Legislation and Ethics in the Travel and Tourism Sector (docs)

Legislation and Ethics in
the Travel and Tourism
Sector

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1Legal and regulatory framework of the travel and tourism sector.........................................3
1.2Surface, sea and air transport law in relation to the carriage of passengers within the legal
and regulatory framework...........................................................................................................4
TASK 2............................................................................................................................................5
2.1Impacts of the principles of health, safety and security legislation on the travel and tourism
sector...........................................................................................................................................5
2.2Analysis of legislation that relates to equality.......................................................................6
TASK 3............................................................................................................................................7
3.1Explaination about contract legislation in relation to travel and tourism customers.............7
3.2 Explanation about consumer protection legislation in relation to travel and tourism
customers.....................................................................................................................................9
TASK 4..........................................................................................................................................10
4.1Analysis of ethical dilemmas faced by the travel and tourism sector..................................10
4.2Analysis of the Corporate Social Responsibility (CSR) policy of a specified travel and
tourism business........................................................................................................................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Travel and Tourism sector seems to be one of the key sector in all over the world as it has
contributed more towards the overall development of global economic output. Legal and
regulatory framework of travel and tourism sectorcover different aspects which depends upon the
different parties which are involved in it like Tourism Act 1969: Travel Act 1985 and Package
tour regulations Act 1992(Whitfield and Dioko, 2012). This file specifically explains about the
surface, sea and air transport law related to carriage of passengers within the legal and regulatory
framework as well as impact of principles of health, safety and security legislation on the travel
and tourism sector. Additionally, about contract legislation and consumer protection legislation
in relation to travel and tourism customers is also explained in this assignment. Lastly, analysis
of ethical dilemmas faced by the travel and tourism sector as well as analysis of the Corporate
Social Responsibility (CSR) policy of a specified travel and tourism business is also explained in
this report.
TASK 1
1.1Legal and regulatory framework of the travel and tourism sector
Travel and tourism industry of the UK government is termed to be regulated by the
Association of the British travel agents. As its the association who regulates the travel code,
travelling processes and the booking processes, this is because the main aim of the industry is to
regulate the safety of the prospective customers and of the tourist (Guttentag, 2015). In addition
to this legislation and the tourism industry are seemed to be interconnected with each other in
number of ways, as many parties are involved in this industry like contractors, customers and
suppliers. As a trainee in local law centre this report is used to advice unhappy holiday clients
who are contemplating the possibilities of bringing court actions by explaining about the legal
and regulatory framework of travel and tourism sector.
 Health and safety commission: It is termed to be one of the legal association and
guidelines which must be followed in order to conclude tourist experience with a
standard approach(Swanson and Edgell Sr, 2013). As this commission specifically aims
at driving safety benefits to the employees and public who are working under the tourism
industry. Thus, in such case Act of 1974 is applicable in such situations, as it specifies

that its the occupier duty to maintain the premises safe so as to ensure proper security of
the employees.
 International Air Transport Association: The main purpose of this association is to
track the schedules and the routes of the airlines(Simat, Dragin and Dragićević, 2012). In
addition to this the other main aim of this association is to regulate the formation and
functioning of the designs and the rules of the strategies which may concern about the
changes in routes if present in the industry.
 Criminal law: As per the criminal law of UK Travel and Tourism industry must focuses
on protecting the duties and the rights of the tour operator and of the tourist. In case if the
regulation and the law is breached then in that case unfair conduct will be fined and will
also be charged under the criminal law.
 Civil law: As per the civil law of UK Travel and Tourism industry must focuses on the
deriving the equality under the society for tourist as well as for non-tourist. In addition to
this civil law under the UK tourism industry also regulates the operations of various
contract which are entered into by different parties under tourism sector. Additionally
civil law of UK also provide compensation in case of any breach of contract which may
take place between the parties who are under tourism industry. Thus, the party who is
affected have the right to approach the court for restoration of the rights so undergone in
case of failure of contract which was undertake.
 Court system: It is also one of the system which is used to regulate the travel and
tourism industry, as the responsibility of magistrates court is to deal with criminal and
civil cases. House of lords deals with both civil and criminal and country court deals with
those case which are related to the land. Whereas crown court deals with criminal suits.
1.2Surface, sea and air transport law in relation to the carriage of passengers within the legal and
regulatory framework
As a trainee this report specifies about the certain surface, sea and air transport law in
relation to the carriage of passengers within the legal and regulatory framework is being
specified so as to advice unhappy clients who are contemplating the possibility of bringing court
actions (Forno and Garibaldi, 2015).

 Surface law: Under this sector two regulatory bodies plays an important role first is
International carriage of passenger by road Act 1979 of which the main aim is to protect
the right s of passengers on board. Claims made by passengers for mental disorder or for
any kind of physical damage are taken care by this law. In addition to this Carriage by
Railway Act 1972 governs the loss of luggage of the passengers. Thus, the role of this
two regulatory body upon surface sector is that this law helps to regulate transport of
goods and passengers. Moreover it also helps in safeguarding the interest of disabled
passengers.
 Sea law: Under this contract law shipping safety and security is covered as well as
environmental factors are also regulated by Sea law. Sea craft with at least 12 nos of
passengers incidental to the life safeguarding equipments and to the fire safety are
covered under International Convention for the Safety of life a Sea. Additionally, the role
of One of the regulatory bodies like Athens Convention Act 1974 under sea sector is that
it govern the limit of liability for the loss of or damage to Cabin luggage in no case
exceed 12500 francs per passenger and per carriage. Moreover it also govern the limit of
liability for personal injury to a passengers in no case must exceed 700000 francs per
carriage.
 Air law: Under this sector two regulatory bodies plays an important role first is Warsaw
Convention of Act 1929 which defines about the rules of international carriage and its
documentation. Mo rover as per this act passengers can claim against any personal injury
as well as can ask for death compensation too. Additionally, in this passengers are
protected when they use air transport as well as passengers are also under obligation to
carry tickets while travelling as per this Act(Gössling, Scott and Hall, 2013). Next
regulatory body is Denied boarding compensation scheme Act 1997 of which the main
role under air sector is to protect the passengers if any flight is cancelled or delayed due
to any reason, as well as board have the duty to protect passengers and to raise the
standard of the passengers who uses the air transport.

TASK 2
2.1Impacts of the principles of health, safety and security legislation on the travel and tourism
sector
Being a Health and Safety Officer at Elegant Hotel this report is being written to Mr.
Fred who is the hotel director so as to make him aware about the impact of health, safety and
security legislation.
There are several legislation which are being framed so as to protect the impact of the
principles of individual safety, health and security. So in travel and tourism industry its the
health and safety at work act 1974 helps in protecting the health of the individuals(Lunt,
Mannion and Exworthy, 2013). As per this Act its the employer who will be responsible for the
act performed by employee, but only for those act which are being done with the permission of
the employer. Some of the major steps which must be taken in business premises like the
workplace must be safe and must be properly maintained and the employees must be trained
related to the health and safety. If the safety regulation are not compiled with then the
employees and the customers of travel and tourism sector have to face with some difficulties.
Therefore it is very much essential that employees, customers and the crew members must
support the regulations and safety legislation at an organisation. Furthermore proper training
must be provided to the workers under tourism sector in order to ensure the safety of customers
on the premise as well as during the period of journey(Coccossis, 2017). As per the Occupier's
liability Act 1984 occupier of the premises must undertake some safety precautions and
maintenance of premises so as to ensure safety of passengers an and of trespassers. Legislation
specifically prescribes that the visitors can be temporary or permanent all need to be
safeguarded against any damages and harms which may take place due to breach of security.
Moreover as per Data protection Act 1988 its the responsibility of an organisation to protect the
individuals personal information like bank details, house details, contact number etc.
2.2Analysis of legislation that relates to equality
This is the second report which is being written to Mr Freud so as to make him aware
about the equality legislation while recruiting and managing employees of the hotel(Day and Cai,
2012).

Equality: It specifically refers that all person are to be treated equal without
discriminating on the basis of any characteristics like age, sex, religion etc.
Discrimination:Whereas discrimination here refers that all people are not being treated
equally, as differentiation is being done on the basis of age, caste, religion etc.
Therefore in order to eliminate discrimination and to treat people equally various
legislation have been passed which are specified below:
 Racial discrimination Act 1956: As per this Act regulation has been laid down
so as to regulate the racial discrimination which is taking place between people.
As it includes the discrimination done on the basis of nationality, race, origins,
colours or ethnic. Such type of discrimination is specifically done in employment,
so this Act helps to protect the individuals from being discriminated racially in the
field of housing, employment , education etc.
 Sex discrimination Act 1975:Discrimination of individual on the basis of sex is
being made in the field of employment, harassment, education etc. This Act is
used to protect the individuals interest against any gender or marriage
discrimination, as it gives equal protection to both individuals women and men.
Thus, this Act helps in eliminating sex discrimination and to promote equality
among the peoples.
 Employment protection Act 1998: This Act provides assurance and protection
to the employees and employers both in private and public sector. In addition to
this it also it also render maternity leave to both the employees and employer.
 Employment protection consolidation Act 1978: This Act terms to be
descendant of the employment right act 1996 as it render the right of the
employees at the workplace in an organisation. In addition to this it also deals in
protecting the employees during the course of their employment.
TASK 3
3.1Explaination about contract legislation in relation to travel and tourism customers
Contract:
It refers to the agreement which take place between two or more parties and in which
obligation and right of both the parties are enforced by the court(Tse and Tse, 2015).

Importance of contract:
 In travel and tourism industry both the parties, the company and the passenger must
known that they are legally bound with each other.
 Under the contract if the travel company is not fulfilling their promise then in that case
passenger have the right to claim for compensation. Similarly travel company too possess
right to claim for the payment if the passenger doesn't pay on time.
 A travel company must also communicate the terms and conditions of the contract to its
passengers.
Elements of valid legal contract:
For a valid legal contract in travel and tourism sector following elements must be
fulfilled.
 Offer: For making an offer there must exist two parties, one who have to made
the offer and the other who accept the offer. For example, when a family goes out
for a holiday trip they stay in a hotel and in this the family makes a contract with
tour agency who gives them a form to fill up the details taking into consideration
the following rules and regulations. Thus, here exist a contract between tour
agency and with a family member.
 Acceptance: When an individual accept the offer then it is considered as
acceptance. For example when the tourist after discussing the tour packages
decide to purchase the tour packages then it is considered as acceptance.
 Consideration:In order the contract to be valid there must be consideration. For
example, during travelling, a tourist pay a consideration amount to its tour
operator with who he /she has entered into the contract
 Capacity: It means the contract which is being done by tour operator with tourist
must be in capacity. As it is very difficult to enter into a contract with minor
tourist. So it is very much essential for the tour operator to enter into a contract
with those tourist who possess the capacity to clear and to handle the tour
packages.
 Certainty: In order the contract to be valid, certainty is must so as to specify the
time period for which the contract has taken place. For example when a guest

stay in a hotel he/she have to render necessary information about for how many
days they are going to stay in a hotel, as certainty of the contract is must.
In travel and tourism industry there are basically three types of contract which take place:
 Contract for provisions of services
 Contract related to package holiday
 Contract for supply of goods
Supply of goods and service Act 1982:
This Act is applied to the contract for only those which are entered into before 1 October
2015. As this Act was replaced by Consumers Rights Act , which renders the right if something
goes wrong with the service you pay for it. The main features of this Act is that it protect
consumers from poor supervision and services as well as from bad workmanship which may be
rendered by suppliers.
For example if the travel and tourism industry doesn't render goods on time or doesn't provide
services as per the passenger needs and preferences then in that case consumer can file case
against tourism and travel industry taking into consideration supply of goods and service Act
1982.
Unfair Contract terms Act 1977:
This Act helps in regulating the contract by restricting the operations and legality of some
contract terms. The main feature of this Act is that it extends to approx all types of contract and
is limiting the applicability of liability for disclaimers.
For example, A contract is made between tour operator and tourist, but due to some cases tourist
could not pay up the full amount of tour packages for which the tour operator was liable for, then
in that case tour operator can sue a case against tourist by taking this Act into consideration.
This is because, as this Act impose the limit of liability for the breach of contract, or for breach
of duty or for a negligence.
3.2 Explanation about consumer protection legislation in relation to travel and tourism customers
This report explains about the consumer protection legislation which the tour operator
must take into consideration so as to avoid civil and criminal liability when organising holiday
packages for customers.
 Trade description Act 1968: This Act specifically deals with the description of
products and services which are bing traded. In addition to it, this Act was replaced by

Merchandise Marks Act 1887 to 1957. For travel and tourism customers this Act is
beneficial, as this Act render protection to its customers who face the misdescription of
goods and services by the hotel. For example if the hotel does not provide goods and
services to its customer as per the description of goods then in that case consumer can file
a sue against the hotel under section 14 of the Act, because as per this Act hotel is under
the obligation to provide goods and services as per the description.
 Package travel regulation Act 1992: This regulation protect the peoples, as the tour
operator is under the obligation to furnish all the information related to tour and for the
tourist. In addition to this tour operator should not only furnish the information specified
in the information sheet but also should render the information which is related to the
facility that the tour operator will render to its tourist. In case if the facility is not fulfilled
by tour operator then in that case customer may breach the contract taking into
consideration consumer protection from unfair trading Act.
TASK 4
4.1Analysis of ethical dilemmas faced by the travel and tourism sector
As per the scenario this report is being written in order to analyse the issue which enable
the large corporation in travel and tourism sector-to run their business in a proper manner that is
to build holidays homes in the Caribbean Islands.
Complex nature of travel and tourism industry is mainly due to the reason that there exist
ethical dilemmas which are still growing and those need to be regulated. Ethical dilemmas like
management, hospitality are tend to be more dependent on various factors but are still
independent of one another. As the hospitality is specifically concern about the generating value
relationship and to meet the needs of potential or existing travel and tourism customers(Meyer,
2013).
Moreover there tends to be instance of dilemmas of cross culture nature such as instable
government and political unrest of nation like Syria, Russia tends to affect the travel and
tourism industry. Therefore unfavourable and negative conditions of such places tends to affect
development and growth of travel and tourism industry to a great extent. In addition to all this
social and cultural elements also affect the travel and tourism industry on the basis of
communities, societies etc. of the tourist places. As tourism customers are categorized on the

basis on economy and age, so accordingly countries which are tend to be economically weak
like Bangladesh facilitate travel and tourism by rendering convenient visa without much
documentation. Similarly stronger economies like UK, USA are guided by stringent travel and
tourism rules and regulations which involve hefty documentation as well as length paper work
for visa permit. Furthermore there has been considerable increase in child labour in most
developing countries which is mostly in the form of cleaners, workers, helpers etc. This is mainly
because of increase in poverty, unemployment rate and lack of social security are terms to be the
major reason behind growing number of child labour all across the globe.
Additionally, finance and investment scheme of organisation in travel and tourism sector
cane be one of the another dilemma. As mostly people like to visit coastal area and in that case if
the travel and tourism sector plan to set there business in that area, then in this case life of people
living in that coastal region will be effected and they have to face dilemma. Though the
business may earn profit by setting business over there but on that other side people of coastal
region get affected which terms to be another dilemma for travel and tourism sector.
4.2Analysis of the Corporate Social Responsibility (CSR) policy of a specified travel and
tourism business
Corporate social responsibilities is the strategy which is being specifically adopted by an
organisation so as to render services towards the community. It generally includes activities like
equal opportunity, practising of sustainable development and environmental protection.
Therefore, tourism sector can contact with local authority so as to know their requirements and
thus accordingly business organisation defines the responsibility towards the society. In addition
to this in order to deliver corporate social responsibility tourism business can set their objectives
so as to conserve environmental and heritage sources. In addition to this tourism business should
preserve natural resources and also should engage themselves in philanthropy for charity
purpose. For example. A large organisation like Thomas Cook is termed to be the first one to
generate the concept of package holiday so as to promote social responsibility. In addition to
this Thomas Cook has developed its separate code of conduct so as to promote the contribution
towards the community. Additionally company has also contributed to launch one millions heats
programmes so as to promote a better relationship between the customers and the employees.
Furthermore, Thomas Cook has also become one of the innovative and leaner business by
reducing wastage and has also set the certain targets in 2010 under the 10 year plan and thus to

achieve this set target following steps were taken by the Thomas Cook company like using
consumer campaigns, employee engagement etc.
CONCLUSION
From the above mentioned report it can be concluded that this assignment explains about
the facilities provided by carriers from different mode of transportation. Additionally sea, air and
surface transportation are studied with regards to the legislation so relevant. In addition to this it
can also be concluded that travel and tourism legislation and regulation are found to be treated
equally taken into consideration that no discrimination is to be done on the basis of gender, age,
religion etc. Furthermore ethical dilemmas must be taken into consideration by travel and
tourism industry so as to achieve sustainable development for the effective success and growth.
Thus, Corporate social responsibility can be an effective measures through which travel and
tourism industry can achieve sustainable development for its overall well-being.

REFERENCES
Books and Journals
Whitfield, J. and Dioko, L. A., 2012. Measuring and examining the relevance of discretionary
corporate social responsibility in tourism: Some preliminary evidence from the UK
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tomorrow. Routledge.
Simat, K., Dragin, A. and Dragićević, V., 2012. The institutionalization of business ethics of
travel agencies in Serbia. Turizam. 16(3). pp.113-123.
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creating linkages between the accommodation sector and ‘poor’neighbouring
communities. In Tourism and the Millennium Development Goals (pp. 131-156).
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Forno, F. and Garibaldi, R., 2015. Sharing economy in travel and tourism: The case of home-
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Tse, T. S. and Tse, Q. K., 2015. The legal aspects of “zero-fare” tour in shopping tourism: A case
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