With lost luggage since October, passenger fights “email battle” to receive compensation from TAP

Passenger Teresa Duarte has been waging an “email battle” with TAP to be compensated for the diversion of her luggage on a flight departing from the city of Mindelo, in S. Vicente, to Spain, with a stopover in Portugal. The trip took place on October 7, 2022, but, upon arriving at Madrid airport, the Cape Verdean woman did not find her suitcase. To date, the damage has not been recovered.

Jul 29, 2023 - 03:30
Sep 2, 2023 - 18:26
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With lost luggage since October, passenger fights “email battle” to receive compensation from TAP
With lost suitcase since October, passenger fights “email battle” to receive compensation from TAP

He immediately reported the situation to the TAP counter and was assured that his belongings would be delivered to an address he provided. And that she would be kept up to date with the démarches by a telephone number that she left with an agent of the Portuguese air carrier.

“A telephone contact was made available to me, but my calls were never answered”, tells Teresa Duarte, who says she sent several messages to the TAP website reporting what happened and demanding information about her luggage. “When they answered, it was to ask the questions that had already been answered or to say that the suitcase had not yet been found”, reveals. The passenger adds that the company asked her for a list of the contents of her suitcase and ended up listing the objects she remembered. “Days later they asked for the same thing again”, reveals our source, who made it reach the Mindelinitis messages exchanged with TAP.

In one of the emails, the company informs that, despite efforts, it was impossible to locate the luggage and adds that the transport of passengers and accompanied luggage is subject to rules and limitations of liability established by the General Conditions of Transport in force at TAP. These rules, adds the message, refer to Regulation no. 889/2002 and, pursuant to it, to the 1999 Montreal Convention. “In case of damage or loss, the carrier's liability is limited to 1,131/1,288 Special Drawing Rights or equivalent in euros. Thus, in this case, the amount of compensation is set at 1,600 euros”, communicates the operator, who requested bank details to make the payment.

To expedite the case, and “avoid further stress”, Teresa Duarte sent a bank account number on April 20, making it clear, however, that the amount does not even cover material damage. After waiting some time, the passenger sent a new email asking when TAP intended to deposit the amount. He recalls that the case has dragged on since October 7, the day he landed with nothing in Madrid, a strange city. In response, TAP apologizes for the delay and says it needs to know if the indicated account accepts a transfer in euros, or if it has to be in Cape Verdean escudos.

Tired of this “game”, Teresa Duarte sends a message again on May 31 complaining, once again, about the company’s silence and clearly says that she is already considering suing the courts. “…, but I want to believe that a company of this level does not need the courts to face its responsibilities. The wear and tear has been a lot and losing more energy with justice has been postponed”, stresses the passenger, stressing that the company's inertia has caused her "not very recommendable" feelings.

In early July, TAP informs by email that the bank transfer of 1,600 euros was carried out in May, “and the value should already be reflected in bank movements”. The next day, the passenger reacts and says that no amount has entered her account and asks the company to send her proof of deposit. And it makes it clear that it will take legal action if TAP is not telling the truth. He also threatens to reveal the situation on social media and in the press. In response, TAP reconfirms that the transfer will take place exactly on May 16th and adds that it will request clarification from the bank. On July 12, the Cape Verdean again stressed that the compensation did not enter the account and again requests proof. According to this passenger, she never received the amount.

In his analysis, the error started at Cesária Évora airport. She reveals that she was alerted by a border service agent that her boarding pass was up to Lisbon. In possession of this data, he approached an employee, who asked him for some time to correct the information. Because of that, he was the last person to board. “It seems that the mesh already had a seal for Lisbon”, understands Teresa Duarte, who says she got in touch with the TAP representative in S. Vicente when she returned from Madrid, but did not find an opening to resolve the case.

O Mindelinitis sent an email to TAP requesting clarification on this case, waited three days, but did not receive any reaction from the company until the publication of this news.

Source: Mindelinsite

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