Thailand Law Library

by Thailand Lawyer

In respect of the carriage of cargo, an air waybill shall be delivered.

Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used and the consignor so requested, the carrier shall deliver to the consigner a cargo receipt permitting identification of the consignment and access to the information contained in the recorded preserved by any other means.

The air waybill or the cargo receipt shall include at least one of the followings in section 9 paragraph one including the weight of the consignment.

In the case where it has to meet the formalities of customs, police and similar public authorities, the consignor may be required to deliver a document indicating the nature of the cargo.

The provision in paragraph one shall not result in duties, obligation or liability to the carrier.

The air waybill shall be made out by the consignor in three original parts as follows:

1. the first part shall be marked “for the carrier” and signed by the consignor;
2. the second part shall be marked “for the consignee” and signed by the consignee and by the carrier;
3. the third part shall be signed by the carrier who hand it to the consignor after the cargo has been accepted by the carrier.

The signature of the carrier and that of the consignor may be printed or stamped.

If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

In the case of carriage of multiple packages:

1. the carrier of the cargo has the right to require the consignor to make out separate air waybill;
2. any other means used to substitute the airway bill under section 24 paragraph two, the consignor has the right to require the carrier to deliver separate cargo receipt.

Non-compliance of section 24, section 25, section 26, section 27 or section 28 shall not affect the existence or completeness of the contract of air carriage and such contract shall be under the application of this Act.

The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill by it to on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in section 24 paragraph two.

The foregoing in paragraph one shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

The consignor shall indemnify the carrier against all damage suffered by it or by any other person to whom the carrier is liable, by reason of irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

Subject to the provisions of this section, the carrier shall indemnify the consignor against all damage suffered by it or by any other person to whom the consignor is liable, by reason of irregularity, incorrectness or incompleteness of the particulars and statements furnished by the carrier or its behalf in the cargo receipt or in the record preserved by the other means referred to in section 24 paragraph two.

The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

Any statements in the air waybill or cargo receipt relating to the weight, dimensions and packaging of the cargo, as well as those relating to the number of packages, as prima facie evidence of the fact stated in the air waybill or cargo receipt; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air way bill or the cargo receipt to, have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.