18.10.2025
Why We Withheld the Deposit: Official Explanation and Company Reputation Protection
## **Official Statement of Rentmotorbike Company LTD: Deposit Withholding, Responsibility for Documents, and Defamation**### **Which Documents Are Issued When Renting a Motorbike**
Every motorbike rented out by our company is always accompanied by two mandatory documents:
1️⃣ **Inspection and Insurance Certificate** – confirms that the motorbike has passed inspection and has valid insurance.
2️⃣ **Copy of the Vehicle Registration Book (“Green Book”)** – the official document proving ownership of the vehicle.
These documents are handed over to the client together with the motorbike.
The renter bears full responsibility for their safekeeping until the bike is returned.
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### **Why the Deposit Was Withheld**
In the disputed case, the deposit was **not withheld due to the bike’s technical condition** (it was returned in good working order) but **because the mandatory documents were lost** during the rental period.
The documents went missing while in the renter’s possession. Replacing them requires considerable time and financial expense, and without them, the motorbike cannot be rented again.
For this reason, the rental contract — signed by the renter — clearly states that the client must return not only the motorbike itself but also all accompanying documents.
Thus, **the withholding of the deposit is lawful and fully consistent with the rental agreement.**
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### **Video and Documentary Evidence**
To prevent any disputes, our company employs a **video-recording system**:
* During handover, we record a video clearly showing the presence of all documents in the motorbike’s compartment.
* The return process is also recorded.
Additionally, we possess:
* A **signed rental contract**, specifying the deposit amount and the conditions for its withholding.
* A **copy of the renter’s passport**, confirming their identity and agreement to the contract terms.
These materials can be presented in court and fully confirm the legality of the company’s actions.
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### **Defamatory Reviews**
Unfortunately, after the deposit was withheld, the client published several **false reviews from multiple accounts**.
These reviews falsely claim that the company “keeps deposits for made-up reasons” or that “documents disappear intentionally.”
We emphasize that these claims are **untrue**.
We have both **documentary and video evidence** proving the opposite.
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### **Liability for Defamation Under Thai Law**
Thai law strictly regulates defamation:
* **Section 326 of the Thai Criminal Code** – defamation is punishable by up to **1 year of imprisonment** or a **fine up to 20,000 THB**.
* **Section 328** – defamation committed through publication (including the internet) is punishable by up to **2 years of imprisonment** and a **fine up to 200,000 THB**.
* **Section 332** – the court may order the **removal of defamatory materials** or the publication of an official retraction at the offender’s expense.
These provisions apply **equally to foreign nationals** residing or staying in Thailand.
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### **Real-World Examples**
* **2020, Koh Chang Island** – American citizen Wesley Barnes was arrested and charged under Section 328 for negative hotel reviews. He faced up to 2 years in prison and a 200,000 THB fine. The case ended in reconciliation but became widely publicized.
* **2025, Bangkok** – Australian citizen Murray Hunter was detained for publishing articles containing defamatory statements. He faced up to 2 years of imprisonment and a 200,000 THB fine.
* **2016, Bangkok** – British activist Andy Hall was sentenced to 4 years (suspended) and fined 150,000 THB for defamation against the company *Natural Fruit*.
These cases confirm that **foreigners in Thailand bear full criminal liability for defamation.**
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### **Position of Rentmotorbike Company LTD**
We always operate **honestly and transparently**.
All rental terms are clearly explained to each client and stated in the signed contract.
Withholding the deposit for the loss of documents is a **legal and justified measure** protecting the company from damages.
False reviews accusing us of fraud are **defamatory and deliberately harmful to our reputation.**
We reserve the right to take legal action, providing the following evidence:
* Video recordings of the bike and document handover,
* The signed rental agreement,
* The renter’s passport copy.
These materials constitute **official proof of our company’s integrity and compliance with the law.**
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✅ This statement is the **official declaration of Rentmotorbike Company LTD** and may be used for **website publication** or **submission in court**, if required.