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Old Nov 5, 2019, 4:41 pm
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cass88
 
Join Date: Nov 2019
Posts: 5
TUI netherlands delay claim

Hi

We flight TUI Netherland from Antalya to Amsterdam (OR776) on 12th Oct. Departure was supposed to be 13:05, it was delayed to 15:00, then to 16:00 and in the end departure around 16:40. As it was several weeks ago, I only remember checked the departure time on the internet and don't really remember exactly what the time is, but it was for certain over 3h. I have submitted the complaint to TUI Netherlands and request for a refund. But they have replied said according to their calculation, the delay is 2h59m.

The European Court of Justice has decided on October 23rd 2012 that passengers from a delayed flight, in particular circumstances, have the right to receive a compensation when they arrived more than three hours from the original planned arrival time at their final destination. According to our calculations, based on the time listed on your ticket and the data from the cockpit of the aircraft, is the exact time of delay from this flight, 2 hours and 59 minutes. Herewith your flight with flight number OR 776, has had an arrival delay of less than 3 hours. Therefore TUIfly will not accept any form of compensation for this flight departure.
Is this a common trick they play? Anybody had the experience to claim the money back from TUI? As I could not find the historic departure information, so I can not approve to them they are wrong. But I am quite certain it was over 3h. We have 3 adults, 2 kids (1 is under 2y), so it would be quite lots of money for them to pay back. I am thinking about using the third party agency to do the claim. Do you have any suggestions on which one to use in the Netherlands? Or is it easy to do it myself?

Thanks for your help!
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