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日租套房管理法制之研究

A study of legal system for day-based rental suites

摘要


共享經濟創新商業模式崛起,「日租套房」因時代與社會需求而興起,其具有:住宿價格以日計算、交通便利、新裝潢吸引顧客、主攻低價位五星享受、收益高於月租型、設於都市公寓及大廈中、附設用品一應俱全等特色,因大多位於都市鄰近商圈或觀光景點交通便利的地方,故吸引許多國內外旅客選擇住宿。惟日租套房多未依法登記營業,政府並未嚴格取締及良善管理,不僅影響當地住民隱私與居住安寧,亦使消費者住宿潛藏安全風險,並衍生諸多社會問題及消費糾紛。另業者透過國際網路訂房平臺行銷,瓜分旅宿業市場對國內合法旅宿業造成衝擊等。又日租套房大部分皆混雜隱藏在公寓大廈、集合住宅或都市鬧區民宅中,故往往流於毒品、色情、刑事案件的死角,因沒有嚴格的消防等公共安全要求,對旅客產生生命的危害,此現象是各國政府關注與查察之重點。

並列摘要


With the rise of innovative business models in the sharing economy as well as the needs of the times and society, there is rapid development of "day-based rental suites," which have a number of characteristics, such as accommodation price calculated on a daily basis, having good public transport, with modern furnishing being attractive to customers, highlighting five-star enjoyment at low rent, higher income profit than month-based rental, located in apartments and buildings downtown, provided with complete accessories, etc. Since most of these day-based rental suites are located at urban areas near shopping districts or tourist attractions with good public transport, many local and foreign tourists are attracted to choose them for accommodation. Nevertheless, a majority of the day-based rental suites are not legally registered for operation, but the government has not strictly banned or managed them properly. It not only affects the privacy and quietness of the residents of the same buildings or in the same area, but also makes the consumers exposed to potential safety risk in their accommodation, and even derives a lot of social problems and consumer disputes. Besides, those renters market the day-based rental suites through the international booking platforms online, encroaching on the market of travel and hospitality industry and creating impacts on the local legal travel and hospitality industry. In addition, most of the day-based rental suites are mixed with and hidden in apartment buildings, condominiums or residential houses downtown, so they are often in the dead space in connection with drugs, pornography or criminal cases. These day-based rental suites seldom strictly comply with fire prevention and public safety requirements, so they might endanger the lives of travelers. This phenomenon is the focus that the governments of different countries pay attention to and review.

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