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What rights do we have when flights cancelled?

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What rights do we have when flights cancelled?

Tonight, only 6 days before we fly to beijing, Malaysian airlines sent an email to say our Kuala Lumpar to Beijing flight was cancelled. They would put us on the next available flight 18 hours later, but were not responsible for paying for a hotel etc. This has ruined our holiday, as instead of 4 days in Beijing, with the change in flight we have 18 hours before our next destination. Do we have any rights at all?

Bangkok
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for Bangkok, Air Travel, Thailand
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1. Re: What rights do we have when flights cancelled?

Hi,

Your rights here will be governed by Malaysian law as that's where the issue occurred and where the carrier is registered.

As I've read it, Malaysian law does not prescribe any mandatory compensatory payment or liability to you for a schedule change.

Of course, you will have rights and options as laid out in MH's Contract of Carriage, but I don't see that under law you have a claim.

I would review MH's Contract, section 10 which addresses your case:

malaysiaairlines.com/content/dam/mas/master/…

Travel Safe,

Edited: 10:43 am, April 07, 2014
Dubai, United Arab...
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2. Re: What rights do we have when flights cancelled?

Thank you Gopbi for the link.

It depends. If you fly with Malaysian from the EU to KL and then to Bejing, EU rule 261 applies and you are due compensation. See also Malaysians T&C 10.5.2.

If you do not fly with Malaysian to KL, then you can either go for a refund or take the flight they offer. I understand their T&C's in a way that for you 11.3 'involuntary refund' should apply.

What I fail to understand is your quote: << as instead of 4 days in Beijing, with the change in flight we have 18 hours before our next destination>> You will arrive 18 hours later. So you should have 4 days minus 18 hours time in Being.

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3. Re: What rights do we have when flights cancelled?

Thanks very much! Will check it out.

Garden Bay, Canada
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4. Re: What rights do we have when flights cancelled?

I don't understand how an 18 hour delay can shave 4 days down to 18 hours.

Portland, Oregon
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5. Re: What rights do we have when flights cancelled?

Belinda,

From what you've written it looks to me as though MH are going down from 2x daily departures to one.

It may be worth calling Malaysia and asking the following, if they work for you -

1) See if they can book you on an earlier flight, either the day before or the 00:00 ish departure on the same day. That would be 6-24 hours earlier, which would give you additional time in Beijing.

2) This is probably a long shot, but see if they may reroute you using a OneWorld partner. The obvious one would be Cathay Pacific/DragonAir via Hong Kong.

Make sure that you're polite when you speak with reservations, as you want to have the agent feel they want to help you. And remember that the KUL-PEK route has probably suffered as a result of MH370, which may be the reason for the cut in service.

Good luck.

Edited: 11:43 am, April 07, 2014
Edinburgh, United...
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6. Re: What rights do we have when flights cancelled?

<<< It depends. If you fly with Malaysian from the EU to KL and then to Bejing, EU rule 261 applies and you are due compensation. See also Malaysians T&C 10.5.2. >>>

Do you have a link to the regulations that will confirm this?

My reading of the regulations is the the delayed/cancelled flight needs to be from the EU or on an EU carrier and unless the issue is with the EU departing flight then EU261 would not apply (I believe the regulations neither confirm nor deny this)

I know this may be part of the posters overall Journey but can only see reference to "FLIGHT" in MH's terms linked

Loughborough...
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7. Re: What rights do we have when flights cancelled?

I think we can all guess why Malaysian might need to reduce the number of flights per day on KUL-PEK.

The so far unexplained disappearance of MH370 on this same route will have hit public confidence and bookings and sadly they are also now an aircraft and crew short.

London, United...
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8. Re: What rights do we have when flights cancelled?

I'm not sure I understand that an 18 hour delay reduces a four day trip to 18 hours? Is there some other leg in there?

Maybe call them and ask them for an earlier flight?

Dubai, United Arab...
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9. Re: What rights do we have when flights cancelled?

@ Carol

The link was given in post 1.

Flight as such is not a defined term in the contract. However flight has been nicely defined in the definition of 'Transit Passenger": "A passenger arriving at an airport for onward travel to another country on the same flight from that airport; or on a connecting flight from that airport; or on a connecting flight from another airport; or on another onward flight from that airport"

So based on this, what are you thinking. Applicable or not?

10. Re: What rights do we have when flights cancelled?

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Removed on: 5:05 am, April 16, 2014
Edited: 5:05 am, April 16, 2014