Title VIII
CARRIAGE
Section 608 A carrier, within the meaning of this Title, is a person who in the usual course of business undertakes to transport goods or passengers for remuneration.
Section 609 The carriage of goods or passengers by the Royal State Railways Department of Siam or of postan articles by the Post and Telegraph Department are governed by the Laws and Regulations concerning such Department. The carriage of goods by sea is governed by the Laws and Regulations relating thereto.
CHAPTER I
CARRIAGE OF GOODS
Section 610 The person making an agreement with a carrier for the transportation of goods is called the sender or consignor. The person whom the goods are forwarded is called the consignee. The remuneration to be paid for the transportation of the goods is called the freight.
Section 611 The accessories of the freight comprise any customary expenses duly incurred by the carrier in course of transportation.
Section 612 If required by the carrier, the sender must suppy him with a way-bill. The way-bill must show the following particulars:
- The nature of the goods sent, their weight or bulk and the nature, number and marking of the packages
- The place of destination
- The name or trade-name and address of the consigneee
- The plance where and time when the way-bill is made out
The way-bill must be signed by the sender.
Section 613 If required by the sender, the carrier must supply him with a consigment note. The consignment note must show the following particulars:
- Those mentioned in 612, subsections 1,2,and 3
- The name or trade-name of the sender
- The amount of freight
- The place where and the time when the consignment note is made out
The consignment note must be signed by the carrier.
Section 614 Even though a consignment note has been made out to a named person, it can be transferred by indorsement, unless the indorsement is forbidden in the consignment note.
Section 615 If a consignment note has been made, delivery can be obtained only on its surrender or on proper security being given by the consignee.
Section 616 The carrier is liable for any loss, damage or delay in delivery of the goods entrusted to him, unless he proves that the loss, damage or delay is caused by force majeure or by the fault of the sender or consignee.
Section 617 The carrier is liable for loss, damage or delay caused by the fault of the other carries or persons to whom he entrusted the goods.
Section 618 If the goods were transported by several carriers, they are jointly liable for loss, damage or delay.
Section 619 If the goods are of a dangerous nature or are likely to cause injury to persons or property, the sender must declare their nature before making the contract of carriage, failing which he shall be liable for any injury caused by them.
Section 620 The carrier is not liable for specie, currency notes, bank notes, bills, bonds, shares, debentures, warrants, jewels, and other valuables, unless he is given notice of the value or nature of such goods when they are delivered to him.If their value is declared, the liability of the carrier is limited to such declared value.
Section 621 Compensation in case of delay in delivery cannot exceed the amount which could be awarded in case of total loss of goods.
Section 622 The carrier must notify the consignee as soon as the goods arrive.
Section 623
Section 633 If the goods were transported by several carriers, the last of them can exercise the rights described in Section 630, 631, 632 for the amounts due to them all for freight and accessories.
CHAPTER II
CARRIAGE OF PASSENGERS
Section 634 The carrier of passengers is liable to a passenger for personal injuries and for the damages immediately resulting from delay suffered by reason of the transportation, unless the injury or delay is caused by force majeure or by the fault of such passenger.
Section 635 Luggage entrusted to the carrier in time must be delivered on the arrival of the passenger.
Section 636 If the passenger does not take delivery of the luggage within one month after its arrival, the carrier can sell it by public auction.If the luggage is of a perishable nature, the carrier can sell it by public auction twenty-four hours after its arrival.The provisions of section 632 apply mutatis mutandis.
Section 637 The rights and liabilities of the carrier for the luggage which has been entrusted to him are governed by Chapter I, even though the carrier did not make a separate charge for it.
Section 638 No liability is incurred by the carrier for the luggage which has not been entrusted to him, unless such luggage is lost or damaged by the fault of the carrier or of his employees.
Section 639 A provision in a ticket, receipt or such other document delivered by the carrier to the passenger excluding or limiting liability of the carrier is void, unless the passenger expressly agreed to such exclusion pr limitation of liability.
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