I never got an answer from the Ask The Lawyer section.

[Deacon Bell]

Which was a bit disappointing.

http://www.thaivisa.com/forum/topic/749452-is-dual-pricing-illegal-under-the-thai-2007-constitution/

Is dual-pricing illegal under The Thai 2007 constitution?

Section 30. All persons are equal before the law and shall enjoy equal protection under the law.

Men and women shall enjoy equal rights.

Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.

Many Thai government attractions, such as national parks, historical parks etc have separate prices for Thais and foreigners.

Showing proof of residence via a work permit, yellow tabien bahn, or even a Thai driving license can sometime get you the Thai price in National Parks.

Is it illegal to charge foreigners a separate price from locals based the Thai Constitution 2007 Section 30, based on that "discrimination against a person on the grounds of the difference in origin.... shall not be permitted."

[JLCrab]

If there is no case law what is he supposed to say especially as your examples are all government entities?

[Soutpeel]

"Unjust discrimination" is the operative phrase... is dual pricing consided "unjust discrimination ?

that needs to go before a court of law to decide

[noahvail]

Is an alien considered a person under The Thai Constitution, or only Thai citizens? I don't know, just askin'

[Boycie]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

[Jerry Cornelius]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Is this reply to be considered as 'couping out"?

Jerry

[StefanBBK]

I understand that at this point no answer is possible. Let's re-phrase the question then?

Was it unconstitutional before the coup?

Not that I care much either way, just being curious.

[Deacon Bell]

I understand that at this point no answer is possible. Let's re-phrase the question then?

Was it unconstitutional before the coup?

Not that I care much either way, just being curious.

I would have to guess that it was, if the translation of the constitution is correct:

"Unjust discrimination against a person on the grounds of the difference in origin, race....shall not be permitted."

Unjust discrimination: Being charged an increased rate would fall under that, without doubt.

Unjust discrimination against a person on the grounds of the difference in origin, race,,: On the grounds that a person (nor their parents) are not from Thailand (difference in origin), are not Thai (difference in origin, race.)

[Beetlejuice]

Forget the Thailand constitution, they just make the rules as they go along. Plenty of other things to do in Thailand.

I avoid the so-called tourist attractions that smack higher prices on tourists and if they all done the same, than soon duel pricing would become a thing of the past. It`s that simple.

[JLCrab]

A court could just say that the discrimination in this case was justified.

[manarak]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

[Beetlejuice]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

Total crap.

Some time ago 3bb were having promotions that for those who paid 1 year in advance were given 5% or 10% yearly discounts, or customers still had the choice of paying monthly without the discounts.

Customers who sign up for 3bb on a monthly basis are always on a yearly contract. This means that those who decide to cancel their 3bb service before the year is up are still eligible to pay for the remainder of the year as per contract, and I believe this also applies to TOT Internet service. These terms and conditions of contract are the same for all Thailand residents, never have I heard of farangs being imposed to pay a year upfront, unless for some reasons they do not have the appropriate visas as long term residents of Thailand.

[manarak]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

Total crap.

Some time ago 3bb were having promotions that for those who paid 1 year in advance were given 5% or 10% yearly discounts, or customers still had the choice of paying monthly without the discounts.

Customers who sign up for 3bb on a monthly basis are always on a yearly contract. This means that those who decide to cancel their 3bb service before the year is up are still eligible to pay for the remainder of the year as per contract, and I believe this also applies to TOT Internet service. These terms and conditions of contract are the same for all Thailand residents, never have I heard of farangs being imposed to pay a year upfront, unless for some reasons they do not have the appropriate visas as long term residents of Thailand.

total crap.

I wanted to pay monthly and even presented my work permit, but they insisted they would not install my line unless I paid for 1 year in advance.

[Beetlejuice]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

Total crap.

Some time ago 3bb were having promotions that for those who paid 1 year in advance were given 5% or 10% yearly discounts, or customers still had the choice of paying monthly without the discounts.

Customers who sign up for 3bb on a monthly basis are always on a yearly contract. This means that those who decide to cancel their 3bb service before the year is up are still eligible to pay for the remainder of the year as per contract, and I believe this also applies to TOT Internet service. These terms and conditions of contract are the same for all Thailand residents, never have I heard of farangs being imposed to pay a year upfront, unless for some reasons they do not have the appropriate visas as long term residents of Thailand.

total crap.

I wanted to pay monthly and even presented my work permit, but they insisted they would not install my line unless I paid for 1 year in advance.

Then it seems you had under a year remaining on your work permit and as I have already explained the 3bb Internet service is all based on a 1 year contract, so therefore unless you had a full year term on your work permit, than you would not have been given the option of opting to pay on a monthly basis.

This has nothing to do with being discriminated because you are a foreigner, but rather that the ISP is protecting it`s own interests to ensure that the terms of contract are not contravened, plus these terms and conditions are specific in their contracts.

[Satcommlee]

Would you consider a discount for OAP's discriminatory? Ladies nights in Nightclubs etc... It happens all over the world.

Maybe when you go to that attraction the regular price is 400 baht, but Thai's get a 340 Baht discount... That's one way around it in my opinion.

A retailer can offer a discount to whomever he wants..

[wooloomooloo]

...or another way to look at it - when I came to LOS to meet a girl years ago and arrived at the Grand Palace and paid a couple of hundred baht entry but the girl paid nothing I thought I made a saving not doubling the entry fee.

[enuff said]

.

This whole discussion is moot. The Thai constitution obviously refers to Thai citizens just like all other constitutions as in "We, the people of the United States", not every person everywhere. If not, why would there be such a thing as immigrations or customs authorities in the world?

As has been stated on TV forums a zillion times, you are a guest here. Depending on your country of origin, you must abide by various laws that only apply to you and not Thai people. Some countries (G7) get special treatment. Should the others start riots because of that? Are they protected by the Thai constitution? NO!

'nuff said

~

[Zlabermacht]

"Unjust discrimination" is the operative phrase... is dual pricing consided "unjust discrimination ?

that needs to go before a court of law to decide

Exactly, possibly the Supreme court.

Until it doesn't, I would say that is in the discretion of Parliament not to make a law about this, and so it's up to the Thai sovereign people to decide. So, for today, no unjust discrimination.

[Thai at Heart]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Lovely way to avoid the issue of basic xenophobia.

Everyone is equal except the unequal

[Zlabermacht]

.

The Thai constitution obviously refers to Thai citizens just like all other constitutions as in "We, the people of the United States", not every person everywhere.

That is not 100% correct.

[manarak]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

Total crap.

Some time ago 3bb were having promotions that for those who paid 1 year in advance were given 5% or 10% yearly discounts, or customers still had the choice of paying monthly without the discounts.

Customers who sign up for 3bb on a monthly basis are always on a yearly contract. This means that those who decide to cancel their 3bb service before the year is up are still eligible to pay for the remainder of the year as per contract, and I believe this also applies to TOT Internet service. These terms and conditions of contract are the same for all Thailand residents, never have I heard of farangs being imposed to pay a year upfront, unless for some reasons they do not have the appropriate visas as long term residents of Thailand.

total crap.

I wanted to pay monthly and even presented my work permit, but they insisted they would not install my line unless I paid for 1 year in advance.

Then it seems you had under a year remaining on your work permit and as I have already explained the 3bb Internet service is all based on a 1 year contract, so therefore unless you had a full year term on your work permit, than you would not have been given the option of opting to pay on a monthly basis.

This has nothing to do with being discriminated because you are a foreigner, but rather that the ISP is protecting it`s own interests to ensure that the terms of contract are not contravened, plus these terms and conditions are specific in their contracts.

Question:

Do you know anyone with a visa + work permit with more than one year remaining? (trick question)

But they don't ask Thais for salary payment slips either, and they said I was welcome to put the line on my GF's name, and then I could pay monthly.

My GF doesn't have a job nor money besides of what I give her, while my name is on the chanote for my place...

It is discrimination pure and simple.

[manarak]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Lovely way to avoid the issue of basic xenophobia.

Everyone is equal except the unequal

Coluche coined a witty phrase in France:

"some are more equal than others"

[Thai at Heart]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Lovely way to avoid the issue of basic xenophobia.

Everyone is equal except the unequal

Coluche coined a witty phrase in France:

"some are more equal than others"

Well the thai constitution has it written there in black or white. Obviously the English version should have some caveats added.

[Crossy]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Lovely way to avoid the issue of basic xenophobia.

Everyone is equal except the unequal

Coluche coined a witty phrase in France:

"some are more equal than others"

I thought it was George Orwell.

[manarak]

Ask the Lawyer has posted a reply

'At the moment we can not argue this point on either side as there is no constitution in Thailand right now, due to the coup and military takeover. Maybe we can answer you in the future when there is a new constitution in affect'

Lovely way to avoid the issue of basic xenophobia.

Everyone is equal except the unequal

Coluche coined a witty phrase in France:

"some are more equal than others"

I thought it was George Orwell.

you are right of course, but "animal farm" is not a litterature that's very widespread in France, so Coluche's plagiarism adaptation is what people there remember.

[Soutpeel]

Question:

Do you know anyone with a visa + work permit with more than one year remaining? (trick question)

Yes, trick answer, those with a 2 year WP...

[Beetlejuice]

Question:

Do you know anyone with a visa + work permit with more than one year remaining? (trick question)

But they don't ask Thais for salary payment slips either, and they said I was welcome to put the line on my GF's name, and then I could pay monthly.

My GF doesn't have a job nor money besides of what I give her, while my name is on the chanote for my place...

It is discrimination pure and simple.

Strange really, because I am a foreigner here on a retirement visa and never have such problems.

For some life must be very stressful in Thailand, the oppressed and the persecuted. In your case whether the Internet is in your name or your girlfriend`s name, what difference does it make, so what`s your problem?

In Thailand ex-pats should understand that they have very few statutory rights here and there are many entitlements that we give up once we leave our home countries. All these factors should be taken into consideration prior to moving here, otherwise there are the 3 options: move on, accept the situation for what is it and enjoy life here or start a revolution.

As for the duel pricing policies of some touristy attractions, what I said previous still stands; boycott and avoid these places until they get the message as it is still possible to function and survive in Thailand without them.

[Soutpeel]

I am fine with dual pricing as long as they differentiate between residents and non-residents, although that could be also interpreted as "difference in personal status" - that article of the constitution is too unspecific and too broad.

I was discriminated against by 3BB whose policy is to force foreigners into a one year contract paid in advance.

My guess is that some Thai corporations do discriminate against foreigners because these pesky foreigners actually complain and sometimes even refuse to pay for bad service !!

They should make the article more specific.

aint you being just a tad hypercritical saying duel pricing is ok if it discriminates, which is the whole premise of this thread ? but now your discriminating...

you havent been discriminated against by 3BB, they have stated the T&C's to you by which they will go into contract with you, its your choice to accept or decline the conditions set, you havent been forced into anything.

this sort of business practice is common the world over, irrespective of visa status or Work permit or not, one of things they will nomally check when going into a contract such as this, even in Thailand, is your credit history, if you have no credit history you are perceived as high risk, therefore a business could ask someone to pay for a service a year in advance, just in case someone does a runner.

A comparable example is credit cards in Thailand for foreigners, even on a WP, some banks want the person to be on a WP for 3 years before they hand out a credit card, simply because after 3 years working in Thailand, you have proved some form of "stable" employment in Thailand, therefore its percieved that the person is of "lower" risk

so please stop howling discrimination, all 3BB have shown is good business practice and due dilligence

[manarak]

Beetlejuice and Soutpeel:

As a foreigner providing proof of employment and proof of property ownership, I was denied a monthly payment plan, but any Thai person, regardless if broke or homeless, is able to opt for monthly payment.

This isn't due diligence in any way.

I am usually easy going with dual pricing and different policies based on residency where they do make some sense, and no, I'm not howling discrimination, but some things just don't make sense.

[Beetlejuice]

Out of interest and regarding your situation as a foreigner, how did you manage to get your name listed on a chanote (Thailand land deed) and become a property owner?