Legislation and Ethics in Travel and Tourism

This report examines the legal and ethical framework of the travel and tourism sector, covering legislation related to transport, health and safety, consumer protection, and ethical dilemmas. It analyzes the implications of equality legislation and explores the role of Corporate Social Responsibility (CSR) with a focus on Thomas Cook.

Legislation and Ethics in
Travel and Tourism Sector

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK1.............................................................................................................................................3
1.1 Describe the legal and regulatory framework in travel and tourism industry.......................3
1.2 Discussing laws governing air, surface and sea transport lying within legal and regulatory
framework...................................................................................................................................4
TASK2.............................................................................................................................................5
2.1 Implications of health and safety and security and security legislations of travel and
tourism industry..........................................................................................................................5
2.2 Evaluating legislations with respect to equality....................................................................6
TASK3 ............................................................................................................................................7
3.1 Contract legislation in relation to travel and tourism customers...........................................7
3.2 Consumer protection legislations for customers of travel and tourism sector......................8
TASK4.............................................................................................................................................9
4.1 Analysing the ethical dilemmas faced by travel and tourism sector ....................................9
4.2 Analysing of CSR activities in context of Thomas Cook...................................................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
It is very important in every country to formulate legal framework for maintaining all the
business related to travel and tourism in order to maintain the decorum of overall operation of
travel and tourism (Battour , Ismail and Battor ,2010). There are different types of legal laws
and ethical legislation made at different sector like sea law, air law and surface law in order to
carry out carriage or baggage of passenger within the legal regulatory and judicial framework.
Apart from it, different types of approaches and principles has been used for ensuring the safety
and security of tourist from terrorist attack and theft so they easily travel at different places of
particular country without barrier and hurdles. Under this assignment the UK based tourist
consultant is taken which is Heritage Destination Consulting Ltd. Having an experience of 30
years in the field of heritage interpretation and tourism destination development and regulate
different activities for the growth of this sector. Further it discusses about legal and regulatory
framework of travel tourism, prevalent legislation and safety standards and discuss about the
laws related to costumer satisfactions.
TASK1
1.1 Describe the legal and regulatory framework in travel and tourism industry
The tourism industry is regulated properly only when there are some certified laws and
regulation which must be followed in travel industry so they enhance their growth and
profitability (Chuang and et. al. ,2014). Apart from it, there are different types of parties like
customers, supplier and contractors in tourism industry who are communicating with each other
so it orders to maintain regulation between them role of legislation is very essential. If we take an
example of retail store which provide different patterns of clothes to their customers falls under
legal and regulatory framework of legislation that related to different elements like quality, price,
infrastructure and staff service to customers. In present scenario travel and tourism sector grow
at very fast speed and following are the tourism legislation related to it specially in country of
England and Wales are described below: - Tourism Act, 1969: - This act discusses about all the tourism industry and their
cooperation and coordination specified by British tourist authority. Transport Act, 1980 & 1985: - This Act discuss about all the control and regulation
regarding national and private bus transport companies along with their routes.

 Package travel and tour regulation, 1992: - This act state about all the regulations
related to delivery responsibilities of all tour operators to their customers.
Therefore, it is important for Heritage destination consultancy Ltd. To consider all the above
laws and regulation in order to maintain the sustainability and enhance in this sector. The main
objective behind it is to promote proper standard procedures that define the right and
responsibilities of parties involved under it related to tourism industry and further these law
affected by health and safety executive, international air transport association.
Types of legal structure
 High court: This deals with high value and more important cases and enjoy a supervisory
over all subordinate courts and tribunals.
 Supreme court: This is known the supreme body in all matters in English. Whenever
issue arise or take place between the parties involve in operations of travel and tour
activities then they can go to supreme court in order to get solution of their problems.
 Constitutional court: A constitutional court is the one that deals mainly with
constitutional law. Main authority of this is to rule whether laws are challenged or
whether they conflict with constitutionally established rights, rules and freedom among
various things.
Roles of the parties involve are as follows:
 Solicitors: This is known as the individual who deals with various legal matters in some
jurisdictions. It is very essential that individual should defined qualifications. One of the
main feature of this is that it helps individuals to get solution of their legal problems.
 Barristers: This is a type of lawyer, in common law jurisdictions. Main tasks of these is to
take case of individuals in superior courts and tribunals so they can get a solution of their
legal issue.
Process
For deal with legal problems and to get a solution of legal issue, various steps are there that
should be follow by the individual. For this various individuals are there such as arbitrator,
solicitors and barristers, help of these individuals can be taken by client to get a solution of
their legal problem.

English law is known as the common legal system of England and Wales that comprise civil law
and criminal law.
Appeal from the crown court: Majority of appeals against Crown Court decisions are
heard by the Criminal Division of the Court of Appeal. Crown court is the one that deals with
criminal cases such as murder and robbery. In addition to this, it also deals with appeal against a
magistrate’s court and the cases passed from a magistrate court. Crown court normally has a jury
which determine that individual is guilty or not and has a judge who decide what punishment
should be given to an individual. Magistrates court are the one that handle the cases known as
summary offences. In addition to this, it also deals with serious offences such as drug offences
and burglary, if such kind of incident take place in travel and tourism sector then an individual
can go to these courts for get the solution or justice.
Appeal in high court of Justice: The high court of Justice is together with the Court of
Appeal and the Crown court is one of the senior court of England. High Court is the one that deal
with cases of high value and having high importance. It enjoys a supervisory jurisdiction over all
subordinate tribunals and courts. The Queen’s Bench Division, The Chancery Division and the
Family Division are the three division of high court. To deal with a conflict, parties involve in
operations of travel and tourism sector can go to this.
Supreme court Criminal: Final court of appeal play a significant role in development of
law. Supreme court is the final court of appeal for all civil and criminal cases in England and

Wales. It hears appeals of general public on arguable points and concentrate on cases having
constitutional significance or of greatest public. Supreme court is the one that develop the role of
highest court in UK as a leader in common law world. Criminal case include when a person
accused of crime is charged in a formal accusation known as indictment. When courts ascertain
that an individual has committed a crime then that person receive a sentence that may be an
imprisonment, monetary penalty or can be supervision in the community. An individual involves
in the operations of travel can appeal in Supreme court if something happens with him.
Supreme court civil: When an individual claim that another entity has failed to perform
legal duty owned to the person. Plaintiff may ask to tell another party to fulfil the duty or he can
make compensation to the harm or both. These type of cases can be brought to Supreme court if
this kind of incident take place among the parties involve in travel and tourism sector.
1.2 Discussing laws governing air, surface and sea transport lying within legal and regulatory
framework
All the laws related to air, surface and sea transport are helpful in governing the code of
conduct and activities of tourist operator are discussed below: - Surface law: - This law is covered under the International carriage of passenger by road
Act, 1979. This is basically made in order to protect the interest and rights of passengers
on board. Therefore, this legislation covered all such regulation related to damages and
physical disorder suffered by passengers during their journey (Dawson and et. al. ,2011).
Any individual suffered from various damages can be compensated on the basis of
benefits given under this laws. Sea law: - This contain all the regulation related to shipping safety and security define in
contract law. Further it includes all the legal framework related to environment and for
the safety of passenger’s law was enforced which known as International convention for
the safety of life at sea in which at-least 12 passengers related to fire safety and life
guarding equipment’s.
 Air law: - this law covered all the legal guidelines related to airline industries in respect
of passengers travel in this mode. They can file the case under this law if any individual
suffers from physical injury and loss of life. Five freedom agreement of 1944 covers all
rules and regulations in relation to landing across territory passenger landing and cargo
define in territory.

Therefore, Heritage destination consultancy Ltd. Must adhere with all above laws and legal
regulation at the time when they provide services to passengers through sea, air and surface
mode.
TASK2
2.1 Implications of health and safety and security and security legislations of travel and tourism
industry
In travel and tourism sector there are some legal regulation related to health, safety and security
of person regards to hazardous incident and ensure risk of danger is minimised. The main
objective behind it is to ensure the safety and protection against all the workforce working in that
environment (Day and Cai ,2012). For example, Thomas cook tour operator in UK has to arrange
all the measures and mechanism related to safety equipment for both the employer and employee
at the time when they feel that workforce indulge in hazardous activities which is dangerous for
life and property. Specially regulation discuss about all the safety and protection of passengers
from terrorist attack in airline so proper arrangements must be made related to it by travel
tourism companies.
There are different guidelines which has been given in order to educate all the individuals
regarding all the laws related to health and safety at the time of working in particular company.
Further, it also helpful for organisation to properly compile with all the legal legislations for
safety of employees at the time of framing policy and strategies. Apart from it there are some
certified approved code of practices at the time when individual indulging in hazardous practices
and working relations. Because non compliances of ethical code of conduct leads to heavy
penalty to that company. Under this following duties of the employees are discussed below: -
First of all, employee need to take the quick actions in relation to prevent all accidents.
For the safety and protection employee must report to senior staff regarding all the danger and
hazardous activities that leads heavy losses to them.
Organise all the programmes related to training events where the guidance is given that how
individual safely tackle all the hazardous measures.
Certain regulations that made by employer are discussed below: -
 It is responsibility of travel tourism manager to perform duties and responsibility in
respect of arranging all the equipment related to safety mechanism for their employee at
the time when they performing task and duties related to dangerous means. There should

be any availability of essential safety gears so that there is an minimum chances of
accidents.
 To follow all the statutory code of conduct and practices specified in travel tourism
legislation that help in maintaining all the ethical regulation and rules in their company at
the time of framing policy and procedures for whole organisation structure. The office of
information commission's have formed some rules and regulations which are to be
complied by tour operator. The regulations have been formed related to information
which has been gathered by the tour operators and its its ethical usage.
 Further establish policies related to medical compensation which is given to working staff
if any physical and mental damage arises to them at the time of performing job related to
travel sector which give satisfaction to them that at the time of any incident they are
protected under company law.
 Employee in travel tourism sector working at different places of countries in order to
provide services to their passengers so during the whole journey any incident occur
which end the life of individual because of natural calamity must be address by company
only.
 Arrangements of fire extinguishers and other safety measures for the health safety of
employees.
Therefore it is essential for Thomas Cooks to conduct the session with respective authorities so
all the passengers and employees know about code of conduct and legal legislation that help
them to protect against all the contingency which has been arises during whole journey from
unpredicted incidents.
2.2 Evaluating legislations with respect to equality
It discuss about all the rules and regulations related to equality act, 2010 in which it
discuss about the equality behaviour with all employees without any discrimination in respect of
caste, creed and colour which create insecurity and dissatisfaction among employees (Dickinson
and Lumsdon ,2010). According to this act employee is free to sue against company if any illegal
thing occur to them. Further it discuss about equal pay act, 1970, Sex discrimination act, 1975
and race relation act, 1970 employee equality act, 2006. there are different types of tour and
operator regulation mage in ensure that company treated their customer in equitable manner
without any discrimination.

Apart from it there are different discrimination that covered under it are described below:-
Direct discrimination:- this law has enforced at the time when company treated unequally
everyone so prescribed law standard apply under it.
Indirect discrimination:- It apply at the time when particular group of people getting special
services or facilities.
Discrimination which is done on the basis of perception:- This type of discrimination has been
arises at the time when employees are facing various types of perception which are negatively
impact to their personality.
Harassment and disability:- the term can be described as a conduct which are occur involuntary
or denial by people from the part of their clients, declarer and suppliers. Discrimination on the
basis of disability has been occur at the time when any disorder and physical handicap of person
deprived person from the part of tour operators. Further, there are different types of employment
tribunal which are put in place to take care all the disabilities and discrimination that taken place
to person in workplace and cases of harassments related to legal assertion which they suffer in
relation to promotion, compensation and other unethical practices that leads to losses and dilute
the image of individuals.
Therefore, it is important for manager of Thomas Cook to consider all the above laws and
regulations that maintain the harmony and peace in organisation. It is duty of manager not to
partial with any individual at the providing rewards and recognition related to their work
performance.
Equality law: The main objective behind the providence of this law is that there is no
discrimination in between the employees of organisation on the basis of religion, gender, race
etc. This will provides that tour operator organisation is not recruit the employees through
differentiation on the basis of colour etc.
TASK3
3.1 Contract legislation in relation to travel and tourism customers
Their are different types of contract legislation which has been made and established in
the sector of travel and tourism which help in protecting the interest of customers at the time
when the charge or fees offered by company for their services (Forno and Garibaldi ,2015).
Further, it described all the details related to arrival time, charge for transportation and

destination details which is safer from customers point of view. Therefore at the time if company
not compile with terms and condition prescribed in contract that it give exclusive rights to
customers that they can terminate from contract without communicating with organisation. Every
contract include some important terms which described below:-
Offer:- it is given at the time of presence of two parties I.e offerer and offeree in which one
person which offer to another person related to particular things or services. This is consider as
statement which are ready to be accepted.
Acceptance:- Under this whatever the offer is given to offerer is accepted by offeree through
acceptance. In tour travel industry consumer purchase the holiday packages by discussing the
terms and conditions related to it from tour agent and then agree with the agreement.
Proper Consideration:- In order to make the contract valid consideration must be present in that
agreement. This is the money which is given by customers to tour operators in respect of services
given by them in whole journey. For example Heritage destination consultancy ltd. Charged the
price from their customers regarding their product and services in holiday packages.
Capacity:- Contract is valid only when both the party are competent and have capacity to enter
into an contract. For example when tourist is below the age of 18 years or minor then in such
case it become illegal for tour operator to enter into contract with such person which is not valid
in the eye of law.
Certainty:- Both the contractor and contractee must be clear regarding all the terms and
conditions regarding to contract. Further, consent must be valid from both the side without any
force. For example in contract related to hotel for residency and any type of miscommunication
occur in respect of facility provided to person will lead contract void. Therefore in case of travel
tourism a contract related to holiday made which contain following points which stated below:-
Agreement and its acceptance between both the parties.
Legal objective:- In contract it is important that contract in which both the party enter must have
valid objective which must enforceable by law. Further, if they both enter into such contract
whose terms and condition which define are impossible to perform so agreement must be valid
and easily enforceable.
Detail related to the cost charged by tour operator from their client and it also include all the
holiday packages facilities given by them.
Preferences and choices of customers related to destination where they want to travel.

Detail of hotels where they stay and all the services related to breakfast, dinner is also given.
Therefore, Heritage Destination consultancy Ltd. Before entering in contract with their clients
need to follow all the above terms specified above to make their contract valid and getting the
proper compensation regarding their services.
3.2 Consumer protection legislations for customers of travel and tourism sector
In today scenario there are different rights and interest of customers which has been
protected by the laws legislation made by costumer protection Act that need to followed and
adhered by travel tourism company and their agents at the time of supplying their services to
large travellers (Gössling , Scott, and Hall ,2013).
The trade description Act of 1968 that restricts all the elements related to false and fraudulent
indicator of price related to goods and services. Their is prescribed teams of officers which were
made for inspecting the following things:-
If any wrong description has been given by trader related to business in respect of goods and
services.
With the assistance of advertisement and social communicate wrong information related to
services facilitates and accommodated by the provider.
Any type of incorrect statements given by provider in respect of their goods and services that
exploit customers.
According to the customer protection Act, 1987 it is utmost legal responsibility of manufacturer
and provider to give appropriate information regarding their products and services at stimulated
price and quality which educate consumers regarding all the benefits and any things that affect
the health and safety of consumers. Following are the unfair and unethical practices of business
which must be prohibited which described below:-
Restricts all the supply of unfair and wrong goods and service which are hazardous to the life
and property of person.
Prohibit the tendency of charging different prices from customers in respect to their services
leads to conflicts and confusion.
Their is law which is enforced for the protection of consumers from fraudulent practices known
as unfair trading regulations 2008 which include following points described below:-
 Reliable charges for all the goods and services and applicability of right surcharge.
 Information related to prices of room and renting services and prices of luxury items.

 Charge which were incurred related to entertainment of individuals like swimming pools,
Disc and gyms.
Apart from it, another law known as Package Travel regulation of 1992 which leads to ensure
that if any ineffective communication is their must be corrected at the end of services and
contract must contain minimum requirement for contract related to holidays which include terms
and conditions related to packages and offers they provided to their clients during their holiday
journey to tourist. Further if any insurance facility they are given to their consumers for their
safety during whole trip.
TASK4
4.1 Analysing the ethical dilemmas faced by travel and tourism sector
Ethical dilemmas can be described as the condition where person has been confused
under two condition in order to know whether it is right or wrong or in other word when
individual come in such situational conflicts where obeying of one result in offend another.
Further travel and tourism sector consider as complex industry where there are lot of elements
and components which need to be improved and regulated in proper manner. Factors such as
hospitality is one of vital factor where there related to establishing value relationship and helpful
in fulfilling the existing and potential needs of customers in travel tourism sector
(Guttentag ,2015). Further, Thomas cook must focuses on providing best attractive prices to
their customers in respect of travel holiday packages. Generally, dilemmas created to understand
the perception and culture of travellers coming from different countries. Instability in political
sector and government condition also impact on travel tourism related to different location of
tourist. Government of Russia establish such unfavourable condition in their travel places which
become negative points in the growth and development of tourism industries.
Apart from it, people coming from different background having their own social and
cultural trends which need to be considered by tourism industries at the time of hanging out the
tourist at different destination so their interest has been created in regard to that place. Customers
under tourism sector has been divided on the basis of their age and economic conditions. The
economy which is economically weak like Bangladesh, Srilanka, Vietnam will require to provide
travel tourism facilities and giving visa to people easily without complex formalities. On the
other hand strong economy like UK, USA and Russia that are abide by strict rules regulation of

travel tourism sector and at the time of giving visa to costumer complex and wide procedures
must be their for proper conducting of business.
Dilemmas is affected the working of travel tourism sector due to involvement of
corruption, bribery, gender inequality and exploitation of natural resources because of
manufacturing of such products which create more carbon footprints. Apart from it there are
some legal regulations which help in protecting the right and interest of women at the time of
performing work and in the matter of promotion, transfer and salary increment.
It also found from research that in most of the organisation child labour has been found in
which they are working for late hours and exploited by industries. Therefore it is important for
Thomas cook not to indulge in child trafficking for profit earning and use ethical practices in
their working style which helpful in increasing the goodwill and brand image.
The tour operator also carries some responsibilities towards the society as well. They are
required to carry out practices which are to be sustainable in nature and must not have any
negative impact on the environment. The efforts are to be carried out in ensuring that there is
optimum use of resources available with the business and must not undertaken any practices
leading to unethical behaviour on behalf of an organisation. The tourists and travellers have been
known to spoil the location which is being visited by them, therefore they are to be encouraged
to have minimal spoilage and must undertake responsible tourism practices leading to formation
of suitable environment.
4.2 Analysing of CSR activities in context of Thomas Cook
It is vital for Thomas cook company which UK based travel operator providing travel
services in all over the world. Apart from profit maximisation they also contribute their finance
in the social welfare of employees which can be possible through contributing in CSR activities.
This is legal concept promote corporate sustainability and contribute to the environment in
positive manner (Hall , Scott and Gössling , 2013). Further, it also helpful for Thomas cook to
enhance their goodwill and brand image at global level so they plan to expand their business in
all over the world. Tourism businesses like Thomas Cooks must set their objectives and goals in
order to conserve heritage, political and other social values towards delivering CSR and also
helpful in protecting environment and natural resources which encourage the growth of tourism
sector. Apart from CSR concept company also focuses on the activities related to upliftment of
society through charity and child development. In recent time period it is important for company

in peroid of globalisation require to deliver the services related to CSR which uplift the welfare
of society.
Thomas Cook one of the largest travel tourism sector that create the new concept of
electronic holiday package, E-hotel that help in promoting social responsibility and apart from it
there are different code of conduct and legal ethical practices which help in promoting the
welfare of different communities. Further they organise different events in which they educate
people regarding how they protect environment by using their electronic mode services which
increase the knowledge level of tourist and increase their goodwill also. Apart from it company
also launched one million heat programmes in order to promote the relationship between
employees and customers. Different campaign has been conducted by company like travel
foundation make holidays that promoting sustainability and ethical conduct in all over economy
of particular company.
Thomas cook understand they have large number of responsibility towards society which
motivates them is to maintain the clean environment. In this regard, they provide more emphasis
on saving of the natural resources as they play crucial role ion the 9imrovemnt of the profit of
profits. There are large number of amount is invested by the organisation which helps to attain
the support of society and government.
CONCLUSION
It has been concluded from the whole assignment that different types of legal regulation
has been made in travel tourism sector in order to protect the interest of travellers. Further, for
health and safety of employees various type medical equipment has been arranged for the
protection of employees when they indulged in hazardous trade practices. Apart from it, factor
related to decision making is affected by ethical dilemmas of company to conduct any
procedures because they have to think whether it is right or wrong. Under this Thomas cook is
one the company which organise different events in order to promote sustainable tourism and
helpful in increasing growth and profitability of business.

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