The Seville consumption service of the Ministry of Health and Consumption has imposed a fine to Ryanair for the collection of a surcharge for traveling with hand luggage, as reported by the Facua consumer association in a statement. This resolution proposal comes days after the opening announcement of another sanctioning file to Vueling for committing these same irregularities.
The association argued in its writings that these charges are an abusive practice that breaches the Air Navigation Law, where it is established that “the carrier will be obliged to transport free of charge, such as hand luggage, the objects and lumps that the traveler Take with it »and only contemplates as an exception” safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft. ”
Similarly, article 82 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, collects as abusive clauses all those «stipulations not negotiated individually and all those practices not expressly unseened that cause, to the detriment of the consumer and user, an important imbalance of the rights and parties that are derived from the contract«, as well as those that “limit the rights of the consumer and User “,” determine the lack of reciprocity in the contract “and” are disproportionate in relation to the improvement and execution of the contract “, among others.
Unlike the Ministry of Consumer, the Seville Consumer Service has not quantified the fine on the basis of the illicit benefit obtained by Ryanair, and has set a sanction proposal of 46,250 euros by qualifying the infractions committed as serious. Facua Sevilla has presented allegations requesting that the infraction to very serious increase, which would raise the amount of the fork to the fork between 60,001 and 1,000,000 euros. The resolution proposal quotes up to 22 judicial sentences in which the illegality of these practices has been determined.
Abusive clause
In this way, this agency recognizes in the resolution proposal that charges for carrying out the hand luggage is an abusive and sanctionable clause with fine, in accordance with Law 13/2003, of December 17, on defense and protection of consumers and users of Andalusia.
In order to graduate the amount of the sanction, the aggravating reiteration circumstance is taken into account. Likewise, the instructor points out that it is not a local company, but “a mercantile that operates nationally and internationally” that operates in 37 countries and that performs more than 3,600 daily flights. It also points out that the amount of the sanction must have deterrent effect, so that the commission of the typified infraction is not more beneficial for the airline than compliance with the rules infringed.
This resolution proposal to Ryanair by the Junta de Andalucía thus adds to the sanction of 107.8 million euros that the Ministry of Social Rights, Consumption and Agenda 2030 has already imposed for the collection of hand luggage and others irregularities
Facua complaints for charging an extra for traveling with the suitcase have resulted in sanctions of 179 million euros against five airlines, according to the association in its statement. In addition to the more than 107 million to Ryanair, the ministry directed practices
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