Songkran week 2018
Jan 27, 2018, 7:23 pm
#16
Join Date: Feb 2013
Location: Melbourne, AU
Programs: *A Gold, QF (ex-QP), AA, TG, A3 Gold, VA, SQ
Posts: 358
I found several of the supposed legal opinions I came across last time I was considering AirBNB in Thailand.
https://www.thailand-property.com/bl...al-in-thailand
https://roomfilla.com/airbnb-and-the-law-in-thailand/
They suggest that condos (ie owners) can vote on/set their own rules, but those official rules do have to expicitly prohibit short stays if they wish to enforce such a rule.
The Thai 'hotel' rules only require hotel registration if 4 or more apartments are being rented out for short stays.
So that seems pretty clear. However it didn't stop authorities in Phuket apparently trying to assert that all short stays were illegal. Or some condos trying to enforce such rules even if the owners had not officially voted to set them.
https://www.thailand-property.com/bl...ings-spotlight
https://www.thailand-property.com/bl...al-in-thailand
https://roomfilla.com/airbnb-and-the-law-in-thailand/
They suggest that condos (ie owners) can vote on/set their own rules, but those official rules do have to expicitly prohibit short stays if they wish to enforce such a rule.
The Thai 'hotel' rules only require hotel registration if 4 or more apartments are being rented out for short stays.
So that seems pretty clear. However it didn't stop authorities in Phuket apparently trying to assert that all short stays were illegal. Or some condos trying to enforce such rules even if the owners had not officially voted to set them.
https://www.thailand-property.com/bl...ings-spotlight
Jan 27, 2018, 7:40 pm
#17
FlyerTalk Evangelist
Join Date: Sep 1999
Posts: 12,375
All licensed hotels, guest houses etc. are required by law to fax/email nightly a list of guests' details (name, country, passport,TM.6 #) to the police (Immigration is organized under the RTP). Obviously, individual condo owners are probably not fulfilling this requirement when renting out their units via AirBNB.
Thailand is a "rule-by-law" country, with many, many, many unusual laws on the books subject to enforcement as needed. I mean, the police were able to find a law (Playing Cards Act, 1943) to charge elderly foreigners who were playing bridge.
Almost every condo and housing estate (most newer housing developments are gated) has private security.
Eventually, there will be an issue - say foreign criminals operating a boiler room out of an AirBNB - which brings this issue to the forefront and causes a massive negative knee-jerk reaction.
And many hotel owners/operators are at the absolute highest echelon of Thai society, and if they feel their business is being negatively impacted by alternative lodgings, it will only take one of them to snap their fingers and make the problem go away.
Thailand is a "rule-by-law" country, with many, many, many unusual laws on the books subject to enforcement as needed. I mean, the police were able to find a law (Playing Cards Act, 1943) to charge elderly foreigners who were playing bridge.
Almost every condo and housing estate (most newer housing developments are gated) has private security.
Eventually, there will be an issue - say foreign criminals operating a boiler room out of an AirBNB - which brings this issue to the forefront and causes a massive negative knee-jerk reaction.
And many hotel owners/operators are at the absolute highest echelon of Thai society, and if they feel their business is being negatively impacted by alternative lodgings, it will only take one of them to snap their fingers and make the problem go away.
Last edited by transpac; Jan 27, 2018 at 8:21 pm