Regulation of online intermediation service for tourism business

The rapid growth of online intermediation services for tourism business has raised questions regarding their classification and legal liabilities within existing regulatory frameworks. This thesis aims to examine and analyze the regulatory challenges and implications related to the operation of this modernized online intermediation platforms or website for the tourism business, focusing on the case of Thailand. The study starts by analyzing the nature of these modern intermediation platforms which is an intermediary platform, connecting the local guides and the tourists seeking touring and guiding services. While the platforms can possibly to be considered as a tourism business, the definition of “Tourism Business” outlined in section 4 of Thailand’s Tourism Business and Tourist Guide Act B.E. 2551 (2008) does not explicitly encompass the online intermediation service for tourism. Consequently, the legal status and potential liabilities of these platforms become uncertain.Controversies arise as to whether the broad interpretation of the existing definition of tourism business covers online intermediation services or if amendments are necessary to explicitly include them. This thesis aims to consider the controversial issue which is an ambiguity of legal definition, particularly with regard to the joint liability of online intermediation service providers or business entrepreneur in cases of damage or injury to the tourists during trips arranged through their platforms. The analysis in this thesis searches into relevant legal principles, including contractual relationships and the principle of ostensible agency, in order to assess the potential liability of these platforms under general principles of Thai law.This thesis concludes that addressing the legal uncertainty encompassing online intermediation service for tourism business requires a comprehensive approach. An amendment to the existing tourism law is recommended to explicitly cover this modern business, providing framework for their regulation and governance under the Thai authorities. This approach will support the development and growth of this new online intermediation service while ensuring sufficient protection for tourists and governing a fair and transparent business.