Section Code: 0016 - 0023
INTERNATIONAL AIR CARRIAGE ACT
B.E. 2558 (2015)
BHUMIBOL ADULYADEJ, REX;
Given on the 7th Day of February B.E. 2558;
Being the 70th Year of the Present Reign.
In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to one thousand one hundred and thirty one Special Drawing Rights for each passenger except if at the time when the checked baggage was handed over to the carrier, the passenger has made a special declaration of interest in the delivery at destination and has paid a supplementary sum if the case so requires.
In the case where the passenger has made a special declaration and paid a supplementary sum as specified in paragraph one, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.
The provisions in section 15 and section 16 shall not apply if it proves that the damage resulted from the wrongful act or omission of the carrier, servant or agent of the carrier by intentionally caused the damage or omitted despite knowing that the damage could happen. In this regard, if it is the act or omission of the servant or agent of the carrier, it has to be proved that the servant or agent of the carrier has acted within the scope of their work.
Limit of liability prescribed in section 14, section 15 and section 16 shall not affect the ruling of the Court specifying the Court fee and expense of the litigation incurred to the plaintiff including interest.
The foregoing provision under paragraph one shall not apply if the amount of the damages awarded does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage or before the commencement of the action and, by calculation, the award the plaintiff received does not exceed limit of liability prescribed in section 14, section 15, or section 16, as the case may be.
Any clause on carriage of passengers and baggage which aims to exonerate the carrier from being liable or aims to limit liability to be lower than the provisions in this Act shall be deemed to be void and null and nullity of such clause shall not render the whole contract void and the contract shall be valid under this Act.
In the case where the aircraft accident occurred resulting in the death or injury of passengers, the carrier shall make advance payments to the persons who are entitled to claim compensation to meet the immediate economic needs of such person without delay.
Such advance payment shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.
In the case where an action is brought against a servant or agent of the carrier arising out of damage under this Act in relation to the carriage of passengers and baggage, if the servant or agent of the carrier proves that they acted within the scope of their employment, the servant or agent of the carrier is entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Act.
The aggregate of the amounts recoverable from the carrier, its servant and agent shall not exceed the said limit of liability.
The provision in paragraph one and paragraph two shall not apply if it can be proved that the damage resulting from the commission of an act or omission of the servant or agent of the carrier done with intent to cause damage or negligently despite knowing that the damage may occur.
In the case where the person entitled to receive baggage has a checked baggage delivered without complaint, he or she is deemed to be prima facie evidence that there has been the delivery of checked baggage in good condition in accordance with the baggage identification tag or with the document of deliver preserved in section 9 paragraph two.
In the case where the damage occurred to the checked baggage, the person entitled to delivery shall complain, in writing, to the carrier immediately after the damage was found and the latest within seven days as from the date on which the baggage was delivered.
In the case of delay in carriage, the person entitled to delivery shall complain in writing to the carrier within twenty one days as from the date on which the baggage was delivered.
In the case where the person entitled to claim baggage does not complain within the time period specified in paragraph two or paragraph three, the carrier cannot be sued expect in the case of fraud of the carrier.
In the case of carriage to be performed by various successive carriers which constitutes a single carriage and is not divided under section 4 paragraph three, each carrier shall be under the provision of this Act and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of carriage which is performed under its supervision.
In the case of carriage in paragraph one, the passenger or the person entitled to claim compensation relating to that passenger will have a right of action against the carrier which performed the carriage during which the accident or delay took place except in the case where the first carrier has assumed liability for the whole journey.
In regard to the baggage, the passenger will have a right of action against the first carrier and the last carriers including each may take action against the carrier which performed the carriage during which the destruction, loss, damage, or delay took place. These carriers will be jointly and severally liable to the passenger.