Terms of Service
Please read these terms carefully before using Elefy. By accessing or using our platform, you agree to be bound by these Terms of Service and our Privacy Policy.
1. Agreement to Terms
Welcome to Elefy ("we," "us," "our"), operated by Elefy Move Co., Ltd., a company registered under Thai law. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Platform").
Governing Law: These Terms are governed by the laws of the Kingdom of Thailand. Any disputes shall be subject to the exclusive jurisdiction of the Thai courts in Bangkok, unless otherwise agreed.
1A. Platform Role
Elefymove acts as a broker and intermediary platform connecting landlords with prospective tenants. We facilitate property discovery, communication, payments, and contract execution. However, the lease contract is entered into directly between the landlord and the tenant. Elefymove is not a party to any rental agreement and does not assume landlord or tenant obligations.
Listing types supported:
- Long-term rentals (30 days or more): Standard residential leases subject to the 2025 Lease Contract Regulation B.E. 2568
- Short-term and hotel-style listings (under 30 days): Serviced apartments, apart-hotels, and licensed short-stay accommodations
- Short-term operators must provide valid Non-Hotel Accommodation Registration or Hotel License before their listing goes live on the platform
Minimum stay requirements:
Condominiums and residential properties without a valid hotel or non-hotel accommodation registration are subject to a minimum 30-day stay requirement under the Hotel Act B.E. 2547. Properties that do not hold the appropriate license cannot accept bookings shorter than 30 days.
Short-term listing compliance:
All short-term listings (under 30 days) require valid Non-Hotel Accommodation Registration or Hotel License documentation uploaded and verified before the listing is published. Elefymove reserves the right to suspend any listing that does not maintain valid licensing.
2. Eligibility and User Obligations
To use our Platform, you must:
- Be at least 18 years old (or 20 years for certain transactions under Thai law)
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using our services under applicable law
- Provide accurate, complete, and current information
- Maintain the security of your account credentials
You are responsible for all activities under your account. Notify us immediately if you suspect unauthorized access.
3. Platform Services
Elefy provides an online marketplace connecting property owners ("Landlords") with prospective tenants ("Renters") for long-term rentals in Thailand (minimum 1 month).
Our services include:
- Property listing and search functionality
- Secure messaging between users
- Booking and reservation management
- Payment processing via trusted third-party providers
- Contract generation compliant with Thai rental law
- Customer support and dispute resolution
Important: Elefy acts as an intermediary platform. We are NOT a party to rental agreements between Landlords and Renters. The rental contract is directly between the property owner and tenant.
4. Prohibited Conduct
You agree NOT to:
- Provide false or misleading information
- List properties you do not own or have authority to rent
- Discriminate based on race, nationality, religion, gender, or other protected characteristics
- Use the platform for illegal activities
- Harass, threaten, or abuse other users
- Attempt to bypass our payment system
- Scrape data or use automated tools without permission
- Violate any applicable Thai or international law
Violations may result in account suspension or termination, and may be reported to relevant authorities.
5. Payments and Fees
5.1 Service Fees
Elefy charges service fees to facilitate transactions. These may include a service fee payable by the renter and/or a commission deducted from the landlord's proceeds. The applicable amounts are shown before you confirm any booking and in your account dashboard.
5.2 Payment Processing
All payments are processed through secure, licensed third-party payment providers (such as PayPal). We do not store your full payment card details. When you pay through Elefy, Elefy receives those funds solely as the landlord's authorised payment-collection and remittance agent and forwards them to the landlord in accordance with these Terms and the booking details, less applicable fees. Elefy does not provide escrow services and does not hold funds as a neutral stakeholder or escrow agent.
5.3 Refunds
Refund policies vary by property and are specified in each listing; review the cancellation terms carefully before booking. Where Elefy is still holding a payment as the landlord's collection agent (for example, before move-in), any eligible refund is returned to the renter directly. Once funds have been remitted to the landlord, refunds and security-deposit returns are handled by the landlord under the rental contract.
6. Rental Contracts
Rental agreements facilitated through Elefy comply with Thai Civil and Commercial Code (Sections 537-571) and the Residential Property Leasing Notification B.E. 2568 (effective September 4, 2025).
- Contracts are generated in Thai and English (both legally valid)
- Digital signatures are legally binding under Thai Electronic Transactions Act
- Security deposit plus advance rent must not exceed 3 months' rent in total. Deposits must be returned within 7 days (no damage) or 14 days (after verified deductions)
- Both parties must honor contract terms for the full rental period
- Tenants may terminate early after occupying for at least 50% of the lease term, with 30 days' written notice and all payments settled
- Rent or service charges cannot be increased during the lease term
- Landlords must provide written invoices for rent and utilities at least 3 days before payment is due
- Landlords cannot enter the property without prior notice (except in emergencies)
- Maximum lease term is 30 years; "30+30+30" renewal clauses have no legal force under Thai law
- Non-compliance with residential leasing regulations may result in up to 1 year imprisonment or THB 200,000 fine, or both
- These regulations apply to landlords with 3 or more residential units
6A. Deposit, Utility & Invoice Rules
Security deposit caps (per 2025 Lease Regulation B.E. 2568):
- Monthly leases: Maximum security deposit of 3 months' rent (including advance rent). Any clause requiring more than 3 months total is automatically void.
- Annual leases: Maximum security deposit of 1 year's rent. The combined deposit and advance rent must not exceed the annual rent amount.
Deposit return timelines:
- No damage: Full deposit returned within 7 calendar days of tenant vacating and completing the handover inspection
- With damage: Deposit minus itemized, evidence-backed deductions returned within 14 calendar days. Landlord must provide receipts or written quotes for all deductions.
Utility charges:
Electricity and water must be charged at the official government supplier rate only. No mark-ups, administrative surcharges, or flat-rate overcharges are permitted under the 2025 regulations.
Invoice timing:
Landlords must provide written rent and utility invoices at least 3 days before the payment due date. Late or missing invoices do not excuse late payment but may be raised as a defense in disputes.
6B. Early Termination Rights
Under the 2025 Lease Contract Regulation B.E. 2568, tenants may terminate their lease early without penalty after occupying the property for at least 50% of the total lease term, provided they give the landlord 30 days' written notice and all outstanding payments are settled. Landlords cannot impose early termination penalties, forfeit the security deposit, or charge break-lease fees when this statutory right is exercised. These rights apply to leases with landlords who have 3 or more residential rental units.
6C. Electronic Contracts & Stamp Duty
Digital lease contracts executed on the Elefymove platform are legally valid and enforceable under the Electronic Transactions Act B.E. 2544 (2001). Electronic signatures, digital document delivery, and online contract execution carry the same legal weight as their paper equivalents. Courts in Thailand accept electronically signed contracts as admissible evidence.
Stamp duty:
All lease agreements are subject to stamp duty of 0.1% of the total rental value for the contract period. Electronic stamp duty is applied within 15 days of contract execution through the Revenue Department's e-Stamp system. Failure to affix stamp duty may render the contract inadmissible as evidence in court.
6D. TM30 Foreign Tenant Reporting
Landlords renting to foreign nationals are legally required to file TM30 notification with Thai Immigration within 24 hours of the tenant's check-in, and after each re-entry into Thailand. This is the landlord's legal obligation under the Immigration Act B.E. 2522. Failure to file TM30 on time may result in fines up to THB 10,000 for the landlord and can cause visa and 90-day reporting complications for the tenant. Since May 2025, TM30 can be filed electronically through the Section 38 online portal.
6E. Withholding Tax (WHT)
Elefymove may act as a withholding tax agent on rental payments as required by the Thai Revenue Code. Applicable WHT rates are:
- Resident landlords (Thai tax residents): 5% WHT on rental income, deducted at source and remitted to the Revenue Department
- Non-resident landlords: 15% WHT on rental income, deducted at source and remitted to the Revenue Department
6F. Data Protection (PDPA)
Personal data collected through the Elefymove platform is processed in accordance with Thailand's Personal Data Protection Act B.E. 2562 (PDPA). We collect only the data necessary to facilitate rental transactions, identity verification, and legal compliance (including TM30 filing and tax reporting). Users may request access to, correction of, or deletion of their personal data at any time through their account settings or by contacting our Data Protection Officer at [email protected].
6G. Governing Law & Legal Framework
These Terms and all rental transactions facilitated through Elefymove are governed by the Thai Civil and Commercial Code (Sections 537-571 on Hire of Property), the 2025 Lease Contract Regulation B.E. 2568 issued under the Consumer Protection Act, the Electronic Transactions Act B.E. 2544, and the Personal Data Protection Act B.E. 2562. Any dispute shall be subject to the exclusive jurisdiction of the Thai courts in Bangkok, unless otherwise agreed in writing.
Disclaimer: The information provided in these Terms of Service is for general reference only and does not constitute legal advice. For specific legal questions regarding Thai rental law, tenancy rights, or tax obligations, please consult a qualified Thai legal professional.
7. Limitation of Liability
To the maximum extent permitted by Thai law, our total liability to you for any claims arising from your use of the Platform shall not exceed the amount of fees you paid to Elefy in the preceding 12 months.
We are NOT liable for: Property conditions, landlord/tenant disputes, third-party services, loss of data, or indirect/consequential damages.
8. Dispute Resolution
We encourage users to resolve disputes amicably. Our dispute resolution process:
- Direct communication between parties via our platform
- Mediation by a neutral Elefy support representative
- Binding arbitration under Thai Arbitration Institute rules (if agreed)
- Litigation in Thai courts (Bangkok jurisdiction)
9. Changes to Terms
We may update these Terms periodically. Material changes will be notified via email or platform notification at least 30 days in advance. Continued use after changes constitutes acceptance.
Questions About These Terms?
Acknowledgment
By creating an account or using Elefy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please do not use our Platform.