INTERNATIONAL AIR CARRIAGE ACT
B.E. 2558 (2015)
BHUMIBOL ADULYADEJ, REX;
Given on the 7th Day of February B.E. 2558;
Being the 70th Year of the Present Reign.
His
Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas
it is expedient to have a law on international air carriage;
Be
it, therefore, enacted by the King, by and with the advice and consent of the
National Legislative Assembly as follows:
Section
1. This Act is called
“International Air Carriage Act B.E. ….”.
Section
2. This Act shall come into force
after the expiration of ninety days from the date of its publication in the
Government Gazette.
Section
3. In this Act:
“air
carriage” means carriage of passengers, baggage or object by air by an
aircraft;
“domestic
air carriage” means carriage of passengers, baggage or object by air by an
aircraft which the contracting party agrees that the places of departure and destination
are within the territory of a country but it does not include an international
air carriage under section 4 paragraph two and paragraph three;
“passenger”
means a person whom the carrier allows him or her to travel on the aircraft and
is not the aircraft crew;
“baggage”
means checked and unchecked baggage;
“checked
baggage” means the baggage in charge of the carrier and the carrier has issued
a baggage identification tag;
“unchecked
baggage” means a baggage in charge of the passenger besides of the checked baggage;
“cargo”
means an asset which the consignor delivers to be in charge of the carrier for
the purpose of air carriage;
“aircraft”
means an aircraft under the law on aviation;
“carrier”
means a person who operates the business of air carriage whether it is the
carrier under the contract or the actual carrier and it shall mean a person who
is a carriage of passengers, baggage or object by air by the aircraft;
“carrier
under the contract” means a carrier who makes the contract on air carriage with
a passenger, consignor, or any person who acts on behalf of the passenger or
consignor;
“actual
carrier” means a carrier who operates the air carriage in whole or in part of
the route by using the authority of the carrier under the contract;
“consignor”
means a person who is the contracting party to the carrier to deliver object in
accordance with the air carriage contract;
“consignee”
means a person who is identified as the consignee in the Air waybill ,receipt
or in a note which the data appears by any other means in the case where there
is no Air Waybill or receipt as the case may be;
“servant”
means a person who work for the carrier regardless of remuneration;
“Special Drawing Right” means the
Special Drawing Right in accordance with the law on authorization of and some
provisions relating to Special Drawing Right in the International Monetary
Fund.
Section 4. This Act shall apply to the international air carrier with
charge and it shall include international air carrier without charge operated
by a person who is the commercial air carrier.
The international air carriage under
paragraph one means carriage of passengers, baggage or object by air by the
aircraft which the contracting parties agreed that the places of departure and
destination are in the territories of two countries or are in the territory of
one country but the stopping places being within the territory of another
country whether there is a stopping place during the air carriage or transfer
of carriage.
Carriage to be performed by several
successive carriers is deemed to be one undivided carriage, whether it has been
agreed in one single contract or a series of contracts and if it does not lose
the character of international air carriage merely because one contract of or a
series of contracts is to be performed entirely within the territory of the
same country.
Section 5. This Act shall not apply to the postal carriage which the
carrier shall be liable only to the postal administration in accordance with the
rules applicable to the relationship between the carrier and the postal
administrations.
Section 6. The carrier who operates domestic air carriage, into or out
of the kingdom shall have the liability insurance of the carrier under this
Act.
Rules, means and conditions on the
insurance under paragraph one shall be as prescribed in the Ministerial
Regulation.
In regard to the insurance under
paragraph one, the Director-General of Department of Civil Aviation shall order
the carrier to present the insurance warranty.
In the case of violation or failing
to comply with paragraph one or paragraph three, the competent official with
the authority to grant permission on air carriage shall order the carrier to
stop its domestic air carriage, into or out of the kingdom until such carrier
complies with paragraph one or paragraph three as the case may be.
Section 7. Limits of liability of the carrier under this Act may be
amended as prescribed in Royal Decree.
Section 8. The Minister of Transport shall have charge and
control of this act and shall have the power to prescribe Ministerial
Regulation for the execution of this Act.
The Ministerial Regulation shall
come into force upon its publication in the Government Gazette.
CHAPTER 1
Carriage of passengers and baggage
Section 9. 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.
Section 10. 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.
Section 11. 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.
Section 12. 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.
Section 13. 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.
Section 14. 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.
Section 15. 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.
Section 16. In the carriage of baggage, the liability of
the carrier in the case of destruction, loss, damage or delay is limited to one
hundred and thirty one Special Drawing Rights for each passenger except if at
the time when the checked baggage was handed over to the carrier, the passenger
has made a special declaration of interest in the delivery at destination and
has paid a supplementary sum if the case so requires.
In the case where the passenger has made
a special declaration and paid a supplementary sum as specified in 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.
Section 17. The provisions in section 15 and section
16 shall not apply if it proves that the damage resulted from the wrongful act
or omission of the carrier, servant or agent of the carrier by intentionally
caused the damage or omitted despite knowing that the damage could happen. In
this regard, if it is the act or omission of the servant or agent of the
carrier, it has to be proved that the servant or agent of the carrier has acted
within the scope of their work.
Section 18. Limit of liability prescribed in section
14, section 15 and section 16 shall not affect the ruling of the Court
specifying the Court fee and expense of the litigation incurred to the
plaintiff including interest.
The foregoing provision under
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, by calculation, the award the
plaintiff received does not exceed limit of liability prescribed in section 14,
section 15, or section 16, as the case may be.
Section 19. Any clause on carriage of passengers and
baggage 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.
Section 20. In the case where the aircraft accident
occurred resulting in the death or injury of passengers, the carrier shall make
advance payments to the persons who are entitled to claim compensation to meet
the immediate economic needs of such person without delay.
Such advance payment shall not
constitute a recognition of liability and may be offset against any amounts
subsequently paid as damages by the carrier.
Section 21. 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 passengers and baggage, 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.
The provision in paragraph one and
paragraph two shall not apply if it can be proved that the damage resulting
from the commission of an act or omission of the servant or agent of the
carrier done with intent to cause damage or negligently despite knowing that
the damage may occur.
Section 22. In the case where the person entitled to
receive baggage has a checked baggage delivered without complaint, he or she is
deemed to be prima facie evidence that there has been the delivery of
checked baggage in good condition in accordance with the baggage identification
tag or with the document of deliver preserved in section 9 paragraph two.
In the case where the damage
occurred to the checked baggage, the person entitled to delivery shall complain,
in writing, to the carrier immediately after the damage was found and the
latest within seven days as from the date on which the baggage 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 baggage was delivered.
In
the case where the person entitled to claim baggage 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.
Section 23. 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 in paragraph
one, the passenger or the person entitled to claim compensation relating to
that passenger will have a right of action against the carrier which performed
the carriage during which the accident or delay took place except in the case
where the first carrier has assumed liability for the whole journey.
In regard to the baggage, the
passenger will have a right of action against the first carrier and the last
carriers including 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 passenger.
CHAPTER 2
Carriage of cargo
Section
24. 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.
Section 25. 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.
Section 26. 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.
Section 27. 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.
Section 28. 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.
Section 29. 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.
Section 30. 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.
Section 31. 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.
Section 32. When the consignor has carried out all the
obligations under the contract of carriage, the consignor has the right to dispose
the cargo as follows:
(1) to withdraw it at the airport of
departure or destination;
(2) to stop it in the course of the
journey on any landing;
(3) to deliver at the place of
destination or in the course of the journey to a person other than the
consignee originally designated;
(4) to require it to be returned to
the airport of departure.
The consignor must not exercise the
right of disposition in such a way as to prejudice the carrier or other
consignors and must reimburse any expenses occasioned by the exercise of this
right.
If it is impossible to carry out the
instructions of the consignor, the carrier must so inform the consignor
forthwith.
If the carrier carries out the
instructions of the consignor for the disposition of the cargo without
requiring the production of the part of air waybill or the cargo receipt
delivered to the latter, the carrier will be liable, for any damage occurred thereby
to any person who is lawfully in possession of that part of the air waybill or
the cargo receipt. This shall be without prejudice to its right of recovery
from the consignor.
The right conferred on the consignor
ceases at the moment when that of the consignee begins in accordance with
section 33. Nevertheless if the consignee declines to accept the cargo, or
cannot be communicated with, the consignor resumes its right of disposition.
Section 33. Except when the consignor has exercised its
right under section 32, the consignee is entitled, on arrival of the cargo at
the place of destination, to require the carrier to the cargo to it, on payment
of charges due and on complying with eh condition of carriage.
The carrier has the duty to notify
the consignee when the cargo arrives unless it is otherwise agreed.
If the carrier admits the loss of
the cargo, or if the cargo has not arrived at the expiration of seven days
after the date on which it ought to have arrived, the consignee is entitled to
enforce against the carrier the rights which flow from the contract of
carriage.
Section 34. The consignor and the consignee can
respectively enforce all the rights given to them by section 21 and section 33
each in its own name, whether it is acting in its own interest or in the
interest of another, provided that the consignor or the consignee must comply
with all the obligations imposed by the contract of carriage.
Section 35. The provisions in section 32, section 33
and section 34 shall not affect either the relations of the consignor and the
consignee with each other or the mutual relations of third parties whose rights
are derived either from the consignor or the consignee.
The provisions of section 32,
section 33 and section 34 can only be varied by express provision in the air
waybill or the cargo receipt.
Section 36. The consignor must furnish information and
documents necessary to meet the formalities of customs, police and any other
similar public authorizes before the cargo can be delivered to the consignee.
The consignor shall be liable to the carrier for any damage occasioned by the
absence, insufficiency or irregularity of any such information or documents,
unless the damage is due to the fault of the carrier, its servants or agents.
The carrier is under no obligation
to enquire into the correctness or sufficiency of such information or
documents.
Section 37. The carrier shall be liable for damage
sustained in the event of destruction or loss of, or of damage to cargo upon
the condition only that the event which caused the damage so sustained took
place during the carriage by air.
The carrier shall not be liable if
it proves that the destruction, or loss of, or damage to, the cargo resulted
from one of the followings:
(1) inherent defect quality or vice
of that cargo;
(2) defective packing of that cargo
performed by a person other than the carrier or its servants or agents;
(3) an act of war or an armed
conflict;
(4) an act of public authority
carried out.
The carriage by air under this
section shall include the period during which the cargo is in the charge of the
carrier.
The period of the carriage by air
does not extend to any carriage by land, by sea or by inland waterway performed
outside an airport except the followings:
(1) such carriage by land, by sea or
by inland waterway takes place in the performance of a contract for carriage by
air for the purpose of loading, delivery or transshipment. In such case, it
shall be presumed that the damage resulted from the event which took place
during the carriage by air except if it can be proved otherwise;
(2) the carrier, without the consent
of the consignor, substitutes carriage by another mode of transport for the
whole or part of a carriage intended by the agreement between the parties to be
carriage by air, such carriage by another mode of transport is deemed to be
within the period of carriage by air.
Section 38. The provisions in section 12 shall apply
to the liability of the carrier for the damage resulted in the event of delay mutatis
mutandis.
Section 39. 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.
Section 40. 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.
Section 41. 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.
Section 42. 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.
Section 43. 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.
Section 44. 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.
Section 45. 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.
CHAPTER 3
Combined Carriage
Section
46. 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
Section
47. 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.
Section 48. 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.
Section 49. 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.
Section 50. 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.
Section 51. 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.
Section 52. 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.
Section 53. 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.
Section 54. 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.
Section 55. The right to damages shall be extinguished
if an action is not brought within a period of two years, reckons from the date
of arrival at the destination, or from the date on which the aircraft ought to
have arrived or from the date on which the carriage stopped, as the case may
be.
Section 56. In the case of an action brought under this
Act, the conversion of Special Drawing Right to Thai Baht shall be calculated
as from the date that the Court delivered its judgment in accordance with the
method of valuation prescribed by the Bank of Thailand.
CHAPTER 6
Domestic Carriage by Air
Section
57. The provisions in this Act shall
apply to domestic carriage by air mutatis mutandis.
Section 58. Cases on domestic carriage by air shall fall
within the jurisdiction of the Intellectual Property and International Trade
Court.
TRANSITORY PROVISION
Section
59. Cases on domestic carriage which
are in consideration of the Court before this Act has come into force shall be continued
to be considered and complete by such Court and it shall be deemed that such
cases are not air carriage cases under this Act.
Countersigned by:
General Prayut Chan-O-cha
Prime Minister
