Flybe loses legal fight over controversial luggage charge

Thursday 31 October 2019

Have you ever flown out of Jersey with a piece of hand luggage, only to be told it is too big when you come to return home, so you need to pay for it to go in the hold?

It is an issue many people have faced when travelling, with Guernsey's Chief Minister running into trouble with Flybe earlier in the year as he had to pay £50 to get his hand luggage back after a day trip.

Appalling rip-off service this morning from @flybe #BlueIslands this morning. £50 charge for this bag, allowed one way but not the other; fits gauge except for 2” of wheels; no cash; and you pay to get to carry it to hold. Left feeling ‘thank goodness Aurigny back on route soon.’ pic.twitter.com/kHwYvURsjX

— Gavin St Pier (@gavinstpier) March 8, 2019

Meanwhile in Jersey, the Chair of the Consumer Council, Carl Walker, reported that a 12-year-old girl was told to pay £50 for her hand luggage or face not flying - without her parents being contacted.

He also said a 15-year-old had been left "in tears" after being caught out by the policy.

Flybe held a meeting at the time with the Jersey Consumer Council and the Ports of Jersey, where it said it would "sort out" any inconsistencies. 

Things might be about to change, however, as a court in Northern Ireland has ruled against Flybe when a man took them to the small claims court over a baggage charge.

Declan Gormley had had his bag approved when he was traveling through George Best Belfast City Airport, but the airline then said the bag was too big when he was coming back through Aberdeen, so he had to pay £50. He told the BBC in Ulster that he had used the bag at least eight times in the last year, and then suddenly was being charged. 

3rd parent been in touch. In this box at S'oton is 15 yr old girl's bag. She arrived in tears from JSY after being told to pay £50 as bag was 'too big' so grandparents went straight to check in and bag deemed within limits. Box in S'oton, metal gauge in JSY. Consistency @flybe pic.twitter.com/NvDM9dKkug

— Carl Walker (@CarlWalker7) February 26, 2019

His bag even still had the 'hand luggage size compliant' sticker from his flight four days earlier, but he still had to pay £50 to board.

Mr Gormley tried to deal with the situation through Flybe, but eventually got frustrated and took them to Court to dispute the airline's claim he had "just got lucky on other flights."

After arguing the charge was arbitrary and inconsistent, and criticising the policy for being too open to personal interpretation, the Judge found himself in agreement with Mr Gormley. Flybe was ordered to pay him his £50 back and also pay his £37 court fee. 

Mr Gormley has since said he hoped Flybe would now reconsider its baggage policy because of how it was being applied in an unfair manner. 

Since it has now started the process of re-branding to Virgin Connect, the airline said it a statement to Express that it would be reviewing all of its policies, one of which related to hand baggage.

Pictured: The airline's rebrand to Virgin Connect was recently announced.

"We have a generous hand baggage allowance, which since 2016, allows passengers to take on board two pieces of cabin baggage. This includes one item that does not exceed 55x35x20 cm, and one smaller additional piece such as a handbag or laptop case. 

"Any hand baggage which exceeds these stated dimensions is charged as highlighted to customers during the booking process and again in all pre-flight communication. All information can be found at www.flybe.com.

"In line with our intention to continually improve our customer experience as part of our Virgin Connect re-brand, we are in the process of reviewing all our policies, one of which is that relating to hand baggage.  The feedback received from our passengers is a key part of this review."