Passenger information in accordance with Ministerial Order TMA/201/2022.

Prior complaint to the Airline

In accordance with Order TMA/201/2022, of March 14, which regulates the procedure for alternative dispute resolution for air transport users on the rights recognized at the European Union level regarding compensation and assistance in the event of denied boarding, cancellation or long delay, as well as in relation to the rights of persons with disabilities or reduced mobility, a new procedure is available for passengers to file a complaint with the State Aviation Safety Agency (AESA). However, in order to access this procedure, it is mandatory for passengers to submit a prior complaint to the airline (passengers must use the form available here (PDF, 0.8 MB, ES) and attach it, duly completed, to the complaint submitted through Requests and Complaints, or they can request and submit it at the TAP Air Portugal counter at the airport). The deadline for filing a prior claim is five years from the day on which the incident that could give rise to such claim occurred.

The airline company against which the prior claim is directed, will be obliged to acknowledge receipt of its presentation and will answer the prior claim in the shortest possible time and, in any case, within a maximum period of one month from its presentation.

When the resolution of the prior complaint is not completely satisfactory for the passenger, or if it has not been answered within a maximum period of one month from the date of its submission, the passenger may appeal to the Aviation Safety State Agency (AESA) for the alternative resolution of those disputes in which the European Union Regulations on the protection of air transport users (Reg. (EC) 261/2004 and Reg. (EC) 1107/2006) being expressly excluded from this procedure the claims about baggage, damages and clauses of the contract of carriage.

It is a cause of inadmissibility of the claim before AESA its presentation once the period of one year has elapsed since the presentation of this previous claim. The decision adopted by AESA in the alternative dispute resolution is binding for the airline. The airline may challenge such decision before the competent court although it must comply with it.