Enhancement to the Malaysian Aviation Consumer Protection Code 2016 (MACPC)

Consumers to benefit from enhanced travel rights

The Malaysian Aviation Commission (MAVCOM) has enhanced the Malaysian Aviation Consumer Protection Code 2016 (MACPC) which provides greater protection of consumer rights in the aviation industry. The enhanced MACPC is officially gazetted on 30 August 2024 and is effective 1 September 2024.

The MACPC is the first consumer protection code specifically intended for Malaysia’s aviation industry. The MACPC ultimately provides for more transparency on airlines’ obligations towards consumers and clearer guidance for consumers on their rights and interests as air travellers during flight disruptions.

The new key enhancements, among others, include:

1. For flight delays of five (5) hours and more, airlines are now required to offer consumers the option of a refund in the original mode of payment. This is a new option for consumers who do not wish to continue their journey.
2. For flight disruptions caused by extraordinary circumstances, airlines are required to first offer a refund in the same form as the original mode of payment. Airlines may also offer alternative forms of refund such as travel voucher or credit shell. However, consumers have the choice to decide on which mode of refund is preferred.
3. Mandatory refund of the fuel surcharge, taxes, fees, and charges such as the departure levy, Passenger Service Charges (PSC), carbon fee, etc. This is applicable to both refundable and non-refundable tickets for flights that consumers did not board.
4. All cancelled flights must be removed from all booking platforms, including online and offline travel agents. This is to protect consumers from purchasing tickets on unavailable flights.
5. Any change in the Scheduled Time of Departure (STD) must be notified to consumers at least two (2) weeks prior to the actual departure, unless it is due to extraordinary circumstances or unavoidable technical problems. This provision will take effect in January 2025.
6. Any denied boarding due to overbooking of flights must be communicated to the consumers at the check-in counter or the departure gate. Offloading consumers who have boarded the aircraft is prohibited.
7. The time limit for consumers to submit a complaint is now extended from one (1) year to two (2) years.