Spain opens case against 'low-cost' airline hand luggage charges

After several weeks of investigation, Spain's Ministry of Consumer Affairs has opened proceedings against several 'low-cost' airlines operating in Spain for charging hand luggage transported in the cabin. The department headed by Alberto Garzón has not made public the list of the companies affected but it previously indicated that they have a market share of more than 30%.

The consumer association Facua said that complaints had been filed for these practices against Ryanair, Vueling, easyJet, Volotea and Eurowings. Of these, Eurowings would not be among those now being prosecuted, the association said on Thursday 3 July.

In addition to irregular charges for hand luggage (which generally has a maximum size of 40cm x 30cm x 15cm, plus a personal accessory such as a handbag), the Ministry of Consumer Affairs is also taking action against the extra charges that these airlines sometimes apply to services that are traditionally included in the ticket price, such as reserving the seat next to another passenger in the case of dependants.

"Through this practice of unbundling services and charging passengers a supplement for them, these companies offer very competitive prices in their advertising," the Ministry said. In these cases, the price initially advertised does not correspond to the price that the consumer ends up paying. This, in turn, allows these airlines to have a "privileged" position in online search engines compared to other competitors, which do include this type of service in their initial price.

The Airline Association (ALA) has been quick to react to the opening of these proceedings, which also affect other practices such as not allowing cash payment at the airport for additional services. The employers' association argues that all these commercial strategies "are perfectly legal" and are covered by a European regulation which establishes the freedom to set fares. "The traveller is always aware of the price of the flight they have selected from the beginning, and can choose the services they need and end up paying for the ones they need," ALA said.

The unease in the sector is palpable as the fines range from 10,001 to 100,000 euros for serious infringements, and up to one million euros for very serious ones. If the profit obtained from these practices exceeds these amounts, the fines can reach up to eight times that profit in the case of very serious offences.

The proceedings follow an investigation opened following a first complaint by Facua in October 2021 against Vueling's hand luggage charges. Previously, in 2018, the association had brought a complaint against Ryanair and Wizzair before the State Agency for Aviation Safety and Competition.

Facua said that the infringements are in breach of the 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 with him". The only exceptions are 'safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft'.