Latest news with #Facua
Daily Mail
19-05-2025
- Business
- Daily Mail
EXCLUSIVE What Ryanair hand luggage court ruling could mean for UK passengers, according to aviation legal expert... and will it lead to pricier air fares?
Ryanair being told to refund a passenger £124 over hand luggage charges could see budget airlines charge a pricier 'all inclusive' fare, an aviation legal expert warned today. A landmark court ruling in Salamanca, Spain, earlier this month decided that hand luggage is an essential part of air travel and should not be subject to extra fees. The passenger involved in the case will be reimbursed £124 (€147) for hand luggage costs charged on five flights between 2019 and 2024 following the judgment. Kevin Bodley, a consultant at Steele Raymond LLP Solicitors, which specialises in aviation law, said the decision has 'potentially significant implications' for English law and air travel policy. He added that the ruling raises the likelihood that airlines in Spain will be forced to change policies to allow all standard sized cabin bags within a standard fare. This could also lead to challenges on the legality of similar fees levied by other airlines, some of whom allow a free small personal bag but charge for larger bags. The Spanish judgment was based on a decision by the European Court of Justice in 2014 in which it was said hand luggage is '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, in the latest case during a long-running battle against budget airlines. The group has now won five rulings in recent months relating to hand luggage, against Ryanair and Vueling. Facua has relied on article 97 of Spain's Air Navigation law which 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. What is Ryanair's existing bag policy? All passenger fare types include a small personal bag, which must fit under the seat in front of you. This can be a handbag, laptop bag or backpack, and must measure 40x20x25cm. For those requiring additional baggage allowance, there are further options. You can buy a cabin baggage allowance, allowing you to take a case weighing up 10kg on board with you which must be stored in the overhead locker and measure 55x40x20cm. The price for this is £6 to £36 at the time of booking, or £20 to £60 post-booking or at the airport. You can also buy checked baggage with a maximum of 10kg or 20kg. This must be dropped at the airport check-in desk before security. The 10kg price is £9.49 to £44.99 at the time of booking, or £23.99 to £44.99 post-booking or at the airport. The 20kg bag cost is £18.99 to £59.99 at the time of booking, or £39.99 to£59.99 at the airport. Customers who bring an oversized bag (over 55x40x20cm) to the gate must check it in upon payment of a fee of £70-£75. Mr Bodley believes the rulings could now encourage passengers to challenge similar fees in English courts, potentially leading to a change in the law or airline policies and terms of carriage. He told MailOnline: 'The core issue is whether airlines can justify imposing extra charges for basic passenger entitlements in an attempt to lower headline fares which consumers argue are traditionally included in the ticket price. 'The emphasis in Spain at least appears to be protecting passengers from less transparent additional pricing structures that can lead to unexpected costs.' Mr Bodley said the implications of the rulings were 'not limited to individual refunds' and could 'force airlines to revise their entire pricing strategies, particularly when flying to or from Spain'. He added: 'For budget airlines, which often rely on unbundled pricing models where most service elements carry additional costs, this represents a significant regulatory challenge to carriers' practices. 'The issues are financially significant and crucial to their business and are unlikely to be surrendered without a fight.' Consumer groups believe airlines are trying to 'maximise revenue at the expense of clarity and fairness', Mr Bodley said, adding that the decisions 'could force budget airlines to become more transparent in their marketing and pricing'. He also said: 'As more passengers become aware of their rights and are willing to challenge questionable charges, airlines may need to reassess what services are considered 'optional' versus those that are part of the basic travel experience.' Mr Bodley said Spain's Ministry of Consumer Affairs has spent years ramping up oversight of airline pricing practices, particularly among budget operators. And he added: 'For passengers, these rulings help to create a clearer understanding of passenger rights and possibly a judicial trend. 'Those who have been historically paid similar extra charges may now be encouraged to demand reimbursements or take legal action. The jurisprudence of the Spanish courts suggest a willingness to look favourably on such claims. 'Airlines operating in or out of Spain may now be forced to adopt clearer charge structures and more consumer-friendly policies, or further legal repercussions and reputational damage.' Mr Bodley described the latest ruling as a 'pivotal moment in the ongoing battle between budget airlines and passenger rights advocates'. He concluded: 'By confirming that hand luggage is an essential component of air travel and should not incur extra charges, the court has delivered a clear message against hidden airline fees. 'This verdict not only benefits the individual passenger but also sets a legal precedent forcing airlines to alter pricing structures throughout Spain and potentially influence broader European air travel policies.' While the Spanish judgment does not directly apply in English law and is not binding in the UK, he believes it could 'influence legal reasoning and consumer rights discussions in the UK and may be regarded by the courts as being of 'persuasive authority' as justification for applying it'. Mr Bodley said: 'The consequences of the decision, and any future litigation or regulation, could result on changes in airline terms of carriage. 'If so, this may also lead to increasing passenger charges if a single 'all inclusive' fare price is mandated. Perhaps that might also create a 'fare wars' from which consumers might benefit.' However, the decision itself may also be open to challenge by the airlines. Although the ruling claims to be based on the 2014 decision of the European Court of Justice, there is a counter-argument claiming it actually breaches that decision and ignores the 'supremacy principle' of EU law. This principle is that when the domestic law of a member state conflicts with EU law, it is EU law that takes priority. If that was to be the case, the latest ruling would be unlawful and of no effect. As for Ryanair, the airline has insisted its policy is legal in Spain and has pointed to various different rulings at courts in the country that it says have confirmed this. A Ryanair spokesperson said: 'Ryanair allows each passenger to carry a generous (40x25x20cm) 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.' Other airlines and Spain's Airline Association also believe that charging for hand luggage is legal under EU law. The law states that: 'Community air carriers and, on the basis of reciprocity, air carriers of third countries shall freely set air fares and air rates for intra-community air services.' Separately, Ryanair said today that it had seen annual earnings tumble 16 per cent after slashing air fares to help boost demand, but revealed prices are to rise as it seeks to return to growth. The budget carrier reported pre-tax profits of €1.78billion (£1.5billion) for the year to March 31, down from €2.13billion (£1.79billion) after average fares fell 7 per cent. Profits after tax were also 16 per cent lower at €1.61billion (£1.35billion). Passenger numbers grew 9 per cent to 200.2million in the year, but the group said it expects growth of just 3 per cent in 2025-26 due to delayed deliveries of Boeing aircraft.
Yahoo
18-05-2025
- Yahoo
Ryanair ordered to make hand luggage change in 'huge win for passengers'
Ryanair has been ordered to refund a passenger £124 after a court ruled hand luggage is essential and should not incur extra fees. The passenger will be reimbursed for hand luggage costs charged on five flights between 2019 and 2024 following the judgement at a Salamanca court that their bags should not have incurred additional fees. The judge based her decision on a 2014 decision by a top European Union 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. Spanish lawyer Isaac Guijarro, who represented passengers, said of the ruling at the time that it was a 'huge win for travellers everywhere.' READ MORE: HMRC issues warning to 'everyone' in a UK household over five-minute form READ MORE: Aldi issues important statement over food safety concerns READ MORE Met Office warns drastic UK weather shift is coming 'if you were wondering' Guijarro said: "It shows Ryanair can't get away with treating passengers like walking ATMs." Article 97 of Spain's Air Navigation law explains 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. "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 explained. One passenger reacted on social media: "Good. Ryanair destroyed UK local airline Flybe during Covid when our then government refused to support Flybe because Ryanair complained. Ryanair is a horrid airline in every sense. I will never fly with them." A second said: "I can never forgive Ryanair who abandoned its passengers in Gran canaria when the Icelandic volcano erupted 2010. No help, nothing just smirks from staff. It took a court case to get our money back." "Easy to get round the charge at check-in and then cancel the transaction at the lounge just before you about to board the flight., you might have to to phone your bank if you don't have an online account by the way," another said. Another typed: "That's exactly what I did, and they didn't have any bands for the bag and therefore couldn't give me a receipt, I politely said I'll wait, and the plane missed its take off window, and I know the costs of that, the juice in my case, wasn't worth the squeezing for them."
Metro
15-05-2025
- Business
- Metro
Ryanair told to refund person £124 after court rules hand luggage is essential
A Ryanair passenger has been awarded £124 after a court ruled the airline should not have charged them for carry-on luggage. The court in Salamanca, Spain, found that carry-on luggage is an essential part of travel and the passenger should not have incurred additional charges. They will be reimbursed for hand luggage costs charged on five flights between 2019 and 2024. This ruling from judge Raquel Martínez Marco was based on a decision made in 2014 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'. Spanish consumer rights organisation Facua also backed the passenger's claim. This ruling is just one part of an ongoing battle between budget airlines and the Spanish authorities. Facua has won five rulings in recent months over carry-on luggage, not just with Ryanair, but against low-cost airline Vueling as well. Two Ryanair passengers were refunded in October and the airline was ordered to pay legal fees. This case found the passengers did not anticipate additional costs of 96 euros for carry-on baggage at check-in. They were represented by lawyer Isaac Guijarro who said it was a 'huge win for travellers everywhere.' He used a defence on Article 97 of Spain's Air Navigation law which says 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. Mr Guijarro argued airlines can refuse items based on weight for security reasons. It was found during this case that the hand luggage met the right size requirements. 'It shows Ryanair can't get away with treating passengers like walking ATMs,' he said. This all comes after a 2019 ruling in Spain that said Ryanair's policy of charging for hand luggage was 'abusive' and should no longer be applied in Spain. More Trending But Ryanair did not change its rules and continues to charge passengers extra money for more hand luggage. In relation to the latest case, a Ryanair spokesperson said: 'Ryanair allows each passenger to carry a generous (40 x 25 x 20 cm) personal bag on board free as part of its 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.' Get in touch with our news team by emailing us at webnews@ For more stories like this, check our news page. MORE: Ryanair beware, a new UK airline has just taken off MORE: 'What more could you want?' Your favourite European beaches that aren't full of tourists MORE: M25 closed in rush hour after lorry crashes and overturns
The Sun
15-05-2025
- Business
- The Sun
‘A game changer for Ryanair passengers' as court forces budget airline to repay passenger'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. 2 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". What does the ruling mean for British travellers? 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. 2
Daily Mail
15-05-2025
- Business
- Daily Mail
Ryanair is ordered to refund passenger £124 after court rules hand luggage is essential and should not incur extra fees
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 air traveller will be reimbursed for hand luggage costs charged on five flights between 2019 and 2024 following the judgement at a Salamanca court that their bags should not have incurred additional fees. The judge based her decision on a 2014 decision 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. It is just the latest case in a long-running battle between Spanish lawmakers and no-frills airlines, which transport millions of Brits to sunny holiday destinations in the country every year. In October, Ryanair was fined and ordered 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 carrier, complained that at check-in the airline charged them an additional €96 for 'carry-on baggage.' Spanish lawyer Isaac Guijarro, who represented passengers, said of the ruling at the time that it was a 'huge win for travellers everywhere.' Guijarro said: 'It shows Ryanair can't get away with treating passengers like walking ATMs.' His defence of the passenger 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. '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 explained. He said the airline had ignored previous complaints and requests, leaving his clients with no choice but to go to court, 'aware of the discouragement that usually overwhelms most passengers.' The court ruled that the airline had shown 'recklessness' in forcing the plaintiffs to go to court, and ordered that it also pay their legal fees. In 2019, a Spanish court ruled that Ryanair's policy of charging a fee for hand luggage was 'abusive' and that it should no longer be levied in the country. But the carrier, which brought in the policy in 2018 and raked in millions of pounds by charging extra in its first year, refused to change its rules. While judges have repeatedly ruled against airlines over the years, very few people have taken them to court, usually because of high legal costs and lengthy processes. 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. This states that: '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'. Aviation experts advise travellers that the only way to ensure they comply with the baggage restrictions imposed by all of the main carriers - without incurring an extra charge - is to have one small bag no bigger than 33x25x15cm.
