Travel bookings gone wrong. Can you get your money back?

You make travel bookings for flight tickets or accommodation after being offered an attractive price. The bookings subsequently fall through, and the person you dealt with blames the platform behind the arrangement.

Does that leave you with no claim against the person who made the promises?

In Lai May Chee v Chow Jia Hong & Anor, the Kuala Lumpur Sessions Court found the first defendant liable following a full trial. The decision illustrates how promises made through social media and messaging applications can form part of an enforceable contract.

What happened?

The first defendant approached the plaintiff through Instagram, offering flight tickets and accommodation at prices below market rates. The arrangement also involved commissions for the plaintiff and cashback for customers she introduced.

Relying on those promises, the plaintiff proceeded with bookings and referred customers. When bookings were not fulfilled, she incurred expenses arranging alternative flights and accommodation and making payments to affected customers. Commissions also remained unpaid.

The plaintiff sought to recover her losses and outstanding loans from the first defendant.

The first defendant argued that the problems arose from the third-party platform, MyTraveloop LLC, and that he was merely a participant in its system rather than its owner or operator.

What did the court decide?

In its decision dated 17 July 2026, the Sessions Court found that the first defendant had breached his contract and duty of care towards the plaintiff.

The court recognised a contractual relationship arising from his representations and the parties’ conduct. His promises concerning commissions and cashback, recorded in WhatsApp conversations, formed part of that arrangement.

The court allowed the following claims against him:

• RM277,350.50 for the plaintiff’s proven losses;
• RM30,555.15 in outstanding commissions; and
• RM14,000 for repayment of a friendly loan.

These amounts totalled RM321,905.65, apart from interest, costs and general damages. The court also awarded costs of RM13,700 and interest at 5% from judgment until full payment. General damages for breach of contract and duty of care were left to be assessed.

A separate claim for an outstanding RM3,500 loan was withdrawn because it had already been repaid.

Travel bookings: why did the online conversations matter?

The absence of a formal signed agreement did not prevent the court from finding a contract between the plaintiff and the first defendant.

The messages helped establish what he had promised and the basis on which the plaintiff proceeded. Bank records, booking documents, detailed loss calculations and evidence of replacement arrangements also supported the claim.

The outcome was therefore not based simply on the fact that travel bookings had failed. It depended on identifying the first defendant’s own obligations and proving the resulting losses.

What should you do if your travel bookings fall through?

Keep the complete conversation. Preserve the original messages showing the quotation, promised booking arrangements, payment instructions, refund terms and subsequent explanations. Keep the surrounding conversation rather than only isolated screenshots.

Match each payment to a booking. Prepare a simple list identifying the traveller, booking, amount paid, recipient and what was not provided. Attach the relevant receipts and booking confirmations.

Record what you spent putting things right. If you purchase replacement tickets, arrange alternative accommodation or refund customers, retain the receipts and explain why those expenses were necessary. Deduct any refunds already received.

Identify who actually undertook the obligation. The person who made the promise, the recipient of the money and the platform operator may be different parties. Establish what each person agreed to do and retain the evidence of those promises.

The practical question is what was promised, who was responsible for delivering it, and what loss can be proved.

Messrs. Koo Jia Hung acted for the plaintiff in this matter.

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