Hotel Act &

Tourism Agent and

Tourist Guide Act
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The Related Issues

1. Hotel act B.E. 2547

2. Penalty of Hotel Business
Contributor
3. Tourism Agent and
Tourist Guide Act
4. Legal Liability related to Tourism
Industry

1. ..2547
2.
3.
4.

1. Hotel Act B.E. 2547

1.1 Preamble of the Act

1.2 Structure of Hotel Act
1.3 Definition and the meaning of Hotel
1.4 Duty of Hotel business contributor
and Hotel manager
1.5 The limitation of a hotel managers
liability

1.
..2547

1.1
1.2 ..2547
1.3
1.4
1.5

Preamble of the Act

A hotel act B.E. 2478 has been enforced for a long

time ago and some provisions is inappropriate for
the situation of a present time. The economy and
the hotel business has developed and expanded
more and more thus for the promotion and
improvement of the standard of the hotel business
and regulate the certain regulation for the hotel
business which appropriate to each type of hotel
business, then the hotel act B.E. 2478 shall be
abrogated and notify the enforcement of the hotel
act B.E. 2547 for the correspond of the economy
and the hotel business in the present time.
the preamble (reason) to legislate the law (
attached in the bottom of the act )

2.1

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1.2 The structure of Hotel Act

B.E. 2547

Definition section 1-5

Chapter 1 The support and control of
the hotel business committee section
6-12
Chapter 2 Hotel business contribution
section 13-29
Chapter 3 Administration and
management of a hotel section 30-39
Chapter 4 Control and Appealing
section 40-44

1.2

1-5
1
6-12
2 13-29
3 30-39
4 40-44

1.2 The structure of Hotel Act

B.E. 2547

Chapter 5 Competent Officer section 45 - 47

Chapter 6 Penalty
Part 1 General principles section 48
Part 2 Administrative Penalty section 49-58
Part 3 Criminal Penalty section 59-61
Transitory provisions section is 62-66

1.2

5 45-47
6
:: 1 48
:: 2 49-58
:: 3 59-61
62-66

1.3 Definition of the vocabulary

by section 4

Hotel business contributor means the one who

received a hotel license to contribute a hotel
business by this act.
Manager mean hotel manager by this act.
Guest means the traveler or other person that use
the temporary residence service of a hotel.
License means a license to contribute a hotel
business.
Registrar means the appointed person by the
cabinet minister to be the registrar according to this
act

2.3 4

1.3 Definition of the vocabulary

by section 4

Competent officer mean the person whom the

registrar has appointed to take an action according
to this act.
(1) Police officer of commissioned rank or higher, or
(2) Civil officer of level three rank or higher, or
(3) Local Government officer of level three rank or
higher.
Committee means the support and control of the
hotel business committee.

Cabinet minister means the cabinet minister who

takes charge according to this act.

1.3 4

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1.3 The meaning of the word

hotel

According to the law which is Hotel Act (B.E.

2547) section 4 have given the meaning of
the word hotel as
The provided accommodation place with
the objective of a temporary residence
service business for the traveler or other
person, to be able to receives the payment.

1.3

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1.3 The meaning of the word

hotel

The exemption of the provided accommodation

place that is not a hotel

There are 3 categories for the exemption.

(1) The provided accommodation place of the
government service part, Public Enterprise (Public
organization) or other divisions of the government or
provided such place for the charity or education
which is not the profit or the income contribution to
apportion. When this type of the provided
accommodation place, was found out about the profit
or the income contribution to apportion, such place
shall be regard as a hotel.

The exemption of the provided

accommodation place that is not a hotel

(2) The provided accommodation place where

collect the service charge by monthly or more.
the exemption in (2) is emphasize on the service
charge of the rents out of the residence in which
collect the charges by monthly , yearly , as a result
of that shall not be a hotel , but if collect the service
charge shorter period of time than monthly, such as
, weekly , daily , hourly , or collect the service
charge on both monthly and shorter period of time
than monthly , shall be deemed to be a hotel which
has to apply for a permission to contribute a hotel
business according to law ,

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(3) The other provided accommodation

places that regulated in the ministerial
regulation.

The law has authorize the cabinet

minister to exempt the type of the
provided accommodation place which
shall not be a hotel according to law,
by only regulate in a ministerial
regulations
Ministerial regulation to set up the
hotel business type and contribution of
a hotel business standard (B.E.2551)

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No.1 the business that is not a

hotel

In the provided accommodation place in

same building or many buildings exceed
altogether with four rooms or with twenty
guests maximum which set up to serve the
temporary residence for the traveler or,
other person with payment that have the
character of extra income business and
notify to the registrar with a correct form
regulated by cabinet minister, shall not be a
hotel as regulated in (3) of the definition
hotel in section 4.

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No. 2. The hotel shall be divides

to 4 types, as follows

(1) Type 1 hotel means, a hotel that

provide only the rooms.
(2) Type 2 hotel means, a hotel that
provide the rooms and a restaurant or
the place for serving the food or the
place for cooking.

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No. 2. The hotel shall be

divides to 4 types, as follows

(3) Type 3 hotel means, a hotel that

provide the rooms and a restaurant or the
place for serving the food or the place for
cooking and the entertainment spot
according to law of the entertainment spot or
a conference seminar room
(4) Type 4 hotels means , a hotel that
provide the rooms and a restaurant or the
place for serving the food or the place for
cooking and the entertainment spot
according to law of the entertainment spot
and a conference seminar room

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1.4 The duty of Hotel business

contributor and a manager

To contribute a hotel business with the standard

and to promote and control a hotel business then the
duty of Hotel business contributor and a manager
shall be accompany with as follows (section 34 of
Hotel Act).
(1) Provide a hotel sign according to section 20 attach
to the front of a hotel, the hotel sign must contain the
specify word hotel in front of the hotels name.
(2) Provide the license show in the disclose area
which can be seen easily in a hotel.

1.4

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1.4 The duty of Hotel business

contributor and a manager

(3) Provide the permanent number sticks to the

front of every rooms, that number must formed an
Arabic number and prohibited to be repeatedly.
(4) Provide a document that shows the rate in the
disclose place which can easily seen in a hotel.
(5) Provide a plan of the fire exits in each floor of a
hotel and every room with emergency exit sign in
each floor of a hotel.
(6) Provide a document that shows the limitation of
liability according to Civil and Commercial Code
section 675 with a correct form regulated by a
committee in a hotel and every room.

1.4

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1.4 The duty of Hotel business

contributor and a manager

(7) Look after the cleaning under the hygienic

condition and the healthiness of a hotel according
to the law of the public health and the order of
locality officer or an public health officer
(8) Look after the statutory of a hotel with a strong
stability and the conflagration prevention system
according to the law of the building control and the
order of locality officer.
(9) Look after the quality of an environment
according to the law of the promote and prevent the
quality of the National environment.
(10) Take care and assist the guest in case of the
conflagration, inundation or any dangerous situation
occur in a hotel.

1.4

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1.5 The limitation of a managers

liability.

Since the law regulate the duty to Hotel business contributor

and a manager with co-duty the majority practice has to be
approved or financial support from the Hotel business
contributor so to prevent the manager from responsible in
every cases then the law regulated limitation of a managers
liability.
In case of which business administration that a manager must
approved from a Hotel business contributor if a manager has
already requested in written for the approval and the Hotel
business contributor ignores or does not manage. The
manager shall not be liable (Hotel Act section 34 paragraph 2)

1.5

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1.5 The limitation of a managers

liability.

The hotel act section 34 paragraph two

Which business administration that
a manager need approved by the
Hotel business contributor if a
manager has already requested in
written for the approval and the Hotel
business contributor ignores or does
not manage. The manager shall not be
liable.

2. Penalty of Hotel Business

Contributor

1 General Principle

2 Administrative Penalty

3 Criminal Penalty

1 General Principle

Section 48 In cases where the

offender is a juristic person . If such an
act were commit by or refrain from
acting in a duty of managing director or
any person who responsible for
conducting the business of the hotel.
Such person shall be punished as
prescribed for such offense too.

2 Administrative Penalty

Administrative Penalty is fine minimum 5,000

and not exceeding 50,000 Baht which settle a
fine by the competent officer by this act.
Under the fine penalty , the competent office
shall considering on a gravity and
seriousness of an act and the competent
officer may order such person to correct such
act or in a proper circumstance instead of the
Administrative Penalty as the officer deems
appropriate.

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3 Criminal Penalty

(1) The hotel business conduct a hotel business

without permission. A term not exceeding one year,
a fine not exceeding 20,000 Baht or both. And a
fine not exceeding 10,000 baht per day during the
violation period.
(2) Being a manager without qualifications or
disqualifications under section 31 paragraph one
shall be imprisoned not exceeding six months or a
fine not exceeding 10,000 baht, or both.
(3) the false information in the registration card or
register at the hotel. Or interrupt or not facilitate the
competent offer in the performance of duties. Such
act shall be liable to imprisonment for not exceeding
one month or a fine of not exceeding one thousand
baht, or both.

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(1)
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(2)
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(3)

3. Tourism Agent and

Tourist Guide Act B.E.2551

3.1 Background and the Preamble of

the act
3.2 The structure of the tourism agent
and tour guide act B.E. 2551
3.3 Definition
3.4 Duty

3.
..2551

3.1
3.2
.. 2551
3.3

3.4

3.1 Background and the

Preamble of the act

In the present time the assembling tour guides

business and a tour guide career have growth
greatly, should legislate the law to set the standard
for this business and The Tourism Authority of
Thailand shall perform to promote and control the
contribution of tourist guide business and tour guide
occupation to the regulations and standardized
according to the law for the benefit of every side of
the people that relate and of the tourism industry of
the country.

3.1

3.2 The structure of the tourism agent

and tour guide act B.E. 2551

Definition section 1- 6
Chapter 1 The tourist guide business
and tour guide committee
Section 7-14
Chapter 2 The tourist guide business
section 15-48
Chapter 3. Tour guide section 49-63

3.2

1-6
1
7-14
2 15-48
3 49-63
4 64-68

3.2 The structure of the tourism agent

and tour guide act B.E. 2551

Chapter 4. The tour agent section 6468

Chapter 5. The tourist guide business
protection funds
Section 69-73
Chapter 6. Supervision section 74-79
Chapter 7. Penalty section 80-95
Transitory provisions section 96-102

3.2
5 69-73
6 74-79
7 80-95
96-102

3.3 Definition

Tourist guides business mean the business that

take the tourist to travel for a tour or travel for other
objective by provide the service or either one or
varied facility ,for example the accommodation,
food , tour guide , or other service according to the
provision in the ministerial regulations.
Tourist means the traveler from one place travel to
another place for the benefit of recreation,
education, entertainment, or other purpose.
Tour guide means the tourist servicer for ordinary
business by take the tourists to the difference
places by service about an advice and other
knowledge to the tourists.

3.3

3.3 Definition

The tour agent means the person who is in charge

of taking care and facilitate to a tourist in the travel
tour to the foreign countries.
The service charge means the wages and other
expenses that a tourist pays to the tourist guides
business contributor, for the arrangement, the
service or the facility about the travel
accommodation, food or other purpose.
Committee means the tourist guide business and
tour guide committee.
Funds means the tourist guide business protection
funds

3.3

3.3 Definition

Office means the office of tourism development.

Director means the director of office of tourism
development
Registrar means the central tourist guide business
and tour guide registrar or the tourist guide
business and tour guide branch depend upon the
cause.
Competent officer means person who The tourist
guide business and tour guide is a director has to
take action to follow act of this legislation.
Cabinet minister mean cabinet one acting
temporarily in place minister follows act of this
legislation.

3.3

3.4 the duty of the tourism business

contributor

1. the duty in the arrangement does a document advertises or

, induce about the list guides that have the detail , according to
26 sections note
2. the duty in the giving information gives a tourist knows
about list change has guided wrongly from that advertise or ,
induce keep , follow 27 sections ,
3. the duty pays to return to a tourist , because of , there is the
reason that make a tourist can not can travel individual , or ,
there is the cause gives must cancel the lead has toured
according to advertise to keep , although , not the mistake of
the businessperson guides to follow 28
4. duty sections doesn't modify the list guides , follow 29
sections ,

3.4

1.
26
2.
27
3.

28
4. 29

Section26 in an advertisement or , induce about the

list guides to give the businessperson guides to
make is a document which , at least must have the
detail , as follows ,

(1) , businessperson name guides , and the place and license

number run a business to guide
(2) , the period of time that use in the lead tours
(3) , the service charge and the way pay the service charge
(4) , the character and a type of the vehicle that use in the
travel
(5) , the destination and that visit to rest , and important place
in the lead tours
(6) , the character and a type of the residence , and the
amount time of very food gives ,
(7) , guide amount or , a leader tours in case of , very have a
guide or , a leader tours ,
(8) , minimum amount of a tourist for the lead tours , in case of
have a condition that , must have many tourists more than the
amount that s fix

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4. Legal Liability related to

Tourism Industry

Section 33 in the arrangement s have a guide or , a

leader tours to travel to with businessperson tourist
guides must use a guide which , receive a license is
a guide or , a leader tours which , get register follow
act of this legislation , depend upon the cause ,
in the travel goes to perform one's duty of a guide
or , a leader tours to follow one space , give
regarded as the behavior in the sense with regard
to of hire ( in the course of employment ) of the
businessperson guides.

4.

Duty to provide an accident for

protects of legal liability

Section 34 Tourism business person

shall provide a tourist or guide an
accident insurance to guide tourist and
a leader tour in between tour , in order
that ,traditionally standard at notice
committee fixes.