Sections
Highlight
Following complaints lodged by the Seville branch of the independent Spanish consumer watchdog Facua on behalf of 12 members, the consumer affairs office of the regional ministry of health and consumer affairs has opened a disciplinary case against Vueling for levying a surcharge for hand luggage.
It has taken this measure following complaints filed by Facua on behalf of 12 of its members who were met with demands for payment by the airline. As reported by the consumer watchdog, the Junta has put forward the argument that these charges are an abusive practice that breaches Spain's Air Navigation Act, which states that "the carrier shall be obliged to carry free of charge in the cabin, as hand luggage, the objects and packages that the passenger carries" and only provides 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 Spain's Royal Legislative Decree 1/2007 of 16 November includes as unfair terms 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 in the rights and parties deriving from the contract", as well as those that "limit the rights of the consumer and user", that "determine the lack of reciprocity in the contract" and that "are disproportionate in relation to the conclusion and execution of the contract", among others.
For all these reasons, the consumer affairs and service department for Seville within the regional ministry in charge of consumer affairs has opened this disciplinary case against Vueling. The department considers that charging for carrying hand luggage in the cabin is "an abusive clause punishable by a fine", in accordance with Law 13/2003 of 17 December, which covers the 'defence and protection of consumers and users of Andalucía'.
Facua points out that, in order to calculate the amount of the fine, the regional ministry's department must take into account the aggravating circumstance of repetition, since Vueling was firmly sanctioned in 2023 in central government proceedings for the commission of other offences that contravened Andalusian regulations, as well as the fact that it is a company "that operates nationally and internationally" with more than five million passengers (almost 20% of market share) during the period 2022/2023.
In any case, the amount of the fine must have a dissuasive effect, "so that the commission of the offence is not more beneficial to the airline than compliance with the rules infringed", states Facua.
Following the opening of the disciplinary proceedings, it will now be up to the consumer affairs ministerial department in Seville to determine and establish the amount of the fine, initially classified by them as 'serious', although Facua's Seville branch has requested that it be upgraded to 'very serious'.
The opening of these disciplinary proceedings against Vueling by the Junta de Andalucía means another setback for the airline company, which was fined almost 40 million euros by Spain's Ministry of Social Rights, Consumer Affairs and Agenda 2030 for charging for hand luggage and other irregularities. Ryanair was also fined 107.8 million euros, EasyJet 29.1 million euros, Norwegian Airlines 1.6 million euros and Volotea 1.2 million euros.
The European Commission has recently opened a preliminary investigation against Spain for these multi-million fines that total 179 million euros, following a complaint lodged with Brussels by the International Air Transport Association (IATA), the European Regions Airline Association (Era) and Airlines for Europe (A4E).
For his part, Spain's Minister for Social Rights, Consumer Affairs and Agenda 2030, Pablo Bustinduy, has pointed out that the airlines have the right to appeal to the courts and the European Union, while at the same time stating that his obligation is not to be intimidated and to defend the law with "all rigour in defence of consumer rights."
Publicidad
Publicidad
Publicidad
Publicidad
Esta funcionalidad es exclusiva para registrados.
Reporta un error en esta noticia
Comentar es una ventaja exclusiva para registrados
¿Ya eres registrado?
Inicia sesiónNecesitas ser suscriptor para poder votar.