Breach of Contract in Tourism Law

This assignment analyzes a breach of contract scenario within the UK travel and tourism industry. It examines relevant consumer protection legislation, including the Trade Descriptions Act 1968 and the Consumer Protection Act 1987. The analysis focuses on how these laws apply to tour companies and protect consumers from inadequate services or misleading information. The assignment delves into contract types relevant to tourism, such as contracts for the provision of services and package holidays, highlighting the legal consequences of breaches.

Legislation and Ethics in Travel and
Tourism Sector

TABLE OF CONTENTS
INTRODUCTION......................................................................................................................1
TASK 1......................................................................................................................................2
1.1. Explaining legal and regulatory framework of the travel and tourism sector.................3
Engaland and Wales (1.1):.....................................................................................................3
1.2. Discussing the surface, sea and air transport law in relation to the carriage of
passengers in UK....................................................................................................................4
TASK 2......................................................................................................................................5
2.2. Analysing legislation that are relates to equality in UK tour operator and travel agency.
................................................................................................................................................6
TASK 3......................................................................................................................................7
3.1. Explaining the contracting legislation in relation to travel and tourism customer..........7
3.2. Explaining the consumer protection legislation in relation to travel and tourism
customer.................................................................................................................................8
TASK 4......................................................................................................................................9
4.1. Analysing the ethical dilemmas faced by travel and tourism sector...............................9
4.2. Analysing the Corporate Social Responsibility policy of a Thomas Cook.....................9
CONCLUSION........................................................................................................................10
REFERENCES.........................................................................................................................11

INTRODUCTION
In UK, travel and tourism sector highly contributes in growth of a country’s economy.
Every year, number of tourists come in UK for visiting attraction points and thereby makes
contribution in UK’s economic development by creating several employment opportunities.
For this report, Thomas Cook has been selected which provides customers with attractive tour
packages. It helps in increasing and contributing to the country’s GDP. The present report
will help in lay down the general laws and legislation related to all the tour and tourism as
well as agencies operating in such sector. This report will help in understanding the different
range of legal and regulatory framework in the travel and tourism sector. It will also help in
understanding different laws that are related to the health, safety and security law in tour
operators’ sector. Besides this, report will also discuss the role of business ethics in travel and
tourism sector.
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TASK 1
Enclosed in leaflet.
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Task 1 (Leaflet)
1.1. Explaining legal and regulatory framework of the travel and tourism sector
Tour and tourism are an important sector that contributes in growth and
development of UK economy. It helps in increasing job opportunities and
contributes in the GDP of economy. UK travel and tourism sector are
also connected with different laws and legislation with which companies
need to comply (Ashworth and Perera, 2018). There are different legal
and regulatory bodies in UK which will help in efficient working of tour
and travel industry. Some of these are defined below:
Health and safety Commission: it the statutory body which is
established by UK law. It focuses on the injury or death
which are occurred at workplace. It also helps in protecting the other
people to work in that place. This law also implies on the tour and travel
industry, as some destination can be harmful for the health and risk the
life of the tourists. This legal body ensures that the tour operators held
responsible for not preventing the risk that are being associated with the
health and security of the passengers during travelling at some
destination.
International Air Transport Association (IATA): This legal body a ensures
safe, secured, reliable and economic air services. IATA helps local airlines in
combining the ticket currencies of all the passengers to the global system. It
assists the global system that helps in overcomes the differences in currencies,
customs, languages and
laws. it is a global level laws includes 280 airlines from 130 countries.
Civil Aviation Authority (CAA): This law is responsible to ensure the safety
of the regulation of aviation safety in UK (Brenner, 2018). The area of
responsibility which comes under CAA includes supervising the issues like
pilot’s licenses, testing of the equipment’s and other inspections that come
under the security of the aviation. Civil aviation authority also helps in
ensuring the proper training of air traffic engineer in order to maintain the
airport and en-route telecommunications. This helps in ensuring the safety of
the passengers in the flights.

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1.2. Discussing the surface, sea and air transport law in relation to the carriage of passengers in UK.
In tour and tourism sectors, there are various modes of transport that via surface,
sea, and air modes which helps in carriages the passengers from one place to
another. Thus, the laws and regulation are also allied to the different routes that
are being adopted. In UK there are various laws that are related to the carriage of
the passengers of the different routes, some of the laws are:
Surface law: the surface routes can be regarded as the routes of roads, highways,
flyovers etc. The vehicles for the carriage of passengers can be car, bus, train etc.
the laws that are being associated with the surface laws is, Carriage of passenger
by Road Act 1974. This law implies the carriage of the passengers and, where
appropriate, of their luggage in vehicle by the route of the road which cross from
one territory of the state to other state. This law ensures the remedies the claims
that comes under the legislations includes the mental disorder, damage to the
passengers on the travelling to the carriers.
Sea law: The laws and regulation which are comes under the sea law ensures the
protection of the passengers that are boarded on the ships, cruises etc. Such law is
related to the sea routes are Athens Convention 1974, this law is related to the
carriage of the passengers and their luggage by sea (Smith, 2014). The convention
is being established in order to create a liability for damage suffered by the
passengers that are being boarded on the ships or cruises. It also ensures the safe
and safety of the luggage of the passengers or the clients through cargo.
Air law: Air is the main route for travelling of the passengers. Thus, the air
transport also involves laws and regulations. Law like Warson Convention 1929,
states various international carriages and lays down different rules regarding the
documents of carriage of the passengers and their luggage. This law also states that
the passengers have the full right to claim the compensation for the death and
personal injury or the loss of their luggage by the travel company.

TASK 2
2.1. Evaluating the impact of the principles of health, safety and security legislation on the
travel and tourism sector in UK tour operators.
The tour operators of the UK are much affected the rules and regulation regarding the
health, safety and security legislations in Tour and tourism sector. the health, safety and
security legislation in the tour and tourism sectors focuses on the possible hazards in the tour
and tourism and helps in minimizing the possible risk in best manner (Brenner, 2018). the
main objectives of the law and regulations is to maintain the safety of the passengers in all
aspects of the travelling and in the workplace. the main laws and regulation in UK that are
implied on the tour operators are:
Health and Safety Act 1974: this act helps in laying down different regulation on the
employers; they have to protect the health, safety and welfare of the employees and workers
in the workplace. This law also states the premises should be free from the hazards and
should prevent the risk of damages or injury to the employees or general public visiting the
premises. The employees are free to ask about the equipment’s that are being provided by the
employers in order to prevent from the risk from the hazards of the workplace.
Occupier’s Liability Act 1984: This act helps the occupiers of the destination must
have the full knowledge about the place and its danger. The law states that the occupiers must
have all the knowledge and should acknowledged the entrants about the possible dangers of
the workplace (Occupiers Liability Act 1984, 2018). It is the responsibility of the occupiers to
provide the protection to the entrants of the places. The law states that the claim can only be
done on the damage and injury or losses in the future. The occupiers need to identify and
evaluate the dangers in order to ensure the safety and security to be provided to the entrants
in the premises.
Duty of care: It is a code of conduct which helps in ensuring that no employee should
harm the other employees or by the employers at the workplace. In tour and travel sectors,
the tour operators should be ensured about the premises of his office. He should be aware
about the harmful offences and have the duty of providing against it.
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2.2. Analysing legislation that are relates to equality in UK tour operator and travel agency.
The employees and the workers that are working in Tour operations company have
the equal rights. There are many laws and legislations related to equality in the tour and
operator’s agency in UK. Some of the laws are:
Sex Discrimination Act 1975: It is an act by the parliament of the UK, this law made
for the protection of women and men from discrimination because of the sex or marital status
of the employees in the workplace (Sex Discrimination Act 1975, 2018). The act also stated
about the training, employment, education and harassment. in the context of tour and tourism
sector, it is the employees that are working in the tour agencies should not be discriminated
on the grounds of sex or marital status.
Employment Act 1978: this act has set new heights of disciplinary set up for its
workers. The difference between employees working on permanent basis and fix term
workers has been sorted out due to this act (Haufler, 2013). There should be similar work
terms and deals should be made with the employers of any sector so that they can avail same
rights which are being withheld for the workers in the present scenario in UK tour operators.
Human right Act 1998: This law is implied by the parliament of UK, for the
protection of human rights and employees working for their respective companies where their
rights should be shielded and them equal opportunities to oppose against their rights. It
involves rights of the European Convention on Human Rights into local British law.
Disability Discrimination Act 1995: this act is implied by UK government, it is mainly
introduced for the safety and protection of disabled employees. Law helps in protecting
disabled either physically or mentally from any kind of discrimination at workplace
(Azam and Sarker, 2011). This act helps tour operators and agencies there should be given
equal rights and choices of working in the premises they are capable of doing their work
irrespective of any kind of discrimination they have it.
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TASK 3
Enclosed in leaflet.
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TASK 3
Contract related to package holiday: as related to the package holidays the
tour operators should sell their package which shows the full and entire
information that is offered to the customer. They do not have the right of
giving out or providing any false or misleading information as regarding the
services which the tourist company is going to provide to the customer who is
going to spend a large fortune to avail the services. This is stated to be a
criminal offence which is liable for punishment of the tourist company,
holiday firms, or tour operators whichever it may so be for making false
complains.
3.1. Explaining the contracting legislation in relation to travel and tourism
customer.
Contracts and agreements are made by each and every individual on a daily
basis. Contracts and agreements are not only formal written documents
signed by parties and witnesses. As per the UK, the tour and travel
company have to be binding contracts with the consumer, in order to
prevent the company from any loss or injury of the said customer. there are
various rules regulations and various legislations for bringing under law
such as Contracts for Supply of Goods Contract for the provision of
Services that are related to package holidays. It is very important to note
that this breach of contract can be treated under the above mentioned two
contracts respectively. Contracts for provision of service and Contracts that
are related to Package Holidays.
Contract for provision of services: As per stated in accordance to the law a
contract between two individuals or between two parties or companies
where in all the particular and details of the service that is to be provided by
the service providers. In this case UK Tours and Tourism Company are all
mentioned in details. The person who is going to avail the services is the
service taker and he/she must abide and agree with what the service
providers shall provide (Medlik, 2012). It is understandable from this
particular case that there has indeed been a breach in contract as the tour
operators have not given the proper and adequate service as promised to the
tourist who has travelled to any part of the world and in contract with the
tourist company as the hotel/resort/lodging/where the stay which was
provided by the tourism company was not of the level that was mentioned in
the contract. Therefore, the tourist who was travelling with the company can
out of his choice choose for compensation in form of remuneration from the
tourist company.
3.2. Explaining the consumer protection legislation in relation to travel and
tourism customer.
Different laws related to consumer protection are as follows:
Trade Description act 1968: in context to travel and tourism it is noted
that tour firms should be selling their resumes trough right description to
customers it’s not permissible to give false promises to customers against
their money this could lead to be a criminal offence they promise customers
and do not abide by what they have promised the customers in their
Consumer protection Act 1987: in the tourism sector this act clearly states
that the holiday packages offered by the tourism company films its services
to be provided to its customer\.its main purpose is protecting the consumers
that they are not in any way manipulated by the tour company and their
money is in safe hands and also gives them the right to verify the terms and
conditions of the service that is to be provided to them by the tour company
through their holiday packages. The company or the tourism firm is also
legally bound and under a breach of obligation to give the right and truthful
information about the services vendor by them in relation to their work.

TASK 4
4.1. Analysing the ethical dilemmas faced by travel and tourism sector.
UK tour and travel industry are keep increasing with the change in time. Now, tour
and tourism operators have to keep interacting with different tour and operators. Further, tour
operators also include the use of manmade and natural resources along the step of tourism
facility. From assessment, it has found that pollution caused due to high rate of tourism
activities could be unethical and it needs to be avoided. In global ethics, issues might be there
and they need to be managed. In addition to this, international codes have been developed for
avoiding global ethics to be developed for the international firm working in more than one
country. There are some consumers that are preferred to buy the products which are green in
nature. Ethical dilemma faced by the company under such sector are:
Supporting local economies and political dilemmas: Local economy is getting very less
benefits from the travel and tourism sector. Further, revenue earned by the tour operators are
given to the foreign parties. Thus, such local economy gets little benefits from them. Income
and profit are coming from the tourism are given to the foreign operators. Tourism are not
supporting the political regimes that are involved in human rights violation and corruption for
the Thomas Cook.
4.2. Analysing the Corporate Social Responsibility policy of a Thomas Cook.
Corporate Social Responsibility policy is involved in providing the responsibility
towards customers. It stated that packages which are being offered by Thomas cook Pvt. Lmt.
should be high quality and prices should be fair and ethical. It also stated that social activities
have to be distributed towards protecting the rights of consumers in their dealing with
businesses. It is also seen that in CSR policy in accordance with the travel and tourism sector,
there would be agreement done on the usage of resources to be made by travel and tourism
companies. This in turn ensures that the resources not depleted or consumed unnecessarily as
this might hamper natural resources of local community ((Braun and Clarke, 2013)). It is also
seen that in CSR policy there would be the use of green products to be delivered within
packages given by the travel and Tourism Company like Thomas Cook so that it does not
harm any other communities and improves the wellbeing of the society at large. CSR policy
also specifies that there should not be any kind of unethical advertisements would be there
which might hamper the environment. Further, advertisement should be following the type of
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packages to be introduced by Thomas Cook while doing business in an ethical way. The
policy also ensures that the tourism customers should be given socially and environmentally
safe products which they will be consuming. The CSR policy should also involve in
providing opportunities for the employees who work in these companies to balance their
work and life.
CONCLUSION
By summing up the above report, it can be summed up that there are various laws and
legislation framework that are quite effective in making the travel and tourism business.
Besides this, it can be inferred that by placing emphasis on green tourism Thomas Cook can
do CSR and thereby would become able to gain competitive edge over others. It has been
concluded from the report that Thomas Cook needs to comply with the laws and legislation
related to the health, safety and security while carry out business activities. Along with this, it
has articulated that at the time of developing strategies and policies firm should keep in mind
ethical dilemmas or related aspects.
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REFERENCES
Books and Journals
Ashworth, A. and Perera, S., 2018. Contractual procedures in the construction industry.
Routledge.
Brenner, D. L., 2018. Law and regulation of common carriers in the communications
industry. Routledge.
Haufler, V., 2013. A public role for the private sector: Industry self-regulation in a global
economy. Carnegie Endowment.
Medlik, S., 2012. Dictionary of travel, tourism and hospitality. Routledge.
Smith, S. L., 2014. Tourism analysis: A handbook. Routledge.
Azam, M. and Sarker, T. 2011, “Green tourism in the context of climate change towards
sustainable economic development in the South Asian Region?”, Journal of
Environmental Management and Tourism. Vol. 1 No. 3. pp. 6-15
Braun, V. and Clarke, V. 2013, Seccessful Qualitative Research, Saga Publication
Inc, Thousand Oals, CA
Online
Occupiers Liability Act 1984. 2018 [ONLINE] Available Through:<
https://www.legislation.gov.uk/ukpga/1984/3 >
Sex Discrimination Act 1975. 2018 [ONLINE] Available
Through:<https://www.legislation.gov.uk/ukpga/1975/65 >
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