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Cancelled Flights and More!

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  • bagand96
    bagand96 Posts: 6,547 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 January 2023 at 2:12PM
    eskbanker said:
    To be honest, it's a fairly standard term and similar can be seen at, for example, BA and Virgin:
    Agreed - but that doesn't mean it can't or shouldn't be challenged? especially considering the mitigating circumstances

    There are plenty of very suspect ToCs on private car parks that can and have been challenged with good advice on this forum - that was our thinking?
    Yes, as you say, a term being widespread doesn't in itself mean that it can't be challenged, but I'm not aware of such challenges having been made successfully, unlike the parking equivalent, although that significantly less regulated industry really is cowboy territory.  I suspect though that the more productive route here will be to challenge an unreasonably harsh invocation of the rule in your circumstances (of the airline's making) rather than trying to make a case that the term itself is unlawful.

    Just to be clear, did your reference to "All was well until trying to board our return flights" signify that the issue only become apparent after check-in?
    Sorry this is my bad explanation, our return flights were cancelled before we checked in.
    Was there any sort of notification of this from TAP, or did you just find out the hard way when trying to check in?
    I'd agree with the above.  Many legacy airlines that offer connecting flights do have such conditions in their T&C's and it's to protect against "abuse" of the fare structures through Hidden City Ticketing.

    Although you did fall foul of their policies I do sympathise because the connecting flight was only ever involved because of the cancellation of the direct LGW-OPO (assuming your original cancelled flight was on TAP and not easyJet)  It's a shame they couldn't resolve this at Porto and reinstate the booking one way or another - seems a lack of common sense.  

    You can certainly claim compensation for the cancelled outbound as long as it wasn't caused by extraordinary circumstances.  Unsure what their view will be on the rail tickets, they will probably say they'd provided you a hotel and onward flight, you can perhaps challenge this on the point of minimising your delay.

    Regards the inbound I'd try and claim the expenses for the last minute flights from TAP, although they will probably refuse it but it's certainly worth trying.  After that you'd have to escalate, probably by taking Small Claims Court action or similar (assuming TAP have a UK office to serve action to)
  • Westin
    Westin Posts: 6,318 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic

    These are the TAP Air Portugal terms and conditions of carriage and perhaps an explanation of what happened.
    https://www.flytap.com/en-gb/transport-conditions

    Read section 3. In particular 3.3.6 - 
    Please be advised that, in the event you do not show up for any flight without having advised us in advance, we may cancel your return or onward reservation/s, However, if you do advise us in advance,we will not cancel the reservation/s for your subsequent flight/s, and we will proceed in accordance with the provisions of article 3.3.2 and /or 3.3.3.

    Good luck.
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