TAP delayed flight compensation: how much and how to claim

Short answer: If your TAP flight lands at your final destination three hours or more behind schedule, TAP normally owes EUR 250 (up to 1,500 km), EUR 400 (1,500-3,500 km and longer flights within the EU) or EUR 600 (over 3,500 km outside the EU). The payment falls away only if TAP proves a genuine extraordinary circumstance.

When a TAP delay pays: three hours at the final destination

The Court of Justice created the compensation right in Sturgeon (C-402/07): a passenger who reaches the final destination three hours late is treated like one whose flight was cancelled. The clock that counts is the arrival delay, not the departure delay, and arrival is fixed at the moment a cabin door opens at the destination - not when the wheels touch down, so note when you actually stepped off. A long delay on the tarmac at Lisbon that the crew claws back in the air, landing under three hours late, triggers no payment.

Because TAP is a Portuguese (EU) carrier, EU261 covers every TAP flight leaving an EU airport and also TAP flights arriving in the EU from a third country. That two-way protection matters on São Paulo-Lisbon, Luanda-Lisbon or Newark-Lisbon. One exception: a flight departing a UK airport - for example London-Lisbon - falls under UK261 instead, with fixed sums of GBP 220/350/520 (see UK261 vs EU261: which rules apply). This guide focuses on delay; for cancellations, denied boarding and the full set of rights, start with the main TAP Air Portugal compensation guide.

How much: EUR 250, 400 or 600

The amount depends on great-circle distance, not on the ticket price.

TAP's long-haul network to Brazil, the United States, Canada and Africa sits in the EUR 600 band. A reduction is allowed in one situation only: if TAP re-routes you and you still reach a long-haul destination less than four hours late, Article 7(2) lets it halve the EUR 600 to EUR 300. Check your figure with the ClaimWinger flight compensation calculator.

Missed connection through Lisbon: the final destination governs

TAP funnels traffic through its Lisbon and Porto hubs, and connecting itineraries produce the most valuable claims. Under Folkerts (C-11/11), on a single booking it is the arrival delay at the final destination that counts - and the distance is measured from origin to final destination, not to the connecting airport.

Example: you book Funchal-Lisbon-São Paulo on one ticket. The feeder from Madeira lands only 30 minutes late, but you miss the transatlantic flight and reach São Paulo eleven hours later. What is judged is the eleven hours in São Paulo, not the 30 minutes into Lisbon - the result is EUR 600. This only works when every leg sits on one reservation; separate tickets are assessed as separate journeys. More detail in the TAP EUR 600 compensation guide.

Care while you wait (Article 9)

Compensation is separate from the right to care, which begins earlier and needs no proof of fault. Once the delay reaches two hours (short flights), three hours (medium) or four hours (long-haul), TAP must provide meals and refreshments plus two phone calls or emails; if you are forced to wait overnight, it must cover hotel and transfers (McDonagh, C-12/11, confirms this duty is not capped even in extreme events). Keep the receipts - you can reclaim reasonable out-of-pocket costs on top of the fixed compensation.

When TAP does not have to pay

TAP can escape compensation only by proving an extraordinary circumstance under Article 5(3), and the term is read narrowly. It does not cover:

• Routine technical faults arising from normal operation (Wallentin-Hermann, C-549/07; confirmed in van der Lans, C-257/14).
• Strikes by TAP's own staff. TAP is hit by frequent SPAC pilot and SNPVAC cabin-crew action; a strike by the airline's own workforce is not extraordinary (Airhelp v SAS, C-28/20).

Genuinely extraordinary events include severe weather that makes a safe flight impossible, air-traffic-control restrictions and security decisions. Blanket phrases such as "operational reasons" are not enough. The operating carrier is the one liable (Wirth, C-532/17) - some TAP-numbered flights are flown by TAP Express or codeshare partners, so check the "operated by" line to see who owes you.

How to claim from TAP

1. Gather your booking reference, boarding passes and the actual arrival time (when the door opened).
2. Note the reason TAP gave and any announcements or delay messages.
3. Send TAP a written claim stating the flight, the delay at the final destination and the sum due.
4. If TAP refuses or goes silent, escalate to Portugal's regulator (ANAC) or bring the claim in court.

For a step-by-step walkthrough see how to claim compensation from TAP, and if you get a "no", read what to do when TAP rejects the claim. Time limits to sue depend on where the claim is brought - in Portugal a multi-year civil limit applies, but other courts differ - so do not rely on a single universal deadline.

ClaimWinger works on a no win, no fee basis: there is no upfront cost, and we charge a commission only if your claim succeeds. If a delayed TAP flight cost you three hours or more, start with a free check on our delayed-flight page and let us handle the airline for you.

FAQ — Frequently asked questions

Does a big departure delay from Lisbon count?

No. Only the arrival delay at your final destination matters. If TAP makes up time in the air and you land under three hours late, no compensation is due - though the right to care during the wait still applies.

My connection was in Lisbon and only the second leg ran late. Can I still claim?

Yes, if both legs were on one booking. Under Folkerts the delay at your final destination governs, and the distance runs from your origin to that final destination, not to Lisbon.

Is a TAP strike always a valid excuse?

No. A strike by TAP's own pilots or cabin crew is not an extraordinary circumstance (Airhelp v SAS), so delays caused by internal industrial action normally still pay.

How much is a delayed Lisbon-Brazil or Lisbon-US flight worth?

Those routes exceed 3,500 km outside the EU, so a three-hour-plus arrival delay is worth EUR 600 - unless a re-routing brings you in under four hours late, in which case it can drop to EUR 300.

Does the reform giving airlines 30 days to reply already apply?

No. The July 2026 EU261 reform (a nine-month claim window and a 30-day airline response) is a proposal, not yet in force. Today's three-hour threshold and the EUR 250/400/600 amounts still apply.

Sources

• Regulation (EC) No 261/2004 - EUR-Lex
• Court of Justice of the EU - case law (Sturgeon C-402/07, Folkerts C-11/11)
• ANAC - Portuguese Civil Aviation Authority: passenger rights

This guide reflects the EU261 position in 2026: the three-hour threshold and the EUR 250/400/600 amounts are in force, while the proposed EU261 reform is not yet applicable. It is general information, not legal advice.