Hospitality & Tourism

Sector Focus

Hospitality & Tourism

Legal counsel for hotels, resorts, restaurants, tour operators, and leisure investors across Thailand.

Thailand's Flagship Industry

Tourism and hospitality remain among Thailand's most important economic sectors — and among the most legally complex for foreign investors and operators. Hotel ownership, management, licensing, employment, and guest relations each carry distinct legal requirements. Getting these right creates stable, profitable businesses; getting them wrong creates exposure that can be difficult and expensive to fix.

We advise hotel owners, resort developers, restaurant groups, tour operators, and leisure investors on the full range of legal issues they encounter in Thailand.

Investment & Ownership Structures

Hospitality businesses in Thailand are subject to the Foreign Business Act. Hotels are generally classified as reserved businesses, requiring FBA licences, BOI promotion, or treaty protection for foreign-majority ownership. Restaurants and tour operators face similar restrictions. We advise on:

BOI Hotel Promotion

Hotels and resorts may qualify for BOI promotion, granting land ownership rights, tax holidays, and FBA exemption. We manage the full application and compliance process.

Hotel & Resort Acquisitions

Due diligence on hospitality targets — covering title, licences, existing management agreements, employee obligations, and regulatory compliance — before you commit capital.

Land & Lease Structures

Long-term registered leases, superficies rights, and usufruct arrangements for hotel and villa developments where freehold ownership is unavailable to foreign investors.

Branded Residences & Condotels

Structuring mixed-use hotel and residential developments, rental pool agreements, and the regulatory and ownership considerations for condotel projects.

Licensing & Regulatory Compliance

Hospitality operations in Thailand require a suite of licences and ongoing regulatory compliance. Missing or lapsed licences can result in fines, closure orders, and criminal liability for directors.

  • Hotel Act Licence — All hotels must be registered under the Hotel Act. We advise on eligibility, application, building and safety compliance requirements, and ongoing obligations for licensees.
  • Liquor Licences — Sales of alcohol in hotels, bars, and restaurants require licences from local authorities. We assist with applications, renewal, and compliance with permitted hours and conditions.
  • Tour Operator Licences — Outbound and inbound tour operators require licences under the Tourism Business and Tour Guide Act. Foreign majority ownership in tourism businesses requires additional approvals.
  • Food Establishment Licences — Restaurant and food service licensing from public health authorities, including food handler requirements and premises standards.
  • Entertainment & Events — Venue licensing for entertainment, live music, and events — including compliance with the Entertainment Places Act and local authority requirements.

Hotel Management Agreements

Hotel Management Agreements define the relationship between a property owner and an operator for the duration of the management term — often 20 to 30 years. The balance of rights and obligations in an HMA has significant financial consequences. We advise owners and operators on:

Operator Selection & Negotiation

Reviewing and negotiating HMA terms — including fees, performance tests, owner approvals, FF&E reserves, and termination rights.

Performance Testing

Advising on performance test mechanics, cure rights, and the conditions under which owners can exit a management agreement for underperformance.

Owner-Operator Disputes

Resolving disputes over accounting, capital expenditure, termination, and brand standards — through negotiation, arbitration, or litigation.

Operational Legal Support

Beyond investment and licensing, hospitality operators face ongoing legal needs across employment, guest relations, supplier contracts, and data protection. We support operators with:

  • Employment & HR — Employment contracts, work permits for foreign staff, disciplinary procedures, unfair dismissal defence, and Workmen's Compensation Act compliance.
  • Supplier & Vendor Contracts — Food and beverage supply, linen and laundry, technology systems, and outsourced service agreements.
  • Guest Liability & Insurance — Advising on liability exposure, guest injury and property damage claims, and ensuring insurance arrangements adequately cover operational risks.
  • PDPA & Data Protection — Guest data collection, marketing consent, OTA data sharing arrangements, and breach response protocols under Thailand's Personal Data Protection Act.

Talk to Our Hospitality Team

From hotel acquisition to daily operations, we provide practical legal advice that supports your business objectives across Thailand.