Travel

Cheap flights to Spain could be a thing of the past following a landmark court ruling that, on the surface, appears to be a win for holidaymakers saddled with hefty baggage charges.

Ryanair has been ordered by a court in Salamanca, Spain, to refund a passenger £124 for hand luggage charges levied by the airline on five flights between 2019 and 2024. Justices decided that the baggage passengers board with is a standard part of flying and therefore should not be subject to additional fees.

However, rather than helping consumers, an aviation expert has warned that this will lead to airlines charging a more expensive "all-inclusive" fare for flyers.

The Spanish court's decision makes it likely that companies operating in the country will include all standard cabin bags within the normal ticket price. Aviation lawyer and consultant at Steele Raymond LLP Solicitors Kevin Bodley said the ruling has "potentially significant" consequences for UK law and airline policy.

The legal ruling is based on a 2014 judgement by the European Court of Justice, the Mail has reported. The court decided that cabin bags are "an indispensable element of passenger transport and that its carriage cannot, therefore, be subject to a price supplement."

However, some airlines have continued to charge for some larger baggage, instead allowing small cabin bags free of charge. These policies could now be challenged following the Salamanca ruling.

Legal challenges to passenger baggage fees could also spill over into English courts, potentially changing airline policies nationwide, the aviation lawyer added.

Kevin Bodley told the Mail: "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."

He also asserted that the ruling was not limited to refunds, but could revise international airline policies regarding travel to Spain.

Mr Bodley 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."

Many passengers have long believed that airlines use strict baggage rules to "maximise revenue" and this decision could "force budget airlines to become more transparent in their marketing and pricing," he added.

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."

In Spain, where the Ministry of Consumer Affairs has taken a hard regulatory stance against budget airlines in recent years, this could open up the possibility of even more refund lawsuits.

The aviation expert explained: "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."

Mr Bodley said the ruling would be a "pivotal moment in the ongoing battle between budget airlines and passenger rights advocates."

He finished his analysis, saying: "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."

However, for the wider European Union, this court ruling is unlikely to cause any immediate legal consequences, due to the laws of EU member states taking priority under the "supremacy principle," within the trading bloc's laws.

A Ryanair spokesperson insisted the company follows Spanish law, saying: "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."


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