The supplement charged by Ryanair to travelers with a bag and suitcase is declared null
In the sentence known this Wednesday, the magistrate requires the airline to remove this clause from the contracts, which must be "banished", and the sentence to return the 20 euros that it charged to a traveler who was carrying, in addition to her bag, a small suitcase that could be "perfectly transported in the cabin." The judge partially meets the consumer's demand and asks that a distinction be made between the "simple small bag" that cannot be considered a package, since "it can be perfectly located in the lower part of the front seat", and the "suitcases or backpacks inside which you carry your clothes and other objects".
The incident occurred on January 25, on a Madrid-Brussels flight operated by the airline; as stated in the account of events, "after verifying the ground crew that his plane ticket did not correspond to the priority rate", which allows two pieces of luggage to be brought on board -one of small dimensions and an additional suitcase of a maximum of 10 kilos -, forced the passenger to pay 20 euros for extra hand luggage.
As the head of the court now maintains, such conduct "is not covered" by the community rule that allows airlines to freely set the rates for their services, that is, the amount that the company is going to charge for transportation as well as its terms.
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However, it does not grant compensation of an additional 10 euros for non-pecuniary damage, because although there is no "doubt" that the plaintiff suffered "rage and impotence at having to assume a cost that was not initially foreseen and seeing that the suitcase he wanted to take with him in the cabin" he was going to the hold, "that discomfort" is not enough to be compensated. The sentence, issued a few weeks ago, is now final as none of the parties have appealed to the Provincial Court of Madrid.
will not serve the sentence
According to the airline, the sentence "refers to a specific case that has misinterpreted our commercial freedom to determine the size of cabin luggage on board our aircraft." The airline has assured this Wednesday that its baggage policy will not be affected "neither in the past nor in future cases."