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Force Majeure - what is it? Definition of the term, examples of use

If suddenly the planned event has to be canceled because of pure chance, which nevertheless obliges to pay attention, then we call such an event force majeure. But most people do not even think about the meaning of the term itself, let alone its origin.

What associations arise when mentioning the word "force majeure". The definition of a term can be legal and social.


Let us analyze the very word "force majeure". What? Translated from French, this phrase means "higher power". That is, it can be said that the term indicates circumstances that do not depend on a person. We can not change them, but because, figuratively speaking, we go with the flow. If you go deeper into legal terminology, then "force majeure" is also a clause in the contract, giving the party the right to stop or suspend their actions if there are obstacles coming out of their control.

Let's try to give an example that is close and understandable to everyone. If a schoolboy can not do his homework, since electricity is cut off at home, these are typical force majeure circumstances that can justify his inaction.

Is it possible to predict force majeure?

What is force majeure? This event, which happens unexpectedly and can not depend on the will of man. If you get in the pouring rain, fall into the wormwood, fall on the ice or owe a large sum of money, then all this can be called force majeure. Foresee or control such events will not work. Since a person can not predict with certainty even tomorrow, the provision on force majeure is prescribed in any agreement to buy, sell and other actions. If the FM conditions are not prescribed in the agreement of the travel agency, then it is not legally responsible. Therefore, you will have to read the contract, unless, of course, you can not vouch that insurmountable circumstances will not arise.

It was justly said in Bulgakov's famous novel that a man is not just mortal, but suddenly mortal. Of course, a fatal outcome is not always a logical conclusion, but it can occur on the horizon even with a banal trip on vacation.

A visit to a hot country often requires a whole series of vaccinations. Otherwise acclimatization can ruin you. And here you have a tropical fever. This is the most natural force majeure, which is all the more sad the more difficult your reaction is. In the absence of health insurance, you will have to be treated at your own expense, and the whole vacation will go to hell. Sadly? Still would! But this accident could be eliminated if the paragraph on force majeure was registered on paper. Then the party to the treaty could declare that its operation was suspended.

How to prevent an event?

They say that the one who is warned is armed. In the case of force majeure, this is indeed the case. Of course, it's impossible to predict everything, but you can maximally "lay straws" in case of trouble. For example, in the same travel agency, the client should be given a memo containing the information prescribed therein in case of an unforeseen event. At a minimum, this is the telephone number of the Russian consulate and administrative services. If you did not receive such a memo, there is a violation of the client's rights, which provides for the legal responsibility of the company.

The points

So, force majeure - what is it? In each specific case, when drawing up a contract, a list of such situations is determined. And the lion's share of the most serious, most likely, will not happen in our century. At least, I want to believe that we will be able to avoid wars, cases of terrorism, radiation. If a person lives near large water bodies or travels there, then it is right to worry that a natural disaster will occur. Remember, hurricanes, typhoons, floods that take thousands of lives. Do you think how many people among these thousands had insurance?

The list of force majeure situations includes fires, earthquakes, lightning strikes, epidemics of serious diseases and even street disorders. Above was described the case of a power outage, and so long interruptions of electricity - a very common force majeure.

Also in the list of unpredictable events it is possible to include acts of state or governmental actions that become an obstacle to the fulfillment of the corresponding obligations under the treaty.

How to respond to an event?

The answer to this question mainly depends on the scale of the disaster and should be prescribed in the appropriate instruction. Of course, wars, revolutions and other events with political bias have very vague recommendations. So, you can not give in to panic and sit out in the shelter. You need to contact your family, relatives, or just acquaintances who are in close proximity to you. Then you should turn to the sources of communication in order to obtain useful information and be able to provide in time that which you have.

In the case of mass disturbances

If an epidemic of illness has come to your city, it would be very imprudent to ignore this event and continue to behave as usual. Disease is a truly unpredictable event that can defeat a strong guy and be powerless in front of a weak girl with excellent immunity.

Remember that mostly microbes are transmitted by airborne droplets, so take care of the acquisition of the mask and the course of vitamins. You can make vaccinations in advance, but at the first signs of the disease, this idea will have to be abandoned. About additional preventive measures it is better to consult a doctor.

If mass riots are fundamentally problems with electricity, water supply, then any changes in tariffs and schedules should be preceded by special notification in writing or in electronic form. If such an alert does not follow, then the client has the full right to file a claim with the appropriate authorities.

The main thing

But many are interested in large-scale force majeure. What can happen on vacation, which will lead to a really unpleasant situation? In fact, the tour operator is obliged under the agreement to ensure the safety of tourists and, if necessary, make efforts to return the citizens of the country to their homeland. If the force majeure happened already in the course of the trip, the client can safely rely on compensation for money for lost rest days. If information about the events came in advance, then you can terminate the agreement with a full refund.

It happens that the client, having received the information, does not terminate the agreement. For example, an earthquake happened in the chosen country. What to do? In the holiday at the same time I want wildly, and the client still wants to go. Then the travel company can offer an alternative and adjust the parameters of the trip. In particular, you can postpone the trip, change the direction of the tour. In most cases, the natural disaster that has occurred reduces the prices for specific tours. So the trip becomes financially profitable. True, some companies in such situations will reformulate the contract to avoid liability in the event of a repeat of force majeure.

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