Woman with multiple sclerosis wins legal battle against low-cost airline in Spain

Yolanda and Aitor should never have had to endure the ordeal of being escorted by the Guardia Civil from the boarding bridge for their flight home from Seville Airport in southerm Spain. They were about to catch their flight home on 5 December 2021 when this couple from Arrasate encountered the Vueling flight captain preventing them from boarding with the motorised scooter that Yolanda uses to get around due to the mobility issues she suffers as a result of multiple sclerosis. The flight captain believed that the vehicle's lithium battery could explode mid-flight, despite the fact that the airline itself had given them the green light to travel with it. "You're not travelling with me in that ,' is what he told us," the couple said. The ensuing argument only served to fuel the "humiliation" they felt in front of the other passengers. Their subsequent complaint to the airline was unsuccessful, so they took their grievance to court. Almost four years later, the courts ruled in their favour and forced the airline to compensate them. "More than the money, winning the case is a joy because it demonstrates the unfair and humiliating treatment we suffered when they left us stranded with our suitcases at the airport", said Yolanda Guijas and Aitor Herrera upon learning of the ruling after the hearing held in September.

The chief judge at Bergara's Court of First Instance No. 4 upheld "in its entirety" the couple's claim for compensation of 1,500 euros plus interest: 211.29 euros for the car hire they had to arrange themselves to return to Arrasate, 256.01 euros for the mileage from Seville, 500 euros for the denial to board both of them, 215 euros for the unused flight tickets and 288.04 euros for moral damages.

The ruling, to which SUR has had access and which cannot be appealed, states that the couple are "undoubtedly" right, as they made sure before embarking on their outbound trip that they could take off with Yolanda's three-wheeler scooter. Through the agency with which they booked the flight, "they informed Vueling of all the wheelchair's specifications to confirm that it could travel" and the low-cost airline gave them the go-ahead. "We sent them photos of the scooter and made all the necessary enquiries to find out if there were any issues."

Despite the company's initial approval, upon arrival at Loiu Airport, they encountered some objections regarding the potential danger of the chair's lithium battery, but were ultimately allowed to fly on condition that the scooter was checked into the aircraft's hold. "They told us that we would be the last to board and the last to disembark, which was fine with us", recalls Aitor Herrera. On the return trip, however, they were met with a refusal from the flight captain and the airline's inflexibility. According to the judge, the airline "is not on record as having taken any steps" to provide the couple with an alternative way to get home. This created an "unpleasant and humiliating" situation, according to Herrera. Despite their attempts to explain to the captain that they had flown out with the same scooter and the same flight crew, "the ugliest and most degrading thing" was when the captain called the Guardia Civil to have them removed from the flight. Their only option was to rent a car and drive the 850 kilometres to Arrasate.

The judge acknowledged that Yolanda's "self-esteem and dignity were directly and clearly damaged" when "the airline denied her boarding at the aircraft door itself, in front of other passengers and airport staff, precisely because of the device she must use due to her condition", since, as a "multiple sclerosis patient, she has mobility limitations".

She further stated in her ruling that Vueling "adopted measures that clearly violated the dignity of the plaintiffs", given that it did not compensate them with the 250 euros for each denied boarding, which, for flights of up to 1,500 kilometres, is mandated by European regulation 261/2004 on passenger rights. Nor did it refund the 215 euros for the actual tickets they were unable to use.

The victory in their legal battle against the Catalan company is "a source of pride and some moral redress for the injustice and farcical situation to which we were subjected", said Herrera, who stresses that they were not seeking financial compensation. In fact, they were only claiming 288 euros for moral damages. "We simply wanted to win to expose the abuses committed with impunity by some airlines."