Legal Status and Regulatory Framework for Daily Accommodation Services for Tourists in Thailand: Rights, Duties, and Legislative Development Guidelines

Abstract

This study examines the legal status and regulatory framework governing daily accommodation services for tourists in Thailand, with particular attention to the allocation of rights, duties, and liabilities necessary to support fair, safe, and sustainable tourism. Using a qualitative doctrinal and comparative legal research design, the study analyzes key Thai statutory instruments, including the Hotel Act B.E. 2547 (2004), Consumer Protection Act B.E. 2522 (1979), and Tourism Industry Act B.E. 2522 (1979), and compares them with regulatory models from Japan, Singapore, the United Kingdom, and the United States (Samui For Sale, n.d.). For this study, “daily accommodation” refers to short-term rentals offered to tourists through traditional and digital channels, including entire-home rentals, condominium units, and homestays. The findings reveal that Thailand’s existing framework remains fragmented and outdated, leaving significant gaps in consumer protection, licensing requirements, safety regulation, and institutional coordination. Definitional ambiguities and exemptions within the Hotel Act effectively exclude most short-term rentals from consistent oversight, enabling unregistered operations, variable safety standards, and limited accountability. To structure the analysis, the study maps (1) tourists’ rights to information, safety, and redress; (2) operators’ and hosts’ duties relating to licensing, safety compliance, and record-keeping; and (3) liability allocation among hosts, digital platforms, and state agencies. Comparative analysis shows that other jurisdictions employ integrated and adaptive mechanisms, such as mandatory registration, safety certification, and shared responsibility between platforms and hosts. The study therefore proposes legislative modernization to redefine the regulated “accommodation business,” implement a simplified digital licensing system, establish minimum safety and management baselines, and strengthen inter-agency coordination. These reforms aim to align Thai law with international best practices while balancing innovation with legal accountability.