Thailand clarifies passenger compensation after Thai Airways delays

Deputy Transport Minister Siripong Angkasakulkiat said the Ministry of Transport had instructed airlines to care for passengers affected by flight delays or cancellations in accordance with the prescribed rules, following baggage backlogs and service delays at Thai Airways International Public Company Limited.

He said the ministry prioritised passenger rights and required airlines to provide clear information about flight status, passengers’ entitlements and alternative travel arrangements.

Compensation for damage arising from delays in carrying passengers or baggage is governed by the rules on carrier liability under the International Carriage by Air Act 2015 and its amendments.

The legislation sets limits on carriers’ liability for flight delays and baggage that is destroyed, lost, damaged or delayed.

Compensation depends on the applicable rules, conditions and facts of each case.

The Civil Aviation Authority of Thailand (CAAT) outlined airlines’ obligations to provide assistance and compensation for flight delays and cancellations under Civil Aviation Board Regulation No. 101 on Measures to Protect Passenger Rights on Domestic and International Scheduled Flights, as follows.

Delays to scheduled domestic flights

Delays of more than 2 hours

• Airlines must provide suitable food and drinks, or vouchers to purchase them, free of charge.
• Airlines must provide communication facilities, such as telephone or email access.
• If passengers no longer wish to travel, airlines must immediately offer a choice between a full refund of the fare and fees, or travel credit (credit shell), travel vouchers, air miles or another form of reimbursement in place of the fare and fees, subject to the passenger’s agreement.

Delays of more than 3 hours

• Airlines must provide food and drinks, or vouchers to purchase them, free of charge, appropriate to meal times and the length of the wait before boarding.
• Airlines must provide necessary and appropriate communication facilities, such as telephone or email access, free of charge.

If passengers no longer wish to continue their journey, airlines must immediately offer the following options:

• A full refund of the fare and any other fees charged, or travel credit for a future journey, travel vouchers, air miles or another form of reimbursement in place of the fare and fees, subject to the passenger’s agreement.
• A replacement flight to the destination stated on the ticket, or another nearby destination, as soon as possible on the same day, the following day or another day, subject to the passenger’s agreement and the seats the airline can make available.

Delays of more than 5 hours

In addition to passenger care, food and drinks, flight changes or refunds, airlines must pay THB1,200 in cash compensation, or provide travel credit or travel vouchers with the passenger’s agreement.

Delays to scheduled international flights

Delays of more than 2 hours

• Airlines must provide food and drinks, or vouchers to purchase them, free of charge, appropriate to meal times and the length of the wait before boarding.
• Airlines must provide necessary and appropriate communication facilities, such as telephone or email access, free of charge.

Delays of more than 5 hours

• Airlines must provide food and drinks free of charge, appropriate to meal times and the length of the wait before boarding.
• Airlines must provide communication facilities.
• Airlines must pay THB1,500 in cash compensation, or provide travel credit or travel vouchers with the passenger’s agreement, within 15 days of the flight delay.
• Airlines must provide accommodation for one or more nights while passengers await departure, together with transfers to and from the airport, free of charge.

Delays of more than 11 hours

• Airlines must provide hotel accommodation and transfers between the airport and the hotel free of charge. They must also immediately offer passengers all the compensation options below.

Cash compensation must be paid within 14 days of the incident at the following rates:

• THB2,000 for flights covering 2,500 kilometres or less.
• THB3,500 for flights covering more than 1,500 kilometres and up to 3,500 kilometres.
• THB4,500 for flights covering more than 3,500 kilometres.

Alternatively, passengers may receive travel credit for a future journey, travel vouchers, air miles under a frequent-flyer programme or another form of compensation. The value must be no lower than the cash compensation, and it must be provided within 14 days of the flight delay.

Flight cancellations or denied boarding

Airlines must provide the following assistance:

• Food and drinks.
• Communication facilities.
• If the replacement flight is scheduled to depart more than one day after the original scheduled departure, accommodation for one or more nights must be provided as necessary and appropriate, free of charge. Airlines must also provide free transfers between the airport and the accommodation in both directions.

Airlines must also provide THB1,500 in cash compensation, or travel credit for a future journey, travel vouchers, air miles under a frequent-flyer programme or another form of compensation, immediately when a flight is cancelled.

Passengers must be offered all the following options:

• A full refund of the fare, or travel credit for a future journey, travel vouchers, air miles under a frequent-flyer programme or another form of compensation.
• A replacement flight to the original destination or another nearby destination as soon as possible on the same day, the following day or another day, subject to the passenger’s agreement.