Originally Posted by
subject2load
Furthermore (and I’m certainly not the first to raise this), I do believe there could be some merit in the introduction of punitive payments, ie. over & above the currently prescribed levels, to be made by carriers who wilfully and erroneously attempt to deny legitimate claims, by whatever means. I’m not saying it would be a total solution ; but it would sure help focus the beancounters’ minds somewhat.
That is one of the open secrets here: there is provision in EC261 Article 16 for penalties for non enforcement. This is a case where "subsidiarity" applies, so it is up to the UK government to set the penalty, and the statutory instrument concerned applies a penalty
Originally Posted by Statutory Instrument: The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
(1) An operating air carrier who fails to comply with an obligation imposed on it by Article 4 to 6, 10, 11 or 14 shall be guilty of an offence.
(2) A person guilty of an offence under this regulation shall be liable on summary conviction, to a fine not exceeding level 5 on the standard scale.
The quoted articles are the factors that give way to compensation, rebooking or right to care (which are respectively article 7 to 9), but the obligation is clearly stated above. And Article 14 is the subject of this very thread (Obligation to inform passengers of their rights). Level 5 on the Scale is an unlimited fine for offences after 13 March 2015, £5,000 for offences committed before that date. Now in practical terms it would need the CAA to enforce this rather than Joe Bloggs, and I'm not aware of any such punishment ever being meted out in the UK or anywhere else. But in short it's already there.