Disrupted flight (EC 261/2004)

Flight compensation TAM Brazilian Airlines:
Madrid — Beijing

Planned legal compensation: 600 €

Was your flight between Madrid Barajas International Airport (MAD) and Beijing Capital International Airport (PEK) delayed or cancelled? European law EC 261/2004 protects you with no upfront costs.

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File your refund for TAM Brazilian Airlines Madrid → Beijing

Denied boarding on TAM Brazilian Airlines Madrid → Beijing qualifies you for up to 600€. Check how to claim.

Leaving Madrid Barajas International Airport, you are covered by European legislation. The distance of 9 205 km sets the tier of your legal indemnity. With over 3500 km, you qualify for the maximum tier.

Why are you entitled to 600 €?

The European Regulation EC 261/2004 is very strict regarding air passenger rights. The amount of fixed compensation does not depend on the price of your ticket, but only on the flight distance.

Details of your right to compensation

  • Departure airport: Madrid Barajas International Airport (MAD)
  • Arrival airport: Beijing Capital International Airport (PEK)
  • Flight distance: 9 205 km (~11h30)
  • Applicable compensation: 600 €

Since the Sturgeon ruling of 2009, delays over 3 hours are treated the same as cancellations regarding payout entitlement. This greatly broadened the scope of the regulation.

How to know if the flight TAM Brazilian Airlines Madrid - Beijing is eligible?

Note your actual arrival time at Beijing. If TAM Brazilian Airlines made you wait more than three hours at Beijing Capital International Airport, your entitlement is confirmed.

Even if TAM Brazilian Airlines offers a replacement flight, the 600€ indemnity remains owed if the final delay at Beijing is over the 180-minute threshold.

What are the conditions for TAM Brazilian Airlines to compensate you?

  • Delay at arrival: You arrived with more than 3 hours delay at Beijing.
  • Cancellation: The airline cancelled the flight less than 14 days before departure.
  • Overbooking: You were denied boarding against your will at Madrid airport.
  • Airline responsibility: The problem must be attributable to TAM Brazilian Airlines (technical problem, sick crew, scheduling...).

Warning: Extraordinary circumstances (extreme weather preventing takeoff from Madrid, air traffic controllers' strike, political instability) exempt the airline from its obligation to compensate.

The impact of a strike on your TAM Brazilian Airlines compensation

The EU Court of Justice has clearly stated: internal industrial action do not constitute extraordinary circumstances for airlines. This ruling is binding across the entire EU.

Even if the 600€ are not owed due to an external strike at Madrid, care (food/accommodation) remains the responsibility of TAM Brazilian Airlines. This is a separate right.

What are your rights at Madrid airport in case of prolonged wait?

What few know: the assistance obligation remains valid even {in extraordinary circumstances|when force majeure is invoked|when the 600€ indemnity is not owed}. Even if TAM Brazilian Airlines is excused from compensation, assistance remains mandatory.

Even in force majeure cases, the right to assistance at Madrid still applies. The hotel must be provided if TAM Brazilian Airlines delays your flight overnight.

Steps: how to get your 600 € from TAM Brazilian Airlines?

For your Madrid → Beijing route, precision is crucial. Record the reasons given by TAM Brazilian Airlines staff at Madrid Barajas International Airport during the incident.

By delegating your MAD→PEK case to specialist partners, you enjoy the "No Win, No Fee" principle (no cost if unsuccessful).

How long does it take to get the 600 € compensation?

Many claimants wait more than half a year for a response from TAM Brazilian Airlines. An specialist can halve this time.

A group claim on the TAM Brazilian Airlines flight from Madrid can also be a means to {get your funds|recover your 600€} more efficiently.

What to do faced with silence or refusal from the airline?

Don't believe TAM Brazilian Airlines's letter stating that Madrid's airport was hit by weather without checking official reports.

As a final step, it is a legal summons that typically triggers payment. TAM Brazilian Airlines will nearly invariably prefer to settle the 600€ rather than incur additional legal costs for a case it knows it will lose in court.

Help & Information

Frequently Asked Questions: Flight Madrid - Beijing

Everything you need to know about your request under European Union law.

What is the exact amount of compensation for a cancelled TAM Brazilian Airlines flight from Madrid to Beijing?

According to European Regulation EC 261/2004, the distance between MAD and PEK being 9 205 km, the legal fixed compensation is set at 600 € per passenger, regardless of the initial price of the plane ticket.

How much time do I have to claim my compensation from TAM Brazilian Airlines?

The legal limitation period depends on the country where the airline or the airport is based or the competent jurisdiction. Generally it varies from 2 to 5 years, but in France, you have up to 5 years to assert your rights.
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