The Malaysian Aviation Commission (Mavcom) has reaffirmed that airline passengers are entitled to a refund if their flight is delayed by five hours or more. This regulation applies to both local and international airlines, requiring them to refund passengers in the original mode of payment.
According to Pushpalatha Subramaniam, Mavcom’s director of consumer and public affairs, this provision gives passengers the flexibility to opt out of their journey if it is no longer relevant to them. This new regulation is part of the recently enhanced Malaysian Aviation Consumer Protection Code 2016 (MACPC), which came into effect on September 1, 2024.
While airlines can still offer credit shells or travel vouchers, the primary option must be a refund in the original payment method. The decision ultimately lies with the passenger. This rule is applicable even in cases where flight disruptions are caused by factors beyond the airline’s control, such as extreme weather conditions, air traffic control restrictions, or natural disasters like earthquakes and volcanic eruptions that make travel to the destination impossible.
Speaking on Bernama TV’s ‘The Nation’ programme, Pushpalatha highlighted several key enhancements introduced in the revised MACPC to bolster consumer rights and enhance transparency and accountability in the aviation industry.
One of the significant changes includes a mandatory refund of the fuel surcharge, taxes, fees, and other charges such as the departure levy, passenger service charges (PSC), and the carbon fee, regardless of whether the ticket is refundable or non-refundable.
Furthermore, passengers must now be notified at least two weeks in advance if there is a change in the scheduled departure time (STD). While airlines may adjust the STD due to technical issues or adverse weather conditions, they are no longer permitted to make such changes within two weeks of departure for commercial reasons.
To ensure compliance with these provisions, Mavcom continuously monitors airlines through consumer complaints and monthly reports submitted by airlines. Under Section 22 of the MACPC, airlines found to be in violation of these regulations may face financial penalties. For a first-time offence, the fine can be up to RM200,000, with subsequent offences attracting penalties up to ten times that amount.
Since the implementation of the MACPC, Mavcom has imposed financial penalties amounting to RM4.85 million on airlines for failing to comply with consumer protection regulations. Additionally, airlines are now required to immediately remove cancelled flights from all booking platforms, including those operated by online and offline travel agents. This measure is designed to prevent consumers from inadvertently purchasing tickets for flights that are no longer available.
In cases of overbooking, airlines must inform passengers at the check-in counter or departure gate if they are being denied boarding. However, offloading passengers who have already boarded the aircraft is strictly prohibited.
Another consumer-friendly revision in the MACPC is the extension of the complaint submission period. Passengers now have up to two years to file a complaint regarding flight disruptions, as opposed to the previous one-year limit. However, Mavcom strongly encourages consumers to lodge their complaints as soon as they experience an issue.
These enhancements to the MACPC reinforce Mavcom’s commitment to protecting passenger rights, ensuring fair treatment, and promoting accountability within the aviation industry. With these revised regulations, passengers can now travel with greater confidence, knowing that their rights are safeguarded against unexpected disruptions.
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