Legal Problems of Travel Agency Business and Tour Guide in Thailand

Abstract

The most important policy recognized by all nations in the worldto approach sustainable tourismaccording to UNWTO framework is a policy of safeguarding tourists while traveling. Many countries followed the tourist protection strategy by enacting tourism law including Thailand where Travel Agency Business and Tour Guide Act B.E.2559 (2016) iscurrently enforced. The standards of travel agency business and tour guide professional along with tourist protection measures against unfair practice caused by tourism service providers are introduced by this Act. However, some problems remain unsolved when nominees are found in travel agency business and the legal tour guides fail to perform their job. These problems have been intensified by zero-dollar tour, the low-cost package tour with low quality service that affects to tourism image, economic impact, legal right and benefit of tourists.

            This thesis aims to study the principles of Travel Agency Business and Tour Guide Act, analyze the problems of tourism industry and propose new legislative solutions to resolve the difficulties arising from the Act. Additionally, the study enhances effectiveness of the Act by comparing with Chinese and South Korean laws which are considered as the sufficient tourist protection laws. The thesis identifies problem of zero-dollar tour operate by transportation provider, problem of using Thai people as a nominee in travel agency business andproblem of illegal tour guide increasing. These problems have arisen form inappropriate elements of Travel Agency Business and Tour Guide Act that need for new amendment of the law.

            Therefore, the thesis proposes the new legislative solutions to regulate tourism industry and all parties involving in tourism industry, especially the tourists, are properly protected by this Act. The proposed new legislative solutions include addressing all types of transportation provider to an explanation of travel agency business, permitting foreign investment in travel agency business and permitting foreigner to engage in tour guide professional.