Generally when consumers buy a ticket what they actually purchase is a right to be able to travel on a particular route, time and price and especially at a price appropriate to the time the electronic ticket is purchased from the airline. However, the airlines introduce a series of clauses in which the price of the electronic ticket purchased must be specifically paid for, but they also incur an obligation to travel solely and exclusively on the first flight, although in this way the airline reserves the right of the purchaser of the ticket to be able to travel on a second flight planned by the airline. In addition, the airlines themselves always add a clause whereby the right to the flight would be lost and the passenger would therefore suffer an automatic cancellation of his flight if, once the round trip has been purchased, he wants to take advantage of only one of the journeys, because the airlines generally offer only round trips at a much more competitive price.
Our legislator has always been aware of this problem and whether through Directive 93/137 EEC as well as subsequently, the General Law on Consumers and Users and finally the current Revised Text of the General Law on Consumers and Users has considered that these clauses should be considered null and void, mainly among others because they have not been negotiated previously, and of course to generate a great imbalance between the parties, always resulting in this imbalance between the parties, the consumer.
After innumerable sentences of minor courts as well as of the consequent provincial hearings finally the Supreme Court has pronounced itself and has dictated sentence by which it considers that specifically that the clauses of the contract between the consumer and the airline Iberia should be considered null and therefore as not written the clauses that next are described in their conditions of trip. The clauses that are declared null and void are as follows:
That clause which obliged consumers to make the outward journey if they wanted to make the return journey, preventing the consumer from enjoying other more advantageous fares or even the combination of flights between different companies.
That clause that allowed Iberia, the use of third party aircraft, the modification of stopovers and especially the exoneration of liability in the case of missing links between different flights.
And finally that clause that allowed Iberia to reject passengers with tickets for large families who did not provide the ticket.