Summary of the International Air Carriage Act 2015
The International Air Carriage Act (“Act”) has recently become law in Thailand. The law follows the Montreal Convention of 1999, which covers air carrier liability for accidents, delays, and cargo losses. The Act does not cover postal carriage. Prior to the implementation of this law, claims against air carriers were brought under the tort provisions in the Civil and Commercial Code.
There are no financial limits to the liability for passenger injury or death. For damages up to 113,000 SDRs (approximately 5.3 million baht) the air carrier cannot contest claims for compensation unless the carrier can prove that the negligence or omission of the person claiming compensation was the cause of the damage. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
The air carrier is liable for destruction, loss or damage to baggage up to 1131 SDRs (approximately 53,253 baht) for each passenger. The limit does not apply if it is proven that the damage was the result of an intentional act by the carrier, servant, or agent of the carrier. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if they or their agents are at fault.
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDR (approximately 221,000 baht).
The Act specifically states that “any clause on carriage of passengers and baggage which aims to exonerate the carrier from liability or attempts to limit the liability to be lower than the provisions of the act” shall be deemed “void and null.” This means that the carrier cannot reduce its liabilities by contract. The Act applies to both domestic and international carriers.
Category: Foreign Related Laws
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