LEGAL PROBLEM RELATING TO HOMESTAY ACCOMMODATION BUSINESS IN THAILAND
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Abstract
Tourism plays an important role in the economic and social development of Thailand. It is made up of many segments, the principal one being transportation, accommodation, food service, shopping, travel arrangements, and activities for tourists, such as history, culture, adventure, sports, recreation, entertainment, and other similar activities. Tourism figures among the top priorities in The Eleventh National Economic and Social Development Plan (2012-2016) that aims to restructure the economy toward quality growth and sustainability. As tourism is in the service sector, management needs to maintain a balanced and sustainable growth by focusing on activities that are creative and environmentally friendly in consideration of the carrying capacity of tourist attractions to elevate the standards of service businesses. The quality and sufficiency of service should be increased.
In the promotion of tourism, accommodation sector constitutes the most important segment. Tourism is, to a great extent, dependent on the type and quality of accommodation available. Hotels have been and still are the principal form of accommodation. However, there has been a growth and development of some other forms of accommodation over the years. This is popularly known as supplementary accommodation and is, in fact, an important segment of tourism.
Homestay is specialized term referring to types of accommodation where tourists or guests pay to stay in private homes. It can be seen as incorporating a number of other terms, including bed and breakfast, guesthouse, and farmstay. Homestay is not only accommodation service but also the alternative tourism that has been proposed to attract tourists. Currently, homestay has increased greatly to provide tourist accommodation and it is formed differently according to circumstances of each local community including the difference in physical structure of building, facilities, and type of service.
Since, homestay has been promoted as alternative tourism; this can attract more tourists to come to local community. The legislation in form of anti-market or has some restrict of right is necessary in order to accomplish the goal of sustainable tourism, ecotourism and community based tourism that pay attention to nature, environment and well-being of local people. In part of accommodation, homestay provide service to general public. The quality standard of service and the public safety are the most important issues that have to be considered.
The study found that the application of Hotel Act B.E. 2547 on homestay accommodation business is not appropriate because homestay has been established with the differently special aspects and purposes. Besides, the Announcement of Department of Tourism on Thai Homestay Standard B.E. 2554 is still undefined and it does not provide the compulsory single standard for all homestay operators. The lack of definite laws controlling and encouraging homestay accommodation business may affect the adverse results on nature, environment, local people and tourism development. Then, this research intends to recommend the introduction of specific law for regulating homestay accommodation business in Thailand.
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คณาธิป ทองรวีวงศ์, กฎหมายเกี่ยวกับการท่องเที่ยว, กรุงเทพ: นิติธรรม, 2558
(Kanathip Thongraweewong, Tourism Law, Bangkok: Nititham, 2558)
คณาธิป ทองรวีวงศ์. “ปัญหาของกฎหมายเกี่ยวกับการควบคุมสถานที่พักเพื่อการท่องเที่ยว”. วารสารกระบวนการยุติธรรม ปีที่ 4, ฉ. 3. (กรกฎาคม-กันยายน 2554): 83-104.
(Kanathip Thongraweewong, “Legal Problem in the controlling tourist accommodation”, Journal of Thai Justice System, Vol.4 July-September 2011: 83-104.)