The Spanish government has fined low-cost airlines, such as easyJet and Ryanair, a total of €150 million (£128 million) for their procedures that involve charging passengers more for in-cabin bags.
https://www.theguardian.com/business/article/2024/may/31/spain-fines-budget-airlines-abusive-cabin-bag-seat-charges-easyjet-ryanair
https://www.lbc.co.uk/news/spain-ryanair-easyjet-airlines-fine-baggage-latest-news/
Following an inquiry that began last summer, the carriers, which included EasyJet, were hit with the largest penalty ever given by the Spanish government’s ministry of social rights and consumer affairs.
Here at Lawdit, we found the experience to be wholly arbitary and unfair. In a recent trip to Belfast, our Mr. Coyle witnessed some passengers being ‘caught’ and having to pay an additional fee, whereas others who clearly had a bag that would fail the ‘bag slot’ test bypassed the ‘Easy’ person (albeit in a Swiss Port vest—so these bag checkers don’t even work for Easy) as the Swiss Port person could only deal with one person at a time. While on his return, he witnessed people frantically trying to force their bags into the testing holder while another Swiss port person gleefully got her card machine out.
Could the practice be deemed unfair and contrary to consumer legislation?
Perhaps. If the terms you accepted when you agreed to the terms and conditions infringe the standards of good faith, namely that agreements must be created, negotiated, and executed with customers in an honest and transparent manner,. There could also be an argument that these terms are drafted to the detriment of the consumer, as it results in a major imbalance between the rights of the trader and the provider of the service. The airlines would argue that the process is quite clear and consumers are reminded throughout the website and at the airline as to the baggage requirements, and many flyers seek to avoid putting their bag in the hold and seek to avoid the charges by sneaking through the check-in!
Will the Competition and Markets Authority, in partnership with local Trading Standards Offices, investigate?
Michael Coyle
michael.coyle@lawdit.co.uk
