Thailand Law Library

by Thailand Lawyer

Liability of the carrier in the case of destruction, loss, damage or delay is limited to nineteen Special Drawing Rights per kilogramme unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum.

In the case where the consignor has made a special declaration and paid a supplementary sum under 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.

In the case of destruction, loss, damage, or delay of part of the cargo or any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages which is of destruction, loss, damage or delay as the case may be.

In the case of destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or by the same receipt or the same record by any other means as prescribed under section 24 paragraph two, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability of the carrier.

The limit of liability under section 39 shall not affect the Ruling of the Court on the court fee and prosecution expense including interest to the plaintiff.

The provision in 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 in sum the plaintiff received shall not exceed the limit of liability prescribed in section 39.

Any clause on carriage of cargo 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 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 cargo, 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.

In the case where the person entitled to receive the cargo without complaint, he or she is deemed to be prima facie evidence that there has been the delivery of cargo in good condition in accordance with the air waybill or the cargo receipt or by any other means which preserves the record of the cargo in section 24 paragraph two.

In the case where the damage occurred to the cargo, the person entitled to delivery shall complain, in writing, to the carrier immediately after the damage was found and the latest within fourteen days as from the date on which the cargo 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 cargo was delivered.

In the case where the person entitled to claim cargo 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 under paragraph one, the consignor will have a right of action against the first carrier and the consignee entitled to delivery will have a right of action against the last carriers and further, 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 consignor or the consignee.