TAP downgrade: reimbursement of 30, 50 or 75 percent
Short answer: If TAP Air Portugal seats you in a lower class than the one you paid for — typically Executive down to Economy — EU Regulation 261/2004 (Article 10(2)) gives you reimbursement of 30%, 50% or 75% of the ticket price for the affected flight, depending on distance. A downgrade is legally distinct from denied boarding or a delay, and TAP must pay it within seven days.
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What actually counts as a downgrade
A downgrade happens when TAP carries you in a lower class of service than the one shown on your ticket. The classic example is a passenger who bought a TAP Executive (business) fare and is reseated in Economy because the cabin was oversold or the aircraft was swapped for a smaller type. It also applies to any premium product sold down to standard Economy.
Being downgraded is not the same as being bumped. If TAP refuses to carry you at all on an oversold flight, that is denied boarding under Article 4, which triggers a fixed cash sum of EUR 250-600 plus a refund or re-routing under Article 8. A downgrade is different: you still reach your destination on the same flight, only in a worse cabin. Because you were carried, the remedy is a partial fare refund rather than the flat Article 7 compensation. See our guide on TAP denied boarding and overbooking.
How much TAP must reimburse
Article 10(2) sets three tiers, based on the distance of the downgraded flight, not the overall price you paid.
| Flight distance | Reimbursement of the ticket price |
|---|---|
| Up to 1,500 km | 30% |
| All intra-EU flights over 1,500 km, and all other flights between 1,500 and 3,500 km | 50% |
| All other flights over 3,500 km | 75% |
In TAP terms: a short hop such as Lisbon to Madrid falls in the 30% band. A longer intra-EU route over 1,500 km, such as Lisbon to Berlin or Athens, sits at 50%. A long-haul flight beyond the EU and over 3,500 km — Lisbon to São Paulo, New York or Luanda — attracts 75%. Distance is measured on the downgraded segment, so on a multi-leg itinerary only the mis-seated leg matters.
The reimbursement must be paid within seven days, in cash or by bank transfer, or as a travel voucher only with your written agreement. TAP cannot force a voucher on you.
Which price the percentage applies to
This is the point airlines most often get wrong. The Court of Justice settled it in C-255/15 Mennens: the percentage in Article 10(2) applies to the price of the flight on which you were actually downgraded, and where the ticket does not state that figure separately, the airline must work out the proportion attributable to that segment. Taxes and charges you pay regardless of cabin class must be stripped out before the percentage is applied. So a business fare of EUR 900 for the segment plus EUR 120 of fixed airport and security charges is assessed on the EUR 900, not the EUR 1,020.
If TAP offers a round figure that looks suspiciously low, ask for the fare breakdown and re-run the maths. Sense-check the amount with our TAP compensation calculator.
Care, delays and other rights still stand
A downgrade reimbursement does not cancel your other entitlements. If the reseating came with a long wait, TAP still owes the right to care under Article 9 — meals and, where needed, hotel and transport, explained in our note on meals, hotel and care rights. If the same flight also lands three or more hours late at your final destination, delay compensation under Article 7 is a separate claim on top of the downgrade refund, with connections counting to the final destination (C-11/11 Folkerts). The operating carrier is liable (C-532/17 Wirth), so if the leg was flown by TAP Express or a codeshare partner, direct your claim to whoever operated the aircraft.
How to claim a downgrade refund from TAP
Keep your original boarding pass and booking confirmation, both showing the class you paid for, and note the fare for the downgraded segment. Write to TAP citing Article 10(2) and the relevant percentage, and ask for payment within seven days. If TAP stalls or lowballs the figure, escalate to Portugal's enforcement body (ANAC) or the courts. Limitation periods vary by jurisdiction — three years in Portugal — so do not sit on the claim. Our walkthrough on how to claim from TAP covers the wording and evidence.
Why ClaimWinger
ClaimWinger runs downgrade and disruption claims on a strict no-win, no-fee basis: no upfront cost, and we only take a commission if money reaches you. We read the fare breakdown, apply the correct Mennens deduction, and push back when an airline undervalues the segment. If your TAP flight was also delayed or cancelled, start a free check at /delayed-flight. The hub page for all TAP rights is TAP Air Portugal compensation.
FAQ — Frequently asked questions
Do I get EUR 250-600 as well as the downgrade refund?
Not for the downgrade itself. The flat EUR 250/400/600 sums under Article 7 apply to cancellations, long delays and denied boarding. A downgrade is compensated only through the 30/50/75% reimbursement. You can still claim it separately if the same flight also arrived three or more hours late at your final destination.
TAP moved me to Economy but refunded nothing. Is that legal?
No. Article 10(2) reimbursement is automatic — TAP does not need your permission and cannot make it conditional. If nothing is paid within seven days, put the claim in writing and escalate.
Is a "reduced" business seat or a blocked recline a downgrade?
No. A downgrade means being placed in a genuinely lower class of service. A less comfortable seat within the same cabin you booked is not covered by Article 10(2), though a service failure may support a separate complaint.
Does it matter that I booked through an agent or with Miles&Go?
No. Booking through eDreams, Opodo or any OTA does not change your right against the operating carrier. Award tickets on publicly available Miles&Go terms are generally covered, because Article 3(3) only excludes fares not available to the public.
What if the downgraded flight departed the UK?
Then UK261 applies instead of EU261, with sterling amounts for delay and denied boarding, but the downgrade reimbursement tiers work in the same way against the operating carrier.
Sources
- Regulation (EC) No 261/2004, Article 10 — downgrade reimbursement and payment rules.
- CJEU, C-255/15 Mennens — the price basis for calculating the percentage.
- European Commission — Air passenger rights — overview of EU261 entitlements.
This guide reflects the legal position in 2026: EU261 provides a 3-hour delay threshold, compensation of EUR 250/400/600, and downgrade reimbursement of 30/50/75% under Article 10(2). The July 2026 EU reform (a 9-month claim window and a 30-day airline response deadline) is a proposal, not yet in force. This is general information, not legal advice.