 1.2 above will be on your account.
3. TAP PORTUGAL will provide you with the assistance described in this notice within the periods established in (i), (ii) and (iii) of point 1 above for each type of distance.
4. The assistance described in this notice is applicable, without prejudice to any rights that you may have under applicable legislation (such as Directive 90/314/EEC on packages), to additional compensation, although any such assistance may be deducted from said compensation.
5. In the event of a delay of any duration, persons with reduced mobility and any persons accompanying them and unaccompanied children are entitled to receive assistance pursuant to points 1 and 1.1 above as soon as possible and TAP PORTUGAL will pay special 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 licence 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 locomotor, 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.
Notice of denied boarding
Application
The following rules apply:
- to passengers on flights leaving from an airport located in the EU and passengers on flights operated by an EU carrier departing from an airport located outside the EU to an airport located in the EU (unless they have received benefits or compensation and they are given assistance in the country of the airport located outside the EU); and
- provided that they have a confirmed booking for the flight in question and present themselves for check-in as stipulated and at the time indicated in advance in writing (or by electronic means) or, if no time is indicated, no later than 45 minutes before the published departure time or, provided that, irrespective of the reason, they have been transferred by an air carrier or tour operator from the flight for which they had a booking to another flight; and
- only to passengers with fares directly or indirectly available to the public or with tickets issued as part of a frequent flyer programme or any other commercial programme; and
- to flights for which TAP PORTUGAL is the operating air carrier.
Rules on compensation and assistance
1. Denied boarding is refusal by an air carrier to carry a passenger on a flight, even if s/he presents him/herself for boarding as stipulated above in "Application", unless there are reasonable grounds to do so, such as health, security or lack of the necessary travel documentation.
2. Before denying boarding on a flight, TAP PORTUGAL will call for volunteers to surrender their booking in exchange for benefits on conditions to be agreed upon and assistance pursuant to 3.2 (a) to (c) below, all as set out on the "Denied Boarding - Volunteer" form, which will be signed by the passengers who agree to surrender their bookings.
3. If there are insufficient volunteers and TAP PORTUGAL denies you boarding against your will, TAP PORTUGAL will immediately:
3.1 Compensate you (in cash, by bank transfer, bank cheque or, with your written consent, by travel vouchers and/or other services) as follows:
- EUR 250 for all flights up to 1,500 kilometres;
- EUR 400 for all intra-Community flights over 1,500 kilometres and all flights between 1,500 and 3,500 kilometres;
- EUR 600 for all flights not covered by points (a) or (b);
Note 1: The basis for calculating the distance must be the last destination that the passenger will reach later than the scheduled time due to being denied boarding. Distances must be measured by the orthodromic method.
Note 2: If you are offered rerouting to your final destination on an alternative flight pursuant to 3.2(b) and (c) below and its arrival time does not exceed the scheduled arrival time of the flight originally booked by (i) two hours (for any flights up to 1,500 kilometres), (ii) three hours (for any intra-Community flights over 1,500 kilometres and any flights between 1,500 and 3,500 kilometres) or (iii) four hours (for any flights not covered by points (i) or (ii)), TAP PORTUGAL may reduce the compensation provided for in 3.1(a), (b) and (c) above.
3.2 Furthermore TAP PORTUGAL will offer you free of charge a choice between:
- reimbursement, within seven days (in cash, by bank transfer, bank cheque or, with your written consent, by travel vouchers and/or other services) of the total fare for the part or parts of the journey not travelled and, if the flight is no longer justified in terms of your original travel plan, for the part or parts of the journey already travelled and, in the latter case and if applicable, a return flight (at the first opportunity) to your first point of departure;
- rerouting to your final destination under comparable transport conditions at the first opportunity;
- rerouting to your final destination under comparable transport conditions on a later date at your convenience, subject to availability of seats;
- meals and refreshments in reasonable proportion to the waiting time;
- hotel accommodation if:
You need to stay one or more nights;
You need to stay longer than you expected; - transport between the airport and the place of accommodation (hotel or other);
- a phone card, two phone calls or other means to communication (e.g. fax, telex)
Note 1: Point (a) above also applies to passengers whose flights are part of a package, with the exception of the right to reimbursement if it exists pursuant to Directive 90/314/EEC.
Note 2: Any expenses related to points (w) to (z) above incurred after the third hour prior to the departure time of the return flight mentioned in point (a) above or the rerouted flight mentioned in points (b) or (c) above will be on your own account.
Note 3: Whenever the city or region is served by several airports and TAP PORTUGAL offers you a flight to an airport alternative to that for which the booking was made, TAP PORTUGAL will bear the cost of your transfer from the alternative airport to the airport 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 AIR PORTUGAL places you in a class lower than that for which your ticket was purchased, it will reimburse you within seven days (in cash, by bank transfer, bank cheque or, with your written consent, by travel vouchers and/or other services):
- 30% of the fare for all flights up to 1,500 kilometres;
- 50% of the fare for all intra-Community flights over 1,500 kilometres and all flights between 1,500 and 3,500 kilometres;
- 75% of the fare for all flights not covered by points (a) or (b).
5. Unless you have surrendered your booking voluntarily and if you agree in writing to payment of compensation with travel vouchers and/or other services, your compensation will be increased by 20%.
6. Unless you have surrendered your booking voluntarily, the assistance described in this notice applies, without prejudice to any rights that you may have under applicable legislation (such as Directive 90/314/EEC on packages), to additional compensation, although any such assistance may be deducted from said compensation.
7. persons with reduced mobility and any persons accompanying them and unaccompanied children are entitled to receive assistance pursuant to 3 (w) to (z) above as soon as possible and TAP PORTUGAL will pay special attention to their needs.
8. Any voucher or MCO issued by TAP PORTUGAL for any reimbursement or payment may only be used for TAP PORTUGAL flights or services and only if they are directly provided by TAP.
9. For the purpose of these rules, the following definitions shall apply:
- "Community carrier" means an air carrier with a valid operating licence 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.
Passengers' rights
Voluntary commitment on air passengers' rights
European airlines drafted the Airline Passenger Service Commitment (PDF, 0.1MB, EN) following consultations with air passenger representatives, European governments and the European Commission.
This document covers 14 areas before travel, during travel and after travel.
It describes the level of service air travellers may expect consistently from signatory airlines.
It will enable air travellers to make a more informed choice of airline when planning their travel arrangements.
This information is available in Portuguese and English.
Security
Security Measures at Airports
European Union
Passenger information:
Following the events on 10 August 2006, the European Union adopted security measures restricting the quantity of liquids allowed through screening points in order to protect all passengers against the new threat of liquid explosives.
These security measures apply:
- To all passengers;
- At security points at all EU airports;
- To all destinations.
Passengers are not allowed to carry liquids in their cabin baggage with the exception of those in individual containers of a capacity of no more than 100 millilitres or equivalent (100 g / 3 oz) in a transparent, closed, re-sealable plastic bag with a capacity of no more than one litre (per passenger).
The items must fit comfortably into the bag so that it closes easily and its contents can be seen and identified.
Liquids are:
- Water and other drinks, soups and syrups;
- Gels, including hair gel;
- Pastes, including toothpaste;
- Other items of a similar consistency;
- Lotions, including perfumes and shaving cream;
- Aerosols and other containers under pressure.
Exceptions
- Liquids needed throughout the journey (Needed for use during the flight and stay) for medical purposes, with a doctor's prescription and proof of authenticity of the exempted liquid;
- Liquids needed throughout the journey (Needed for use during the flight and stay) for special diets, with a doctor's certificate.
- Baby food.
When asked, passengers must provide proof of authenticity of the exempted liquid by tasting it or applying it to the skin.
Injected Medications
Although no authorization is required to carry injected medication, we advise our passengers to carry justifiable documents e.g. medical certificate or any other document attesting to the need of the LAG (liquids, aerosols and gels) during the trip in order to make it easier and quicker control through security.
For further information contact:
Email: falsec@inac.pt
Fax: (+351) 21 842 35 87
Address: B Street, Building 4 - Portela Airport 4
1749-034 Lisbon - PORTUGAL
Notes:
These restrictions do not apply to liquids bought and packed in tamper-evident bags at stores at the airport beyond boarding pass control or on board an aircraft belonging to a European Union airline.
However, tamper-evident bags must not be opened before the security screening points and must, whenever possible, remained closed and tamper-proof until arrival at your final destination.
These measures do not apply to bags handed in at check-in desks as hold baggage.
Other measures:
Passengers' coats and jackets are screened separately from cabin baggage.
Laptop computers and other large electrical devices must be removed from cabin baggage before screening and screened separately.
Recommendations:
- Avoid carrying liquids in your cabin baggage;
- On reaching the screening points and before the x-ray machine, show any liquids that you are carrying to the security staff;
- Ask for any liquid that you buy after boarding pass control or on board an aircraft belonging to a European airline to be placed in a tamper-evident bag along with the receipt, preferably separately from other purchases;
- Do not open the tamper-evident bag until reaching your final destination, especially when taking connecting flights, as the liquids may be confiscated at another screening point.
To check full legislation, please consult:
Brazil
Regulations on limits on the transport of liquids on international flights
All passengers travelling on international flights or needing to use the international departures lounge are subject to the following restrictions on their hand baggage:
Liquids:
- Must be carried in containers with a capacity of up to 100 ml;
- Must be placed in a transparent plastic bag with a maximum capacity of one litre no larger than 20 X 20 cm;
- Only one plastic bag is allowed per passenger.
Liquids in containers of more than 100 ml cannot be carried, even if the container is not full.
The containers must be packed loosely in a completely sealed transparent plastic bag.
Exceptions to these limits are medications accompanied by a prescription, baby food and liquids for special diets in sufficient quantity for the duration of the flight, including any stopovers. They must be presented during the inspection.
Special Transport
Special Transport
Regulation on rights of persons with disabilities and persons with reduced mobility in air transport here (PDF, 0.1MB, EN).
ADR
Online Dispute Resolution (ODR)
As from 15th February, 2016, the new electronic platform for online dispute resolution (ODR) shall be made available for consumers and traders. The access to the platform can be made through the European Commission’s website.
This platform aims for the resolution of disputes in a faster, easier and less expensive way.
Every time a consumer files a complaint on the ODR platform, the alternative dispute resolution bodies will act as arbitrators between the parties to solve the question.
Further information on the alternative dispute resolution (ADR) and the Online Dispute Resolution Platform (ODR) is available on the EU Consumers Directorate-General website or on the CEC website.
As a consumer you may use the European commission's online dispute resolution platform to submit your complaint if you wish. This platform provides easy access to alternative dispute resolution (ADR). This can be done by completing the electronic form available via this link.
