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Airline forced to pay up in damaged bag case

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Airline forced to pay up in damaged bag case
The court said Vueling had abused a non-liability clause in its terms and conditions and ruled in favour of the passenger.File photo: kozumel/Flickr
14:12 CEST+02:00
A Spanish judge has ruled that the airline Vueling has to pay compensation to a passenger whose luggage was damaged by the carrier.

In the case, the Commercial Court of Bilbao ordered the airline to pay €95 ($120) to the passenger, Spain's El Correo newspaper reported on Friday.

The judge handed down the ruling despite a claim from the carrier that their general terms and conditions meant they weren't liable for costs.

The court said Vueling had abused that clause in the contract and ruled in favour of the passenger.

In the ruling, the judge also said terms were "not negotiated" with the passenger but were simply "imposed".

The win — more symbolic that anything else, given the financial amount involved — comes after the passenger repeatedly pressed Vueling for compensation.

 "From now on Vueling won't be able to hid behind this general condition in its contract to avoid its responsibilities, said Iñaki Velasco of the comsumer rights organization EKA-OCUV, the lawyer who brought the case to court.

The lawyer added that the case set an important precedent.

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