Thailand Law Library

by Thailand Lawyer

In regard to carriage of passengers, document of carriage delivered shall include, at least, the followings:

1. an indication of the places of departure and destination;
2. an indication of at least one agreed stopping place in the case where the places of departure and destination are within the territory of a single country but the stopping place being within the territory of another country.

Any other means which preserves the information indicated in paragraph one may be substituted for the delivery of the document. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserve.

The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

The passenger shall be given written notice of the effect of limit liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.

Non-compliance with the provisions of this section shall not affect the existence or the nullity of the contract of air carriage and the contract shall be under the provision of this Act.

Carrier shall be liable to damages occurred to the passenger in respect of death or bodily injury upon the condition that the accident which caused death or bodily injury occurred on board the aircraft or in the course of any of the operations of embarking or disembarking of passengers.

The carrier is liable for damage occurred in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss, or damage occurred on board the aircraft or during any period within which the checked baggage was in the charge of carrier except if the damage resulted from the inherent defect, quality or vice of the checked baggage.

The carrier must admit the damage occurred to the unchecked baggage including the personal items the passenger takes on the aircraft if the damage resulted from its fault or that of its servants or agents.

If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

The carrier is liable for damage occasioned by delay in the carriage by air of passengers or baggage except if it proves that it or its servants and agents took all the measures that could reasonably be required to avoid the damage.

If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.

In the case where the person claiming compensation is not the passenger by reason of death or injury of a passenger, the carrier shall be wholly or partly exonerated from its liability to the passenger to the extent that such negligence or wrongful act or omission caused or contributed to the damage.

The provisions in this Act applies to all the liability provisions in this Act.

For damages arising under section 19 not exceeding one hundred and thirteen thousand and a hundred Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability except if it proves otherwise prescribed in section 13.

The carrier shall not be liable for damages arising under section 10 to the extent that they exceed one hundred and thirteen thousand and a hundred Special Drawing Rights for each passenger if it can prove that:

1. such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
2. such damage was solely due to the negligence or other wrongful act or omission of a third party.

In the case of damages caused by delay in the carriage of passengers as specified in section 12, the liability of the carrier for each passenger is limited to four thousand six hundred and ninety four Special Drawing Rights.