Iberia and British Airways agree to pay $ 5.8 million to EE.UU.The Supreme looks abusive clauses that Iberia applied in its contract of carriage

The General Directorate of Consumption of the balearic Government has sanctioned the airline Iberia 448.000 euros of fine for, according to the Government, to apply the clause abusive “no-show” , by which if a passenger does not use any of the paths —of-way or link— up, the company automatically cancels the trips remaining within the same ticket and the user lost even though you have paid. This is the penalty high to be imposed by the Directorate-General of Consumption throughout their history. The fine has been appealed already by Iberia.

The announcement has been made this Monday by the minister of Health, the socialist, Patricia Gomez, and the director general of Consumption, Francesc Dalmau. In this particular case, the resolution sanctioning a party of seven records of complaints of users, which gave rise to the intervention of the Inspection Service. Such a service “traced the web of Iberia and found that, in the section general conditions of the contract, was the clause known as a “no show””.

According to the Government, this clause not only violates a state standard, and other autonomous, but which has recently been declared abusive by the Supreme Court, in particular in the judgment 631/2018, of 13 of November. The High Court concluded in this ruling that a clause such as the contested “involves an imbalance of rights and obligations that are contrary to good faith, as to a consumer who has fulfilled his obligation, that is only the payment of the price, it deprives him in any case from the enjoyment of the performance contracted for, that for reasons which may be of nature very diverse has decided or has been compelled to enjoy only in part.”

In this context, the Directorate General of Consumption considered to Iberia “responsible for an administrative offence as “very serious” in the defence of consumers and users”. Against the above resolution was to be the lodging of an appeal before the ministry of Health, which has already been submitted by the Spanish airline.