‘Passengers could see higher fares’ as court forces Ryanair to repay customer’s hand luggage fees

RYANAIR has been ordered to refund a passenger £124, after a court has ruled hand luggage as an essential and should not incur extra fees.
A Spanish court has ruled that hand luggage is an essential part of air travel and ordered Ryanair to refund a passenger after they charged them £124 for their hand luggage, across five flights.
The air traveller will be reimbursed for fees they were made to pay to carry hand luggage, on flights between 2019 and 2024.
The judge expressed that her decision followed a 2014 ruling by a top EU court that stated hand luggage "must, in principle, be considered an indispensable element of passenger transport and that its carriage cannot, therefore, be subject to a price supplement", reports Mail Online.
The passenger's claim was also backed by Spanish consumer rights organisations Facua.
This is the latest in a stream of cases between Spanish lawmakers and low-cost airlines.
In October, Ryanair was also fined and forced to pay the legal fees for two customers who had not foreseen the cost when they bought their tickets.
The passengers, who had paid for four flights with the airline, complained that at check-in the airline charged them an additional €96 (£80.94) for carry-on baggage.
According to the Mail, Spanish lawyer Isaac Guijarro, who represented the passengers, said the ruling was a "huge win for travellers everywhere".
The lawyer used Article 97 of Spain's Air Navigation law for his defence.
The article states that airlines are "obliged to transport not only the passenger, but also, and without charging anything for it, the objects and hand luggage that they carry" with them.
Isaac said: "They can only deny boarding of these items for security reasons, linked to the weight or size of the object, but in this case they were typical cabin suitcases' that did not exceed 55x35x25cm."
He also explained that the airline had ignored previous complaints and requests, leaving his clients with no choice but to go to court.
The court then ruled that Ryanair had shown "recklessness" in forcing the passengers to go to court and that the airline had to also pay the travellers' legal fees.
The position of airlines and Spain's Airline Association (ALA) is that charging for hand luggage is legal because it is enshrined in EU law.
The law states: "Community air carriers and, on the basis of the principle of reciprocity, third country air carriers shall freely determine fares and rates for intra-Community air services."
According to Ryanair's website, the airline's carry on bag policy is that passengers are entitled to a free small bag "which must fit under the seat in front of you" and "can be a handbag, laptop back or backpack".

Lisa Minot, The Sun's head of travel weighs in on the ruling.
THE SPANISH court’s ruling against Ryanair may seem like a cause for celebration but don’t think things will change any time soon for UK passengers.
Lawyers in Spain have been using EU and Spanish laws that enshrine the right to hand-luggage but the quibble comes down to the size of the bag.
Right now, you can take a small under-seat bag on any Ryanair flight for free - as long as it measures no more than 40cm/25cm/20cm. That will cover off a large handbag or small rucksack and technically, if you pack VERY carefully, would be good for a short break.
But anything bigger will incur a fee. The issue in this case was the fact the passenger - and Spanish law - thought a standard hand luggage wheelie case of 55cm/35cm/25cm should be allowed.
Ryanair started charging for hand luggage back in 2018 - like all no-frills, low-cost airlines, their profits come not from the price of the flight but all the extras they charge.
In 2023, Ryanair made 4.2billiion euros through ancillary sales - things like luggage, seat reservations and speedy boarding. That accounted for more than 45per cent of the airline’s total revenue for the year. Compare that to the fact that ancillaries made up just 25per cent of Ryanair’s revenue in 2015 and you can see how those extras really add up to the airline’s profits and bottom line.
But forcing Ryanair to change their pricing will only lead to higher base-line fares across the board for everyone.
Where UK authorities should be focusing their attention is making sure passengers are not confused by the fact every airline seems to have different rules on what can and cannot be included in the basic fare. Even the differences in the luggage sizes deemed acceptable are dizzying.
Standard sizing for a free bag and what is deemed a cabin bag would go a long way towards consumers being able to compare fairly what is and isn’t included in the price they are shown when they first look for flights.
The measurement restrictions are 40cm by 20cm by 25cm.
The website also states that excess baggage will cost £13 per extra kilo, at the airport, call centre or kiosk - whilst easyJet charges £12 per extra kilo and Wizz Air charges £10.96 per extra kilo.
The Sun has contacted Ryanair for comment.
A dad was also left furious after Ryanair charges him £100 for ‘illegal’ baggage rule.
Plus, the best tips for flying with budget airlines from ‘free’ legroom seats to cheap food hacks.
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