The recent announcement by the Ministry of Social Rights and Consumer Affairs to impose a historic fine of 150 million euros on the airlines Ryanair, Vueling, easyJet and Volotea has reignited the debate on additional charges for hand luggage and adjacent seat reservations. These practices, considered abusive by organizations such as FACUA and the Organization of Consumers and Users (OCU), have been denounced as contrary to current regulations, while the airlines defend their legality. The Air Navigation Act of 1960 establishes that hand luggage must be included in the ticket price, as long as it complies with the weight and size limits established by the airlines. However, airlines argue that EC Regulation 1008/2008 gives them the freedom to set fares, including additional charges. Consumers have at their disposal several legal tools to file complaints in case of undue charges. Associations such as FACUA have reminded that the time limit for claims is five years and that it is essential to keep flight documentation, such as tickets and receipts, to support complaints. The controversy is aggravated by the fact that the European Parliament has pointed out the need to unify criteria throughout the European Union on hand luggage, as the lack of uniform regulation generates confusion and hidden fees. In a recent resolution, the European Parliament asked the European Commission to review the regulations to guarantee passengers’ rights.
The role of prior rulings
Madrid Commercial Court No. 1 ruled in 2022 against the imposition of fees for carry-on baggage, describing them as abusive. Likewise, the Court of Justice of the European Union had already ruled in 2014 that this type of baggage is an indispensable element of transportation and should not generate additional costs if it complies with security requirements. Despite these rulings, the airlines affected by the recent fine have announced that they will appeal the sanction and will continue to apply their business models until there is a final resolution.
How to make a complaint to AESA?
The Aviation Safety State Agency (AESA) offers a procedure for passengers to file complaints in cases of improper charges or abusive practices by airlines. The process begins with filing a complaint directly with the airline, which must respond within a maximum period of one month. If the passenger does not get a response or is not satisfied with the resolution, he/she can go to AESA providing the corresponding documentation, such as the ticket, boarding pass and any related receipts. AESA will evaluate the case and, although its resolution is not binding for the passenger, it is binding for the airline. This agency acts as an intermediary that seeks to guarantee the rights of air transport users. In addition, it is possible to process these claims through the consumer authorities of each autonomous community or resort to associations such as FACUA or the OCU, which offer advice and support during the process.
