Thailand — Civil Aviation Board Regulation No. 101 on passenger rights protection

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• Food, drink and free communications from two hoursFrom two hours of delay the carrier must provide food and beverages, or coupons for them, and free means of communication — telephone calls or email. This is not conditional on the cause.
• Tarmac delay rights, including a right to get offWhile you are held on the aircraft the carrier must maintain adequate ventilation and temperature, keep lavatories available and provide urgent medical care if needed. Once a tarmac delay exceeds three hours with no confirmed departure time, you must be allowed to disembark unless doing so would create a safety or air traffic control problem. Ask the crew to record your request in the flight documentation.
• A voucher only if it is worth at least as muchWhere the regulation provides compensation, a carrier may offer a credit shell, travel voucher or mileage instead — but only of equal or greater value. A voucher worth less than the cash figure does not discharge the obligation, and an expiring voucher is not equal value.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineWrite to the carrier naming Regulation of the Civil Aviation Board No. 101, the flight and the length of the delay, and ask it to state which compensation band applies and what it is paying. Its answer is evidence.Claim direct·typically 30 days
2. 02Civil Aviation Authority of Thailand (CAAT)CAAT enforces Regulation No. 101 and operates a passenger complaints channel. It is also the body that can tell you the correct figure for your band, which is the question we could not answer.Regulator·typically 90 days·official page
3. 03Office of the Consumer Protection Board (OCPB)The OCPB handles consumer complaints generally and is the parallel route where the complaint is about the contract, the fare or misleading information rather than the flight itself.Regulator·typically 90 days·official page
4. 04Consumer Case CourtBinding on themThailand runs a dedicated consumer procedure with no court fee for the consumer and a relaxed burden of proof. It is a realistic route for a disruption claim of any size.Small claims·typically 180 days