Thailand: Protection of Rights of Passengers Using Thai Airlines for Domestic Flights

Under the new rules, airline operators must obtain prior permission from the Department of Air Transportation before cancelling and/or combining flights unless there are reasonable grounds for doing so, in which case, the Department must be notified of the reason and necessity for the cancellation and/or combining of flights. Additionally, every passenger must be given at least 24 hours notice of the flight cancellation and/or combining of flights.

With regard to delayed flights, if a passenger agrees to travel on the next flight of the same operator or of another operator whose aircraft flies the same route, the former operator must promptly comply with the passenger’s wish. If there are no other flights and the passenger agrees to proceed to the destination airport or the airport closest to the destination airport, the operator must bear the costs and expenses incurred therefrom. If the passenger does not wish to travel, the operator must reimburse the ticket price and any other charges collected from the passenger in full and without delay. In cases where the passenger has received a boarding pass, but the flight is delayed, due to whatever reason, if such delay is of more than three hours, the operator is provide the passenger with meals and/or accommodation without delay and suitable to the circumstances.

In the event of an aircraft accident causing injury to passengers, the airline operator has to pay for the total amount of medical costs incurred by the injured person within 10 days after being notified by that person or by his/her heir. In addition, the operator has to pay for funeral costs and incidental expenses thereto at the initial amount of not less than Bht. 100,000 (approximately US$2,500) within 10 days after being notified by the heir of the injured person. These rights do not preclude the heir’s right to claim compensation as well as other indemnities to which he/she is entitled by law.

Failure of an airline operator to comply with the above conditions is an offence and a fine not exceeding Bht. 20,000 will be imposed. If the operator continues to commit any offence he will be subject to a daily fine not exceeding Bht. 1,000 per day for so long as such breach continues. If the airline operators’ violation is committed with intent and causes hardship to a large number of passengers, the Department of Air Transportation will consider revoking or suspending the operators’ licence, either totally or partially, for trading in the aviation business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.