Profeco, the Mexican consumer protection agency, warned Mexican airlines to stop selling tickets requiring a charge for carry-ons in overhead bins
By Patrick O’Heffernan.
I noticed this week that Volaris Airline was rated the # 3 worst airlines in the world in a recent survey by userbounce.com, an airline passenger site. I was not surveyed but I agree with that result. I recently flew Volaris from Guadalajara to Tijuana and found that it violated at least one of userbounce.com’s judgement criteria – they charge for carryon bags in the overhead bins.
Article 47 Bis, section IX, third paragraph of the Civil Aviation Law, establishes that: “… the passenger may carry up to two pieces of hand luggage in the cabin. The dimensions of each one will be up to 55 centimeters long by 40 centimeters wide by 25 centimeters high, and the weight of both should not exceed 10 kilograms. However, Volaris charges for any carryon that does not fit under the seat – their criteria is 35 x 45 x 20 cm.
Profeco, the Mexican consumer protection agency, warned Mexican airlines to stop selling tickets requiring a charge for carry-ons in overhead bins, calling airline’s flouting of law “abusive” because “since hand luggage is an inherent element of the passenger’s air transportation service, and charging as an additional service is improper since it is not subject to negotiation.” According to the Mexico Daily Post, Profeco warned Aeroméxico, Viva Aerobús, and Volaris on November 5 not to sell tickets that do not include the option of carrying hand luggage that meets the law’s size requirement .
Apparently Volaris did not get the memo, because last week my wife and I were both charged the US equivalent of $11 each for our carry ons that fit in the overhead bins. And to make matters worse, they oversold the overhead carryon space so boarding passengers at the end of the line (including us) had their overhead carry-ons taken off and checked through – which meant waiting, in our case, 25 minutes for a small carryon to reach us on the baggage carousel.
So, Volaris illegally charged us for a carryon bag which they then did not allow us to carry onboard because they illegally collected too much money for other carryons. And Volaris gate staff refused to provide a refund.
I see that Profeco will “issue an Alert and initiate procedures for violations of the Law,” (quoted from Mexico Daily Post) . Despite the threat from Profeco, Volaris’s website still limits basic fare to one carryon that fits under the seat – max “35 x 45 x 20 cm. If you want to bring a carryon that does not fit under the seat but fits in the overhead bin, you have to pay a fee or upgrade your ticket.
So what to do if you travel on one of the low-cost airlines this holiday? You can hope Profeco begins enforcing Article 47 of the Civil Aviation Law. In the meantime , you can complain at denunciapublicitaria @ profeco.gob.mx . Include details of the violation and your full name and telephone number.
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