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MavCom fines AirAsia, AirAsia X RM200,000 each

By Wei Zhang
1 min read
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In this article (5)

RM200,000 each for charging credit card, debit card and online banking processing fees separate from their base fares.

MavCom said in a statement on Tuesday the fees charged by the airlines contravened the Malaysian Aviation Consumer Protection Code 2016 (MACPC). It said MACPC came into effect on July 1,2016, and was published in line with MavCom’s aim to protect the rights and interests of consumers.

MavCom said as the first consumer protection code specifically intended for Malaysia’s aviation industry, the MACPC ultimately provides for more transparency on aviation service providers’ obligations towards consumers and clearer guidance for consumers on their rights and interests as air travellers.

MavCom said from June 1,2019, it had been monitoring for compliance with the new provisions of the MACPC.

“AirAsia and AirAsia X have been found to contravene subparagraph 3(2) of the MACPC which requires full disclosure of the final price of the airfare.

“As part of the due process to determine whether a contravention has been committed, MavCom issued show-cause letters to both airlines and afforded opportunities to the airlines to provide factors to mitigate the quantum of the penalties.

MavCom said that Section 69(4) of the Malaysian Aviation Commission Act 2015 [Act 771] together with paragraph 22 of the MACPC empowered it to impose a financial penalty for a non-compliance of the MACPC, an amount not exceeding RM200,000 and in the case of a second or subsequent non-compliance, an amount ten times of the financial penalty which was imposed for the first non-compliance.

“Upon thorough evaluation and taking into consideration the written representations by the airlines, the commission has imposed on AirAsia and AirAsia X a penalty of RM200,000 each for the first violation of subparagraph 3(2) of the MACPC, for the period commencing June 1,2019 to Aug 9,2019, ” it said.

Questions & Answers

Q.

What specific action by the airlines led to the fines from MavCom?

A.

AirAsia and AirAsia X were fined for charging credit card, debit card, and online banking processing fees separately from their base fares. This contravened the Malaysian Aviation Consumer Protection Code 2016.

Q.

When did the rules that AirAsia and AirAsia X broke come into effect?

A.

The Malaysian Aviation Consumer Protection Code 2016 (MACPC), which outlines these rules, came into effect on July 1, 2016. MavCom began monitoring for compliance with new provisions from June 1, 2019.

Q.

Could the airlines face larger fines if they repeat this non-compliance?

A.

Yes, for a second or subsequent non-compliance, the fine could be ten times the amount of the first financial penalty. This is allowed under the Malaysian Aviation Commission Act 2015.

Q.

For what period were AirAsia and AirAsia X found to be non-compliant?

A.

The airlines were found to be in violation of the code for the period commencing June 1, 2019, up to August 9, 2019. This contravened the requirement for full disclosure of the final airfare price.

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