Hand luggage is the preferred choice of millions of people who travel every year. There are several advantages to using it, such as getting out of the airport quickly or using it free of charge.
Although carrying hand luggage has always been free of charge, some airlines have tried to play fast and loose with the law. Companies such as Ryanair have tried to charge for the carriage of hand luggage in the cabin, which has never been paid for before.
Naturally, this provoked a number of complaints from customers of various companies, forcing a court to rule on whether or not it should be declared legal. In this article, we will look at whether it is legal to be charged for hand luggage and other similar situations.
Air Navigation Act
According to Article 97 of the Air Navigation Act, ‘the carrier is obliged to carry, with the passengers, and within the limit of the ticket price, baggage of limited weight, whatever the number of packages and the volume fixed by the regulations’.
‘Excess baggage is subject to a special stipulation. Objects and hand luggage carried by the passenger will not be considered as luggage for this purpose. The carrier is obliged to carry free of charge in the cabin, as hand baggage, the objects and packages that the passenger is carrying with him, including items purchased in airport shops. The boarding of these objects and parcels can only be refused for safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft.
In other words, airlines are obliged to allow crew members to carry hand luggage at no extra cost, provided it does not exceed the weight and dimensions established by the airline. However, despite this article of the Air Navigation Act, many airlines, particularly low-cost airlines, charge for this, but all the signs are that this practice has its days numbered.
Carry-on baggage allowance per carrier
As we mentioned earlier, companies can attract our attention for two reasons: The dimensions of our suitcase and its weight. Here are the limits imposed by the busiest companies in Spain:
Iberia: 56x40x25cm / 10kg (14kg if travelling in business class). In the case of long-haul flights (+6 hours), two pieces of hand luggage will be allowed in the cabin. All fares include one personal accessory (bag or small object) measuring 40x30x15cm.
AirEuropa: 55x35x25cm / 10kg (14kg and two pieces of hand baggage if you are travelling in business class). As we can see, our luggage has to be a little smaller if we travel with AirEuropa compared to Iberia, but business class will allow us two pieces. All fares include a personal accessory (bag or small object) measuring 40x30x15cm.
Overall: 55x40x20cm /10kg. If you wish to take this type of hand luggage in the cabin with Vueling, you will have to pay. They can only be carried by those with the ‘timeflex’ fare, otherwise the hand luggage must measure a maximum of 40x30x20cm and fit under the seat in front of you.
Ryanair: 40x20x25cm. Ryanair charges for hand baggage exceeding these dimensions. If you pay a supplement for the normal fare or more, you can take a suitcase in the cabin measuring no more than 55 cm x 40 cm x 20 cm.
Can you be charged for transporting hand luggage?
The answer is a categorical ‘no’. The Consumers‘ and Users’ Organisation has commented on this aspect on several occasions, stressing that hand baggage in the cabin is free in all cases (unless the baggage exceeds the dimensions provided by the company).
In doing so, they have relied on the fact that hand luggage must be considered ‘an indispensable element of passenger transport, and that its carriage cannot therefore be subject to a price supplement, provided that it meets reasonable requirements relating to its weight and dimensions’.
Ryanair recently tried to charge a passenger more than €30 for carrying a hand luggage, and the passenger decided to report the company. Here’s what happened:
Ryanair case
The judgement in the Ryanair case dates from 9 February 2021, and the judge ordered Ryanair to pay compensation of 120 euros to a passenger who had to pay an extra 32 euros to carry her hand luggage in the cabin.
According to the ruling, airlines are obliged to carry passengers’ hand luggage, provided it meets certain requirements regarding its weight and dimensions.
This decision undoubtedly confirms passengers’ right to travel with their hand luggage without having to pay extra charges, and will prevent airlines from continuing to practice this in the future.
Now that we know that we cannot be charged for hand baggage in the aircraft cabin, what happens if we are checked in for this baggage in the hold?
Do you have to charge for checking in a suitcase?
Plane cabins are often filled with suitcases before all the passengers enter, so you have to check in hand luggage to travel in the hold of the plane.
This situation can never lead to payment by the passenger, as it is a problem for the airline itself and cannot be passed on to the customer. In this way, if the cabin is full of hand luggage, the airline must take the remaining luggage and place it in the hold of the aircraft free of charge.
The only situations in which you have to pay for baggage are the following:
- If you decide to check in a piece of baggage voluntarily, or if the baggage exceeds the maximum authorised weight.
- If you have hand baggage in the cabin that greatly exceeds the maximum dimensions proposed by the airline.
In all other cases, travelling with hand luggage must be free of charge, as has already been confirmed by numerous court rulings.
Penalties for certain companies that charge for hand luggage
These companies have been penalised for charging passengers for hand luggage carried in the cabin. Although the list of airlines involved has not been made public, the Ministry has previously mentioned that together they have a significant market share both within and outside Europe, so their travel policies have a significant impact on passenger recruitment.
The penalties laid down for these infringements can be considered serious or very serious, with fines ranging from 10,001€ to 100,000€ in the case of serious infringements, and from €100,001 to €1,000,000 in the case of very serious infringements. The consumer association Facua had previously warned that complaints had been lodged against certain airlines for these practices. The Ministry of Consumer Affairs has had the power to impose penalties since 2022 and, as part of this investigation, cases have been opened following previous complaints lodged by Facua in 2021 against the collection of hand luggage.
We recommend that you visit the airline’s website before flying to find out about their requirements in this respect.