วันอาทิตย์ที่ 1 มีนาคม พ.ศ. 2558

คำแปล พรบ การรับขนทางอากาศระหว่างประเทศ พ.ศ. 2558 โดยนางณัฏฐนิชา เอนกสมบูรณ์ผล (c) 2558

Translation[1]

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




[1]©2015, Ms Natthanicha Aneksomboonphon, Office of the Council of State <aneksomboonphon.natthanicha@gmail.com> 

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