MYAirline customers: know your rights

 

Passengers were left in the lurch after MYAirline suspended operations. (Facebook pic)

PETALING JAYA: MYAirline’s suspension of operations from Oct 12 has left passengers in the lurch and wondering how they can seek compensation.

The Malaysian Aviation Commission (Mavcom) said in a statement it has directed the airline to cease all transactions on its booking platforms until further notice.

Mavcom also said MYAirline is obliged to assume responsibility and provide refunds to customers who had booked its flights but are now unable to travel following the suspension of operations.

Lawyer Rajesh Nagarajan said barring “extraordinary circumstances” such as security risks or severe weather conditions, passengers have the right to request compensation for cancelled flights.

“If they feel they have not received adequate compensation, they can make a formal complaint with the airline responsible for the flight before reaching out to Mavcom,” Rajesh told FMT.

He said compensation extends to damages incurred when an airline suspends operations.

“Once a passenger makes a payment for an airline ticket, it establishes a contractual agreement between the passenger and the airline.

“The passenger’s rights are outlined in the Malaysian Aviation Consumer Protection Code 2016, established under the Malaysian Aviation Commission Act 2015,” he said.

Rajesh said that beyond ticket refunds, passengers may pursue compensation for inconvenience, additional expenses, or losses incurred due to the cancellation.

“An aggrieved passenger has the legal right to seek compensation or reimbursement for the non-refundable bookings, such as for hotels, concerts, or other activities that were affected,” he said.

The statute of limitations for a compensation claim is six years from the date the cause of action originated.

This time limit applies specifically to cases related to contracts, such as airline ticket purchases, Rajesh said.

“Individual claims of RM5,000 or less can be brought to the small claims court. The magistrate’s court handles civil claims of up to RM100,000.

“For civil claims of up to RM1 million, the appropriate venue is the sessions court,” he said.

Rajesh also said there should be additional preventive measures and legal changes to better protect passengers in future.

“Mavcom should introduce a requirement for airlines to pay it a substantial safety deposit, which would serve as a financial security net for passengers affected by flight suspensions,” he said. - FMT