The four airlines threatened with a historic sanction from the General Directorate of Consumer Affairs against their commercial practices, with regard to charging for luggage in the cabin or for reserving seats with dependent travelers, are going to go all out in the confidence that their policies comply with European regulations. The low-cost firms Ryanair, Vueling, Easyjet and Volotea, among those that move the most passenger traffic in Spain, could be charged with a fine totaling 150 million euros, but the administrative process is still in the allegations phase and an appeal is possible. through judicial means. With months of battle ahead, the president of the Association of Airlines (ALA), Javier Gándara, has explained that what is foreseeable is that nothing will change in the short term.
“All airlines allow hand luggage to be brought into the cabin that can go under the front seat, and some charge extra for it.” trolley [maleta de pequeñas dimensiones] and others don’t. We believe that it is explained clearly, but we are at the disposal of the Ministry of Consumer Affairs and the associations to improve transparency,” said the representative of the sector in a press conference called urgently this morning in Madrid.
The argument that “nothing will change in the coming months” is based on the fact that “there is no firm resolution.” The companies in the Government’s focus have until mid-June to present an appeal to the Minister of Social Rights and Consumption, Pablo Bustinduy, who, in turn, will have three months to respond to the companies. Once the administrative route has been exhausted, and if an adverse resolution is confirmed, the airlines will not hesitate to go to the National Court in defense of their freedom to set fare policies. In this new path everything would depend on whether or not the magistrate hearing the case accepts precautionary measures that maintain the current situation.
The historic sanction, advanced by the SER, penalizes practices that the General Directorate of Consumer Affairs considers abusive. Consumer organizations such as OCU and Facua have applauded the Ministry’s action, while the airline sector appreciates a frontal attack on Regulation 1008/2008 of the European Parliament and of the Council, by which the aforementioned tariff freedom was established. In fact, President Gándara recalls this morning, the European Commission endorsed in 2013, in response to a parliamentary question, that charging a supplement [por el equipaje en cabina] “It is legal and compatible with community law.” Consumer Affairs and organizations such as OCU recognize that airlines have the right to determine the measurements and weights of hand luggage that can be carried on board, but not to charge an extra amount for that luggage.
Ryanair would be the company that bears the greatest sanction, followed by Vueling and, at a distance, by Easyjet and Volotea. Consumption has avoided offering a breakdown of the figures. The Irish woman was a pioneer in charging for what is known as trolley cabin in 2018, but it is also criticized for imposing a payment of 20 euros for printing the boarding pass at the airport. “The requirement of a disproportionate cost for reprinting the boarding pass represents an abusive practice, as it does not correspond to real costs assumed by the company and generates an imbalance between the rights and obligations of the parties,” the file can be read.
Consumption opened proceedings in June 2023, following a complaint from consumer associations, but the dispute with the airlines goes back more than two years. The policies investigated are the charging of the supplement for the reservation of adjacent seats to accompany minors and dependent people; lack of transparency in pre-contractual information on the final price of the service, which is usually lower in the initial offer; charge a supplement for passengers’ hand luggage, and do not allow cash payment at the airport for these or other additional services.
The president of ALA has dismissed as “disproportionate” both the amount of the sanctions and the possible prohibition of these trade policies in the future. The airline group estimates that 50 million travelers a year from Ryanair, Vueling, Volotea and Easyjet opt for basic fares as they only carry hand luggage on their trips that can be accommodated under the front seat and, therefore, do not pay any fee. “These 50 million travelers, who are between 30% and 40% of the total, are the first to be affected by having to pay for a service that they do not use, but an increase in minimum rates affects the entire travel curve. prices. What companies have done so far is to give consumers freedom of choice,” defended Gándara, who fears that confusion will now spread at the boarding gates of Spanish airports.
“Short-haul airplanes cannot accommodate more than 90 trolleys in the cabin, but there are 180 seats. This means that many suitcases have to be taken down to the hold with the consequent delay in flight departure. In the end, all travelers are affected,” adds Javier Gándara. During his speech he also made it clear that it would be difficult to manage a possible Spanish ban on the pricing of the trolley on flights that depart from abroad and are destined for this country.
ALA is addressing the European Commission, due to alleged interference by the Spanish Government in market regulations, in order for it to take action in this domestic matter, but which affects a good part of mobility in Europe. “Spain and the Government, if the sanctions are confirmed, are turning their backs on the rest of Europe,” the group complains, warning of an impact on the country’s connectivity and the economy.
Airlines are currently working with the European Commission, at the request of the Petitions Committee of the European Parliament, on the standardization of the dimensions and weight that luggage must have to be considered carry-on. Apart from this are trade policies, on which the airline sector demands regulatory harmonization throughout the EU. “Coming with these sanctions, and with a possible unilateral ban in Spain, lacks logic,” said Javier Gándara in defense of the airlines associated with ALA.
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