Govt crackdown on Airbnb, declares bookings illegal

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by Nereus » Sun Jun 17, 2018 9:43 am

This is confusing as it seems that there are currently two threads about this subject, this one and this one:
viewtopic.php?f=20&t=36357#p466727
...............................................................................................
Shaky law on Airbnb rentals

A court ruling on Airbnb in Hua Hin was meant to weaken sentiment among condo buyers who buy units to rent out on a daily basis. Yet the data shows the number of daily-leasing units continues to rise...……………………………………….>>>>>>>>>>

The article is too long to bother posting it here. However, there is a comment near the end of it that seems to contradict what Crazy 88 has posted:
In the resort markets, there is demand from tourists who prefer renting an apartment or a villa for a week over staying in a hotel. However, this is currently not legally possible.
And the following is what it is really all about:
The government might want to amend the law to allow this. It can follow the example of some other countries which have legalised such rental scenarios if certain safety standards are met. If the law was changed, the government should seriously consider asking Airbnb to collect relevant taxes on properties listed on its platform so that the government can generate extra income.
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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by buksida » Sun Jun 17, 2018 10:25 am

That is all any of this is about - the Junta wants their cut.
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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by caller » Sun Jun 17, 2018 11:17 am

I doubt Airbnb will want to collect taxes. They will lose 1000's of clients Word wide.

I also thought the article part PR for the condo construction industry trying to re-assure potential buyers. It was interesting to learn that many Chinese investors have bought heavily in Thailand for short term lets.
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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by stepw » Sun Jun 17, 2018 10:18 pm

one has to be careful with AirBnB these days. I had an unpleasant experience after someone booked my condo for what one call immoral purposes. As I am usually not there during the week, I did not find out until much later after some stupid guy thought my condo was a place where he can find girls and knocked on a day when I was there. Apparently a girl had taken him there a few weeks earlier for some sort of orgy.

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by Gregjam » Mon Jun 18, 2018 6:15 am

AirBnB is getting a lot of flack about this but what about the other sources. How many of the local and Thai renters use either a facebook source or local contact. You only have to ask the guards at a lot of the estates and you will soon be connected to someone who rents out houses. I would hazard a guess that the majority of the weekend rents by Bangkokians are done over the phone. When friends and family come to visit the missus has arranged a rental through local contacts, plenty of choice available. Much cheaper for a family than staying in a hotel.

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by crazy88 » Mon Jun 18, 2018 7:52 pm

Buksida wrote

"Right, Expedia are just a booking agent that takes commissions, similar to Airbnb. They have no authority over the authorities in this country."



Quite right Buksida. So are Thomas Cook, Trailfinders, Kuoni, booking.com and pretty much every other travel agent in the world . ( Read Gregjams post which covers a lot more as well.) They take the money, take theirs , pay taxes in their own country, send you yours where you are responsible for your own financial affairs in Thailand ( or any other country) and ensuring all rules are adhered to.

Sometimes the owner or their management company/ representatives are on hand to take care of clients all the way through their stay and also take payments and distribute them accordingly . Sometimes the owners just want to just leave the keys under a rock or slip the security guard 50 Thb to hand them over not caring if it is 2 people or 20 and not caring if the other residents and the general rules are completely ignored. Then they post online complaining that all the other owners hate them and the place is trashed costing them 6 months of rent and a lot of bad feeling with their neighbors. :roll:

The days of walking into a travel agent and telling them what you want so they can profile you and your requirements then offer you something suitable are long gone. It is all done on the internet so customers and their needs are not properly profiled. If I get a nice family from Sweden that want to go golfing, enjoy some culture, nice foods and some tours; who's idea of a wild night is a BBQ on the beach with their new found friends and a few drinks with a bit of music then I know where to recommend . Same if it is a group of 10 lads that want to go on the beers, party until 3 am and come back with girls to carry on drinking until sunrise, sleep all day then get up and do it all again. Each customer should be profiled put in suitable accommodation and taken care of throughout the stay. International companies do not do this in most cases as they are relying on hotels, guest houses etc to do this which is, of course, their job.

Individuals that rent or lease out, regardless of long or short term, should be responsible for their own affairs and conduct of their tenants. Also there own taxes etc .

The " Im not paying and getting ripped off by some property management company to get me qualified , decent ,clients, take care of them and the property, etc. etc etc...). Just adjust your level of service and price accordingly !

Customers do not mind paying a little bit more for a decent, well maintained and run property with someone they can call on for advise, help etc. At least I don't; Or am I an exception. ?

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by bsdk1960 » Mon Jun 18, 2018 9:47 pm

caller wrote:
Sun Jun 17, 2018 11:17 am
I doubt Airbnb will want to collect taxes. They will lose 1000's of clients Word wide.

I also thought the article part PR for the condo construction industry trying to re-assure potential buyers. It was interesting to learn that many Chinese investors have bought heavily in Thailand for short term lets.


Denmark had just made a deal as the first in the world.

https://www.bbc.com/news/business-44166174

Uber was pulling out of Denmark,but it seems they want to make something simular as Airnb.

https://www.thelocal.dk/20180508/uber-w ... t-mistakes

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by caller » Mon Jun 18, 2018 10:34 pm

bsdk1960 wrote:
Mon Jun 18, 2018 9:47 pm
Denmark had just made a deal as the first in the world.
Interesting, but a little different to the article we were discussing which talked of airbnb actually collecting taxes. Still, good luck to the Danes for getting some agreement from Airbnb and restricting the number of nights a property can actually be let. It will also be interesting to see how many continue to advertise with airbnb as a result?
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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by bsdk1960 » Tue Jun 19, 2018 12:31 am

caller wrote:
Mon Jun 18, 2018 10:34 pm
bsdk1960 wrote:
Mon Jun 18, 2018 9:47 pm
Denmark had just made a deal as the first in the world.
Interesting, but a little different to the article we were discussing which talked of airbnb actually collecting taxes. Still, good luck to the Danes for getting some agreement from Airbnb and restricting the number of nights a property can actually be let. It will also be interesting to see how many continue to advertise with airbnb as a result?
youre right didnt read the article correct, sorry
Im sure people find away around it,so they can avoid tax.

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by Jose » Wed Jun 20, 2018 12:30 pm

In ChiangMai and Krabi , they are shutting guest houses with over 4 rooms that do not have hotel license, any that are reopening are being forced to change signs to "Monthly Only"

anyone know if this will be enforced in HH soon

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by buksida » Sun Jun 24, 2018 1:42 pm

THAI LAW: CASE CLOSED ON AIRBNB. HERE’S WHY IT WON’T MATTER.
After panic erupted among thousands of Airbnb providers worried the days of sweet, tax-free income were over, the company told them Saturday that yes, they are breaking the law.

“Travel is evolving rapidly, and existing rules in Thailand do not reflect how millions of Thais travel or want to use their homes,” read the email, which went on to say the company was “sharing best practices, case studies and our experiences” with the Thai government.

It cited a Thai court of first instance ruling in January that owners of two condominium violated the Hotels Act of 2004 by renting their rooms out daily and weekly. The judgments confirmed the opinion of many lawyers that the daily rental business – and operating a hotel business without a license – is illegal.

On the opposite side, those who interpreted the business as legal sometimes were unsure and couldn’t help but doubt whether they were right. Mostly they were on the side of the condo owners and produced legal theories to comfort themselves while risking criminal prosecution.

And who can blame their wishful thinking? After all, Airbnb has said that Thailand’s more than 60,000 listings put ฿4 billion in people’s pockets in a one-year period.

But after the two court judgments above, some of them might have changed their minds and approaches.

To a bunch of Thai lawyers, the issue is now settled: running an Airbnb business is illegal. For them, the question is no longer its legality, but whether the law will be diligently enforced, and how light or severe the punishment will be meted out. If there is another similar case, the condo owner will find it hard to escape conviction.

The prescribed punishment under the Hotels Act for operating a hotel business without a license is one year jail term and a fine not exceeding ฿20,000 (USD$645) on top of a daily fine not to exceed ฿10,000 per day as long as the violation continues.

Only daily and weekly rentals are illegal. The Hotels Act specifically exempts monthly rentals because a room rented by the month is not classified as a hotel room and is therefore okay.

More: http://www.khaosodenglish.com/featured/ ... nt-matter/
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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by crazy88 » Sun Jun 24, 2018 6:30 pm

"Some condo owners believe that if their daily rental business does not exceed four rooms in the same building or in separate buildings, and the capacity of the rooms does not exceed 20 guests, they will not be held accountable under the Hotels Act. Wrong!

The four rooms are exempt from the grip of the Hotels Act only when the condo owner notifies his daily rental business to the hotels registrar. Without the notification, the four rooms violate the Hotels Act and remain illegal. "

Well that's simple. Don't have more than for units and email the tenants details to the registrar or give hard copies at the desk ? If so I still think number of guests, behavior rules, noise levels and general conduct should be enforced somehow.

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Re: Govt crackdown on Airbnb, declares bookings illegal

Post by buksida » Tue Jun 26, 2018 8:06 am

Airbnb pushes for Hotel Act rethink

Airbnb is continuing to push the Thai government to reconsider its Hotel Act, paving the way for the company to expand its business in Thailand.

Mich Koh, head of public policy in Southeast Asia for Airbnb, said its regional team will meet with Thai officials on July 3 to discuss tourism growth and how the company can help drive the sector here.

Airbnb, an online marketplace and hospitality service for people to lease or rent short-term lodgings, said it hopes the Thai government will acknowledge the changing business environment, including the home-sharing business, which has grown globally over the last decade.

In Thailand, Airbnb has been working with several ministries such as the Tourism and Sports Ministry, the Interior Ministry and other related authorities to liberalise the sector. But the main regulations involving the hotel business remain unchanged.

Many governments in Europe and the Americas have revised their laws to suit the new business reality, she said.

But it may take time for those changes in Thailand, said Ms Mich, adding that a clearer policy on hotel regulation in Thailand is needed.

A recent lawsuit case in Hua Hin is expected to push the government to reconsider the Hotel Act, said Ms Mich.

Asked whether the Thai government should adapt the Japanese model, which allows homeowners to put their properties up for rent, she said that decision will be left to the Thai government, as the conditions in Japan differ from here.

Regarding the tourist tax issue, Airbnb said the company has already paid US$300 million (9.9 billion baht) to the local governments over the last three years.

She said the platform has also helped hosts declare additional income tax to local authorities.

Another issue is reporting of guest information to the immigration bureau.

Ms Mich said Airbnb has trained hosts on how to provide guest information to the relevant authorities.

"All of this is new to Thailand, but the future [looks bright]," she said. Airbnb is also confident that it can boost income for locals and communities, especially in secondary provinces being promoted by the Thai government."

Airbnb's latest survey found that tourists have shifted from staying in major areas in Bangkok to outer areas to explore local experiences.

As end of 2017, there are 61,400 Airbnb listings in Thailand. About 1.2 million tourists came to Thailand and stayed at Airbnb hosts.

https://www.bangkokpost.com/business/to ... ct-rethink
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