Analyzing Legal and Ethical Issues in Tourism

This assignment involves analyzing legal and ethical issues in tourism, including medical tourism, sustainable tourism, and human rights. It requires students to explore case studies and research papers on the topic, identifying key issues and discussing implications for stakeholders. The assignment includes a list of references from academic journals and books, as well as an online resource.

Legislation and Ethics in the
Travel and Tourism Sector

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
(A) Explain the legal and regulatory framework of the travel and tourism sector......................1
(B) Discuss surface, sea and air transport law in relation to the carriage of passengers within
the legal and regulatory framework.............................................................................................3
TASK 2............................................................................................................................................4
(A) Evaluate the impacts of the principles of health, safety and security legislation in Elegant
Hotel............................................................................................................................................4
(B) Analyse the Equality legislation in the English Legal System, which the organisation must
be aware of when recruiting and managing employees of the Elegant Hotel.............................5
TASK 3............................................................................................................................................6
(A) Explain the general features of the following legislation giving examples of contract law
in the Travel and Tourism sector.................................................................................................6
(B) Explain consumer protection legislation in relation to travel and tourism customers..........7
TASK 4............................................................................................................................................7
(A) Analyse ethical dilemmas faced by the travel and tourism sector........................................7
(B) Analyse their Corporate Social Responsibility.....................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Legislation plays a very crucial and significant role in managing business and its
operations to a greater extent. Especially in travel and tourism sector, the legal framework is
required to be managed in an effective manner to avoid future conflicts. The proper handling of
these operations and action plans is to be taken in consideration by a firm to function
appropriately. This will help the organisation to carry out the businesses related to travel and
tourism industry in an effective manner. For the report, Elegant Hotel has chosen i.e. hospitality
firm working in travel and tourism sector.
The report will cover the legal and regulatory framework that is being followed within
English legal system with a proper classification of laws and court system. Laws regulating
travel and tourism sector will be evaluated and the role of regulatory bodies working over will be
analysed. Besides this, health, safety and security measures are discussed within the report with
different types of contract laws applicable in travel and tourism sector. Also, the ethical
dilemmas and CSR of a corporate will be assessed.
TASK 1
(A) Explain the legal and regulatory framework of the travel and tourism sector
The legal and regulatory framework of travel and tourism sector falls under the English
legal system that taken in consideration by the firm. The English legal system consist of many
classification and hierarchical structures that impacts the business operations and actions to a
greater extent (Labonté and et. al., 2018). This framework will look after the proper management
of all the laws and regulations regarding travel and tourism sector. Besides this, it will see
through the following of various legislations that developed and followed. The framework of
English legal system is as follows:
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Illustration 1: English Legal system
Source: English Law, 2018
The laws in this structure classified on two basis, Civil and Criminal. The civil laws are
the one which are not much severe and include the matters like forgery, deceit, partnership
issues, failure in following of laws etc. On the other hand, the criminal cases includes the well-
being of people and consist of matters like murder, theft, harassment etc. the court structure
involves the various hierarchical legal structure such as criminal and civil courts comprises
magistrates and county court (Guttentag, 2015). Both laws have a court of appeal that hears and
handle all sort of factors and issues related to civil and criminal issues. If the issue sorted by
them, then all the matters will finally heard and managed by the Supreme Court.
Besides this, there are various sources of laws that regulate travel and tourism sector.
Some of the major sources are as follows:
 Constitutions: This comprises of the laws and the legal measures that pre discussed and
pre-determined in order to carry out different operations and action plans. It will help in
providing the individual liberties that helps the firm to manage the travel and tourism
operations.
 Statutes: This comprises of federal, state and local legislation which will help in creating
the proper laws and regulation related to travel and tourism industry and will look after
their effective implementation with proper followings.
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 Court interpretation: It comprises of laws that set by analysing all the possible situation
that can occur. This involves the practical approach to meet and handle the travel and
tourism operations and activities to a greater extent.
 Historical jurisdiction: This is based on all the previous verdicts and action plans that
taken in consideration by the firm. This will help the courts or jurisdiction system to take
in consideration proper measure to handle the operations related to travel and tourism
sector.
(B) Discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework
In the travel and tourism sector, various modes of transportation taken in consideration
that will impact their position and execution of operations in an effective manner. Various laws
and regulations associated with them that will help the travel and tourism industry to carry out
the business operations and action plan in an effective and significant manner (Koburtay, Syed
and Haloub, 2018). Some of the major laws and regulations that taken in consideration are as
follows:
 Air and road Act of 1979 and Warsaw convention of 1929: According to this law,
tourist that are on a carrier during a journey are meant to be provided safety and security
from any sort of damage. The carrier is liable to provide the safe guarding against any
sort of physical, mental or economic damage to its passengers that might cause during
loading and unloading of luggage or boarding and de-boarding of travellers. Although,
they are liable to get this benefits only when they have boarded the carrier.
 Athens Convention of 1974: This convention includes regulations, which accelerate
initiation on international cargo, ship or vessel, and assure security to passengers with
their luggage. In regard to failing in following this legal measure, the ship service owner
will be liable to provide proper compensation.
 Carriage of passengers by Road Act 1974: This law is guide and showcases the
requirements to set a proper action plan and code of conduct i.e. required to be followed
while travelling by the carrier (Ram, 2018).
 Domestic Carriage Order of 1987: This law implemented and meant to be followed to
handle the carriage travel and safety on the domestic level in a local transportation.
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The regulatory bodies that work in this respective field are required to handle the
operations and action plans of the organisation in an effective way. They will see through the
effective planning of their tours and transportation services as per this laws and regulations. This
can help in providing effective quality services to their passengers and other on board members
on the carrier. Besides this, the safety measures that are taken will help the firm to improve their
service quality and the policies that incorporated for the employee benefit.
TASK 2
(A) Evaluate the impacts of the principles of health, safety and security legislation in Elegant
Hotel
The health, safety and security of the passengers is of utmost and significant importance
for a hospitality firm like Elegant Hotel. As the organisation caters a wide range of customer, it
is liable to provide the effective safety, security and health measures and services to their
customers (Hall, Gossling and Scott, 2015). The enterprise is required to follow certain measures
and legal obligations which will help the corporation to carry the business operations and action
plans in most effective and significant manner. Some of the major health, safety and security
obligations that taken in consideration are as follows:
Prevention from hot liquids, surfaces and steam: Elegant Hotel will adopt and
implement this law. The selected hospitality entity will see through that their customers or
consumers are not exposed to any sort of hot liquid, steam from sauna or spa or any sort of hot
surfaces. This is to be effectively notified and well implemented within the selected firm.
Prevention of theft and other violence: The firm is required to effectively look after the
proper management of the prevention measures against theft and other sort of violence that will
be taken by the organisation for effective safety and security of their customers. This has to be
looked after by the management of Elegant Hotel.
Noise management: The selected firm has to see through the proper management of
action plans and measures that will be undertaken to reduce the noise pollution or disturbance
related to it that can impact the health, safety and security of a customer (Becker, 2016).
All these measures and action plans are required to be taken in consideration with
effective knowledge and preciseness. It will include all the actions related to accommodation,
transportation, food and beverages etc. besides this the selected firm will also have to assure that
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the customers are made safe and secure during an unexpected or catastrophic situation. This will
help the firm to provide the best of the services or facilities to travellers or their clients.
(B) Analyse the Equality legislation in the English Legal System, which the organisation must be
aware of when recruiting and managing employees of the Elegant Hotel
In order to maintain the effective management of employees within the firm, the selected
business entity has to see through the effective planning of effective business and action plan.
The staff is as important as the customers in the travel and tourism entity. Hence, in this case, the
management of Elegant Hotel has to see through the proper management of employee’s needs
and requirements (Belias and et. al., 2019). Various laws and regulations need to be taken in
consideration by the management for employee equality at Elegant Hotel that are as follows:
 Equality Act, 2010: As per this law, the hotel firm is bound to treat its customers and all
the employees alike, without any description. This will help the selected enterprise to
remove the inconsistencies in the treatment and other measures.
 Equal Pay Act, 1970: This law guides the firm or its management to have no
discrimination in the pay scale as per the job role. All the employees, regardless to gender
and age must be paid equally.
 Prevention of Disability discrimination Act, 1995: This law guides the selected
hospitality firm to adopt and implement adequate measures that will be undertaken in
order to prevent the discrimination based on any sort of physical, mental or psychological
disability.
 Prevention of Sexual harassment Act, 1975: This law will help the management of
Elegant Hotel to prevent any sort of sexual harassment or exploitation at the work place.
Besides this, it will also assist the firm to take suitable measures to handle such cases, if
occurred.
 Prevention of Race discrimination Act, 1976: This law or act will lead the firm to
adopt suitable measures that will prevent any sort of discrimination on basis of
nationality, religion, faith or cultural backgrounds and race at the work place (Lopes and
Almeida, 2016).
The proper implementation of this legal obligations and measures will help the firm to
develop and maintain a good relationship with their work force or employees. This will not only
reduce employee turn around but will also lead the organisation to have a better relation with
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their work force. It will cause the organisation to provide the best quality service to their
customers and increase their goodwill towards the firm.
TASK 3
(A) Explain the general features of the following legislation giving examples of contract law in
the Travel and Tourism sector.
Following laws and acts are taken in consideration while delivering a proper and
effective contract with customers:
 The Unfair Contract Terms Act, 1977: It is the legal obligation which governs the firm
to have the liability for breaching the contract, its negligence and other breaches of duty
by the means of contract term or civil liability. For example, a travel and tourism firm
mentioning or placing unfair clauses or demand in their contract (Verhey, Baum and Hai,
2016).
 Unfair Terms in Consumer Contract Regulation, 1999: As per this law, a contract will
be deemed unfair in case it causes a significant disturbance in the relation of trader and
consumer position. For example, trader unilaterally alters the quality and components of
goods and services that provided or offered to the consumer.
 Sale of Goods Act, 1979: This involves the legal obligation of the organisation to
provide the best quality service to their customers in return of the price they offer, failing
to it, the firm is liable to provide the suitable compensation to their customer. For
example, a travel and tourism firm has to repay the money charged from the customer, if
it fails to provide certain service that mentioned in the contract.
 Supply of Goods and Services Act, 1982: This law states that customers must be
provided with superior quality products or goods (Mutalib and et. al., 2016). Also, the
service must be provided in a stipulated time frame in price mentioned in contract. For
instance, the travel and tourism firm has to complete its tour package in time and price
mentioned within the contract.
 The Consumer Rights Act, 2015: It is considered as an upgrade of Supply of Goods and
Services Act 1982 which states that the customer is liable to make the claims over the
dissatisfaction over the goods and services that purchased online or digitally. For
instance, if a customer books his/her tickets online and if they are not delivered on time,
he/she is liable to cancel the ticket and get proper claim or compensation.
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(B) Explain consumer protection legislation in relation to travel and tourism customers
The consumer protection legislation consist of the legal obligations that deals with the
fake and false claims that taken in the consideration in travel and tourism industry. It involves
the proper management of the operations and action plans with vacations, travel
accommodations and prices that placed within the contract. The consumer protection law is vital
which means that if the legal measures breached then it will cause the penalties in form of fines
and sentences.
As per this law, the travel and tourism firm is accountable for the statements that they
make to their customers (Mani, Gunasekaran and Delgado, 2018). This will lead to the proper
placing and execution of their business operations and action plan that will lead to the loss to a
customer. If a firm makes false and misleading statements to their consumers, they are legally
obliged to pay proper compensation or payback to their clients. The breaching of consumer
protection law involves various legal measures like:
Trade description act 1968: It is an important act for the consumers who have suffered
due to misleading or false statements that made by a travel and tourism firm. The organisation is
liable to provide proper claim or payback to their customers for making false statements and
deceiving the customers.
Consumer protection act 1987: It is a legal standard that used to safeguard the
customers and clients of the organisation against the false claims made by a travel and tourism
firm. It involves effective code of conduct that inbound a firm to provide proper information
about the services related to accommodation, food and transportation offered by them, in order to
avoid and misunderstanding (Gibson, 2016).
TASK 4
(A) Analyse ethical dilemmas faced by the travel and tourism sector
While operating at a location or a country, a travel and tourism firm faces many ethical
dilemmas which can affect their operations and meeting their consumer’s needs and demands.
Various cultural and social obligations are to be taken in consideration that will help the
organisation to carry out the business operations and action plans. Thomas Cook operating the
holiday homes in the Caribbean islands will face certain ethical issues such as:
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 Providing proper information about the plan: Offering complete information about
the services that will be provided by Thomas Cook at their holiday home to their
customers is quite challenging. If any of the information misses or is left and it can lead
to misunderstanding, affecting reputation of firm (Tolkach, 2018).
 Leakage of benefits: Thomas Cook is required to provide some benefits to the local
people in return of their land. Mostly travel and tourism firms are reluctant to share their
profit with the local authorities which is unethical.
 Improper utilization of resources: For operating on the Caribbean land, the firm will be
using their resources like water, land etc. It can turn out to be unethical if not managed
properly. Thus, proper awareness is required to be spread to mitigate this issue.
In order to deal with such ethical dilemmas, the corporation can undertake certain
preventive measures to avoid unethical actions and misunderstandings:
 Providing the clear and precise details about the contract or the services that will be
offered by holiday home. This will aid to decrease the confusion and misleading.
 Local authorities and government are required to be informed and communicated about
the resources that used by the corporation (Bohn, 2015). This will lead to decrease in the
differences and dilemmas that faced by Thomas Cook in operating its business.
(B) Analyse their Corporate Social Responsibility
The Corporate Social Responsibility or CSR will include the socio-ethical measures that
adopted and followed by a business entity. Thomas Cook operating its holiday homes in
Caribbean island need to follow certain obligations that will fulfil CSR along with ethics. For
example, Thomas Cook will use the corporate sponsorship and providing effective welfare
measures for the local people. Various measures related to CSR of the corporate can be followed
by the mentioned firm that will include:
 Giving the proper and legal share of profit to the local people or authorities in return of
their services and resources provided to the corporation.
 Not harming the heritage, cultural practices and ethics of the people and taking effective
measures or steps to promote and preserve them.
 Giving proper returns of the resources that utilized by the firm in form of providing safe
drinking water, education and other social development facilities.
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 Other than this, skilled labour from local communities’ can be provided with employment
in the holiday homes which will improve their bonding with the firm (Johnston and et.
al., 2016).
Following of this measures related to CSR of the corporate at Thomas Cook will help the
corporation to have an ethical development and good bonding with society. Besides this it will
help in improving the corporate citizenship of the enterprise in the local society of Caribbean
Island.
CONCLUSION
On the basis of the research and analysis that performed above, this can be said that travel
and tourism sector is deeply associated with different sort of legal measures. The legal
legislations related to travel and tourism sector on the basis of English legal system evaluated.
Also, the rules related to sea, land and air carriers evaluated. The health, safety and security
measures that are required to be analysed by selected travel and tourism firm evaluated with the
equality rights for customers and employees, respectively. The contract legislation measures and
their implications on customers has been focused with significance of consumer protection law
in travel and tourism sector consumers. Apart from this, various ethical dilemmas that are faced
by the particular company and the procedure implemented for its CSR has also been analysed.
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REFERENCES
Books and journals
Becker, E., 2016. Overbooked: the exploding business of travel and tourism. Simon and
Schuster.
Belias, D. and et. al., 2019. Ethical Tourism: The Theory Vs. The Hedonistic Reality in Popular
Greek Tourism Resorts. In Yellow Tourism (pp. 71-81). Springer, Cham.
Bohn, D., 2015. A Review of “Managing ethical consumption in tourism/Tourism and social
marketing”, edited by Clare Weeden and Karla Boluk/C. Michael Hall: Abingdon,
Routledge; 2014, xviii+ 248 pp.,£ 145 (hardback), ISBN 978-0-415-71676-5/Abingdon,
Routledge, 2014, xiii+ 289 pp., 54.78(paperback),ISBN978-0-415-57666-6; 166.00
(hardback), ISBN 978-0-415-57665-9.
Gibson, S., 2016. Mobilizing hospitality: The ethics of social relations in a mobile world.
Routledge.
Guttentag, D., 2015. Airbnb: disruptive innovation and the rise of an informal tourism
accommodation sector. Current issues in Tourism. 18(12). pp.1192-1217.
Hall, C. M., Gossling, S. and Scott, D. eds., 2015. The Routledge handbook of tourism and
sustainability. Routledge.
Johnston, R. and et. al., 2016. Providers’ perspectives on inbound medical tourism in Central
America and the Caribbean: factors driving and inhibiting sector development and their
health equity implications. Global health action. 9(1). pp.32760.
Koburtay, T., Syed, J. and Haloub, R., 2018. Implications of Religion, Culture, and Legislation
for Gender Equality at Work: Qualitative Insights from Jordan. Journal of Business
Ethics, pp.1-16.
Labonté, R. and et. al., 2018. Government roles in regulating medical tourism: evidence from
Guatemala. International journal for equity in health. 17(1). pp.150.
Lopes, A. S. and Almeida, P. S., 2016. Environmental Law and Sustainable Tourism: critical
analysis between environmental ethics and interests in relation to non-human animal
life. Revista Gestão & Políticas Públicas. 6(2). pp.187-200.
Mani, V., Gunasekaran, A. and Delgado, C., 2018. Supply chain social sustainability: Standard
adoption practices in Portuguese manufacturing firms. International Journal of
Production Economics. 198. pp.149-164.
Mutalib, N.S.A. and et. al., 2016. Medical tourism: ethics, risks and benefits. Ind J Pharm Educ
Res.
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Ram, Y., 2018. Hostility or hospitality? A review on violence, bullying and sexual harassment
in the tourism and hospitality industry. Current Issues in Tourism. 21(7). pp.760-774.
Tolkach, D., 2018. A view of Occupy Central impacts on Hong Kong tourism from the other
side of the Great Firewall: A rejoinder to Luo & Zhai. Tourism Management. 67. pp.307-
311.
Verhey, B., Baum, T. and Hai, N. T. T., 2016. Locating child rights within the emerging CSR
narrative in travel and tourism: Reflections from a Vietnam pilot study. CAUTHE 2016:
The Changing Landscape of Tourism and Hospitality: The Impact of Emerging Markets
and Emerging Destinations. pp.681.
Online
English Law. 2018. [Online]. Available through: <
https://law.duke.edu/lib/researchguides/english/>
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