TAP 3 hour delay: when compensation applies

The three-hour rule comes from the arrival, not the departure

Regulation 261/2004 sets out fixed compensation for cancellation and denied boarding. In its wording it does not mention long delays at all. The Court of Justice of the EU closed that gap in Sturgeon (C-402/07): passengers who arrive three hours or more after the scheduled arrival time are treated, for compensation purposes, like passengers on a cancelled flight. That principle now governs every TAP delay claim.

The consequence matters in practice. A Lisbon–São Paulo flight can push back two hours late and still land on time after making up time en route — no compensation. Another can leave only 90 minutes late, miss a connecting bank at the hub, and arrive four hours late — full compensation. Only the clock at the end of the journey counts.

When does "arrival" actually happen?

The Court has ruled that arrival is not the moment the wheels touch the runway, nor when the aircraft reaches the stand. It is the moment at least one door of the aircraft opens and passengers are allowed to leave. Those extra minutes of taxiing and waiting for a jet bridge can be exactly what pushes a borderline flight over the three-hour line, so note the real time the doors opened — a photo, an app screenshot, or a message home all help.

How much: EUR 250, 400 or 600

The amount depends on the great-circle distance of the flight, measured to your final destination.

For TAP this maps cleanly onto its network. Lisbon–Madrid or Porto–Paris sits in the EUR 250 band. Lisbon–Berlin, Porto–Rome or Lisbon to the Azores falls in the EUR 400 band. The long-haul routes TAP is known for — São Paulo, Rio, Brasília, Salvador, Recife, Newark, JFK, Boston, Miami, Washington, Toronto, Montreal, Luanda, Maputo, Praia and São Tomé — are over 3,500 km and reach EUR 600.

The 50% reduction on long-haul

There is one twist on the longest routes. Under Article 7(2), if the delay at your final destination on a flight over 3,500 km is between three and four hours, TAP may reduce the compensation by half — to EUR 300. Beyond four hours, the full EUR 600 applies. So a Lisbon–Newark flight landing three and a half hours late may be a EUR 300 claim, while the same flight landing four and a half hours late is worth EUR 600. The dedicated EUR 600 guide works through more examples.

Connections: the delay that counts is at the end

Many TAP passengers connect through Lisbon or Porto. If the whole journey is on one booking, the relevant figure is the arrival delay at the final destination, and the distance used is the distance to that final destination — the Court confirmed this in Folkerts (C-11/11). A Frankfurt–Lisbon–Salvador itinerary that arrives in Salvador four hours late is assessed as a long-haul delay to Salvador, even if the first leg ran fine. On separate bookings, each ticket is usually judged on its own.

Is your TAP flight even covered?

TAP is an EU carrier, so the geography is generous. Every TAP flight departing an EU airport is covered, wherever it is heading. TAP flights arriving into the EU from a third country are covered too, because TAP is a Community carrier — this is what makes São Paulo–Lisbon, Luanda–Lisbon or Newark–Lisbon claimable in both directions.

One exception: flights departing the United Kingdom fall under UK261, not EU261, with amounts of GBP 220, GBP 350 and GBP 520. If your delay started at Heathrow or Gatwick, see our comparison of the two regimes.

Borderline and disputed cases

The two-hours-fifty-five-minutes case is the classic near miss: below three hours there is no fixed compensation, though you keep your right to care (meals and refreshments from two hours, and a hotel if you are kept overnight) and to a refund of reasonable extra costs. Read the true arrival time carefully before assuming a claim is dead.

TAP will sometimes cite "extraordinary circumstances" to avoid paying. Severe weather, air-traffic-control restrictions and genuine security threats can qualify, but the airline must prove the specific impact on your flight. A routine technical fault is not extraordinary (Wallentin-Hermann, C-549/07; van der Lans, C-257/14). Crucially for TAP, strikes by its own staff — the SPAC pilots' union or SNPVAC cabin crew — are not extraordinary either: the Court held in Airhelp v SAS (C-28/20) that a strike by an airline's own workers is part of its normal operational risk.

Check who actually operated the flight, too. The operating carrier is liable, not the marketing one (Wirth, C-532/17). Some TAP-numbered flights are flown by TAP Express or a codeshare partner; your boarding pass will show "operated by".

How ClaimWinger helps

ClaimWinger checks the arrival time, the distance, the operating carrier and the reason TAP gives, then runs the claim end to end. It is no win, no fee: there is no upfront cost, and a commission is charged only if money is recovered. When you are ready, start a delayed-flight claim or estimate your amount with the compensation calculator. For the full picture, see the TAP compensation hub and the guide to TAP delay claims.

FAQ — Frequently asked questions

Is the three-hour delay measured at take-off or landing?

At landing — specifically, when the aircraft doors open at your final destination. A late departure that is recovered in the air does not qualify.

My TAP flight was two hours fifty minutes late. Can I claim?

Not for fixed compensation, which begins at three hours of arrival delay. You may still claim a refund of reasonable expenses, and you were entitled to care during the wait.

How much is a delayed Lisbon–São Paulo flight worth?

It is a long-haul route over 3,500 km, so up to EUR 600. If the arrival delay is between three and four hours, TAP may pay EUR 300 under the 50% reduction; beyond four hours it is the full EUR 600.

Does a TAP pilots' or cabin-crew strike block my claim?

Generally no. A strike by TAP's own staff is not an extraordinary circumstance, so a delay caused by SPAC or SNPVAC action can still be compensated.

How long do I have to claim?

Time limits depend on where the claim is brought — for TAP that is often Portugal, but rules vary by jurisdiction. Do not assume a single universal deadline; check early rather than late.

Sources

• Regulation (EC) No 261/2004
• Court of Justice of the EU, Sturgeon (C-402/07)
• ANAC — Portuguese Civil Aviation Authority, passenger rights

This guide reflects the legal position in 2026. EU261 applies a three-hour arrival-delay threshold with compensation of EUR 250/400/600; the proposed EU261 reform — including higher delay thresholds, a nine-month claim window and a 30-day airline response deadline — is a proposal, not yet in force. This is general information, not legal advice.