Terrible mess up with TAP, but does EU rule 161/2004 compensation apply?

Ricky_Murry

Can anybody advise if I can claim compensation in the following circumstances?
Booked a flight in January for a May departure from Manchester to Ponta Delgado in the Azores. There was a connecting flight from Lisbon in Portugal. A week after my booking and some months before my flights were due to depart the airline rescheduled the connecting flight to a time before the inbound Manchester-Lisbon flight arrived. Obviously it was impossible to for me to catch the flight that had already departed. However this change was never communicated to me and only can to light when I tried to check-in two days before flying. Obviously we had to overnight in Lisbon and take the Azores flight the next day so we lost 24 hour of our holiday.
Reading the web it seems like compensation is due if the schedule change is made under two week before departure. This was made months in advance but WITHOUT telling the passengers.
Anyone have any thoughts?

111KAB

Who did not tell the passengers? The agent you had booked through or the airline themselves? If the latter do they suggest any attempt ~ email etc was made to contact you?

Ricky_Murry

Booked the flight myself. The airline admitted they had not informed me of the change

JPears

Then you are probably due compensation if they have failed to tell of any change. Download and read Vauban's most excellent guide and put your compensation claim in.

Ricky_Murry

Excellent document but doesn't deal specifically were airlines reschedule a particular flight which I was hoping someone might have experience of.

JPears

Thats because, afaik, this is one of the first cases where the airline (not an agent) has failed to inform you (and admitted it)
You have effectively been cancelled (was the flight not in existence at the time/date you were supposed to fly?)
This is the relevant part of the regulation that will form the basis of your claim:
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

Ricky_Murry

Very comprehensive answer - thank you.

My compensation claim will be winging it way to TAP very shortly!!!

JPears

Quote the relevant parts of the regulation in your claim.
Do you have evidence of their admission in not informing you?