Legal Issues on Airline Liability and the Protection of Passengers’ Rights

Abstract

This research article aims to study (1) legal problems regarding the protection of passenger rights in cases where air carriers cancel or delay flights; (2) Principles of international law, foreign law, and Thai law, including analysis and comparison of legal problems related to measures to protect passenger rights in cases where air carriers cancel flights or delays; and (3) Recommend and draft legal provisions related to measures to protect passenger rights in cases where air carriers cancel flights or delays. This research is qualitative research and collecting data by document research and in-depth interviews. Data were analyzed using content analysis techniques and interpreted comparison.

Findings are as follows: The International Air Carriage Act, B.E. 2558 should be amended. The word “accident” should be defined as the acts or omissions whether from the intention or negligence of the airlines. The airlines have duties to prevent what may cause danger to passengers including the act of others who may cause damages to passengers. Airlines are partly at fault. The prescription of an exemption of airline liability in cases where destination countries make an announcement of closing down as force majeure results in airlines not taking liability for damages. However, it is prescribed that airlines have duties to take care of passengers as needed during the time of their being stranded at airports or the country of origin as necessary and appropriate. It should be prescribed that airlines refund airfares to passengers in cash within seven days. If the refund is not made within the said time, interest at five percent must be charged. The prescription should be made for passengers to have the right to receive punitive damages not higher than two times of the actual value of damages.