TAP USA and Canada flight compensation: EUR 600 long-haul
Short answer: Every TAP Air Portugal route between Lisbon or Porto and North America is longer than 3,500 km, so it sits in the top EU261 band: EUR 600 per passenger when you reach your final destination three or more hours late, the flight is cancelled at short notice, or you are involuntarily denied boarding — unless TAP proves a genuine extraordinary circumstance. Because TAP is an EU carrier, EU261 protects both the westbound leg out of the EU and the eastbound leg back into it. Flights departing the US or Canada on another airline, and flights departing the UK, follow different rules.
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Why TAP's transatlantic flights are all EUR 600
Regulation (EC) 261/2004 puts flights over 3,500 km between an EU airport and a non-EU airport in the EUR 600 band. TAP's entire North American map clears that distance comfortably. From the Lisbon (LIS) and Porto (OPO) hubs, TAP flies to Newark, New York JFK, Boston, Miami and Washington in the United States, and to Toronto and Montreal in Canada. The shortest — Lisbon to Boston or Montreal — is around 5,000 km; none drop into the EUR 400 or EUR 250 tiers.
| TAP route (final destination) | Approx. distance | Band |
|---|---|---|
| Lisbon / Porto – Boston | ~5,000 km | EUR 600 |
| Lisbon / Porto – Newark, JFK | ~5,300–5,500 km | EUR 600 |
| Lisbon – Washington | ~6,000 km | EUR 600 |
| Lisbon – Miami | ~7,000 km | EUR 600 |
| Lisbon – Montreal | ~5,000 km | EUR 600 |
| Lisbon – Toronto | ~5,700 km | EUR 600 |
The amount is a flat sum fixed by distance, never by what you paid. A discounted economy seat and a lie-flat business fare on the same Newark service both attract EUR 600. Our TAP EUR 600 long-haul guide covers the band in more detail, and you can sanity-check any figure with the flight compensation calculator.
EU261 covers both directions
Two rules decide coverage. First, any flight leaving an EU airport is protected whatever the airline — so Lisbon–JFK or Porto–Newark is inside EU261 automatically. Second, because TAP is a Portuguese (EU) carrier, EU261 also covers TAP flights arriving in the EU from a non-EU airport. That means the return legs — Newark–Lisbon, Boston–Porto, Toronto–Lisbon — are equally protected, even though they take off on American or Canadian soil, because a European carrier operates them.
This is the key difference from a US or Canadian carrier: a United or Air Canada flight from New York or Toronto to Europe is outside EU261, but the same route on TAP is covered. On a round trip, confirm who operates each leg before writing off the homebound flight.
Connections through Lisbon and Porto
Most TAP transatlantic passengers connect — say Berlin–Lisbon–Miami on a single ticket. If a short European feeder runs late and you miss the ocean crossing, what matters is your arrival delay at the final North American destination and the total distance to it, not the leg that failed. The Court of Justice settled this in Folkerts (C-11/11): compensation on a single booking is fixed by the delay at, and distance to, the final destination.
So a 40-minute feeder delay into Lisbon that costs you the Miami connection can still deliver EUR 600, because Berlin to Miami is well over 3,500 km and you land hours late. Keep every leg on one reservation — separate tickets break the chain. Our missed-connection guide and the three-hour rule explained cover the timing.
When EUR 600 drops to EUR 300
There is one lawful reduction. Under Article 7(2), if TAP re-routes you on a flight over 3,500 km and you still reach your final destination no more than four hours after the original scheduled arrival, it may halve the payment to EUR 300. Land four hours or more late and the full EUR 600 stands — this four-hour rerouting rule is the only route to EUR 300, not a general cap. Separately, you keep the Article 9 right to care (meals, refreshments and a hotel if stranded overnight) once the wait passes the 2/3/4-hour thresholds, plus the choice between a refund and rerouting if the flight is cancelled.
Extraordinary circumstances and TAP strikes
TAP does not pay if it proves the disruption was an extraordinary circumstance it could not have avoided with all reasonable measures. Severe weather, air-traffic-control restrictions and genuine security threats can qualify. Routine technical faults generally do not (Wallentin-Hermann, C-549/07), nor does a component that fails unexpectedly in service (van der Lans, C-257/14).
TAP is regularly hit by strikes from its own SPAC pilots and SNPVAC cabin crew. That matters, because in Airhelp v SAS (C-28/20) the Court held that a strike by an airline's own staff is part of normal operations and is not an extraordinary circumstance — so a transatlantic flight grounded by a TAP crew strike will usually still owe compensation. A third-party strike, such as air-traffic control or airport security, is a different matter and may qualify. Also check the "operated by" line: under Wirth (C-532/17) the operating carrier is liable, and some TAP itineraries feed through TAP Express or codeshare partners.
Claim with ClaimWinger
ClaimWinger runs TAP transatlantic claims on a no-win, no-fee basis: no upfront cost, and a commission only if we actually recover your money. We confirm the operating carrier, measure the delay at your true final destination, test any extraordinary-circumstances defence and handle the correspondence. Start with your flight details on our delayed-flight page, or read the full TAP Air Portugal compensation hub first.
UK departures and time limits
If your journey departs a UK airport, UK261 applies instead, with sterling amounts of GBP 220 / 350 / 520 — relevant if you route a transatlantic trip via London. Our UK261 vs EU261 guide explains which regime governs.
There is no single universal deadline for bringing a claim: the period depends on the jurisdiction where you sue, and national limitation rules vary widely, so check the TAP time-limit guide early rather than assume you have unlimited time. A separate July 2026 EU reform — proposing a nine-month claim window and a 30-day airline response deadline — is a proposal, not yet in force.
FAQ — Frequently asked questions
How much is TAP compensation for a delayed flight from Lisbon to New York?
EUR 600 per passenger if you arrive three or more hours late, because the route is over 3,500 km. It falls to EUR 300 only if TAP re-routed you and you still landed within four hours of the original schedule.
Does EU261 cover a TAP flight from Newark or Toronto to Lisbon?
Yes. TAP is an EU carrier, so EU261 covers its flights arriving in the EU from a non-EU airport. Newark–Lisbon, Boston–Porto and Toronto–Lisbon on TAP metal are all protected, even though they depart North America.
My European feeder was only slightly late but I missed the TAP flight to Miami. Can I claim?
Yes, if both legs were on one booking and you reached Miami three or more hours late. Under Folkerts (C-11/11) the delay at your final destination governs, and the amount reflects the full distance to it.
Does a TAP pilot or cabin-crew strike block my transatlantic claim?
Usually no. A strike by TAP's own staff is not an extraordinary circumstance (Airhelp v SAS, C-28/20), so TAP normally still owes compensation. A third-party strike, such as air-traffic control, may be treated differently.
What if a US or Canadian airline operates my flight, not TAP?
Then EU261 only helps on legs departing the EU. A United or Air Canada flight from North America to Europe is not covered, because the operating carrier is not European.
Sources
This guide reflects the legal position in 2026: the EU261 three-hour threshold and EUR 250/400/600 amounts remain in force. The proposed EU261 reform — including any revised delay thresholds, the nine-month claim window and the 30-day airline response deadline — is a proposal, not yet in force. This is general information, not legal advice; verify the current position for your specific flight.