Ryanair, trying to collect uncollectibles
Ryanair is determined to make money on absolutely everything. His última occurrence is á clearly aimed at charging cabin baggage to all its passengers. The problem is not the «illegal&quo;occurrences», but whoé n allows it.
Ryanair announced a new cabin baggage policy to apply from 1 November next, to all passengers booked from 1 September, charging customers between 8 and 10 euros - UK pounds sterling - for hand luggage up to 10kg. Impressive what they come up with! I recap hereí the information after spending a few hours collecting data:
1) I copy and quote verbatim the Aérea Navigation Law in force: The carrier shall be obliged to transport free of charge in the cabin as hand luggage, objects and packages that the passenger carries with him. Exceptions to this regulation are those related to safety, linked to the weight or size of the object in relation to the characteristics of the aircraft.
2) FACUA-Consumidores en Acción has proceeded to file a complaint before the AESA (Agencia Estatal de Seguridad Aérea) stating that they are trying to apply an abusive clause with respect to what they are trying to apply;usula abusive with respect to what I indicate in point 1 and, in addition, they intend to do so retroactively to passengers who already have a reservation with the airline.
Said this, I also see that the General Law for the Defense of Consumers and Users collects as unfair terms all those «stipulations not individually negotiated and all those practices not expressly consented that cause, to the detriment of the consumer and user, a significant imbalance of the rights and parties arising from the contract».
The Minister of Public Works, D. José Luis Ávalos, has published through twitter a meeting with the Irish low cost airline that, in my humble opinion and with my years of experience, spends the money and time of that ministry in something that is clear and easy to warn with a simple burofax. This issue that aims to economically record the passengers for something that is already regulated, both at European level and in our national legislation, is something that only the ministry should ensure compliance… but meet, ¿ for whaté?
4) Ryanair announcedó this surcharge for cabin baggage with application from 1 November next, to all passengers booked from 1 September. It is a clear abuse of position of the low cost company to try to charge retroactively this illegal charge. Article 60 of the applicable regulations states: «before contracting, the entrepreneur shall make available to the consumer and user in a clear, understandable and adapted to the circumstances relevant, truthful and sufficient information on the essential characteristics of the contract, in particular its legal and economic conditions, and the goods or services subject thereof». CRISTALINO and MERIDIANO.
5) I review and read the General Law for the Defense of Consumers and Users and I find a paragraph that continues to make me light with respect to what we should consider abusive clauses: «stipulations not individually negotiated and all those practices not expressly consented to that cause, to the detriment of the consumer and user, a significant imbalance of the rights and parties arising from the contract».
My conclusions are clear: IT IS ILLEGAL. ¿Why do we need to meet with them? Are we looking to change the legislation to make more money for Ryanair and also for the governmental bodies in passing? Why are the low cost airlines not investigated to see if they are really complying with all the safety regulations and legislation as the conventional airlines are obliged to do?
Why not?