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16 Sep 2019 17:46:

Angeleyes,
Below is an extract from a summary of the law applicable to contracts in Spain:

21.

Force majeure
Is force majeure recognised in your jurisdiction? What are the consequences of a force majeure event?

Yes, force majeure operates as a matter of law. The definition and effects are included in article 1105 of the Civil Code and are implied into any contract. Parties may expand the definition of force majeure events and widen its application in a contract.

A force majeure event releases the affected party from liability and relieves the party from the duty of partly or fully complying with its contractual obligation. It can also suspend the execution of an obligation or allow an extension of time to perform the same.

For a force majeure event to relieve a party from having to comply with its contractual obligations, the event must meet the following three criteria: externality - the situation that leads to the non-performance of the obligation must be beyond the control of the party alleging the force majeure event; unpredictability - the party must not be able to foresee the occurrence of the event (if the event is foreseeable, the party must be prepared for it); and irresistibility - the consequences of the event could not be avoided.

The burden of proof lies with the party wishing to be discharged from its contractual obligations.

Quite honestly, it's probably not a "cut & dried" (bad pun) case.  Maria might well say I'm talking rubbish.  But for sure your attitude towards the problem is completely wrong.  Too many people give in too readily and don't stand up for themselves against companies who spout their "terms & conditions" or "their policy" which are not easily enforceable in a situation like this. 

So don't throw the towel in too easily.  Worse still - don't encourage others to do so!  Should they really be responsible for the consequences of bad weather?   That doesn’t make sense to me.  In practice the law invariably makes a lot of sense and there is no need to be so negative in the advice you provide.



Thread: Latest weather and Murcia airport

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16 Sep 2019 12:44:

Angeleyes, just making the point that in law a car hirer cannot be held liable for the consequences of this kind of event, whatever the contract terms might say.

They are fools if they meekly "dip into their pockets" as you suggest.



Thread: Latest weather and Murcia airport

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16 Sep 2019 09:25:

Angeleyes - this is more likely a "force majeure" situation where contract conditions will not apply.  The car hire company may try to see it differently, but the law of the land is far more important.



Thread: Latest weather and Murcia airport

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10 Sep 2019 18:33:

Angeleyes,

My post was responding to your query that asked if:
>>
"...the authorities can force any relative you have in Spain or UK to pay out of their own pocket whether they like it or not. The deceased relatives have a legal liability to pay and can be pursued through either the Spanish courts or UK courts for the funeral costs and have assets seized to pay the debt..was true.

>>
So, as you now say, it does, well at at least in theory, but it has to be discretionary.   In reality they may struggle to impose a Spanish law in the UK if the deceased was without any Spanish assets.



Thread: Funeral Plan Sellers

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10 Sep 2019 18:12:

Not going to mention the "B" word...

but just seen a cunning plan being circulated to get us out of this awful mess - Boris Johnson could:

~ revoke Article 50 (to take away the 31st October deadline problem).

~ hold a General Election (which is what all the politicians want (but now acceptable without the deadline in place)).

~ then invoke Article 50 and then leave the EU as soon as possible, or do whatever the electorate decide at the election.

Democratically sorted?...(perhaps wishful thinking!).
 



Thread: A Cunning Plan..

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