DOI: 10.14457/tu.the.2014.468
title: Consumer protection regarding online air ticket booking

description: At the present time, tourism industry is an industry which is enlarged and plays a key role in Thailand’s economic and social system. In addition, it is also a significant income source acquiring foreign currencies as well as it us conducive to the development of transportation infrastructure including trading and investment. According to above reasons; at the present, Thai Government launched the National Tourism Development Plan B.E. 2555-2559 in order to revive and invigorate tourism section as well as to speed up the potentiality to increase national income, distribute income and sustainable development coexistingly. Aviation business is nearly the first one among tourism businesses which an electronic system is applied. The electronic system almost totally changes both form and method of business operation including but not limited to providing service information, marketing communication which satisfies the traveler. In accordance with the characteristic of the electronic system, it is the network globally connected which makes entrepreneur and traveler communicates conveniently even though they live in different hemisphere. The electronic system is deprived of limitation of time zone and place. These make operators of air transportation business begin to establish online reservation channel not only operates directly through their official website (Direct Booking Channels) but the electronic air ticket booking is also conducted by agencies’ websites (Intermediary Channels).Due to the air transportation becomes popular and as a result of using electronic system for online air tick booking is substantially convenient and low cost, the number of online air ticket operators is significantly increased and the business situation is very competitive. Moreover, this online channel also increases customer in the future who is an internet user; in the other word, any traveler who is interested in travelling by an aircraft could surf information on the internet for his consideration and in case of any inquiry, the traveler could contact the entrepreneur via email or other contact channel provided; finally; getting enough and sufficient information, the travel could immediately reserve air-ticket through online system. Thereby, each operator uses its best effort to attract customer and traveler’s attention and the information or conditions of the agreement which is mostly an adhesion agreement may not be provided or set forth straightforwardly. Upon the process of online reservation, the agreement is formed over an internet network; by the operator’s solely discretion without any negotiation or amendment proposed by the customer. Furthermore, most business operator tends to draft the adhesion agreement for its benefit where the inequality provisions are contained therein e.g. an exclusion clause which limits liabilities of the operator in case of flight delay, flight cancellation or in case of denied boarding which affect consumer’s rights.Even though, Thailand has the Consumer Protection Act B.E. 2522 as amended by the Act B.E. 2553, it is just a general law regarding the overview of consumer protection. There are certain defects as well as lack of proper legal measures in order to protect rights of consumer; especially the consumer in the online air ticket booking who is non-predominant party of the contract. In addition, these laws have no secondary law or enforceable regulation and the online air ticket reservation business; which is an electronic commerce as well as the adhesion agreement is contained as a partial of the booking procedure, has not yet been announced to be a business whose contract is controlled in order to create preventive measures. Nevertheless; though, there is the Announcement of the Ministry of Transport on the Protection of Passenger Right Using Thai Air Carriers’ Services for Domestic Scheduled Air Service B.E. 2553 providing the protection of rights of customer who is an aircraft passenger regardless of the method of air ticket booking, this Announcement covers only for a passenger travelling on domestic scheduled flight whose air ticket reservation has already been confirmed. Hence; according to this Announcement, there is a gap of protection because other passengers travelling by international air carriers’ service or by Thai air carriers’ services but on an international routes shall not be protected under this Announcement. Moreover, although the  Unfair Contract Terms Act B.E. 2540 aims to protect consumer’s rights regarding entering into the fairness agreements; to provide protection, the judicial procedure is required which it takes a long period and a burden of expense shall be bear upon the consumer who is damaged from such unfair terms.Due to online air ticket booking is a kind of electronic transaction becoming widespread acceptance and provides lots of information to consumers for their consideration. Consumers have risks when making online reservation. According to the abovementioned; even if Thailand has general laws of consumer protection, it is also lacking of the appropriate legal measures to provide sufficient protection in connection with the online air ticket booking in practice. In this regards, the Committee on Contract should be taken into account to determine online air ticket reservation as a business which its contract is controlled as well as the Announcement of the Ministry of Transport on the Protection of Passenger Right Using Thai Air Carriers’ Services for Domestic Scheduled Air Service should be considered for further amendment on the scope of the passenger whose rights shall be preserved thereunder in order to include all passengers whether travels domestic or international route.