First time trying to get compensation so apologies if this question is really simple:
I was on an Alitalia flight from JFK-FCO that was delayed just more than 4 hours. After requesting 600 EU compensation under EC 261/2004, the request was denied for the following reason:
"After investigation, our records show that the flight in question was caused by the late arrival of previous flight which was delayed due to operational reasons, an unfortunate occurrence totally beyond the airline's control.
Please note that no compensation is due on this occasion as outlined in Article 5.3 and Recital 14 of EC 261/2004 that the liability of an airline is exonerated when the cancellation of a flight is due to 'extraordinary circumstances' which could not have been avoided even if reasonable measures had been taken."
Now, I'm pretty sure that operational reasons are not considered 'extraordinary circumstances', and even if they are, the fact that they occurred on the incoming flight, and not this flight itself, would mean that liability is not waived. But how do I best go about effectively making that argument?
Thank you for the assistance