What should a Parking Space Rental Agreement include under Thai law?

1. Definitions and Interpretation
2. Right to Park
3. Access and Use
4. Electric Vehicle Charging
5. Fees and Payment
6. Owner's Obligations
7. Responsibility for Vehicles
8. Personal Data
9. Term and Termination
10. Notices
11. Governing Law and Disputes
12. General

• This Agreement rents parking space. The Owner does not take custody of the Vehicles or their keys (Clause 2.3). In Thai law, a person who takes custody of property for a fee must look after it with the care of a reasonable person in that business; that heavier duty does not apply here. If the Renter wants valet parking or key-holding, that is a different, custodial service with a different price and a different risk.
• The Owner is still liable for its own negligence and for dangerous defects in the Car Park (Clause 7.1). A term that excludes liability for negligence causing death or injury is void, and a clause that excludes all liability for damage to property may be cut down by a court if it is unfair.
• The Car Park is self-service. Check the Renter's car insurance for theft and damage while parked.- The Owner has promised the security service in Clause 6.2. If a Vehicle is damaged or stolen, report it before leaving the Car Park and ask at once for the recordings to be kept (Clause 7.3).

• A reserved bay in a building or on land is treated as a lease of part of the property (Instrument 1 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the total fees. On the Monthly Fee and the Term you entered, the duty is the amount the system calculates from the figures entered on the original and the amount the system calculates from the figures entered on each counterpart, paid by the Owner unless agreed otherwise.- A right to use any available bay may be treated as a service rather than a lease of a particular space. If it is treated as a lease, duty is 1 THB per 1,000 THB of the total fees, which on the figures you entered is the amount the system calculates from the figures entered. Many owners stamp the agreement to be safe; an unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid.
• If the Agreement continues month to month after the Term, further duty may be payable on the extended period.

• Rent for immovable property is exempt from VAT, but a car park operated as a service with staff and other services may be subject to VAT. Check the option you chose in Clause 5.2 with the Owner's accountant.
• A company Renter normally withholds 5% on rent, or 3% if the payment is treated as a service fee, and gives the Owner the certificate (Clause 5.3).

• Register every vehicle and replacement vehicle with the Owner (Clause 3.2), especially if the Car Park uses licence-plate recognition.
• Charge only at approved chargers (Clause 4). Charging from an ordinary socket is a common cause of car park fires.
• The Owner must not clamp or tow a Vehicle to force payment. After the Agreement ends, the Owner may move a Vehicle only after at least 14 days' notice and only as the law permits (Clause 9.4).
• Licence-plate numbers and camera images are personal data. The Owner must give a privacy notice and keep recordings secure (Clause 8).

• Keep the signed Agreement, the Car Park Rules, receipts and the list of registered vehicles.
• A Thai court works in Thai. A Party that relies on this Agreement in court must file a certified Thai translation.

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-25E795. If you reuse this content, please credit the author and link to the original.