What counts as force majeure in Thailand, and does a force majeure clause really release you from liability?

Contract Assembly Agreement

• Under Thai law, when the customer supplies the materials and the work is destroyed or damaged before delivery without fault of the contractor, the loss falls on the customer. This Agreement makes the Assembler responsible for parts lost while in its custody, but a genuine force majeure event, such as a flood, remains your risk.
• The Assembler must insure your parts and Products for at least … (Clause 22.1). Ask for the certificate each year and check that it names you as owner or loss payee and covers the full value of stock at peak production.- You chose not to require insurance from the Assembler. Consider insuring your parts at the facility in your own name, especially against flood and fire.
• Your parts remain yours. If a creditor of the Assembler seizes them, or the Assembler becomes insolvent, show the receipts, the stock reports and this Agreement to the enforcement officer or administrator and apply for their release. Keep those documents where you can reach them quickly.

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Domestic Transportation Agreement

• Liquidated damages are …% of the Fees for the late Shipment per day, capped at …% (Clause 11.1). They never apply to delays caused by force majeure, road closures ordered by the authorities, or the Customer or consignee (Clause 11.2).
• Thai law treats liquidated damages as a penalty that a court may reduce if excessive (Civil and Commercial Code section 383). Clause 11.3 lets the Customer claim them even after accepting a late Shipment, but Thai law normally expects a creditor who accepts late performance to reserve the right to a penalty at that time (section 381, third paragraph). So note "accepted late, liquidated damages reserved" on the Delivery Receipt or in an email when a Shipment arrives late.

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Equipment Deposit and Storage Agreement

• In Thai law this is a deposit (Civil and Commercial Code s.657): the warehouse takes the Equipment into its own custody and must return it. It is not a lease of warehouse space. If you want your own locked space and to look after the goods yourself, use a warehouse lease instead.
• Because the warehouse is paid and storage is its business, it must use the care and skill of a professional storage provider (s.659, third paragraph; Clause 3.1). If it uses the Equipment, or hands it to someone else to store without consent, it is liable even for loss caused by force majeure (s.660; Clause 7.1).
• No particular form is required. The deposit takes effect when the Equipment is handed over, so the Receiving Report signed on delivery (Clause 2.2, Schedule 2) is the key evidence of what was deposited and in what condition.

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Exhibition Participation Agreement

• If you cancel or reduce your space, the charge is …% of the fee with at least … days' notice, …% with at least … days' notice, and …% after that (Clause 10.1), less any fee the Organiser receives for re-selling the space (Clause 10.2).
• If the Organiser cancels for its own reasons, you receive all payments back; if force majeure cancels the show, the Organiser may deduct documented costs of up to …% of the fee (Clause 11). Your own travel and stand costs are not refunded unless the Organiser is at fault (Clause 11.5), so consider event cancellation insurance.

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Product Pre-Order Agreement

• Set a Latest Delivery Date that you can really meet. After that date the Buyer may cancel and must be repaid with interest at 5% per year from the date you received each payment (Clause 5.4). A force majeure event does not move that date (Clause 12.2).
• The Advance Payment of … is part of the Price, not a deposit that can be forfeited (Clause 4.3). Under Thai law a deposit is a separate thing, and a court can reduce a forfeiture that is excessive. If the Buyer fails to pay the balance, you may keep only your actual loss shown with documents (Clause 4.6).
• You promised to keep pre-order payments in a separate bank account until delivery (Clause 4.4). Open the account before the first payment and use it only for making the Products and for refunds.
• The pre-order goes ahead only if at least … units are pre-ordered by … (Clause 2.3). Tell every buyer the result within 3 Business Days after that date, and refund in full within … days if the minimum is not reached.
• A sale of goods with a price of 20,000 THB or more can be enforced in court only if there is written evidence signed by the party liable, a deposit, or part performance (Civil and Commercial Code section 456). Have both Parties sign this Agreement.

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Retreat Participation Agreement

• The deposit is part of the Price. Cancellation charges are only those in Clause 9.2, and the Organiser refunds the charge if it fills the place. A court may reduce a charge that is higher than the Organiser's real loss (Civil and Commercial Code section 383).
• Cancellation for serious illness with a doctor's certificate costs at most the non-recoverable third-party costs, up to …% of the Price (Clause 9.3). A place may be transferred to someone else free of charge with 7 days' notice (Clause 9.4).
• If the Organiser cancels, or force majeure prevents the Retreat, all money is refunded within 14 days (Clauses 8.2 and 10.2).

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Tour Booking Agreement

• Tell the Customer at once of any significant change before departure and offer a choice between accepting it with a price reduction or cancelling with a full refund (Clause 6.2).
• If fewer than … travellers book, you may cancel only by notice given at least … days before departure, with a full refund (Clause 7).
• If the Tour is cancelled because of force majeure, refund everything within 14 days, except items issued in a traveller's name on the Customer's instructions that cannot be refunded (Clause 10.2). During the Tour, arrange alternatives and assistance, including up to 3 nights' accommodation if travellers are stranded (Clause 10.3).
• Every refund in this Agreement is due within 14 days. Pay it by the same method the Customer used, where possible.

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Wedding Planning Agreement

• You may postpone once with notice of at least … days (Clause 8.1).
• Cancellation charges on the Planning Fee: …% if the Planner receives your notice at least … days before the Wedding, …% if at least … days before, and …% after that (Clause 8.2). Send the notice by email, not by chat message (Clause 15.1).
• If force majeure, such as a flood warning or a travel ban, stops the Wedding, the payments move to a new date within 18 months, or you receive a refund less the work done, capped at …% of the Planning Fee (Clause 10.3).
• Consider travel and wedding insurance for Guests who fly in. It covers losses that this Agreement leaves with you.

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Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-B561F7. If you reuse this content, please credit the author and link to the original.