TAP Flight Cancellations

bilbobaggins1973

Hi,


We have recently been the victims of the TAP Cabin crew strikes, meaning that our return flight from Funchal to Heathrow on Saturday 1st November was cancelled. We were emailed 48 hours before our flight by the agent (Bravofly) to say that we need to contact TAP direct.


As TAP have an office in Funchal we went their to be told that our flight had indeed been cancelled and the only flight back to Heathrow on offer was Tuesday 4th November (72 hours after our original flight). As we are teachers on holiday we told the airline that Tuesday was unacceptable as we needed to be back to teach our class on Monday and asked the person to look through their flights database to find us any alternative.


After numerous searches, we were told that there was a way of getting us back to the UK before Monday but it would mean :


a) Going more than 24 hours earlier at 05:10 Friday 31st October


b) Flying into Lisbon first and waiting 7 hours for a connecting flight


c) Flying into Gatwick instead of Heathrow


d) No immediate support for the cost of either bus/train/taxi from Gatwick to Heathrow (where our car was parked). We were told we would have to fund it and claim it back from the airline.


e) No offer of airport vouchers for food and drink was offered


As we were desperate to get back to the UK in order that our schools did not have to source an alternative teacher we begrudgingly asked to be booked onto this flight.


Having read numerous websites and tried to wade through the EU law Regulation 261/2004 document it appears that because we have arrived home earlier than the original flight we will NOT be entitled to compensation.


Is this correct ?


I am intending to contact TAP Portugal to ask how I go about claiming the cost of our train fare but are we not entitled to any compensation for curtailing our holiday short in order to get home before Monday ?


Are we allowed to claim compensation because TAP didn't get us to Heathrow and left us to complete the journey off our own back ?


Any advice would be appreciated.

richardw

Firstly, I hope the children and their parents were pleased that you made great effort to get back to school.

Did you ask to be re-routed as I suggested in the other thread?

Were you only offered re-routing on TAP flights?

bilbobaggins1973

Hard to tell if coming back early was appreciated.

We were told that we were booked on a flight on Tuesday and it was only when we said it was unacceptable did they search for flights elsewhere but they only tried to book us on TAP flights, we were never offered alternatives with other airlines.

I am annoyed if we cannot claim compensation as we have essentially:

1. Lost 2 days of a 7 day holiday by flying out earlier.
2. Not been flown back to the correct airport (flew into Gatwick instead of Heathrow)
3. Not offered any voucher for food/drinks during the 7 hour wait between flights (flew into Lisbon then Lisbon to Gatwick)
4. Told that we must fund the cost of transfer from Gatwick to Heathrow so that we can pick up our car and get home.

The EU legislation document seems to be contradicting because it gives the impression that we maybe able to claim a refund of the flight costs we paid for the Funchal to Heathrow leg as TAP didn't provide it but then it gives the impression that because TAP flew us back to the UK before we were due to land then no compensation is due.

My worry is that when I contact TAP they will 'fob me off' with reasons why they cannot pay out but I will have no idea if they are talking rubbish.

Surely the fact that they didn't get us to the correct airport in the UK means they are in breach of their duties ?

Caz3121

bilbobaggins1973 wrote: »

The EU legislation document seems to be contradicting because it gives the impression that we maybe able to claim a refund of the flight costs we paid for the Funchal to Heathrow leg as TAP didn't provide it but then it gives the impression that because TAP flew us back to the UK before we were due to land then no compensation is due.

If you had to purchase new tickets to get back then you should be due a refund on your original flight. If they transferred your original tickets to the new flights and you did not pay for new flights then there is no refund as you did travel (otherwise you would be flying for free!)

bilbobaggins1973

We originally paid for them to fly us back to Heathrow and they transferred us onto a flight that flew us into Gatwick so have they completed their side of the transaction ?

The flight we transferred onto was neither on the day we paid for nor the time we paid for nor the airport we paid for so have they completed their side of the transaction ?

If you had bought a iPhone from them via their website and they ended up sending you a Nokia would you be happy that they had completed their side of the transaction ?

Caz3121

why did you accept it then. If you had asked them for a refund they would have given you it and you could have gone off and booked alternate flights (although a one way flight would have likely cost you considerably more than you would have been due as half of a return but your travel insurance may have helped with that)

bilbobaggins1973

We accepted as the thought of the children in our class (we are teachers) not having a teacher until Tuesday was not acceptable.

More importantly our own children, who had been away with their grandparents would be at their grandparents miles away from their school with no way of getting to school and how did we explain that to their school ?

We accepted an earlier flight because it was the better of the two evils but that doesn't mean that either option should remove any grievance surely ?

And does the fact that TAP have failed to deliver us to Heathrow not have any bearing on things ?

bilbobaggins1973

Does the fact that TAP cancelled our flight because their cabin crew were on strike not mean that they are liable for everyone to ask for their money back AND be offered a return flight home ?

They are in breach of contract not us ?

Vauban

bilbobaggins1973 wrote: »

Does the fact that TAP cancelled our flight because their cabin crew were on strike not mean that they are liable for everyone to ask for their money back AND be offered a return flight home ?

They are in breach of contract not us ?

No. You don't get a re-route, a refund and compensation. But unless extraordinary circumstances apply, you should get the compensation.

As to your Gateick/Heathrow point, have a look at para 3 of Article 8 of the Regulation.

You could also do worse than read my guide, which covers many of the main questions.

bilbobaggins1973

No, of course I'm not asking for all three but I got the impression we would not get compensation because we accepted a flight earlier than planned.

I will read the paragraph suggested and look at your link

Do you think we would be entitled to compensation based on what I have put here ?

Vauban

Probably, but not without a protracted argument and you'll need to do a lot of reading up - or engage the services of a NWNF company.