This Notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention or the Warsaw Convention.
Passengers on a journey involving an ultimate destination or a stopover in a country other than the country of departure are advised that international treaties, such as the Montreal Convention, or the parts replacing the Warsaw Convention, including the amendments thereto (the Warsaw Convention System), may apply to the entire journey, including any portion thereof within a country. For such passengers, the applicable treaty/treaties, including special contracts of carriage embodied in any applicable tariffs, governs and may limit the liability of the carrier.
EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention in prescribing limitations for all carriage of passengers and baggage by air. Many non-European Community carriers have elected to apply the said provisions on the carriage of passengers and baggage.
In this regard, the scope of liability of a carrier shall be as provided under the International Air Carriage Act B.E. 2558 (2015).
There are no financial limits to the liability for passenger injury or death. For damages up to SDR 113,100 (the SDR interest can be found at www.imf.org). The air carrier cannot deny claims for compensation but is able to defend itself against a claim, with respect to the above amount, provided that it can prove that the damage was not a result of its negligence or unlawful act or omission.
In the case of passenger delay, the air carrier is liable for damage unless it is demonstrated that such carrier had taken all reasonable measures to avoid damage or that it was impossible to implement such measures. The liability for passenger delay is limited to SDR 4,694 (the SDR interest can be found at www.imf.org).
In the case of baggage delay, the air carrier is liable for damage unless it is demonstrated that such carrier had taken all reasonable measures to avoid damage or that it was impossible to implement such measures. The liability for baggage delay is limited to SDR 1,131 (the SDR interest can be found at www.imf.org).
The air carrier is liable for destruction, loss or damage to baggage of up to SDR 1,131 (the SDR interest can be found at www.imf.org). In the case of checked baggage, the air carrier shall be liable even if such destruction, loss or damage is not due to a fault or error attributable to the air carrier, unless the baggage was defective. In the case of unchecked baggage, the carrier shall only be held liable if such destruction, loss or damage is due to a fault or error attributable to the carrier.
We accept inadequately-packed, fragile, and perishable baggage, provided that a Limited Release Baggage Tag (LRT) is completed. Baggage with pre-existing damage are likewise accepted and identified with a Limited Release Baggage Tag.
The Limited Release Baggage Tag releases the airline from liability for damage arising out of any pre-existing defect or damage on the baggage or its unsuitability for carriage due to the negligence or an unlawful act or omission on the part of passengers.
A passenger can benefit from a higher liability limit by making a special declaration or giving notice thereof at the latest at check-in and by paying a supplementary fee (insurance).
The compensation is limited to SDR 16,600 (the SDR interest can be found at www.imf.org) in respect of death or bodily injury in the case that the Hague Protocol of the Convention applies, or SDR 8,300 (the SDR interest can be found at www.imf.org) if solely the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from, or with an agreed stopping place located in US territory, the limit shall be a minimum of USD 75,000.
In the case of passenger delay, the air carrier is liable for damage unless it is demonstrated that such carrier had taken all reasonable measures to avoid damage or that it was impossible to implement such measures.
In the case of baggage delay, the air carrier is liable for damage unless it is demonstrated that such carrier had taken all reasonable measures to avoid damage or that it was impossible to implement such measures.
Compensation for loss of or damage to baggage is limited to USD 20 per kilogram.
We accept inadequately-packed, fragile, and perishable baggage, provided that a Limited Release Baggage Tag (LRT) is completed. Baggage with pre-existing damage are likewise accepted and identified with a Limited Release Baggage Tag.
The Limited Release Baggage Tag releases the airline from liability for damage arising out of any pre-existing defect or damage on the baggage or its unsuitability for carriage due to the negligence or an unlawful act or omission on the part of passengers.
A passenger can benefit from a higher liability limit by making a special declaration or giving notice thereof at the latest at check-in and by paying a supplementary fee (insurance).
