The Commercial Court number three of Alicante, based in Elche, has issued a ruling condemning the airlineRyanairto return the charge for luggage, in total 50 euros, to a passenger from Elche whoHe denounced the airline for charging her and three other passengers a fee for transporting hand luggage in the cabin of the plane, something that contravenes the Air Navigation Law. Matilde Flora had paid the 34 euros claimed by the company for four tickets – eight euros for luggage – to fly from Liverpool to Alicante with the suitcase in the cabin after applying the ‘priority’ rate. Upon returning, Matilde claimed the company, which refused to return the amount, so he decided to report Ryanair in court on February 13, 2019. There was a trial and on January 31 the Commercial Court 3 of Alicante, based in Elche, it ruled in favor of the applicant.
A sentence that joins another failed in Madrid for the same reason in October 2019, against which there is no possibility of appeal, and that opens the door for thousands of passengers to claim in court against the company for their baggage policy . “Right now I’mpreparing new demandsbecause I consider that this sentence opens the door to try to Ryanair modify its conditions because the law is clear, “said Matilde Flora, for whom” the company is clear that it is doing it wrong because after trial, before the sentence came out, They called me to tell me they were paying the amount I had claimed. That is why I think that the more people report more force we will have to reverse this unfair situation, “said Matilde.
The sentence that condemns Ryanair to the payment of the amount charged for allowing a suitcase to be carried in the cabin, apart from hand luggage, bases part of its ruling on Article 97 of the Air Navigation Law, which states that “the carrier shall be bound to carry, together with travelers, and within the price of the ticket, luggage with weight limits, regardless of the number of hand and volume packages set by the Regulations.The excess will be of special stipulation.Luggage and carry-on items that the traveler carries with them will not be considered luggage for this purpose“.
The Law establishes that the carrier is obliged to accept in the cabin free of charge, such as carry-on luggage, the objects and packages that the traveler carries with him, including the items purchased at the stores located at the airports. “Only the shipment of these objects and packages may be denied in response to safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft.”
The ruling also recalls another ruling of the Superior Court of Justice of theEuropean Union, that on September 18, 2014, in a dispute that affected the Spanish company Vueling, a distinction was made between checked luggage – traveling in the hold of the plane – and unchecked luggage or hand luggage (indispensable for the passenger). The court determined not justified the fact that if the ticket has not been purchased under a specific fee, that supplement must be paid for hand luggage, or consent to go in the hold. One of small dimensions can go under the seat.
This is thesecond sentence against Ryanair’s baggage policy, after a similar one last October in which a Madrid court convicted the Irish airline for charging a supplement for carrying the suitcase. The airline had to return 20 euros, plus the interest of delay, to a passenger who was forced to pay that amount as an additional supplement to the amount of a flight, for carrying a suitcase of ten kilos and not having acquired a fare ticket ‘ priority ‘, the only one that allows the passenger, according to the company, to transport in the cabin two packages, one of small dimensions and another consisting of an additional suitcase of superior dimensions and a maximum weight of ten kilos.
The company claims that it is an isolated case
Ryanair said, on the other hand, that it is an isolated case and considers that it does not contravene its baggage policy. “The sentence will not affect Ryanair’s baggage policy, it refers to a specific case in Spain.The luggage policy is transparentand useful for consumers. Until five years ago, Ryanair only allowed to carry a handbag. However, now, according to the company, up to 50% of customers can carry two free handbags «with the possibility of priority boarding that we offer”. Passengers who do not select the priority rate “can carry a handbag small free, whose size we have increased by more than 40%, that is, from 35 x 20 x 20 centimeters to 40 x 20 x 25 centimeters. “
In this sense, Matilde Flora, stressed that “twenty, fifty eurosthey are not exorbitant quantitiesbut if we multiply that cost for all the passengers who pay it without having to do so, the amount would be very high, hence I hope that the ruling will be useful for other travelers who have lived my case or, also, for consumer organizers, “said Matilde Flora, plaintiff who has seen her right recognized by Justice.