What should a Holiday Rental Management Agreement include under Thai law?

1. Definitions and Interpretation
2. Appointment and Authority
3. Lawful Operation of the Property
4. Manager's Services
5. Guests, Damage and Deposits
6. Owner's Use
7. Repairs, Expenses and Suppliers
8. Money
9. Management Fee
10. Reports and Records
11. Taxes
12. Personal Data and Privacy
13. Insurance
14. Liability
15. Term and Termination
16. Force Majeure
17. Notices, Law and Disputes
18. General

• In Thailand, a place that provides temporary accommodation to travellers for payment is a "hotel" under the Hotel Act B.E. 2547 (2004), section 4, unless it is let only by the month or longer, or falls within an exemption in a ministerial regulation. Running a hotel business without a licence is a criminal offence (sections 15 and 59). This Agreement cannot make an unlicensed letting lawful.
• You chose to let only for stays of one month or longer (Clause 3.2). Set the minimum stay on every platform to one month and charge by the month. Nightly or weekly stays would need a hotel licence or a notification receipt.- You stated that the Property is covered by a hotel business licence (…). Keep the licence displayed, pay the annual fee, keep the register of guests and send copies to the registrar as the Hotel Act requires. Using a house or condominium as a hotel may also need a change-of-use approval for the building.- You stated that the Property has been notified as accommodation that is not a hotel (…). That route is available only for small properties that meet the limits on rooms and guests set by ministerial regulation. Check the conditions on the receipt and do not exceed them (Clause 3.2).
• Obtain the current regulations of the condominium juristic person. Many condominiums prohibit daily or weekly letting and may refuse key cards or fine the owner (Clause 3.3).
• Foreign guests must be reported to the immigration authorities within 24 hours after arrival. The Manager does this under Clause 4.1(f); keep the receipts.

• The Manager holds the booking money for the Owner in a separate account and pays the Owner within … days after each month, with a statement and receipts (Clauses 8 and 10). Check each statement against the platform reports.- The platforms pay the Owner directly, and the Manager invoices its fee and expenses each month (Clause 8.2). Check each invoice against the platform reports.
• Income from letting the Property is the Owner's taxable income in Thailand, even if the Owner lives abroad. Payments to an owner who is not resident may be subject to withholding tax. Ask an accountant before the first payment (Clause 11).
• A VAT-registered Manager charges VAT on its management fee and issues a tax invoice. If the Owner is a Thai company, it normally withholds 3% from the management fee and gives the Manager a certificate.

• A management agreement of this kind is treated as a hire of work (Instrument 4 of the Stamp Duty Schedule): 1 THB for every 1,000 THB or part of 1,000 THB of the fees. On the estimated fees you entered, the duty is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered. The Manager pays it. If the actual fees are higher, additional duty is payable.
• If the Owner also signs a power of attorney so that the Manager can deal with the authorities or the condominium office, that power of attorney carries its own stamp duty.

• Give the house rules to every guest before arrival (Clause 4.2) and keep dated photographs from each inspection (Clause 4.1(e)) so that damage claims can be made within the platform's deadline.
• Never install cameras inside the Property, and disclose outdoor cameras in the Listings (Clause 12.3).
• Passport copies must be deleted within one year after each stay unless needed for a claim (Clause 12.2).

• Either Party may end the Agreement on … days' notice (Clause 15.1). Agree in writing what happens to each future booking, and obtain the keys, codes, deposits, inventory and records within 14 days (Clause 15.4).
• The Listings and reviews belong to the Manager, so the Owner starts new Listings after the handover. Ask for the booking history for the Owner's tax records.- The Listings are in the Owner's accounts. Change the passwords and remove the Manager's access on the day the Agreement ends.

• A Thai court works in Thai. A certified Thai translation of this Agreement and of the statements will be needed. An owner abroad should keep a representative or lawyer in Thailand who can receive documents.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-C5EC65. If you reuse this content, please credit the author and link to the original.