This report explores the ethical and legal landscape of the tourism and travel sector, examining key laws, regulatory bodies, and ethical dilemmas. It also discusses corporate social responsibility in the industry.
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Ethics & legislation in tourism and travel sector
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Table of Contents INTRODUCTION..............................................................................................................3 TASK 1.............................................................................................................................3 P1 Law used to regulate the tourism and travel sector............................................3 P2 Role of regulatory bodies in regulating the sea, air transport and surface sector5 TASK 2.............................................................................................................................6 P3 Impact of safety, health and security legislation on the hotel.............................6 P4 Equality legislation applicable while managing and recruiting the employees in a hotel.........................................................................................................................7 TASK 3.............................................................................................................................8 P5 General features of some laws...........................................................................8 P6 Consumer protection legislation relating to avoid criminal or civil liability...........9 TASK 4.............................................................................................................................9 P7 Instances of ethical dilemmas and ways of dealing with dilemmas....................9 P8 Corporate social responsibility in travel and tourism industry...........................10 CONCLUSION...............................................................................................................11 REFERENCES...............................................................................................................12
INTRODUCTION Tourismlawcomprisesthegeneralgovernmentregulationsandspecific hospitality and specific travel laws.The purpose of creating the travel law is to supply a regulative model for proper development and management of the tourism industry. The report will focus on the laws which regulates the travel and tourism sector. The report will also discuss the regulatory bodies which impacts the surface, sea and air transport. It will also discuss the impact of safety, security and health on the legislation of the hotel. Also the report will outline the equality legislations applicable for the benefit of the employees. Further the report highlights the general features and consumer protection legislations of the travel and tourism industry. At last the report will focus on the concept of the ethical dilemma and ways of dealing with it and also the concept of corporate social responsibility. In travel and tourism management, it has major influences of laws and regulation whicharerelevantwithsecuringtheindividualrightsandbriningthesatisfactory services among consumers. It includes laws relevant with transportation, confidentiality of consumer and employment related legislatures. TASK 1 P1 Law used to regulate the tourism and travel sector Influences of legislative environment and laws in a country would be effective for the government in relation with regulating ethical norms as well as brining a sustainable business environment for travel and tourism sector. In UK there have been laws and regulation which are being government by three governmental authorities on which HMRC has played main role in operating the business activities effectively. Law is important for every work, occupation, industry or the society. Laws are certain rules and regulations and norms which provides for the proper guidelines and the way one has to behave to sustain equity in the society (Cró and Martins, 2017). There are different types of laws governing the different sectors of the society. Classification of laws: In accordance with the legislative environment in UK there has been influences of two categories of laws such asstatutes and common laws. Whereas, statutes are
relevant with the acts, amendments and regulation formed under the parliament and based on various reading as well as debates on it. These are the acts which were formulatedbyministersandapprovedbyroyalascent.Alongwiththis,asper considering the common laws these are the acts which were based on the real-life cases as example. Thus, the laws were made as per the past incidents and judgment facilized under such cases will be considered. However, it can be termed as case laws. Criminal and civil court: In accordance with the criminal cases such as robbery, murder and relevant crime on which the hearing of such issues will be made at criminal courts on which legislativepractitionersusedtoanalysethecasesandmakerelevantlegislative analysis over the facts. Along with this, as per considering the operational framework of a civil court where cases are mainly relevant with rape, domestic violence, theft, fraud etc. were regulated. The sole aim of beginning the tourism laws is standard procedures, developing tourism industry in an ethical and regulated manner and to safeguard the obligations and the rights of the people and all the system and companies which are involved in the travel and tourism industry. The laws regulating the travel and tourism sector are as follows:- Developmentoftourismact1969-thisactaimsatcoordinatingallthe administrationwhich are part of the tourism sector.This act renders financial assistance out of public funds for the establishment of new hotels. The British Tourist Authority and the English Tourism Council have now been incorporated to form a single entity named 'VisitBritain'.TheDevelopmentofTourism'sactsaimwastoco-ordinateallthe organisations that make up the tourism sector. Package holiday, package tours and package travel regulations 1992-all the UK tour businessmen offers package holidays which have been related to the package tour, holidays and travel regulations(Xiang and Tussyadiah, 2014).These regulations operated to make sure that there is proper behaviour and conduct by the tour operators and companies with their customers.These regulations checks and keeps a watch on what are the tour agents responsibilities towards their customers. And if the tour operators and companies does not behave properly then what the customers can do is
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also mentioned in this act. According to the act all the regulations and information should be displayed correctly in the brochure of the tour operator company. Transports Acts 1980 and 1985- this act is passed under the act of parliament in the United Kingdom.This act initiated the abolishment of the coach services in the U K and this act also allows the authorities to demolish the bus services which were earlier given on a trial basis. The act of 1980 ended the licensing laws needed by the bus operators which earlier affected the express coach routes of the buses.Also the act of 1985 demolished the route system of the buses and because of thisabolishment the private buses were allowed to operate through all the routes in UK. P2 Role of regulatory bodies in regulating the sea, air transport and surface sector The main and sole goal of the regulatory bodies is to regulate the management and development of tourism industry by presenting new practices of tourism by deciding the obligations and rights of the individuals involved in the tourism industry. Sea transport-the ships and sea transportation is primarilyregulated by the International Maritime Organisation (IMO). It is a London based in United Nations and thisbody is answerable for the life of workers working at the sea and also keeps an eye on the protection of the employees andthe marine environment.International Maritime Organisation (IMO) has adopted a very broad structure of the detailed laws in the form of the international diplomatic conventions which governs the security and safety of the sea transports and the security and protection of the marine environment.About 90% of world trade is carried on by the international shipping industry. If this sea transport is not there then the import/export of affordable food and goods would not be possible.The harsh quality of the sea bring out ships to face considerable quantity of the physical risk, so a total seriousness to safety diffuses all deep sea shipping operations.Agency such as Maritime and Coastguard Agency (MCA) act as per preventing the loss of life on sea and cost. However, there has been legislations and guidance relevant with marine activities. Air transport-air transport is governed and regulated by the Civil Aviation Authority (CAA).This authorityis answerable for all the ordinance and control of the air powersafety in the UK (Kaaristo and Rhoden, 2017).It decides the policy for how to use the airspaceand theeconomicalregulations of the airports and the licensing and
thefinancialstabilityoftheairlines.TheCAAisanself-directedbodywhichis accountable for the economic, airspace policy, consumer protection and safety of them. The CAA also regulates the UK authorities on how to deal with the aviation issues, how to conducts economic and scientific research, how to produces statistical data and represents it according to the consumer interests. Surface sector-it includes the carriage done by the roads. It is anact passed by thelegislativeassemblyoftheU.K.inordertoimplementthecontractforthe international carriage of goods by road into the British laws.It assist and develops the travellers that are travelling on the board of the mode of transportation.It may include mental or physical disorders or damages to the passengers while travelling on the carrier, loss of luggage etc.along with this, there must be ascertainment of operational practices by Office of rail and road (ORR). It funnels the travellers regarding the route, duration and facilities stated in such locations. TASK 2 P3 Impact of safety, health and security legislation on the hotel The primary and sole motive of the health and safety regulations of any tourism companyis to ensure that the working atmosphere provided to the employees is risk- free and safe fromall hazardous and contagious harms.It is the employer's obligation to cater the need for the guarding the safety of the worker from any injuryat the workplace (Aydin and Karamehmet, 2017). For this the tourism and travel industry follow the guidelines of the Health and Safety at Work Act 1974. this act specifies a wide variety of duties and roles that the employer have to perform the employers must ensure and protect the safety, health and welfare of the employees working at the workplace as well as other people like the clients, casual workers, general public near the workplace and the office premises and the visitors in the office. Health and Safety at work Act 1974: As considering the framework of HSE UK on which it can be said that, there has been major liabilities lies with the employer on workplaceactivitiesandtowardsemployees.Operatingthewell-conditioned machineries, equipment as well as implicating all the safety measures would help te organisation in preventing the uncertain risks or damages.
P4 Equality legislation applicable while managing and recruiting the employees in a hotel In general,equalityrefers to the situation in which everyone is treated equal.It is important for a democratic society to promote equality and to fight for different issues of inequalitylikeinequalitybetweentherichandpoor,genderinequality,orracial inequality. The different components of the equality legislation are as follows: - The equality act 2010-the updated equalityact came into existence from 1 October 2010.The equality act brings together over 116 separate items of civil law into one act. They create a new act which provides a legal model to assist the rights of individuals and promote and encourage equality among everyone residing in a country. The act changes and strengthens the current system of the law and provides Britain with a fresh anti- discrimination lawwhich protects all the individuals and the society from the unfair treatment by any organisation and promotes a clean and more balanced society.Along with this, as per considering the equality and diversity on which it can be said that it outlines various approaches such as diversity monitoring and recruitment, delivery of services, training and assessment of impacts. Moreover, bringing equality in workplace would be effective in terms of raising the profitable growth in the business. Health and Social Care Act 2012-it is anact passed by the general assembly of the UK. This act sets out the wholecompositionof the national health services in the England. It is an act made to establish and make conditions about aNational Health Service Commissioning Board and clinical commissioning groups. It also aims to make provision about the public health and also to make provision about controlling the health and adult social care services.It also focuses on to make provision about the quantum of public involvement in the health and social care matters. Pension Act 2008-it is also passed under the actof the legislature of the UK. Themain alteration brought by this act is that all the workers will now have to choose an occupational pension plan from the choices provided by their employers (Timothy, 2017).Second change brought by this act is the beginning of the national employment savings trust. This trust is a public pension fund opened for those people who do not have any occupational pensions provided by their employers.
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Employment Rights Act 1996-it is also an act which is passed by the UK act of legislative assembly passed by the governmentto systematize the existent law on individuals rights.This act states that the contract of the employment must be in writing and this contract should be provided to the employees within the period of two months. TASK 3 P5 General features of some laws There are many different types of the laws which governs different types of the sectors of the society. Some of the different types of laws are discussed below. The Unfair Contract Terms Act 1977-it is an act passed by the act of the parliament of the U.K. This actcontrols the contracts by limitingthe legalityofthe operations of some of thecontractual terms. This act ensures that the contract made by the parties are on the standard terms with any exclusion and limitation of the liability must be reasonable. This law focuses on the following issues- to strengthen the bargaining power of both the parties to ensure that the customers agrees to all the terms and conditions to make sure that the parties know where to exclude or restrict any relevant liability Unfair Terms in Consumer Contract Regulation 1999-this is an old UKlegal tool. The contract isconsidered to be unfair if it creates a momentous instability in the dealer and consumer's positions.The regulation also required contract terms to be very plain and in simple and understandable language (Pearce, 2014).The term unfair means that the contract term and conditions have been breached and the reason behindthecausesofthissignificantbreachbythepartiesandbreachoftheir obligations and the rights.Some examples of unfair contract terms are like terms which allows the trader to change the terms of the contract according to his wish without concerning the employees and other persons. Sale of Goods Act 1979 –it is an act studies the sale of the goods which are purchased and sold in the market and the binding contract between both the parties that is the buyer and the seller. It is a commercial law passed by the parliament of the United Kingdom in respect of the goods that are bought and sold.According to this act, the contract of sale is the document of transfer of property from a seller to a buyer and this transaction is completed when money is transferred from one party to another. The
money transferred is known as price. The goods must be appropriate for the purpose for which the goods are purchased and it must be capable of satisfying the need of the buyer. Supply of Goods and Services Act 1982-it is an act of thelegislative assembly of the United Kingdomwhich ensures that the business operators provides services to workman. It ensuresdefinitecompletion of work on the decided date and at the pre determined price within a reasonable period of time.This act applies to the relevant contract for the transfer of the goods being those where one person agrees to transfer property in goods that is ownership of the goods to another person. P6 Consumer protection legislation relating to avoid criminal or civil liability The consumer protection legislations means the protection of the interest and the rights of the customers frombeing profanedby the business organisation and the travel agents.It is a law which handles all the misleading and false statements provided by the business to their customers (Page, 2014). These misleading statements can be like related to the provision ofholidays, travel arrangements and prices.The consumer protectionlawisveryimportantintravelandtourismsectortoensurethatthe consumers are not cheated and if they are cheated or the contract is breached then the company is going to pay penalty to the sufferer. Enterprises and companies coming under the this sectors needs to ensure that all the information which the company provides to their customers is not false or misleading.if the company is providing any false statement then the company will be punished in form of penalty(Vanhove, 2017).It is crucial for every company to provide all the correct and authentic and accurate information to their customers so that there is no misunderstanding. TASK 4 P7 Instances of ethical dilemmas and ways of dealing with dilemmas Ethical dilemma or moral dilemma refers to a situation in which a person has to make choices between two or more alternatives.It is a process where the person has to decide between two possible options out of which one is accepted and the other one is rejected. Ethical dilemma presumes that the person choosing from the options will
choose by keeping in mind the social norms like the religious teachings, social code of conduct etc. (Crotti and Misrahi, 2015). These are the ways which the person has to follow when it is in the situation of an ethical dilemma: by identifying the ethical principles involved in the emotions. Other way is to critically think about what a person can do to help others by avoiding the thought that what will happen if this incident happens again another way is to analyse and understand what does the firm's Code of Ethics say about the situation think about the consequences of making that choice and who would suffer from it the most it suggest that the person should not rush to the judgement rather he should find out that why this situation has arisen make your decision and share it with those with an interest in it the person should rationally think and decide what to do and how to do talk the situation through with a colleague; a problem shared is often a problem halved keep an eye on the after effects of your decision and reflect on whether you might have handled it differently(Sharpley and Telfer, 2015). P8 Corporate social responsibility in travel and tourism industry With increasing number of population there is a continuous rise in the energy consumption and the related issues ofenvironmental pollution which leads to increased cost ofwaste dispositionand garbage disposal, surface consumption and loss of biodiversityputalotofpressureontheenvironment.Tourismincludesbeautiful landscapes, pure and pristine lakes, cultural heritage and the impeccable nature. Now a days more and more people travel across borders and visit the places which are untouchedandunseenlands,ponderintothedeepforestsandbecauseofthis biodiversity and the ambience is being threatened because of the indisciplined travel. Corporatesocialresponsibility(CSR)isaconceptwherethecompanies combinesthe environmental andsocial concerns with theirbusiness operations and in
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their business operations.There are many strategy papers which helps and serves as a guideline for the business to incorporate theCSR measures with the business activities. The first step in fulfilling the corporate social responsibility is the use of the “Global code of ethics”.It is a set of guidelineswhich are to be used for the sustainable and responsible development of the tourism. In the late 1990's the corporate social responsibility was first implemented in the tourism sector by the International Hotels Corporations. After that many international hotel chains started using the CSR measureslike Marriott International, NH Hotels, Hilton Hotel Corporations etc.Today many hotel chains have started publishing their ownannualcorporatesocialresponsibilityreportsontheirownwebsites.CSR measuresoftourismbusinesscomprisesoftheresponsibleuseofthecultural resourcesandthenaturalresources.Thetourismsectoralsofocusesonthe minimisation of the waste and the pollution. It should also focus on the conservation and perseverance of the cultural heritage of the society, biodiversity and conservation of the landscape. The tourism and travel sector must behave fairly and must do responsible treatment with the guests, employees and the other parties related directly or indirectly with the business (Vellas, 2016). The business should fairly use the resources, local products and services. CONCLUSION According to theresearch and the study it can be concluded that tourism law refers to a combination of federal, state and international laws that regulates the working of the travel and tourism industry. The report focused on the laws which regulates the tourism and travel sector. The reportalso discussed about the regulatory bodies which governs and impacts the surface, sea and air transport. The report also discussed about the impact of safety, security and health on the legislation of the hotel. Alsothereportoutlinedtheequalitylegislationsapplicableforthebenefitofthe employees. Further the report highlighted the general features and consumer protection legislations of the travel and tourism industry. At last the report discussed the concept of the ethical dilemma and ways of dealing with it and also the concept of corporate social responsibility.
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