Originally Posted by
Greg66
Not really. Whatever the position may be under German law, and whatever LH claimed in German proceedings, the discussion here is what remedies BA might have under English law (the governing law of its COCs).
In England one can claim damages in lieu of specific performance of a contract (enforcement), and in any event it is commonplace to speak of enforcing contractual rights with a claim for damages.
The misdirection here here is not to focus on what the passenger’s obligations under the COCs are, and what remedies are available for breach of those obligations. The terms of the contract are the starting point for a discussion about breach and remedies.
One can do the same in the US. But, I doubt that any carrier would want to sue for damages rather than simply recalculating the fare, e.g. performance of the contract. The goal for most carriers is not to generate revenue but to render hidden city ticket fraud an unprofitable endeavor.
Hence my reference to the AF contract. It eliminates the complex and opaque process of refaring a ticket and permits the customer to make a quick and clear judgment as to what the practice will cost should he choose to engage in it. I cannot speak for every AF flight in existence, but an educated guess that the amounts are likely to deter most and that is all AF ought to want.
Any non-compliant use by the Passenger (for example, if he or she does not use the first Coupon or if the Coupons are not used in the order in which they were issued) noticed on the day of travel will result in the payment of a extra fixed-rate fee at the airport: €125 on short-haul flights (metropolitan France and Corsica), €250 for an Economy medium-haul flight, €500 for a Business medium-haul flight, €500 for an Economy or Premium Economy long-haul flight, €1,500 for a Business long-haul flight and €3,000 for a La Première long-haul flight (or the equivalent in the local currency).