New flight delay and cancellation law takes effect in Thailand

The Civil Aviation Authority of Thailand (CAAT) has announced new passenger protection regulations under Civil Aviation Board Notification No 101, which are designed to enhance the rights of passengers on both domestic and international scheduled flights.

Under the new regulations, airlines must provide support and compensation for international flight delays or cancellations without prior notice, especially when passengers have already arrived at the airport.

For delays over 2 hours

• Airlines must offer complimentary food and beverages or coupons appropriate to the time of day and length of the delay.
• Airlines must provide free communication tools, such as access to phone calls or email.

For delays over 5 hours

In addition to the above, airlines must:

• Compensate passengers with 1,500 baht in cash, or an equivalent in credit shells, travel vouchers, frequent flyer miles, or other forms of equal value, within 14 days of the incident.
• Provide accommodation and transfers if an overnight stay is required.
• Offer passengers the option to cancel their journey and receive a full refund, or alternative forms of compensation such as travel credit or vouchers.

For delays over 10 hours

Airlines are required to provide the same support as for delays exceeding two and five hours, including complimentary meals and beverages, communication facilities, accommodation and transfers (if necessary), as well as the option to cancel the journey and receive a full refund or alternative compensation.

However, cash compensation or compensation in alternative forms, to be paid within 14 days from the date of the incident, will be increased based on flight distance as follows:

• 2,000 baht for flights not exceeding 1,500 kilometres
• 3,500 baht for flights between 1,500 and 3,500 kilometres
• 4,500 baht for flights over 3,500 kilometres

In case of international flight cancellations or denied boarding

Passengers are entitled to the same level of compensation as for delays exceeding 10 hours, unless the airline notifies passengers at least seven days in advance, or gives notice within seven days but offers an alternative flight departing within three hours of the original time, or if the cancellation is due to unforeseeable and unavoidable circumstances despite the airline having taken appropriate measures.

Updated compensation for domestic flights

For domestic flight issues, compensation has also increased:

• Delays over five hours: from 600 baht to 1,200 baht
• Cancellations: from 1,200 baht to 1,500 baht

Airlines may also offer credit shells, travel vouchers, or mileage points instead of cash, provided they are of equal or greater value. These do not apply in force majeure or unavoidable situations.

Tarmac delay protections

For delays where passengers are kept on the aircraft while it's still on the ground (tarmac delays), airlines must:

• Provide adequate ventilation, temperature control, access to lavatories and urgent medical care if needed.
• Allow passengers to disembark if the delay exceeds three hours without a confirmed take-off time, unless doing so poses a safety or air traffic control risk.

The CAAT emphasises that Notification No 101 marks a significant step in raising passenger protection standards in Thailand's aviation industry. The authority will work closely with airlines and the public to ensure awareness and compliance for the benefit of all travellers.