TAP compensation claim rejected: what to do next
A first "no" from TAP Air Portugal is not the end of your claim. Airlines refuse a large share of valid Regulation (EC) 261/2004 requests on the opening reply, usually with a one-line reference to "extraordinary circumstances", a "technical issue" or an "operational reason". What matters is whether TAP has actually proved a lawful reason not to pay, because under EU261 the burden of proof sits with the airline, not with you.
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Choose the situation that applies to your flight:
Short answer: Read the exact reason TAP gave, then hold it to the legal test. The carrier must prove both that an extraordinary circumstance occurred and that it took all reasonable measures to avoid the disruption. If it cannot, and still refuses, escalate to the national enforcement body (ANAC in Portugal, or the regulator in your country of departure) and, if needed, take the claim to court. Technical faults and strikes by TAP's own staff are usually not valid defences.
What counts as a covered flight
Before rebutting anything, confirm EU261 applies. TAP is an EU carrier, so the Regulation covers every TAP flight departing an EU airport, from Lisbon (LIS), Porto (OPO), Funchal or Ponta Delgada, and every TAP flight arriving in the EU from a third country, including the long-haul routes from Brazil, the US, Canada and Africa. For a delay, the trigger is three hours or more at your final destination (C-402/07 Sturgeon), and for a connection it is the arrival delay at that final destination that governs, not the leg where things went wrong (C-11/11 Folkerts).
Amounts are fixed: EUR 250 up to 1,500 km, EUR 400 for 1,500-3,500 km (and intra-EU flights over 1,500 km), and EUR 600 for flights over 3,500 km, which is where TAP's Newark, São Paulo and Luanda services sit. If your disrupted flight departed the UK, UK261 applies instead, with amounts of GBP 220 / 350 / 520; our guide on UK261 vs EU261 explains which set of rules governs. You can also estimate your figure with the flight compensation calculator.
The burden of proof is on TAP
This is the single most important point after a rejection. You do not have to disprove TAP's excuse; TAP has to prove it. To avoid paying, the carrier must show that the cause was an extraordinary circumstance and that it took all reasonable measures to prevent the delay or cancellation. A refusal letter that simply asserts "extraordinary circumstances" with no documents does not meet that standard.
Rebutting the three most common excuses
"Technical fault"
Most technical and maintenance problems are not extraordinary. The Court of Justice held in C-549/07 (Wallentin-Hermann) that a fault coming to light during maintenance or through the operation of the aircraft is inherent in running an airline, and in C-257/14 (van der Lans) that even an unexpected, premature component failure does not count. If TAP blames "an unforeseen technical issue", ask for the specific defect and evidence that it fell outside normal operations. In most cases the claim stands.
"Strike"
TAP is hit by frequent industrial action, SPAC pilots and SNPVAC cabin crew in particular. A strike by the airline's own staff is not an extraordinary circumstance: the Court confirmed in C-28/20 (Airhelp v SAS) that even a lawful internal strike is part of the carrier's normal activity and management risk. A genuinely external strike, for example by air traffic controllers, can be different. So the question to put to TAP is whose strike caused your disruption.
"Bad weather / air traffic control"
Severe weather and ATC restrictions can be extraordinary, but only if they genuinely affected your specific flight and TAP still could not reroute you reasonably. Ask for proof: the weather report, the ATC flow message, or the airport closure notice for your date and route. Note too that even when the excuse is valid for compensation, your right to care (meals, refreshments and, where needed, accommodation under Article 9) still applies (C-12/11 McDonagh); it is never cancelled by an extraordinary circumstance.
| TAP's stated reason | Should you challenge it? |
|---|---|
| Technical / maintenance fault | Yes, usually not extraordinary |
| Crew shortage or rostering | Yes |
| Strike by TAP's own pilots or crew | Yes, not extraordinary |
| Documented severe weather / ATC | Depends on the evidence |
| "Route not covered" | Check departure airport and operating carrier |
Check the rejection isn't just wrong on scope
Some refusals are simply mistaken. TAP may point at the wrong distance band, deny a connection because the delay happened on a partner's leg, or apply the 50% reduction under Article 7(2), which can cut EUR 600 to EUR 300, when the rerouting offered actually did not meet the arrival-time limits. The operating carrier is liable (C-532/17 Wirth), so if TAP Express or a codeshare partner in fact flew you, identify who operated the flight before accepting a "not us" answer.
Escalate to the enforcement body
If TAP will not move, complain to a national enforcement body (NEB). For flights departing Portugal that is ANAC, the Autoridade Nacional da Aviação Civil; for a flight leaving another EU country, use that country's regulator. In Portugal you can complain to ANAC free of charge once the airline has had six weeks to reply, and the NEB reviews whether EU261 was applied correctly. Bear in mind that ANAC cannot itself order the airline to pay you, so many passengers pursue a formal legal claim in parallel.
Going to court and time limits
A court claim is often what finally secures payment. Claim time limits vary by jurisdiction; they depend on where you sue (Portugal, your home country, or the place of departure or arrival, per C-204/08 Rehder), so treat any single "deadline" you read online with caution. Our time-limit guide goes into detail. A widely discussed EU261 reform would introduce a 9-month claim window and a 30-day airline response deadline, but that is a proposal, not yet in force, and it does not govern your claim today.
How ClaimWinger helps
ClaimWinger works on a no win, no fee basis: there is no upfront cost, and we only take a commission if your claim succeeds. We read TAP's rejection against the case law, gather the evidence the airline hopes you will not, and handle escalation and any court step. Start by checking your case on our delayed-flight page, and see the full TAP compensation guide for how the whole process fits together.
FAQ — Frequently asked questions
TAP said "extraordinary circumstances" with no detail. Can I still claim?
Yes. A bare assertion is not proof. Ask TAP for the specific cause and supporting documents, and if none arrive, the burden of proof means your claim can proceed to escalation or court.
My TAP flight was delayed by a pilot strike. Am I owed money?
Probably. A strike by TAP's own pilots or cabin crew is not extraordinary (C-28/20), so a delay of three hours or more at your final destination normally qualifies. Our 3-hour delay guide explains the threshold.
The flight was cancelled, not delayed. Does the same logic apply?
Yes. The same burden of proof and the same excuses apply to cancellations; the cancelled-flight guide covers notice periods and rerouting offers.
TAP rejected me but offered a travel voucher. Do I have to accept it?
No. Cash compensation and refunds are legal rights and cannot be swapped for a voucher without your agreement, so a voucher offer does not close the door on a rejected compensation claim.
How long do I have to bring a claim against TAP?
It depends on the jurisdiction where the case is brought, so there is no single universal deadline. Check the limit for your route early.
Sources
This guide reflects the legal position in 2026: the EU261 three-hour threshold and compensation of EUR 250/400/600 apply, and the proposed EU261 reform (including a 9-month claim window and a 30-day airline response deadline) is not yet in force. It is general information, not legal advice.