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Delayed Norwegian flight Budapest to Gatwick

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I was hoping for some advice from the forum. At the beginning of August, my return Norwegian flight from Budapest to London Gatwick was delayed by 8 hours. Frustratingly, we were kept waiting at the airport. Eventually we were told that our plane had landed in Frankfurt due to a medical reason. We were then told that the crew had gone beyond their service/duty time so we had to wait for the next flight from London to Budapest to bring in a new crew to fly us home. We landed back in the UK at 1am - we were supposed to be home at 4.30pm!

I used the template claim letter on this site for 250Euro per person in our party. Norwegian took several months to respond despite chasing and finally replied mid November stating they were unable to honour my claim as my flight was 'delayed due to extraordinary circumstances' (quoting European Court C-549/07 Wallentin-Hermann ruling).

The medical reason did not directly affect my flight – it was the incoming flight to Budapest that had the medical reason to land in Frankfurt. The delay was then further compounded by not having any standby crew available (the crew had gone beyond their duty time) and having to then fly a new crew in from London to fly us home. If Norwegian had standby crew or crew located closer to Budapest, we wouldn’t have had such a delay.

Is Norwegian’s response to my claim correct? Do I still have a valid claim? And if so, advice on what to do next? Thanks in advance!

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