Why can airlines charge for carry-on luggage?
When you book a flight, you're not just getting a seat; you're entering into a legal agreement with the airline. The full details of this agreement are in the terms and conditions you tick when you book. Those terms set out the airline’s specific rules for everything, including the maximum size and weight for hand luggage.
Because this is a binding agreement, airlines are completely within their rights to enforce these rules and charge you a fee if your bag doesn't comply. The dispute, therefore, isn't usually about the rule itself, but whether your bag actually broke the rule.
How much can an airline charge?
The fees for oversized hand luggage vary by airline and can change, but they are typically between £25 and £70 per bag if charged at the gate. The exact amount will be detailed in the airline's terms and conditions, which you agree to when you book.
What are your consumer rights in a luggage dispute?
This is where your rights as a UK consumer come in. The Consumer Rights Act 2015 is your key protection here. It states that any service you pay for must be provided with ‘reasonable care and skill’. For more information, read Consumer rights.
If you're charged a fee for a bag that was actually within the airline's own size limits, you can argue that the airline failed to exercise reasonable care. In simple terms, they haven't held up their side of the bargain. The biggest challenge you'll face is proving it, which is why gathering good evidence is so important.
What if my soft bag can be squeezed to fit?
This is a common grey area for travellers. Generally, if a soft-sided bag can be compressed to fit into the sizer without needing excessive force, it's often considered compliant.
However, the final decision at the gate can be subjective and is ultimately up to the airline's ground staff, who may interpret their carry-on luggage policy strictly. Even if the bag technically fits when squeezed, they might argue that it doesn't slide in and out easily enough. If you believe your bag did fit reasonably and you were still charged, it’s worth raising this in your formal complaint. Be sure to highlight that the bag was soft-sided and did fit into the sizer, providing photographic evidence if you were able to get any.
How to claim a refund for a hand luggage fee
Arguing with staff at a busy boarding gate is unlikely to get you anywhere, and you might even risk missing your flight. The best strategy is usually to pay the fee to avoid any more disruption and then launch a proper complaint once you're back home. A methodical complaint with good evidence is often effective.
Gather evidence at the gate and beyond
This is the most important part of your claim. If you can do so safely, use your phone to:
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take clear photos or videos of your bag in the sizing gauge, clearly showing that it fits
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keep the receipt for the hand luggage fee you were charged
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note down the details, including your flight number, the date, and the airport
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find the bag's official dimensions on the manufacturer’s website
Send a formal complaint to the airline
Once you're home, send an email to the airline’s customer service department. Remember to:
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use a clear subject line (eg ‘Complaint - Unfair Hand Luggage Fee - Booking Reference [Your Ref]’)
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calmly state the facts and explain why you believe the charge was a mistake, and attach your evidence
Escalate to an ADR scheme
If the airline rejects your complaint or doesn't respond, you can escalate it. Most major airlines are members of an alternative dispute resolution (ADR) scheme, which is an independent organisation that will review your case. You can find the correct ADR scheme for your airline on the Civil Aviation Authority (CAA) website.
Contact the CAA's Passenger Advice and Complaints Team (PACT)
If your complaint is with an airline that isn't a member of an ADR scheme, you can complain to PACT. PACT can advise on whether they think you have a valid complaint and can contact the airline on your behalf, but its decision is not legally binding. It's a useful step before considering legal action.
Consider making a claim in the small claims court
For smaller fees, your final option is to make a claim through the small claims court (or Scottish equivalent), which you can usually start online. Whether you win will depend entirely on how strong your evidence is. While this is your final option, it's worth weighing up whether the time and potential cost are worth the fee you're trying to recover.
How long do I have to make a claim?
Under UK law, you generally have up to six years to make a claim for a breach of contract (which covers this kind of dispute). However, it's always best to make your complaint as soon as possible while the details are still fresh in your mind and you have all your evidence to hand. For more information, read Statute of limitations.
Ultimately, knowing your rights is the key to ensuring you're not left out of pocket for an unfair charge. Remember that you can always Ask a lawyer if you have any questions.
