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Iberia cannot cancel return tickets if passengers don't make outbound journey
By:
ThinkSpain , Monday, September 24, 2012

A commercial court in Madrid has ruled that three clauses in Iberia's contract of carriage are "abusive", including the so-called 'no-show clause' that allows the airline to cancel a return ticket if the passenger has not used the outbound ticket, considering that to be no reasonable justification for such action.

The court's decision came after the Spanish Consumers' Association (OCU) launched a lawsuit against the airline in July last year.

Specifically, the court declared invalid the Iberia clause which says that "if necessary" it may be represented by another company, and even use other companies' aircraft, and alter or omit stopovers.

Similarly, the judge described as "abusive" that the airline should not assume responsibility for making connections with other flights in the destination.

It also called the 'no-show clause' invalid, saying the airline had no right to cancel the return leg of a ticket if the passenger had not used the outbound ticket, saying there was no reasonable justification for this rule.

It also rejected outright the airline's policy of not allowing passengers with subsidised tickets to board if they could not provide proof of their status as a family with three or more children, describing the punishment as "disproportionate".

Sources say the airline plans to appeal against the ruling to the Provincial Court of Madrid.

OCU has launched several lawsuits against other airlines such as Spanair, Vueling and Ryanair recently, recording legal victories against the first two, with the case against the 'low-cost' Irish company due to be heard on October 24th.

 
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