Ryanair passenger refunded after court rules hand luggage is ESSENTIAL and airline cannot charge extra
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The decision represents the latest development in an ongoing dispute between Spanish authorities and budget airlines
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Ryanair has been ordered to refund a passenger £124 after charging them for hand luggage, which a Spanish court ruled to be an essential part of air travel.
The ruling from a Salamanca court determined that the passenger's bags should not have incurred additional fees.
This decision represents the latest development in an ongoing dispute between Spanish authorities and budget airlines.
The air traveller will be reimbursed for hand luggage costs charged on five flights between 2019 and 2024.
Ryanair has been ordered to refund a passenger £124 after charging them for hand luggage, which a Spanish court ruled to be an essential part of air travel
PAThe judge based her decision on a 2014 ruling by a top EU court which stated that 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."
The passenger's claim was backed by Spanish consumer rights organisation Facua, which has helped to secure a number of legal victories for clients in recent months.
This case adds to a series of successful challenges against budget airlines' baggage fee policies.
Facua has been instrumental in supporting passengers seeking refunds for what Spanish courts have repeatedly deemed essential travel items.
In October, Ryanair was fined and ordered to pay legal fees for two customers who had not anticipated additional costs when purchasing their tickets.
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The passengers had complained after being charged an extra €96 for carry-on baggage at check-in.
Spanish lawyer Isaac Guijarro, who represented these passengers, called the ruling a "huge win for travellers everywhere."
He added: "It shows Ryanair can't get away with treating passengers like walking ATMs."
Guijarro's defence relied on Article 97 of Spain's Air Navigation law, which stipulates 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.
The lawyer explained airlines can only refuse items for security reasons related to weight or size.
In this case, he noted they were "typical cabin suitcases" that met size requirements.
The air traveller will be reimbursed for hand luggage costs charged on five flights between 2019 and 2024
PA IMAGESGuijarro said the airline had ignored previous complaints, forcing his clients to pursue legal action "aware of the discouragement that usually overwhelms most passengers."
In 2019, a Spanish court ruled that Ryanair's policy of charging for hand luggage was "abusive" and should no longer be applied in Spain.
Despite this ruling, the carrier, which introduced the policy in 2018, refused to change its rules.
While judges have repeatedly ruled against airlines over the years, few people have taken them to court due to high legal costs and lengthy processes.
The airlines and Spain's Airline Association maintain that charging for hand luggage is legal under EU law.
They cite regulations stating that carriers "shall freely determine fares and rates for intra-Community air services".
Aviation experts advise that to comply with baggage restrictions without incurring extra charges, travellers should carry only one small bag no larger than 33x25x15cm.
This guidance applies across all major carriers operating in Europe.
A spokesman for Ryanair said: "Ryanair allows each passenger to carry a generous (40 x 25 x 20 cm) personal bag on board as part of the basic air fare, with the option to add extra bags for an optional fee should they so wish.
"This policy promotes both low fares and consumer choice, and is fully compliant with EU law, as upheld by several recent Spanish court rulings, including in Coruña, Segovia, Ontinyent, Seville, and Madrid."