Malaysia — Malaysian Aviation Consumer Protection Code 2016 (as enhanced 2024)

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• A refund within 30 days, in the way you paidThe Code requires refunds to be made within 30 days and in the original mode of payment. If you paid by card the refund goes to the card; if you paid with miles it comes back as miles. A carrier that offers only a credit shell where you are entitled to a refund is not complying, and this is the single most commonly breached provision in the Code.
• A refund right if the flight is retimed by more than three hoursWhere a carrier reschedules or retimes a flight by more than three hours from the original time, the passenger is entitled to a refund. This covers the schedule change that arrives by email weeks in advance, which airlines present as a fait accompli. It is not: you can decline it and take your money back.
• A refund right at five hours of delayA delay of five hours or more entitles you to a refund in the original mode of payment. You do not have to travel, and you do not have to accept a voucher.
• Taxes and charges come back even on a non-refundable ticketFuel surcharge, taxes, fees and charges including the departure levy and the Passenger Service Charge must be refunded for any flight you did not board, and this applies to refundable and non-refundable tickets alike. On a Malaysian ticket these can be a substantial share of the price, and carriers do not return them unless asked.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineComplain to the carrier in writing first — the Code requires it to acknowledge and respond within set periods, and MAVCOM will ask whether you did. Quote the Code by name and the specific obligation, and give the booking reference.Claim direct·typically 30 days
2. 02Malaysian Aviation Commission (MAVCOM), Flysmart complaint portalMAVCOM enforces the Code and can impose financial penalties on carriers. Its consumer arm resolves individual complaints and publishes the outcomes. Use the Flysmart portal. Since 2024 aviation consumer functions have been reorganised between MAVCOM and CAAM, so if you are directed elsewhere, follow the direction rather than arguing.Regulator·typically 90 days·official page
3. 03Tribunal for Consumer Claims MalaysiaBinding on themThe Tribunal hears consumer claims up to RM 50,000 cheaply and without lawyers. It is the route where the loss the disruption caused you exceeds what a refund covers.Small claims·typically 180 days