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Lawyer Takes MAS To Tribunal Over Advertisement

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I stumble upon this interesting newspaper today on a local newspaper, you be the judge!

 

 

SHAH ALAM, 24 March 2009: A lawyer has taken Malaysia Airlines (MAS) to the Tribunal for Consumer Claims here over an advertisement on 20 Oct 2008 with the heading "What You See Is What You Get".

 

Jim Pui Yee @ Caroline, 35, from Kota Damansara said she felt cheated and confused by the advertisement that offered cheap tickets booked from 20 Oct to 9 Nov last year for flights between 1 March and 20 July 2009.

 

She said the advertisement clearly stated that a one-way flight from Kuala Lumpur to the Tullamarine airport in Melbourne during the period was RM734 but she was made to pay RM3,096 for a return ticket.

 

She made the booking for the return ticket on 3 Nov 2008 for flights between 7 and 15 March 2009 and therefore, the price she was supposed to pay was only RM1,468 (RM734 x 2), she said.

 

She filed the claim to get back the difference between the amount she had paid and the price she was supposed to get, namely RM1,628.

 

"I believe MAS never intended to offer cheap fares for Kuala Lumpur-Melbourne flights as advertised. What I understand from the advertisement is that cheap fares were offered for Kuala Lumpur-Melbourne flights as long as the tickets were booked and bought within the promotion period.

 

"I never expected the price advertised would be altered or raised and I also never expected MAS to cheat and mislead the public by giving a wrong picture in an advertisement," she said.

 

MAS was not represented in today's hearing.

 

Tribunal president Ahmad Hisham Kamaruddin said, "I set 23 April for MAS to file the defence and if they fail to do so within the period, we will proceed with the judgment and decision." — Bernama

 

 

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I think she's and10t

 

If i'm not mistaken, cheap fares are not all seats on all the dates right?

Edited by Walter Sim

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If MH forgot to state in the advert that seats are limited and may not be available on all flights, she may be right on a technicality. As they say the devil is in the details. She may be an "idi@t" or a very smart lawyer who found a mistake on the part of the "advertiser".

Edited by Alan B.

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This must be her first time buying air ticket. If the advert says RM734 KUL-MEL, then obviously it's a 1 way ticket. BTW, she still pay the RM3096 despite that she couldn't agree with the price. That's weird.

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This must be her first time buying air ticket. If the advert says RM734 KUL-MEL, then obviously it's a 1 way ticket. BTW, she still pay the RM3096 despite that she couldn't agree with the price. That's weird.

 

LAWYER! Pretend bodoh if they think they can get something out of it.

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LAWYER! Pretend bodoh if they think they can get something out of it.

 

Reminds me of 'he looks like me and sounds like me" case... :)

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Pretty sure she would lose. This is not USA after all. Besides, didn't she notice the word "from".

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seriously doubt she will get the difference.. firstly, the price would be stated as 'from rm734'

secondly, i m sure some small prints apply in the advert saying regulations apply..

thirdly, why would she bought the ticket when it is clearly stated more than rm3000. as a lawyer she didnt realise the difference?

Edited by Y C LEONG

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Caveat Emptor! (let the buyer beware)... i'm sure there're fine prints... i don't think MH is that reckless

 

KUL-MEL one way larr.... not vice-versa

 

Also in 'Contract Law'.... Ads are never 'offers' & therefore can never be 'Offerors'.... The buyer is the 'offeror' when he/she agreed to the price & when payment is made... the airline in this case (offeree) will agree to provide the service, i.e. provice transport for him/her to & fro the said destination.

 

Are you sure you are a lawyer?!

 

(BTW i'm not a lawyer, but i know some law)

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I think she's trying to get something out of nothing. If not, why don't other people sue AirAsia? I remember getting the offer price for KL to Gold Coast, but for the return price is much more than the outgoing flight. So, had I bought the ticket, is that grounds for me to sue? Aih, think this is America eh, want to sue here sue there...

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I bought mine for RM734 KUL-MEL and another RM734 for MEL-KUL :D I think I posted my purchase some time ago. Here's the snapshot of the price that I've got back then:

 

KUL-MEL-KUL-1.jpg

 

Alternatively, you can purchase them separately, just need to lookout for the cheapest fare-lah

 

KUL-MEL-1.jpg

 

MEL-KUL-1.jpg

 

Aiyo, what is with this lawyer lah? :huh: My England may not be as good as hers, but at least I can read and understand how does the fare mechanism works-lah.. Tsk, tsk, tsk..

 

Just to add-on. It was clearly mentioned "one way" in their promos:

 

mhfare.jpg

 

I don't know how she misled herself here :rolleyes:

Edited by Syed A Ridhwan

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We can't really comment unless we have seen the advert. It could be a mistake from MAS part.

 

For her to actually pay the amount knowing that it should be less makes me think that she's trying to take advantage on MH's fault. Plus,she's a lawyer!

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I dont necessarily think that the lawyer's a vulture here. Her bone of contention is that specific advert on that specific day, and everything else is not pertinent. The advert may be missing the word "from" in relations to advertised prices and/or "T&C applies" is absent.

 

Her motive is perhaps to teach a corporate behemoth like MH to not be reckless with advertisements.

 

Hence, whatever comments that you may have about MH booking engine, etc may be off the mark as the Bernama article focuses on a particular advert, further details of which were not forthcoming.

 

 

 

 

 

I dont necessarily think that the lawyer's a vulture here. Her bone of contention is that specific advert on that specific day, and everything else is not pertinent. The advert may be missing the word "from" in relations to advertised prices and/or "T&C applies" is absent.

 

Her motive is perhaps to teach a corporate behemoth like MH to not be reckless with advertisements.

 

Hence, whatever comments that you may have about MH booking engine, etc may be off the mark as the Bernama article focused on a particular advert, further details of which were not forthcoming.

 

 

 

 

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this happens everywhere, not only in MAS, even in the budget carrier. they cant bring the overcharged of $1TWD into court. This was what i faced last time when they called in into our call center and complaint about.

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Which lawyer firm she is from and which university did she graduate from?

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there's an assumption from her part. Apparently she assumed KUL-MEL is equal to MEL-KUL...

 

The advert says KUL-MEL ... not MEL-KUL...

 

so MH can actually sells KUL-MEL for MYR734 and sells MEL-KUL for MYR2200++

__________________________________

 

I've missed a lot MH cheap fare campaign simply MH just offer cheap KUL-FRA... not FRA-KUL

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