The Italian Competition Authority closed the preliminary investigation initiated against Vueling Airline S.A., imposing a 1 million Euros sanction for having infringed some of the Consumer Code rules, in relation to three unfair commercial practices.

Within the first practice, the airline is deemed to have misled consumers as to the gratuitousness of online check-in, which was widely promoted as a free service on the website, and in the communications sent after booking a flight. However, under certain conditions – the depletion of available seats – it required consumers to pay about 15 Euros to check-in online and get their boarding pass. Also, the carrier did not inform passengers that check-in at the airport was always available free of charge.

In addition, Vueling promoted the purchase of a discount voucher equal to 25% of the cost of the airline ticket in an ambiguous and misleading way, as it did not allow consumers to understand exactly the real convenience of the purchase. More specifically, the consumers could not understand the relevance of the discount they would have benefited from. This discount related only to part of the ticket, i.e. the basic fare after tax, administrative fees and other charges.

Both practices were deemed to be in contrast with Art. 20, 21 and 22 of the Consumer Code, which provides for the transparency and correctness of all information, as to allow consumers to make a conscious commercial decision.

Lastly, the Authority also sanctioned Vueling for hindering passengers in exercising their contractual rights since, for assistance and complaint request, consumers were suggested to call a toll number, which could cost up to 15 Euros per call, without mentioning the existence of a web form within the airline web site. Moreover, the web form featured a pre-requisite route structure, whose modes of use did not allow receiving full assistance.

The Authority considered this conduct to be in contrast with Art. 20, 24 and 25 of the Consumer Code, as it created factual hindrances in the exercise of consumer rights.

On the other hand, two originally contested commercial practises (no-show rule and credit card surcharge) were deemed to be not existing, as a result of the clarifications and changes made to the General Carriage Conditions.

Rome, 6 July 2017