Isabel García Madrid

Madrid

Updated Wednesday, April 3, 2024-00:15

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Nine o'clock in the morning. Terminal 1 of the Adolfo Suárez

Madrid-Barajas airport.

The three-day getaway to Madeira begins for Javier and Ana, an excited couple... for a short time. They get in line to board easyJet flight EJU7640, heading first to Lisbon, and from there, they connect with another flight of the same company to

Funchal,

the capital of the Portuguese island.

The problems begin

: "That suitcase is too big; you can't take it up," says one of the employees of the British

low-cost

airline in a rather rude and rude manner . "

But it's the only thing I bring!

When booking on the company's website it said that you can take a hand luggage with you," the man answers.

The worker's response: "Not so big. Put it there," he continues in the same tone, pointing towards the company's baggage meter. It cannot exceed

45 x 36 x 20 centimeters

(including handles and wheels) nor weigh more than 15 kilos and fit under the airplane seat. Standing it fits perfectly. Lying down, "as it should be", no. It exceeds six centimeters in height.

"58 euros

," adds the employee,

pointing

with the dataphone.

Either you pay or you don't fly. There is no more, no matter what the International Air Transport Association (IATA), the European Union, the

Air Navigation Law,

the European Superior Court of Justice (CJEU), the different previous judicial rulings, consumer associations, the Spanish Ministry of Consumer Affairs and the

Montreal Convention

, the international treaty that seeks to protect the rights of passengers in air transport.

Suitcase conveyor belt.SHUTTERSTOCK

All these organizations consider that "

hand luggage

must be considered an essential element of passenger transportation and that its transportation, therefore, cannot be subject to a price supplement, provided that it meets the reasonable requirements regarding its weight and dimensions". This is specified by the

European High Court of Justice

in a ruling corresponding to 2014 that has created jurisprudence for subsequent rulings throughout the European Union.

Even so,

low cost companies

such as

easyJet, Ryanair, Norwegian, Vueling, Wizz Air or Eurowings

maintain that their fares are covered by EC Regulation 1008/2008, which established total liberalization of prices in

the transport sector,

ignoring the entities previously mentioned. In addition, each company establishes its own measurements for hand luggage in order to charge anyone who exceeds them. And

IATA, after consulting Airbus and Boeing

, has already expressed what the official size should be: a maximum of 55x35x20, with wheels, handles and pockets included.

Pay more at the airport

But with many

low-cost airlines

you have no choice but to pay if you do not travel with a piece that goes beyond a large bag or backpack. Up to 58 euros in the case of easyJet if you wait in

line to get on the plane

(

online

it can go down to 42 or 46 euros). Ryanair, for its part, charges 32, while Vueling reaches 75 euros.

The figure multiplies if there is a stopover, as happened in the case of the main couple with whom we started, since they had to pay 58 euros per suitcase on the

flight to Lisbon

and another 58 to get to Funchal. "In Barajas they did not warn me that in Lisbon I would have to

pay another 58 euros

or that if I did it online it would be somewhat cheaper. If I find out, I leave the suitcase there and take a couple of things in a bag of plastic; it is not worth spending

more than 200 extra euros

between round trips, to which we must add the 200 that it already cost me," says Javier.

An Easyjet plane.

This is because the

reservation number of the two flights

are different, despite having been purchased at the same time as a connecting flight on the airline's website. "I looked for Madrid-Funchal, not Madrid-Lisbon and then Lisbon-Funchal," he adds. This is another irregularity that is also contemplated in

European legislation on air transport,

since companies must guarantee assistance during stopovers if the first flight is delayed or cancelled, as long as they are journeys included under the same reservation.

However, by assigning flights with

different reservation numbers,

even if they are from the same company, "they are no longer obliged to do so," says Noemí Rodríguez, manager of the Reclamio.com portal, specialized in complaints to airlines on issues such as such as lost luggage,

flight cancellations or delays

. "In addition, you have to pay double for the suitcase as there are two different flights and not one; it is a trap," points out the board of directors of this website, which in 2023 managed more than

15,000 claims

, which represented a recovery of four million euros. in compensation to travelers.

For all these reasons,

consumer associations

have gone to court motivated by the demands of dissatisfied passengers. In France, easyJet was sentenced to withdraw a total of

23 clauses considered abusive

by the Court of Grand Instance of Paris regarding aspects such as baggage, the charging of extra fares, delays or even schedules.

A Ryanair plane, on the runway.

Spain has not been an exception. In the case of hand luggage in question,

low cost airlines

have had to compensate passengers on several occasions who had to pay to bring their

suitcase on board.

Many of these complaints are promoted by associations such as

Facua (Consumers in Action),

which led the Ministry of Consumer Affairs to open a sanctioning file against four companies, Ryanair, Vueling, Easyjet and Volotea, for charging extra costs for this type of parts. cabin. "We transferred the complaint to Consumer Affairs so that they could impose

large fines,

since otherwise they continue to act the same," explains Rubén Sánchez, general secretary and spokesperson for the entity.

The practice of "splitting services"

In this sense, the ministry highlighted, just a few months ago, that with the practice of "splitting services" when purchasing a ticket, these companies "can offer initial competitive prices in their advertising, since

the supplements come later,

a once the reservation is made. "This allows them to have a privileged SEO positioning in search engines and comparators compared to their competitors, who do include these services in

the price of the ticket

with which they advertise," they point out from Consumption.

Previously, Facua had already promoted the General Directorate of Consumer Affairs of the

Balearic Islands

to open another file against easyJet, Eurowings and Volotea with the idea of ​​sanctioning them with 20,000 euros for an offense classified as serious, "by limiting the right of passengers to

board to the plane cabin

with their hand luggage or ask for higher fares so they can take it with them," according to Félix Alonso, head of the Balearic department. The owner adds that Consumption has carried out a search on the websites of

other companies

to detect similar cases. "The legislation allows the passenger to carry their hand luggage in the cabin without being forced to pay additional amounts for it," he adds.

However, easyJet assures EL MUNDO that, "like many other European airlines", they offer the option of "carrying

large cabin luggage

for a fee", in addition to allowing "all customers to carry a bag that fits under the seat for free." With this, the company considers that "the baggage policy complies with

local regulations

."

On the other hand, the OCU (Organization of Consumers and Users) encourages reporting

this type of practices, considering them "irregularities"

, even if you have to pay at the airport beforehand. "If you don't accept the extra cost, they won't let you board, but you have to report it.

The passenger always has the upper hand

," says Ileana Izverniceanu, spokesperson for the organization.

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