A couple of months ago my other half arrived at 6am at Toulouse to fly Easyjet to Gatwick. The flight was delayed and at one point staff assumed it would be cancelled. As he flies each week for work and Easyjet could not say how long the flight delay would be (though as it was a technical issue it would be more than a couple of hours at least...)he decided to switch to the BA flight which cost a small fortune but at least he was able to get to work that day.
The Easyjet flight finally took off and landed almost 6 hours late (which would have cost him a whole days work and cancelled meetings) and therefore I believe he should be entitled to EU compensation of 250 euro. However Easyjet are offering only 42 euro the cost of the single flight.
Our costs for the change of hire car (due to arriving at Heathrow, cost of BA flight and loss of half a days revenue) amount to significantly more than the 250 euro so we are not easily settling for 42 euro!
Easyjet have now come back saying that because he didn't actually take the delayed flight and chose to switch to an alternative airline he is not entitled to EU compensation. They are offering a very woolly (all airlines have this policy) statement but have not demonstrated where in the conditions this is actually stated - nor can I find evidence of this on the passenger rights pages.
Does anyone else have experience of this or can point me in the direction of what law I should be stating to fight the case with Easyjet. We are significantly out of pocket and I want to try to reclaim the full compensation amount. Alternatively If it's a hopeless cause then I'd be grateful if you are able to help me see this so I don't waste too much of my life on it...