Thailand Law Library

by Thailand Lawyer

Chapter 3: Combined Carriage

Subject to the provision of section 37 paragraph four, in the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Act shall apply only to the carriage by air.

Chapter 4: Carriage by Air Performed by a Person other than the Contracting Carrier

The provisions of this Chapter apply when a person who is the contracting carrier as a principal makes a contract of carriage governed by this Act with a passenger or consignor or with a person acting on behalf of the passenger or consignor and the actual carrier, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Act. Such authority shall be presumed in the absence of proof to the contrary.

If an actual carrier performs the whole of part of carriage which is governed by section 47, both the contracting carrier and the actual carrier shall be under this Act. The contracting party shall be liable for the whole carriage as aimed in the contract while the actual carrier shall be liable for the part performed by it, except as otherwise provided in this Chapter.

The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also the acts and omissions of the contracting party.

In the case of carriage performed by the actual carrier, the acts and omissions of the contracting carrier and those of its servants and agents of the contracting carrier acting within the scope of their employment shall also be deemed to be the acts and omissions of the actual carrier. Nevertheless, no such act or commission shall subject the actual carrier to liability exceeding the amounts referred to in this Act.

Any special agreement under which the contracting carrier assumes obligations not imposed by this Act or any waiver of rights or defences conferred in this Act or any special declaration of interest in delivery at destination contemplated in section 16 and section 39 shall not affect the actual carrier unless agreed to by it.

Any complaint to be made or interaction to be given under this Act to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instruction referred to in section 32 shall only be effective if addressed to the contracting carrier.

In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Act to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that the limit of liability cannot be invoked in accordance with this Act.

In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Act but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.

Any provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or tending to fix a lower limit than that which is applicable according to this Chapter shall be void and null but the nullity of any such provision does not involve the nullity of the whole contract and the contract shall remain subject to this Chapter.

An action for damages in relation to carriage of the passenger, baggage and cargo, regardless of the cause of action under this Act, debt under the contract, obligation from tort or other obligations, shall be brought, subject to conditions and limit of liability provided in this Act.

The plaintiff shall not be awarded with punitive damage or any other damages which is compensation from the action under paragraph one.