TAP Delayed Flight

Craigsup

Hi

I went on holiday to Lisbon flying from Manchester on the 7th September 2015 11:10am. The flight number TP329. We arrived in Lisbon at 17:39 which was 3 hours 29 minutes late.

They said the delay was due to a technical issue refuling. Which from what I've researched is not a valid reason for the airline to refuse compensation; as it's a technical issue with their aircraft.

I used Resolver to claim the compensation and I eventually got a response saying they won't pay compensation as the refuling issue was extraordinary(?!).

I've escalated the complaint using Resolver to Jose Guedes Dias, External Relations as it recommended.

Any thoughts on the whole situation?

111KAB

They owe you compensation - Vauban's Guide is your friend.

DrA_Harrogate

Read Vauban's guide (some time and coffee involved) to find out that KAB is quite right. A thought occurred - do they have a UK office so you can take action here? They do and you will find it at:

Brook House, 229-243 Shepherds Bush Road, Hammersmith, London, W6 7AN

so read, fire off an NBA, and let us know how you get on!

Tyzap

Craigsup wrote: »

Hi

Any thoughts on the whole situation?

Hi,

You have a valid claim.

FYI read this link to another TAP claimant who got success in the end. TAP don't seem t understand the law.

http://forums.moneysavingexpert.com/showpost.php?p=69157132&postcount=438

I would follow the advice contained in Vaubans guide, as others have said, and issue a LBA yourself.

Please post in the linked thread in future tho.

Good luck.

Craigsup

Brilliant thank you everyone.
I have taken the NBA template from Vauxbans guide and i'll post that later this evening.

So frustrating that these companies think they can get away with dishing out false information and trying to con their customers.

Justice13075

Remember to get them to sign for the letter.

Vauban

Justice13075 wrote: »

Remember to get them to sign for the letter.

Actually this isn't necessary. Simply ask the Post Office for a proof of posting certificate - the Court will regard this as sufficient proof your letter was sent. If it got that far. And the airline denied receiving correspondence. (The latter is most unlikely.)

safsnowball

Craigsup wrote: »

Hi

I went on holiday to Lisbon flying from Manchester on the 7th September 2015 11:10am. The flight number TP329. We arrived in Lisbon at 17:39 which was 3 hours 29 minutes late.

They said the delay was due to a technical issue refuling. Which from what I've researched is not a valid reason for the airline to refuse compensation; as it's a technical issue with their aircraft.

I used Resolver to claim the compensation and I eventually got a response saying they won't pay compensation as the refuling issue was extraordinary(?!).

I've escalated the complaint using Resolver to Jose Guedes Dias, External Relations as it recommended.

Any thoughts on the whole situation?

Hi Craigsup, I was on the same flight and have submitted a similar claim via Resolver. So far I've had no response other than an automated request to complete TAP's on line contact form. I've done this and again just got an automated response and have now got two different reference numbers.

I will obviously be interested to hear any progress reports from you.

Craigsup

Hi Snowball, I replied to your PM.

Just an update I have received this email:

[FONT=&quot]Dear Mr. Craig Westall[/FONT][FONT=&quot], [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We refer to your contacts, as a result of our response, which continue to receive our utmost consideration.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]After reanalyzing the arguments that were presented, we inform you that we shall maintain our initial answer.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In this case, [/FONT][FONT=&quot]due to last minute technical [/FONT][FONT=&quot]problems on the plane, in particular problems with the supply of[/FONT]
[FONT=&quot]fuel in the left wing, the[/FONT][FONT=&quot] aircraft suffered a delay. The problem detected led to the immobilization of the[/FONT]
[FONT=&quot]aircraft at an outstation, namely Manchester, since it was not possible to operate the flight as the necessary[/FONT]
[FONT=&quot]safety conditions were not met.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]TAP does not allow situations that may put at risk the safety of our passengers, reason for which we were[/FONT]
[FONT=&quot]forced to delay the flight in order to proceed with the repair. [/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours sincerely,[/FONT]
[FONT=&quot] [/FONT]

Maria da Conceição L. Costa

Going to send them a Notice Before Action this afternoon/tomorrow giving them 14 days. Then I'll open a court case presuming they don't respond / refuse to pay.

safsnowball

Thanks for the update and the PM. TAP appear to be blindly ignoring the EU legislation and legal precedent which I guess is a tactic designed to deter people.

Craigsup

Another update:

Sent a NBA on the 7th October giving them 14 days to respond. I've had no response, so between now and the end of the weekend I'm going to start court action.

Never done this before, so I'll be using Vauban's Guide. Can anyone who has done this before offer any further comments?

Also, am I pretty much guaranteed to win?

Cheers