The General Directorate of Consumption of the
Balearic Islands
has imposed a fine of 24,000 euros on the airline
Ryanair
for the practice of charging hand luggage that passengers bring into the cabin of the plane, the consumer association
FACUA
reported in a statement .
.
This association filed this complaint in November 2019 with the Departments of Consumption of all the autonomous communities.
Finally, the General Directorate of Consumption of the Balearic Islands has fined this airline with this sanction upon verifying that it incurred a serious infraction in terms of the defense of consumers and users.
FACUA-Consumers in Action
points out in its press release that since 2018 this airline changed its policy of free hand luggage and began to apply an economic surcharge.
The only passengers exempt from payment are those who have purchased their tickets with the priority boarding rate which, with an added price, allows them to continue boarding the plane with two pieces of luggage and carry both in the cabin.
The rest of the passengers are charged for all the packages that board the plane and that exceed the size 25x20x40 centimeters.
abusive practice
In its resolution, the Balearic administration considers that the inclusion of a clause that enables the collection of a surcharge for carrying hand luggage into the cabin of the plane should be reported as an abusive practice.
Consumerism argues that several court rulings have ruled that hand luggage is not considered luggage and that the carrier is obliged to carry it free of charge in the cabin.
Similarly, the Court of Justice of the European Union (CJEU) points out in case C-487/12 that "unchecked luggage or hand luggage" is considered an "indispensable element of air transport", for which the company "is obliged to transport it without being able to demand any type of supplement or extra cost".
In addition, the Air Navigation Law itself, in its article 97, states that "the carrier will be obliged to transport free of charge in the cabin, as hand luggage, the objects and packages that the traveler carries with him".
It only contemplates as exceptions "safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft"
Consumerism argues that several court rulings have ruled that hand luggage is not considered luggage and that the carrier is obliged to carry it free of charge in the cabin.
Similarly, the
Court of Justice of the European Union
(
CJEU
) points out in case C-487/12 that "unchecked luggage or hand luggage" is considered an "indispensable element of air transport", for which the company "is obliged to transport it without being able to demand any type of supplement or extra cost".
In addition, the
Air Navigation Law
itself , in its article 97, states that "the carrier will be obliged to transport free of charge in the cabin, as hand luggage, the objects and packages that the traveler carries with him".
It only contemplates as exceptions "safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft"
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