Flight Cancellations and the Enforcement of the International Carriage by Air Act, B.E. 2558
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Abstract
Thailand made amendments to the International Carriage by Air Act B.E. 2558 to align with its accession to the Montreal Convention A.D. 1999. However, several issues arose during the implementation of the amended law due to problems in interpretation and non-alignment with the provisions of the Convention, particularly in cases of flight cancellations, which were not explicitly addressed in the law. In accordance with the Adjudication of the President of the Court of Appeal for Specialized Cases at the Intellectual Property and International Trade Court Case Division No. 13/2563, the court ruled that disputes related to flight cancellations fall under the jurisdiction of the Intellectual Property and International Trade Court pursuant to Article 58 of the International Carriage by Air Act B.E. 2558. This ruling led to several issues, including the absence of specific statutory provisions for application but limited rights for claims, the potential loss of consumer protection rights, and the creation of undue hardships in exercising the right to claim. Upon careful examination, it was evident that the aforementioned ruling did not fully adhere to legal principles, and its implementation lacked appropriateness. The author suggests a separation of the dispute. Flight cancellations should be treated as breaches of contract, and consequently, these disputes should fall under the jurisdiction of the general court with competence in consumer cases. This approach aims to facilitate and assist ticket holders as consumers. Importantly, this proposed scheme is not inconsistent with the provisions outlined in Sections 57 and 58 of the International Carriage by Air Act B.E. 2558 and the Montreal Convention A.D. 1999.
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References
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