Codes of conduct, guidelines, and ethics seldom come with punitive penalties for non-compliance. It had always been argued that they are not laws per se and there is no compulsion to adhere.
But the Malaysian Aviation Consumer Protection Code 2016 was issued under the auspices of the Malaysian Aviation Commission Act, and hence, there are penalties for non-compliance.
The recent furore of a delayed Malindo (now Batik Air) flight has exposed lax enforcement and indifferent attitude by the authorities which enforce laws related to air travel.
Section 15 of the Code reads: “(1) An operating airline shall ensure that a notice containing the words ‘If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the information stating your rights, particularly with regard to compensation and care’ be displayed at check-in counters in a manner clearly visible to the passengers.
“(2) The operating airline shall, if requested by a passenger affected by denied boarding, flight cancellation, or flight delay of at least two hours, provide to the passenger a written notice setting out - (a) the compensation and care in line with this code; (b) the contact details of the designated department of the operating airline.”
If one reads these clauses and the tweet by marketer Mohd Firdaus Jailan whose flight to Kuching was delayed by seven hours, it is plain and obvious that the code had been breached.
The flight, he tweeted, was scheduled to depart at 11pm last Friday, but passengers were left stranded at the gate until 6am Saturday, supposedly with no announcement or assistance from the airline’s staff.
Among others, Firdaus said any prior notice of the overnight delay would have allowed him to leave the airport and check in to a hotel room. He said senior citizens were also left stranded and clueless with no clear information.
Many who responded to Firdaus pointed out that all the passengers are entitled to claim compensation from the airline.
True, but the issue of compensation does not absolve the airline and more importantly, the Civil Aviation Commission of Malaysia (Mavcom) of any blame for this fiasco.
Knee-jerk reaction
Firstly, who ensures that notices, as prescribed in Clause 15 (1), are prominently placed on all check-in counters in our airports? Shouldn’t consumers be aware of their rights?
Secondly, the airline’s silence over seven hours as described by Firdaus certainly does not comply with the subsequent clause. It was not until Transport Minister Anthony Loke intervened that there was a response from the airline.
It was a knee-jerk reaction, to say the least. Waiting for ministerial intervention instead of being proactive and initiating measures to address the problem reflects on the efficacy of the code (or rather the lack of it) and its enforcement.
“I have contacted the management of @malindoair… they will be contacting all affected passengers to apologise and take responsibility,” said Loke.
Batik Air has since expressed regret over prolonged delays in flight departures expressed regret over the delay and as a gesture, the company will contact all of the affected passengers to extend them complimentary vouchers.
Subsequently, Loke said that passengers unhappy with the compensation offered by airlines for any disruption to their flight schedules can lodge a complaint with Mavcom. The minister rightly pointed out that his office is not a complaints bureau.
“I cannot handle every single complaint, so if there’s any specific complaint, of course, they can lodge it with Mavcom,” he said.
Why did Mavcom not react when the issue first surfaced is anyone’s guess but for the minister to intervene is an indictment of the agency tasked and empowered to supervise all issues related to air travel.
How much would it cost Mavcom to ensure notices informing passengers of their rights be prominently displayed in all airports? Alternatively, it can direct airlines to place such notices prominently at the check-in counters.
Will it be done pronto or will it wait for a directive from the minister? And will Batik Air be penalised for the breaches of the Code? - Mkini
R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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