TAP denied boarding and overbooking compensation
If TAP Air Portugal refused to let you board a flight you had booked and checked in for, and it was not your fault, you are almost certainly owed a fixed cash payment under EU Regulation 261/2004 — EUR 250, 400 or 600 depending on distance — on top of a refund or a new flight and free care while you wait.
Free eligibility check
Check your case in the form
Enter your route, date and type of disruption. We will check whether your case qualifies for a claim under EU 261/2004 or UK261.
What happened to your flight?
Claim up to €600 for a delayed or cancelled flight.
Choose the situation that applies to your flight:
Short answer: Denied boarding against your will (Article 4), usually because of overbooking, triggers immediate compensation of EUR 250/400/600 by distance, plus your choice of a full refund or re-routing (Article 8) and meals, calls and a hotel where needed (Article 9). Overbooking is never an "extraordinary circumstance," so TAP cannot use it to escape paying.
What counts as denied boarding
Denied boarding happens when you hold a confirmed reservation, present yourself at the gate on time (within TAP's published check-in and boarding deadlines), and the airline still refuses to carry you against your will. The classic cause is overbooking: TAP sold more seats than the aircraft has. Article 2(j) and Article 4 of EU261 cover this scenario, and the fixed compensation is due straight away — you do not have to prove any onward delay first, which is what makes a denied-boarding claim stronger than an ordinary delay claim.
You are generally not owed compensation if you were turned away for reasons within your control or for good cause: missing or invalid travel documents or a visa, arriving at the gate after the deadline, or reasonable health, safety or security grounds. In those situations Article 4 does not apply.
| Situation at the gate | Compensation likely? | Keep as evidence |
|---|---|---|
| Confirmed booking, on time, bumped against your will | Usually yes | Boarding pass, check-in time, written denial |
| Overbooking and TAP calls for volunteers | Depends on the deal you accept | Written offer, voucher, rebooking |
| You voluntarily gave up your seat for a benefit | Different regime — no fixed amount | Terms of the voluntary agreement |
| Refused for missing document or visa | Usually no | Written reason for refusal |
| Arrived at the gate after the deadline | Usually no | Boarding cut-off, proof of presence |
Volunteers versus being bumped
When a TAP flight is oversold, staff first ask for volunteers to give up their seats in exchange for agreed benefits (Article 4(1)) — cash, a voucher, lounge access or a later flight. If you accept, you have struck a private deal and you waive the fixed EUR 250/400/600 compensation, though you keep your right to a refund or re-routing. Negotiate hard: TAP's opening offer is rarely its best.
If nobody volunteers and TAP removes you anyway, you have been denied boarding against your will, and the full statutory compensation is yours regardless of what happens next. Ask a TAP agent for a written statement of the reason before you leave the desk — that document is often the single most useful piece of evidence in a claim.
How much TAP owes
Compensation is set by the great-circle distance of the flight, not by how long you were delayed.
| Distance | EU261 amount | Halved if re-routed within the time limits (Art. 7(2)) |
|---|---|---|
| Up to 1,500 km | EUR 250 | EUR 125 |
| 1,500–3,500 km, and any intra-EU flight over 1,500 km | EUR 400 | EUR 200 |
| Over 3,500 km to or from a non-EU country | EUR 600 | EUR 300 |
For TAP, a Lisbon–Madrid or Porto–Lisbon segment falls in the EUR 250 band; Lisbon to Paris, Frankfurt or Rome is EUR 400; and the long-haul network — São Paulo, Rio, Newark, JFK, Miami, Toronto, Luanda, Maputo — is EUR 600, because those routes exceed 3,500 km to a non-EU country. If TAP offers you a re-routing that gets you to your final destination within roughly two, three or four hours of the original schedule (by band), it may halve the amount under Article 7(2); a EUR 600 route can be reduced to EUR 300, but no lower. On a connecting itinerary the delay and distance that matter are those to your final destination, following the Court of Justice in Folkerts (C-11/11) — so being bumped off a Lisbon feeder that makes you miss a São Paulo connection can still be a EUR 600 claim.
Refund or re-routing, plus care
Alongside compensation, Article 8 gives you a choice: a full refund of the unused ticket (with a free flight back to your first departure point if a connection is now pointless), or re-routing to your destination at the earliest opportunity, or on a later date that suits you. While you wait, Article 9 entitles you to meals and refreshments in reasonable relation to the wait, two phone calls or emails, and hotel accommodation plus transfers if you must stay overnight — at TAP's expense. Keep every receipt; the Court confirmed in McDonagh (C-12/11) that the duty of care is not capped by time.
Overbooking is never "extraordinary"
TAP cannot dodge payment by calling overbooking bad luck. Selling more seats than the aircraft holds is a deliberate commercial decision, so it can never be an extraordinary circumstance under Article 5(3). The same logic reaches strikes: a walkout by TAP's own pilots (SPAC) or cabin crew (SNPVAC) is part of the airline's normal operations and does not excuse it, following Airhelp v SAS (C-28/20). If your booking was on a flight operated by TAP Express or a codeshare partner, the operating carrier is the one liable (Wirth, C-532/17) — check the "operated by" line on your ticket to see who you claim against.
At ClaimWinger we run these cases on a no win, no fee basis: there is no upfront cost, and we take a commission only if money reaches you. If TAP has bumped you, start your claim at /delayed-flight and let us handle the paperwork and the airline's excuses.
FAQ — Frequently asked questions
Is overbooking an extraordinary circumstance that lets TAP off?
No. Overbooking is a commercial choice, never an extraordinary circumstance, so denied-boarding compensation is always due when you were bumped against your will. Even a strike by TAP's own staff does not count, per Airhelp v SAS (C-28/20).
I volunteered to give up my seat — can I still claim EUR 250–600?
No fixed amount, because you accepted TAP's benefits voluntarily. You do keep your right to a refund or re-routing and to care, and you can negotiate the volunteer package before agreeing.
TAP bumped me from a flight operated by TAP Express — who pays?
The operating carrier is liable (Wirth, C-532/17). If TAP Express or a codeshare partner actually operated the flight, direct the claim there, though it is often simplest to lodge it with TAP first.
My denied boarding was on a flight leaving a UK airport — which rules apply?
UK261 applies to departures from the UK, with amounts of GBP 220/350/520 rather than euros. Our guide on UK261 vs EU261 explains which regime governs your route.
How long do I have to claim against TAP?
Time limits depend on where you bring the claim — in Portugal and other jurisdictions they vary, so do not assume a single universal deadline; act promptly and see TAP compensation time limits. A July 2026 EU reform proposing a 9-month claim window and a 30-day airline response is a proposal, not yet in force.
Sources
Related reading: TAP compensation (main guide), when EUR 600 applies, and how to claim from TAP. You can also estimate your payout with our flight compensation calculator.
This guide reflects the legal position in 2026: the EU261 three-hour threshold and EUR 250/400/600 amounts remain in force, and the EU261 reform (including any change to those thresholds and the proposed 9-month claim window and 30-day airline response) is not yet applicable. It is general information, not legal advice.