If suddenly a planned event has to be canceled due to pure chance, which nevertheless obliges you 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, and even more so about its origin.
What associations arise when the word “force majeure” is mentioned. The definition of a term can be legal and social.
Etymology
Let’s analyze the very word “force majeure”. What? Translated from French, this phrase means "higher power." That is, we can say that the term indicates circumstances that are not dependent on the person. We cannot change them, and therefore, figuratively speaking, we go with the flow. If we delve into legal terminology, then “force majeure” is also a provision in the contract that gives a party the right to terminate or suspend their actions if obstacles arise that go beyond their control.
Let's try to give an example that is close and understandable to everyone. If the student cannot complete his homework, as his house has been cut off from electricity, then these are typical force majeure circumstances that can justify their inaction.
Is it possible to predict force majeure?
What is force majeure? This event, which happens unexpectedly and cannot depend on the will of man. If you fall under heavy rain, fall into wormwood, fall on ice or owe a large sum of money, then all this can be called force majeure. It is not possible to foresee or control such events. Since a person cannot confidently predict even tomorrow, the provision on force majeure circumstances is prescribed in any agreement to buy, sell and other actions. If the conditions of the FM are not spelled out in the agreement from the travel agency, then it is not legally responsible. Therefore, you will have to read the contract, unless, of course, you can be sure that insurmountable circumstances will not arise.
It was rightly said in Bulgakov’s famous novel that man is not only 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 hot countries often requires a series of vaccinations. Otherwise, acclimatization can ruin you. And then you experience a tropical fever. This is the most natural force majeure, which is sadder, the more complicated your reaction. In the absence of medical insurance, you will have to be treated at your own expense, and the whole vacation will fly down the drain. Sad Still would! But this accident could be eliminated if the clause on force majeure was written on paper. Then the contracting party could declare that its action has been suspended.
How to warn an event?
They say that the one who is warned is armed. In the case of force majeure, this is indeed so. Of course, it won’t be possible to predict everything, but you can “lay straws” as abundantly as possible in case of trouble. For example, in the same travel company, the client should be given a memo with the information prescribed there in case of unforeseen. At a minimum, this is the telephone number of the Russian consulate and administrative services. If you have not been given such a reminder, there is a violation of the client’s rights, which provides for the legal liability of the company.
The points
So, force majeure - what is it? In each case, when drawing up the contract, a list of such situations is determined. Moreover, the lion's share of the most serious, most likely, will not happen in our lifetime. At least I want to believe that we will be able to avoid wars, cases of terrorism, radiation. If a person lives near large bodies of water or goes to travel there, then it is just right to worry about a natural disaster. Remember, hurricanes, typhoons, floods that take thousands of lives. What do you think, how many people among these thousand had insurance?
The list of force majeure situations includes fires, earthquakes, lightning strikes, epidemics of serious illnesses and even street riots. The case of a power outage was described above, so long-term power outages are a very common force majeure.
Also in the list of unpredictable events, you can include acts of state or government actions that become an obstacle to the implementation of the relevant obligations under the contract.
How to respond to an event?
The answer to this question mainly depends on the scale of the disaster and should be spelled out in the corresponding instruction. Of course, wars, revolutions and other events with a political bias have very vague recommendations. So, you can not give in to panic and sit out in the shelter. You need to contact relatives, friends or just acquaintances who are in the immediate vicinity of you. Then you should turn to the sources of communication in order to get useful information and be able to timely provide the one that you have.
With unrest in the masses
If an epidemic of the disease came to your city, it would be very imprudent to ignore this event and continue to behave as usual. A 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 mainly microbes are transmitted by airborne droplets, so take care of acquiring a mask and a course of vitamins. Inoculations can be done in advance, but at the first signs of the disease this idea will have to be abandoned. For additional preventive measures, it is best to consult a doctor.
If mass unrest basically has problems with electricity, water supply, then any changes in tariffs and delivery schedules should be preceded by a special notification in writing or electronically. If such a notification does not follow, then the client has every 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 that leads to a really unpleasant situation? In fact, the tour operator is obligated under an agreement to ensure the safety of vacationers and, if necessary, make efforts to return the country's citizens to their homeland. If force majeure has already happened during the trip, the client can safely count on compensation for money for lost days of rest. If the information about the events arrived 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 occurred in a selected country. What to do? At the same time, I want to go on vacation 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 reschedule the trip, change the direction of the tour. In most cases, a natural disaster reduces the prices of specific tours. So the trip becomes financially profitable. True, some companies in such situations will reformulate the contract in order to avoid liability in the event of a repetition of force majeure.