Thai Business Practice

[paulfr]

I have a minor problem for which I could use some advice.

In April I checked into a service apt with my TGF. I paid for

one month and got some paperwork back. After a few weeks

of settling in I inquired about high speed internet availability

and found it was offered and I signed up. 2100B/month.

Two months later looking over my paperwork I see the

detail sheet says under "Included Services" is free

hs internet.

So when the next month payment is due I go down to the

front desk with the sheet and say that I need not pay.

I make the concession of NOT asking for my 2 months

of payments back, but do not want to continue paying each

month since the detail agreement sheet says it should be free.

They say this is a mistake. They insisit. Offered me one month

free with the implication that next month I will have to pay.

Should I stand firm ?

Should I ask for my 4200B back ?

In the US, a contract is a contract and if you err, you pay

and learn your lesson.

Should Thai businessmen deal differently than the rest of the world ??

Thanks for your advice.

Additional info ......

I am not really concerned so much with the money or contractual

rights. I know I would win in court or arbitration, but I would never

take such a small disagreement that far. Life is too short and one

must always pick one's battles carefully.

I am more concerned with Thai custom and attitudes.

Am I supposed to give in because a hotel is an institution and

a Thai would never fight with a "big company" ?

Maybe this is just ..... "he's a farang, he must be rich so he

should pay"

Or is it just an obstinate hotel manager that I am dealing with ?

One other point is that a young lady from the front desk called

me and said that if I want my 4200B back, she would have to

pay for it out of her salary. Apparently they threatened her with

that as she is the one who made the error. I am a softy and

don't want to take a full month's salary from anyone.

[Aussie]

Teach them the value of a contract, it's legally binding in Thailand. Things do not get by mistake in a contract, if it's would have been a mistake they would have removed it. I wouldn't be surprised if they still havent' removed it for new tenants.

They found out they could charge hefty fees for something previously offered for free.

Get your two months back too!

[george]

But then you better move to another place, maybe. And you will lose your deposit too

[Aussie]

But then you better move to another place, maybe. And you will lose your deposit too

There's something for it, the owner of your place surely won't like it that you put him with his nose in his own contract. Contract are meant to pin the customer down, not the business owner.

They always told me to carefully read any contract you sign before signing, it remains valid advice.

[Snapshot]

Should I stand firm ?

Should I ask for my 4200B back ?

In the US, a contract is a contract and if you err, you pay

and learn your lesson.

Should Thai businessmen deal differently than the rest of the world ??

Of course a contract is a contract ... but just not always in Thailand. Try going to a Lawyer here and ask him/her the fee for taking your case:

5,000? 10,000? 15,000? More? Plus court meetings, travel, etc.

It's just not worth it - take any deal you can, that's my advice.

... and by the way, is your contract in English or Thai? Think also about that High Speed Internet costs from around Baht 500 per month, but for this amount you can only access local sites... and it could just be, that this is what your contract offered... just a thought.

[falong]

You didn't read the contract before signing?

[Aussie]

... and by the way, is your contract in English or Thai?

what has this got to do with it?

The poster said he read it in the contract btw.

Contracts in English are valid a well as those in Thai, if would be a monkey country if they'd expect people to sign contracts without knowing what they sign.

[meadish_sweetball]

... and by the way, is your contract in English or Thai?

what has this got to do with it?

The poster said he read it in the contract btw.

Contracts in English are valid a well as those in Thai, if would be a monkey country if they'd expect people to sign contracts without knowing what they sign.

It may be valid, and it may not.

It is fairly common that a paragraph in the contract specifically outlines in which jurisdiction any controversies arising from the contract should be settled, as it is also common that the original language of the contract should precede any translations in case of perceived discrepancies - anyone who has attempted to translate a legal document knows that it is not an easy task and that there is ample room for mistakes or slightly different interpretations of the same concept.

In Thailand, unfortunately, many business owners let a Thai translate the contract into English, which is of course not a good idea, even if the translator speaks decent English.

Important translations should only be carried out by educated native speakers of the target language - preferably with specific, proven skills within the subject.

[Sumitr Man]

It is fairly common that a paragraph in the contract specifically outlines in which jurisdiction any controversies arising from the contract should be settled, as it is also common that the original language of the contract should precede any translations in case of perceived discrepancies - anyone who has attempted to translate a legal document knows that it is not an easy task and that there is ample room for mistakes or slightly different interpretations of the same concept.

Sorry mate: this doesn't make sense:

1. You have to show "cause" for jurisdiction, you cannot just select any jurisdiction.

2. No matter what the contract says, if the dispute is in Thailand, and there is both an English language and Thai language version of the same contract, the Thai language version will prevail - EVEN IF the English language version has wording to the effect that the English language version will prevail. So sayeth the Civil Procedure Code of Thailand.

3. Translations: where do you get your certified/authorised translated [legal] documents done in Thailand? I'm aware that the embassies here have a list of "approved" translators, what I'm talking about is Thai government certified English-Thai (Thai-English) translators? Unless you can enlighten me otherwise, I'm only aware of a very small (2 or 3) number of authorised translators - all of whom work at the Ministry of Justice.

[Rhys]

This is just the start....Cut if off now.... Find another place.. they have already stamped your photo with a "S" GET OUT NOW..The Thai culture game plays in their favor.. no win here...

A Accept

B No on

Sorry to hear that.. The contact scam is always a favorite in any organization out here... Even the most respectable of place fall into this...at times..

Consider all factors. Forget the Thai .... you are being.. XXXXX EEE DDD

[paulfr]

Update on my service apt Business Practices.....

I was in the lobby reading the Post when one of the

staff approached me with some papers. He asked me

to sign them. They were the original contract/statement

rewritten except the part that said high speed internet

fee is included in the rental was omitted.

So this manager decided to rewrite his agreement with me

and just ask me to sign it to solve his problem.

In the US this would be viewed as so unethical as to be

laughable. Word around town would likely put a

busnessman of this sort out of business soon.

I told him I wanted to think about it before signing.

A few days later after talking to my TGF about it,

I decided 2000B/month is not worth fighting about.

I am very disappointed with this behavior and may write

a letter to the company officers stating so when I

decide to move on.

[falong]

Update on my service apt Business Practices.....

I was in the lobby reading the Post when one of the

staff approached me with some papers. He asked me

to sign them. They were the original contract/statement

rewritten except the part that said high speed internet

fee is included in the rental was omitted.

So this manager decided to rewrite his agreement with me

and just ask me to sign it to solve his problem.

In the US this would be viewed as so unethical as to be

laughable. Word around town would likely put a

busnessman of this sort out of business soon.

I told him I wanted to think about it before signing.

A few days later after talking to my TGF about it,

I decided 2000B/month is not worth fighting about.

I am very disappointed with this behavior and may write

a letter to the company officers stating so when I

decide to move on.

Why am I not surprised? TIT

If it was me I would move out ASAP and then let the owner know in no uncertain terms that complaints will be filed with the appropriate authorities.

I know its futile but it bettter than just doing nothing.

Just dont give em your new address