As a consequence of this new twist in the protection of consumer rightsmany passengers wonder if they can claim charges for hand luggage. If you are one of them, this is all you need to know.
Legislation on hand luggage
In order to understand the situation we find ourselves in, it is necessary to know what the current legislation. And article 97 of the Air Navigation Law determines that the carrier is obliged to transport together with the travelers, and within the price of the ticket, luggage with the weight limits, regardless of the number of packages, and volume established by the Regulations..
Furthermore, hand luggage that the traveler carries with them will not be considered luggage, which is why the same article adds: The carrier will be obliged to transport free of charge in the cabinas hand luggage, objects and packages that the traveler carries with them, including items purchased in stores located at airports.
Suitcase size
Based on current legislation, since 2018, the airlines establish in their regulations the measures and luggage dimensions so it can be considered hand-held and you don’t have to pay for it. For this reason, each airline specifies different sizes. That is where they base their decision to make you pay or not.
The formula to generalize the charge of many of these companies is to set very small limits so that luggage is not considered carry-on or cabin luggage. For this reason, the IATA (International Air Transport Association) recommended in 2015 some standard measurements for cabin suitcases of 55x35x20 centimeters, depending on the size of the aircraft cabin space. These measures are within the limits of most companies and none of them should charge you if your suitcase is that way. In any case, the size of your suitcase You will have to comply with the rules established by the corresponding airline.
Some such as Brussels Airlines, Lufthansa, Norwegian and Turkish Airlines allow carry-on luggage with a maximum size of 55x40x23 centimeters; others like TAP, Ryanair and Vueling, 55x40x20 centimeters; and some like Air Europa and Air France, 55x35x25 centimeters. In the case of Iberia, the measurements of the carry-on suitcase are established at 56x40x25 centimeters and also allow you to board the plane with a piece of luggage that does not exceed 40x30x15 centimeters, regardless of whether it is a briefcase, a backpack or a bag.
Claim payment for hand luggage
For practical purposes, hand luggage is included in your air ticket as long as it conforms to the weight and measurements stipulated by the airline. In this way, you can complain every time they charge you unduly for it or make you pay an additional amount.
The claim You must do it after the flight. You will have to contact the airline by email or through its website providing documentation that proves what you are claiming: boarding pass, reservation and tickets. Afterwards, you must file a complaint either with the consumer authority of your autonomous community or with the European Consumer Center in Spain.
The last option if you cannot get your claim attended to is sue the company before the courts. For this process, neither a lawyer nor a solicitor is required, as the amounts claimed are less than €2,000.
Consumer associations
The deadline for claim undue payment for hand luggage and other abusive charges by airlines is five years in any case. However, if that deadline has passed, you can still continue to claim in court. In this case, you will be obliged to go to a lawyer and attorney.
If you think that the claim procedure is complex or you do not have time to deal with it, remember that associations such as FACUA-Consumers in Action offer advice on how to claim a refund of what the airline has illegally charged you.
Finally, it is necessary to remember that last October the European Parliament approved unifying the hand luggage measurements, so that we can travel with the same suitcase in the cabins of all airplanes and put an end to those abusive clauses that airlines include in their regulations for this concept. However, the regulations are pending approval by the European Council. Once it approves it, the date of entry into force will be known.
