Airbnb bookings illegal, court declares

This promotion poster is from the Royal Thai Embassy, Washington, but the wildly popular short-term rental app may be on its way out after unfriendly court rulings.
This promotion poster is from the Royal Thai Embassy, Washington, but the wildly popular short-term rental app may be on its way out after unfriendly court rulings.

People who rent out their rooms via Airbnb on a daily or weekly basis are acting illegally, according to a recent court ruling handed down to the Wan Vayla Condo in Hua Hin.

The court ruled that people renting out their rooms have not obtained a licence to run a hotel business under the 2004 Hotel Act. Only rentals of 30 days or more would be legal.

The parties affected by the ruling include owners of condos who rent out their rooms via the Airbnb app on a daily and weekly basis.

The owners of condo rooms fear that, as a result of the ruling, authorities will strictly enforce the law and it would no longer allow them to operate their business via Airbnb, leaving customers no chance of finding accommodation through the app.

According to media reports, the Wan Vayla Condo in Khao Tao received a letter from the local authorities outlining the court's decision in two of three cases in which condos were rented out for less than a month.

In one case, the court ruled that a fine of 5,000 baht must be paid plus 500 baht for each day of the 20-day stay, a total of 15,000 baht.

In the second case, the court ruled that a 5,000-baht fine must be paid with a further fine of 100 baht for a staggered 81-day period. The total amount of the fine is 13,100 baht. The third case is pending.

Local officials began looking into the matter in December 2017 and took the case to court. The first case was ruled upon on Jan 5 and the second case on Jan 16. The rulings in both cases were only recently made public.

If enforced nationwide, this could be the beginning of the end for companies like Airbnb in Thailand who have consistently maintained that their business is legal.

Airbnb actively promotes its business in Thailand and the consequences of the ruling could be immense for the company, renters and consumers alike.

Meanwhile, the Thai Hotels Association (THA) has asked the government to revoke non-registered hotels including Airbnb apartments and condominiums. They say these operators are causing problems for the nation's tourism industry.

Surapong Techaruvichit, an adviser to the THA, said the association wants the government to invoke Section 44 to deal with the problem.

"We believe the number of non-registered properties will decrease if the government exercises Section 44," he said.

He claimed that more than half of the hotels in the market are non-registered, meaning they are illegal. These include serviced apartments, guest houses, condominiums and other private properties available for rent to tourists.

The properties are not registered as hotels under the Department of Local Administration that approves and issues hotel licences.

He said that the THA considers Airbnb a threat to the hotel and tourism industry.

Warangsuk Wittayapanyanond, a flight attendant based in Dubai, said she thinks if Airbnb is banned in Thailand, it will limit the choice for tourists.

She said since many people prefer Airbnb to booking rooms from hotels, there should be a way to allow Airbnb to operate legally and to accommodate customers who prefer using the site.

Luka Stankov, a cabin crew member based in Dubai who is a frequent user of Airbnb said:

"I think [Airbnb] affects hotels. It's exactly the same as when Uber came out. There was a huge protest against Uber by the taxi unions. So, the government banning Airbnb in Thailand must have something to do with the hotel industry. They might have to actually lower the prices and give customers more choice. In some ways, the creation of Airbnb lowers hotel prices and expands customer choices. Airbnb is more independent and provides a different experience."

Airbnb representatives are rumoured to be meeting Thai government officials Saturday in order to settle the issue.

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Vocabulary

  • approve: to give official permission - อนุมัต
  • consequence: result of effect of something - ผลที่ตามมา
  • enforce : to make sure laws are obeyed - บังคับให้ใช้, บังคับให้ทำ, ใช้กำลังบังคับให้ปฏิบัติตาม
  • immense: extremely large - มหึมา มหาศาล
  • invoke: to use a rule or law as a reason or basis for doing something - ประกาศใช้ (กฎหมาย), อ้าง (กฎหมาย)
  • obtain: to get something that you want or need, especially by going through a process that is difficult - ได้มา, ได้รับ
  • outline (verb): to give the main ideas of a plan or a piece of writing without giving all the details - สรุปส่วนสำคัญ
  • party (noun): one of the people or groups of people involved in a situation, an official argument or arrangement - คู่กรณี
  • pending: waiting to be dealt with, settled or completed - ยังค้างอยู่, ซึ่งยังไม่จบสิ้น, อยู่ในระหว่าง
  • promote: to encourage or support something - สนับสนุน
  • protest: a meeting or rally, sometimes forceful or violent, of people who strongly disagree with something - ชุมนุมประท้วง
  • revoke: to officially say that something is no longer legal - เพิกถอน
  • ruling  (noun): a judgement; a decision by a court of law - คำตัดสิน คำชี้ขาด
  • rumoured: to be reported as a rumour (information that may or may not be true) - ปล่อยข่าวลือ,เล่าลือ,ซุบซิบ
  • stagger (verb): to arrange for events that would normally happen at the same time to start or happen at different times -
  • union (noun): an organisation of workers, usually in a particular industry, that exists to protect their interests, improve conditions of work, etc - สหภาพแรงงาน
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