How to claim from TAP Air Portugal: amounts, steps and where to escalate
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
If your TAP Air Portugal flight reached its final destination 3 or more hours late, Regulation (EC) 261/2004 entitles you to €250, €400 or €600 per passenger, unless the airline proves extraordinary circumstances. TAP is a Portuguese airline, so the Regulation also covers its flights arriving in the EU from outside it, such as São Paulo–Lisbon. This guide covers what you’re owed, how to file the claim and which authority to escalate to.
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Check my flight1When EU261 applies to a TAP flight
TAP Air Portugal is based in Portugal, so it is an EU carrier. The Regulation covers:
All its flights departing an airport in the EU, Iceland, Norway or Switzerland, such as Madrid–Lisbon, Barcelona–Lisbon or Lisbon–New York.
Its flights arriving in the EU from outside it, such as São Paulo–Lisbon or New York–Lisbon, because the operating carrier is an EU airline.
Connections through Lisbon on a single booking: what counts is the delay on arrival at your final destination, not on the first leg (CJEU, Folkerts, C-11/11).
Flights with a TP number operated by another airline under a codeshare: you claim from the operating airline.
Two separate bookings: if you bought the flight to Lisbon and the onward flight separately, each flight is claimed on its own.
Delays caused by extraordinary circumstances TAP can prove, such as a storm or an air traffic control decision that affected your flight.
2How much TAP pays for a delay
EU261 compensation per passenger
Up to 1,500 km
Madrid–Lisbon, Barcelona–Lisbon, Lisbon–Paris
Over 1,500 km within the EU, or 1,500–3,500 km
Lisbon–Athens, Lisbon–Stockholm, Lisbon–Dakar
Over 3,500 km outside the EU
Lisbon–São Paulo, Lisbon–Rio de Janeiro, Lisbon–New York, Lisbon–Luanda
The amounts are set by the Regulation and are the same for every airline. Distance is measured in a straight line between the departure airport and your final destination. On flights over 3,500 km outside the EU, a delay of between 3 and 4 hours is paid at half the rate: €300 (Art. 7(2)).
Check how much I’m owed3How to claim from TAP, step by step
- 1
Keep your documents
Booking with its reference, boarding passes for every leg, the flight number (TP plus four digits) and TAP’s notices about the delay. Keep receipts for food, hotel or transport you paid for too.
- 2
Check the actual arrival time at your final destination
What counts is when the aircraft door opened at your final destination, not the landing time (CJEU, C-452/13). If you connected in Lisbon on a single booking, the relevant delay is the one on arrival at your final destination (CJEU, C-11/11).
- 3
Work out the amount
Measure the distance between the departure airport and your final destination and apply the table: €250, €400 or €600. On flights over 3,500 km outside the EU, a delay of between 3 and 4 hours brings the amount down to €300.
- 4
File your claim on flytap.com
TAP has a complaints form on its website. Give your booking reference, the flight number and date, the hours of delay on arrival, the amount you’re claiming and a reference to Regulation (EC) 261/2004. Keep the case number.
- 5
Escalate: ANAC, AESA, court or AviFly
There is no fixed legal deadline for a reply. If a month passes with no answer or TAP rejects the claim, you can go to the authority of the departure country, sue, or let AviFly handle the case.
4Common excuses and what the law says
To avoid paying, TAP has to prove an extraordinary circumstance that affected your flight and that it couldn’t have avoided with reasonable measures.
"It was due to extraordinary circumstances"
Ask in writing for the specific cause and its evidence (weather report, air traffic control notice). A generic phrase isn’t enough.
"There was a technical problem"
A fault from maintenance or normal use of the aircraft doesn’t exempt the airline (CJEU, Wallentin-Hermann C-549/07 and van der Lans C-257/14).
"There was a strike"
A strike by TAP’s own staff is not an extraordinary circumstance (CJEU, C-28/20). One by controllers or airport staff can be, if TAP proves it affected your flight.
"You reached Lisbon barely late"
On a single booking the intermediate delay is irrelevant: what counts is how many hours late you reached your final destination (CJEU, Folkerts C-11/11).
"The aircraft arrived late from its previous flight"
That only exempts the airline if the previous flight was hit by an extraordinary circumstance, there’s a direct link to your delay and TAP took reasonable measures (CJEU, C-74/19, a case against TAP itself).
5What to do if TAP doesn’t reply or rejects your claim
A rejection doesn’t close the case. Which authority you can turn to depends on the departure airport:
ANAC, if the flight departed Portugal
The Autoridade Nacional da Aviação Civil is the Portuguese body that enforces EU261. It is the route for a Lisbon–Madrid, a Lisbon–São Paulo or a Porto–Barcelona flight.
AESA, if the flight departed Spain
AESA only covers flights departing Spain and those arriving in Spain from outside the EU, such as Madrid–Lisbon. It is free and, for flights from 2 June 2023, its decision is binding on TAP: if it doesn’t pay within a month, you can enforce it in court.
Going to court
No lawyer or court agent up to €2,000. In Spain the generally accepted time limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code).
AviFly
We handle the claim, the negotiation and, if needed, the lawsuit. We only charge if you get your money: 15% + VAT out of court and 30% + VAT in court.
AviFly claims from TAP for you
Nothing upfront. We only charge if you recover your compensation.
Claim from TAPFrequently asked questions about claiming from TAP
Is TAP Air Portugal covered by Regulation EU261?
Yes. TAP is based in Portugal, an EU country, so the Regulation applies to all its flights departing an EU airport and also to those arriving in the EU from outside it.
I missed my connection in Lisbon — can I claim?
Yes, if both legs were on the same booking. What counts is how late you reached your final destination: from 3 hours on there is compensation (CJEU, Folkerts C-11/11).
Do I complain to AESA or to ANAC if TAP rejects my claim?
It depends on the departure airport. If the flight left Portugal, the authority is ANAC. AESA only covers flights departing Spain and those arriving in Spain from outside the EU.
How long does TAP take to reply to a claim?
There is no fixed legal deadline. If it hasn’t answered within a month or rejects the claim, you can escalate to the authority of the departure country or go to court.
Is a delayed Lisbon–São Paulo flight always worth €600?
No. On flights over 3,500 km outside the EU compensation is €600, but it drops to €300 if you arrived between 3 and 4 hours late (Art. 7(2) of the Regulation).
What if TAP cancelled my flight?
There is no compensation if you were told 14 days or more in advance. Otherwise, on top of compensation you can choose between a ticket refund within 7 days and an alternative flight (Art. 8).