Is heavy rain during travel considered a force majeure factor?

1. Heavy rain during travel is considered a force majeure factor.

2. Definition of force majeure factors:

The so-called force majeure refers to objective circumstances that cannot be foreseen, unavoidable and insurmountable when the contract is concluded. Including natural disasters, such as typhoons, earthquakes, floods, and hail; government actions, such as expropriation and expropriation; and abnormal social events, such as strikes and riots.

3. Characteristics of force majeure factors:

1. Unpredictability

The parties to the contract must not be able to foresee the occurrence of the force majeure event at all. If it is foreseeable, or should be foreseeable, it does not constitute force majeure. For example, if a ship is transporting a batch of goods from one seaport to another, and the captain sets sail without listening to the radio weather forecast before going to sea, the ship encounters a storm and the goods are damaged. The storm is not a force majeure for the captain. Because as a maritime transport captain, he should check the weather forecast for the day before going out to sea. The weather forecast has already predicted the storm. The captain could foresee it, but he should bear the responsibility for cargo damage due to negligence.

2. Inevitability

Even if an unforeseen disaster occurs, if the consequences can be avoided, it does not constitute force majeure. Only if no measures can be taken to avoid it, It has the characteristics of force majeure. For example, if a ship encounters a storm at sea and there is a safe haven nearby but fails to enter, causing damage to the cargo, the ship will also be held liable.

3. Insurmountability

This is the last characteristic of force majeure. It means that the parties concerned cannot overcome the consequences of the incident, that is, there is no way to prevent it, which is force majeure. Government or social behavior, such as policy changes, changes in political power in the country, etc.