TAP codeshare and operating carrier: who pays

Short answer: Under EU261 the operating carrier — the airline that actually flies the aircraft — is liable for compensation, care and re-routing, regardless of whose code sold the seat or whose name is on the booking. The Court of Justice confirmed this in Wirth (C-532/17). Identify who operated the flight, then send your claim there.

What "operating carrier" means

EU261 defines the operating carrier as the airline that performs, or intends to perform, the flight. The marketing carrier — the airline whose two-letter code and flight number appear on your ticket — has no obligation to pay you unless it also operated the flight.

This matters because TAP sells seats in several ways:

• Codeshares. A flight marketed as TP (TAP) but flown by a Star Alliance or bilateral partner, or vice versa. Your itinerary may say "TP 1234 operated by Lufthansa" or "LH 5678 operated by TAP Air Portugal".
• TAP Express. TAP's regional brand on shorter routes, operated by contracted carriers such as Portugália Airlines or White Airways rather than by TAP's mainline fleet.
• Interline and OTA bookings. Tickets bought through an agent or online travel agency (eDreams, Opodo, Booking.com) that combine TAP with another airline.

In every case the same rule applies: the carrier that put the aircraft in the air owes you the money. Where TAP is the operating carrier, TAP pays even if you booked a partner code. Where a partner operated the flight, that partner is liable even though you flew "on TAP".

When EU261 applies to a TAP flight

TAP is an EU carrier based in Portugal, so EU261 covers:

• any flight departing an EU airport, on any airline; and
• any flight arriving in the EU operated by an EU carrier such as TAP.

For a flight departing the United Kingdom, UK261 applies instead, with compensation of GBP 220/350/520. If your disruption straddles both systems, see UK261 vs EU261: which rules apply.

Compensation under Art. 7 depends on distance to your final destination, and connections are counted through to that final point (Folkerts, C-11/11):

Compensation for a delay of three hours or more at arrival flows from Sturgeon (C-402/07). It is separate from your right to a refund or re-routing (Art. 8) and your right to care — meals, phone calls, and a hotel plus transfers where an overnight is needed (Art. 9, McDonagh C-12/11). Where a lower reduction applies under Art. 7(2), the airline may halve the sum (for example EUR 300 instead of EUR 600).

How to identify who operated your flight

1. Read the itinerary line. Look for "operated by" next to the flight number. This is the decisive phrase.
2. Check the flight number's prefix. TP is TAP; a different two-letter code marketed to you usually signals a partner or feeder operation.
3. Look at the aircraft and route. Short regional legs to and from Lisbon (LIS) or Porto (OPO) are often TAP Express, flown by Portugália or White.
4. Keep the boarding pass and booking email. Both normally state the operating carrier, which settles any dispute later.

If the ticket says the flight is operated by a partner, your EU261 claim goes to that partner — not to TAP — even though TAP sold you the seat.

Where to send the claim

Send your claim to the operating carrier in writing, quoting the flight number, date, booking reference and the disruption. If TAP operated the flight, claim from TAP; the fact that you booked through an OTA or travel agent changes nothing about your right against the operator — see Booked via a travel agent or OTA. If a Star Alliance or codeshare partner operated it, direct the claim to that airline under whichever regime (EU261 or UK261) governs the departure.

For a connecting itinerary where you missed a link, the delay is measured at your final destination, and the operating carrier of the disrupted leg is the one that pays. Our guide to missed connections walks through the sequence. For the mechanics of submitting, see how to claim.

ClaimWinger can settle the operator question for you

Working out who operated which leg — and pushing back when an airline points at a partner to avoid paying — is exactly where claims stall. ClaimWinger handles that identification, sends the claim to the correct operating carrier and manages the correspondence. It is no win, no fee: there is no upfront cost, and we take a commission only if your claim succeeds. If your TAP or partner flight was delayed, start at our delayed-flight page, or check the amount first with our flight compensation calculator. For the full picture on TAP, see the TAP Air Portugal compensation hub.

FAQ — Frequently asked questions

My ticket said TAP but the flight was operated by another airline. Who pays?

The operating carrier pays. Wirth (C-532/17) confirms the airline that performed the flight is liable under EU261, even if a different carrier marketed and sold the seat.

Are TAP Express flights covered by EU261?

Yes. TAP Express is a brand, not a separate legal shelter. The regional carrier that actually operated the flight (for example Portugália or White) is the operating carrier and is liable, provided the route meets EU261's departure or arrival conditions.

I booked through eDreams or Opodo — does that weaken my claim?

No. The booking channel is irrelevant to your EU261 right. You still claim against the operating carrier; the agent or OTA only sold the ticket. Read more in our OTA guide.

The partner flight departed London. Which rules apply?

UK261 applies to departures from the UK, with compensation of GBP 220/350/520, and you claim from the carrier that operated that departing flight.

How long do I have to claim?

Time limits vary by jurisdiction and by the court that would hear the claim, so act promptly and keep all documents. Don't assume a short internal deadline set by the airline is the legal limit.

Sources

• Regulation (EC) No 261/2004
• Judgment in Wirth and Others, C-532/17
• Judgment in Folkerts, C-11/11

This guide reflects the legal position in 2026. The EU261 three-hour threshold and compensation of EUR 250/400/600 remain in force. The July 2026 reform (including 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.