Facua-Consumidores en Acción has lodged a complaint against easyJet with the Ministry of Social Rights, Consumer Affairs and the 2030 Agenda for forcing passengers who wish to fly with checked-in luggage to pay the surcharge on both the outbound and return journeys, even if they only take luggage on one of the legs.
As detailed in a press release, when booking a flight via the airline’s website, the section for selecting checked-in luggage allows passengers to add a 15, 23 or 26-kilo suitcase by paying an additional fee. The information specifies that this is a charge “per flight”, and is automatically added to both the outbound and return journeys.
‘Consequently, if a passenger only wishes to check in a suitcase on one leg of the journey, they are forced to pay for ancillary services not expressly requested, as easyJet does not allow passengers to select checked-in luggage on an individual basis for each leg of the journey,’ according to Facua.
Consequently, the association has complained that the passenger would be paying for ancillary services that they did not wish to contract, nor did they consciously and individually select. As a result, Facua has also asked the ministry to determine whether this requirement constitutes an unfair term and, therefore, infringes passengers’ rights. If so, it has also requested that disciplinary proceedings be brought against the airline and that it be urged to amend these clauses.
Regarding the application of the law, the organisation has referred to Article 97 of Royal Legislative Decree 1/2007, which states that before the consumer is bound by any distance contract or contract concluded off-premises or any corresponding offer, the trader shall provide them, in a clear and comprehensible manner, with “the total price of the goods or services, including taxes and charges, or, if the price cannot reasonably be calculated in advance due to the nature of the goods or services, the manner in which the price is determined, as well as, where applicable, all additional transport, delivery or postal costs and any other costs”.
Article 82 of the same regulation states that “any term not individually negotiated and any practice not expressly agreed to which, contrary to the requirements of good faith, causes, to the detriment of the consumer and user, a significant imbalance in the rights and obligations of the parties arising from the contract shall be considered unfair terms”.
Recently, the Italian Competition and Market Authority (AGCM) launched an investigation into easyJet for alleged unfair commercial practices in relation to the online purchase of the additional service for checking in luggage and sports equipment for return flights.