Problems on Compensation and Prescription for Delayed Flights under Thai Law

Abstract

Air passengers are often protected their rights under two sets of laws, namely, the law on air carriage, which is an international law, and the law on passenger protection, which is a domestic law. Both sets of laws have some overlap, particularly when it comes to delayed flights and prescriptions. It is questionable which law to be applicable. Because the European Union is a pioneer in the regulation on passenger protection, this article will examine how the European Union interprets such issues. This regulation also serves as a model law for Thai law. The article also analyzes an application of the Thai laws and identifies problems in Thai contexts. It proposes solutions that Thailand should repeal a provision on flight delay compensation under the Thai passenger protection and apply a provision under the Thai carriage by air law.