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04-08-2023, 08:32 PM
Noticias:
Fines of up to one million euros to airlines that charge for hand luggage.
Ryanair, EasyJet and Vueling, face these fines to be issued for consumption for this effect.
The Ministry of Consumer Affairs has initiated the first disciplinary proceedings against several low-cost airlines for charging extra costs for transporting hand luggage in the cabin. According to Facua-Consumers in Action, among the companies sanctioned are Ryanair, Vueling, EasyJet and Volotea, which could receive fines of up to one million euros and up to eight times the illicit benefit obtained – if this is greater than one million euros. The ministry led by Alberto Garzón opened an investigation at the beginning of last June to seven companies for exercising this type of illegal practices, of which at least four have now been known, Tourinews advances.
In this way, the General Directorate of Consumer Affairs has also issued a complaint to airlines for making extra charges for other services that were traditionally included in the price of the ticket, such as the reservation of the adjacent seat in the case of minors or dependents; and for not allowing payments in cash, but through a bank card.
From Consumo argue that through this practice of "splitting" services traditionally included in the price of the ticket and charging the passenger a supplement for them, these companies offer in their advertising "very competitive" prices. This allows them to have a "privileged" SEO positioning in search engines and comparators with respect to competitors that do include these services in the price of the ticket that is advertised in the comparator. "However, this price initially offered in advertising does not correspond in most cases, as a result of these practices, with the price that the consumer finally ends up paying," denounces the Ministry in a statement.
The sanctions provided for these infractions can be considered by Consumption as "serious or very serious", and sanctioned with fines of between 10,001 and 100,000 euros, in the case of serious ones, and between 100,001 and 1,000,000 euros, in the case of very serious ones. In addition, if the unlawful benefit obtained from the infringing practices exceeded those amounts, the penalties could reach up to four to six times that benefit for serious infringements and between six and eight times for very serious infringements.
Repeatedly reported
From Facua they celebrate the announcement of Consumption and emphasize that they have been denouncing this type of illicit practices for five years. The Spanish NGO filed the first complaint with the Ministry for the collection of hand luggage in October 2021, specifically against Vueling. Previously, in 2018, it had already denounced Ryanair and Wizz Air before the State Aviation Safety Agency (AESA) and the National Commission of Markets and Competition (CNMC) for this reason, "without either of the two agencies communicating any type of action in this regard".
The association in defense of consumer rights has also been denouncing these irregularities for five years before different regional consumer authorities. One of them is the General Directorate of Consumer Affairs of the Government of the Balearic Islands. In Facua remember that, recently, this body has been inhibited in favor of the Ministry of Consumer Affairs to open disciplinary proceedings against airlines, so that the amount of the fine is weighted by the illicit benefits obtained at the national level.
In March 2021, the Balearic Islands decided to open disciplinary proceedings against Ryanair for these practices. In April 2022, he opened another one for Vueling after another complaint from the NGO. Subsequently, it also issued a file with EasyJet and Volotea, but this year it has decided to file all these disciplinary proceedings so that it is the Ministry that fines, since, thanks to the modification of the General Law for the Defense of Consumers and Users (LGDCU), since May 2022 it has sanctioning power for these matters.
What does the law say?
As Facua recalls, with respect to the transport of hand luggage inside the cabin of the aircraft, the Air Navigation Law establishes 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". Thus, the text only contemplates as exceptions "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, which approves the revised text of the LGDCU, includes as unfair clauses all those "stipulations not individually negotiated and all those practices not expressly consented to that cause, to the detriment of the consumer and user, a significant imbalance of the rights and parties arising 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 completion and execution of the contract", among others.
Fines of up to one million euros to airlines that charge for hand luggage.
Ryanair, EasyJet and Vueling, face these fines to be issued for consumption for this effect.
The Ministry of Consumer Affairs has initiated the first disciplinary proceedings against several low-cost airlines for charging extra costs for transporting hand luggage in the cabin. According to Facua-Consumers in Action, among the companies sanctioned are Ryanair, Vueling, EasyJet and Volotea, which could receive fines of up to one million euros and up to eight times the illicit benefit obtained – if this is greater than one million euros. The ministry led by Alberto Garzón opened an investigation at the beginning of last June to seven companies for exercising this type of illegal practices, of which at least four have now been known, Tourinews advances.
In this way, the General Directorate of Consumer Affairs has also issued a complaint to airlines for making extra charges for other services that were traditionally included in the price of the ticket, such as the reservation of the adjacent seat in the case of minors or dependents; and for not allowing payments in cash, but through a bank card.
From Consumo argue that through this practice of "splitting" services traditionally included in the price of the ticket and charging the passenger a supplement for them, these companies offer in their advertising "very competitive" prices. This allows them to have a "privileged" SEO positioning in search engines and comparators with respect to competitors that do include these services in the price of the ticket that is advertised in the comparator. "However, this price initially offered in advertising does not correspond in most cases, as a result of these practices, with the price that the consumer finally ends up paying," denounces the Ministry in a statement.
The sanctions provided for these infractions can be considered by Consumption as "serious or very serious", and sanctioned with fines of between 10,001 and 100,000 euros, in the case of serious ones, and between 100,001 and 1,000,000 euros, in the case of very serious ones. In addition, if the unlawful benefit obtained from the infringing practices exceeded those amounts, the penalties could reach up to four to six times that benefit for serious infringements and between six and eight times for very serious infringements.
Repeatedly reported
From Facua they celebrate the announcement of Consumption and emphasize that they have been denouncing this type of illicit practices for five years. The Spanish NGO filed the first complaint with the Ministry for the collection of hand luggage in October 2021, specifically against Vueling. Previously, in 2018, it had already denounced Ryanair and Wizz Air before the State Aviation Safety Agency (AESA) and the National Commission of Markets and Competition (CNMC) for this reason, "without either of the two agencies communicating any type of action in this regard".
The association in defense of consumer rights has also been denouncing these irregularities for five years before different regional consumer authorities. One of them is the General Directorate of Consumer Affairs of the Government of the Balearic Islands. In Facua remember that, recently, this body has been inhibited in favor of the Ministry of Consumer Affairs to open disciplinary proceedings against airlines, so that the amount of the fine is weighted by the illicit benefits obtained at the national level.
In March 2021, the Balearic Islands decided to open disciplinary proceedings against Ryanair for these practices. In April 2022, he opened another one for Vueling after another complaint from the NGO. Subsequently, it also issued a file with EasyJet and Volotea, but this year it has decided to file all these disciplinary proceedings so that it is the Ministry that fines, since, thanks to the modification of the General Law for the Defense of Consumers and Users (LGDCU), since May 2022 it has sanctioning power for these matters.
What does the law say?
As Facua recalls, with respect to the transport of hand luggage inside the cabin of the aircraft, the Air Navigation Law establishes 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". Thus, the text only contemplates as exceptions "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, which approves the revised text of the LGDCU, includes as unfair clauses all those "stipulations not individually negotiated and all those practices not expressly consented to that cause, to the detriment of the consumer and user, a significant imbalance of the rights and parties arising 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 completion and execution of the contract", among others.
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