Mexico City, Mexico — The Federal Consumer Attorney’s Office (Profeco) says they will take their latest airline beef to court since consumers have a right to travel with hand luggage at any rate.
The Consumer Agency says the case will be brought before the Supreme Court of Justice of the Nation after VivaAerobus advertised a “zero fare” for passengers without hand luggage.
Profeco reiterates that the commercialization of flights with fares that do not include the right to transport hand luggage and establish additional charges for hand luggage, such as those of the so-called “zero fare” of VivaAerobus, constitute a practice that harms the interests and rights of passengers.
The agency says it is an abusive practice since the airline intends to confuse passengers, making them believe it has the right to charge for hand luggage.
Profeco responded to the VivaAerobus airline community about its “zero fare” campaign reiterating that it is the right of all passengers to carry up to 10 kilos of hand luggage without extra charges.
In December of 2021, the Federal Consumer Attorney’s Office issued a consumer alert that VivaAerobus was selling flights with fares that do not include the right to transport hand luggage.
Article 47 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…”
Profeco also said that “it will seek to submit this case to the Supreme Court of Justice of the Nation so that it can review the correct interpretation that the judges will make at the time regarding the constitutionality of various articles of the Civil Aviation Law, and that these correspond to the criteria already established by the Supreme Court through the indicated sentence.”
Profeco is calling on consumers to file formal complaints with the competent authorities regarding this practice, which they say, violates the rights of consumers.