They can enforce it by ticket cancellation. But the issue in the case of the OP is a lawsuit - that is, can they sue you and fine you above and beyond what you have already paid them. And that is going to depend on the jurisdiction they sue you in. In the US damages typically have to be proven. My non-lawyer’s understanding is that US law generally doesn’t allow enforcement of purely punitive clauses regardless of what a contract may say. (Though many companies have gotten way with them for decades, for example, early cancellation fees in cell phone contracts that are not pro-rated.) So, since the airline didn’t have to pay extra to not carry him on the final leg but in fact saved on fuel, I’d think it’s not a sure bet that they could sue for “damages” in the US and win. On the other hand, they can claim they are out the money they would have billed if he had said where he was going when he booked the ticket. So, it seems like the kind of case that could go either way. But, again, IANAL.
2 Likes
