The Supreme Court of Justice of the Nation (SCJN) determined that it is the passengers who must decide whether or not to travel with luggage, so airlines can offer a preferential rate in case they travel without suitcases.
This was determined several years ago in a pronouncement through various jurisprudence and isolated theses and is now recalled by specialists in the Civil Aviation Law, after a confrontation between the Federal Attorney General’s Office (Profeco) and Mexican low-cost airlines regarding the obligation to offer luggage to passengers.
“The legislative design is in accordance with the special protection that the air transport consumer deserves, who, in most cases, does not realize that the lower prices offered do not include a minimum of luggage,” said Pablo Casas Lías, lawyer specialist.
The specialist added that, habitually, airlines only highlight certain selective information to the consumer, so passengers do not notice that their payment does not include a minimum amount of luggage and, finally, they end up paying a higher price to be able to take suitcases with them on their trips. he added.
In this sense, sections IX and X of article 47 Bis of the Civil Aviation Law establish the minimum luggage that airlines must allow to passengers; They also provided that the respective cost of an air ticket must include the right to check luggage and transport carry-on luggage.
Likewise, these sections (which were introduced in November 2018), give “absolute freedom to offer flights at affordable prices in the event that the passenger decides to travel without luggage, thus encouraging an environment of free competition.”
“It is absurd that airlines and authorities, despite the SCJN has ruled on the passenger’s right to transport a minimum of luggage at no cost, continue to violate or seek to evade the law with impunity,” added Casas Lías.