Legislation and Ethics in Travel and Tourism Sector

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This document discusses the legal and regulatory framework of the travel and tourism sector, including surface, sea, and air transport law. It also explores the impacts of health, safety, and security legislation on the sector, as well as legislation related to equality. Additionally, it covers contract legislation and consumer protection legislation in relation to travel and tourism customers.
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Legislation and Ethics in
travel and tourism sector
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Contents
INTRODUCTION.......................................................................................................................................3
TASK 1.......................................................................................................................................................4
1.1 Legal and regulatory framework of the travel and tourism sector................................................4
1.2 Surface, sea and air transport law in relation to the carriage of passengers within the legal
and regulatory framework....................................................................................................................4
TASK 2.......................................................................................................................................................5
2.1 Impacts of the principles of health, safety and security legislation on the travel and tourism sector. 5
2.2 Legislation that relates to equality.....................................................................................................6
TASK 3.......................................................................................................................................................7
3.1 Contract legislation in relation to travel and tourism customers........................................................7
3.2 Consumer protection legislation in relation to travel and tourism customers.....................................7
TASK 4.......................................................................................................................................................8
4.1 Ethical dilemmas faced by the travel and tourism sector...................................................................8
4.2 Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.................9
CONCLUSION...............................................................................................................................................9
REFERENCES..........................................................................................................................................11
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INTRODUCTION
Tourism is one of the key industries under world because it contributes more than 10% in
international economic output. It gives its contribution towards enhancing an economy of
country. In this present time period, travel and tourism sector has been more enhanced. Large
number of persons is travelling from all over the world. Under this mention report will be discuss
about the sea, air transport and surface law in context to carriage passenger with in regulatory
and legal framework (Guttentag, 2015). Consumer protection legislation in addition to travel
and tourism consumers will be discussed here. There has been discussion about the Corporate
Social Responsibility policy of particular business of travel and tourism.
TASK 1
1.1 Legal and regulatory framework of the travel and tourism sector
Travel and tourism industry of United Kingdom is regulated through Association of British
Travel agents. It overlooks towards the issues such as bookings, insurance etc. And also solve
them in a proper manner. Under this, an association regulated process of bookings, travelling
processes and code. Main purpose of this sector is to safety of visitors and prospective
consumers. There are different kinds of laws mention below:
Carriage through Air and Road Act 1979- Carrier is every one included in order to
carrying the passengers through road or air. In case of any carelessness or passenger dies, this
law applies.
Criminal law- For the travel and tourism industry, main focus of this law is on
maintaining structure of tourism sector or society. It focuses on protecting duties as well as rights
of visitors along with the tour operators (Whitfield and Dioko, 2012). If there is any regulation
and laws are breached then it will be unfair conduct will be fined along with charged in criminal
law.
Civil law- In Travel and Tourism Sector, focus on the civil law on deriving equality in
society for the visitors and non- tourists. It regulates operations of different contracts that entered
in through parties in travel sector along with provide the compensation, if contract breach.
Health and Safety Commission- The main aim of commission at driving safety
advantages to public as well as staff members which are working in tourism sector. It makes duty
of occupier for maintain premises in a safe manner to assure security of staff members. Under
this, managers provide appropriate hospitable environment as well as equipments in order to
maintain cleanliness of premises.
CAA (Civil Aviation Authority)- The main work of CAA is to protect customer from any
damage or loss suffered in air. It provides advice to government in problems which is concerned
to aircraft. Its main work is to carried out scientific investigation in averment affect of aircraft.
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1.2 Surface, sea and air transport law in relation to the carriage of passengers within the legal and
regulatory framework
Transportation mode use at the carrying visitors from one place to other the responsibilities
of carrier are stricter in case of injuries and safety during transport. In order to travel the people,
travel and tourism sector uses the air, land and sea and these all are different in nature. Various
modes of transportation are mention below:
Air law- Under this, rules related to documentation as well as international carriage are
explained through “The Warsaw Convention of 1929”. If in case passenger is dead then right to
claim and compensation are also covered in this law. On the other hand, there is also another air
law “The Five Freedom Agreement of 1944” covers all regulations and rules concerned with
landing across the territory for the non- traffic, cargo, passenger landing and traffic (Swanson
and Edgell Sr, 2013).
Surface law- This legislation is governed through “The International Carriage of
Passenger by Road Act, 1979”. This law protects rights of visitors on board. All claims are
concerned to mental disorders and physical damages of visitors are taken care through this
legislation. In addition to this, loss of tourists is governed through “Carriage by Railway Act,
1972”.
Sea law- Under this, shipping security and safety is covered and there is an
environmental factor that is regulated through this legislation. The safety of passengers is
necessary for travel and tourism sector. Under “The International Convention for the Safety of
life at Sea (SOLAS)”, sea craft at least 13 passengers are concerned to life guarding as well as
fire safety equipments are covered.
TASK 2
2.1 Impacts of the principles of health, safety and security legislation on the travel and tourism
sector
Legislation helps in regulate tourist development through introducing unified practices
criteria through identifying obligations as well as rights of people which are included in tourism
sector. In order to maintain the safety, employer and employee both plays a necessary role. The
main aim of health and safety regulation is to assure that the working environment at workplace
should be secure and safe (Scheyvens, 2012). It is a duty of manager to provide the safe working
environment to staff members so that they can feel more comfortable and focus on attaining their
set objectives and aim within given period of time. In context o travel and tourism sector, aim of
United Kingdom country is to give safe accommodation and some other services through setting
liabilities and duties of destination authorizes and also travel providers.
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According to Health and Safety at Work Act, 1974, employer should be take care about
the health and safety of its staff members. In travel and tourism sector, employer should take care
the health of tourists, employees and the service providers. In context to this, it is complex for
the travel and tourism sector where by consumers as well as employees face some difficult
condition when they are not comply with safety regulations. It is necessary that staff members,
visitors and other people should support safety related regulations at workplace. When people are
travelling then their safety is more important.
Under this, training plays a necessary role for enhancing skills, knowledge core
competencies of employees. It is a responsibility of an employer to provide the proper training to
all employees to assure safety of people at the time of journey or in premise (Hall, Gossling and
Scott, 2015). Behind the safety of staff members as well tourists, legislative bodies and
management all are responsible. In addition to this, health and safety legislation states that the
main roles and responsibilities of management are to handle all emergencies which are explicit.
In the travel and tourism sector, it is right of staff members are to be insured of safety on
premise.
According to Occupier’s Liability Act, 1984, it is necessary that occupier of premises in
Wales and England undertakes maintenance of premises as well as safety precautions to assure
safety of tourists. This legislation states that tourists may be temporary or permanent which are
to safeguard against any possible harms and damages that can cause from security breach. So, it
is necessary that travel and tourism sector should follow all the legislations as well as regulations
which are developed through government of United Kingdom.
2.2 Legislation that relates to equality
It is necessary that all employees should be treated at workplace equally. Employers are
needed to assure that staff members are treated in an equal manner in employment. Under the
tourism sector, the main aim of equality legislation is to providing the equal opportunity to staff
members along with visitors to better services in sector (Gössling, Scott and Hall, 2013). The
legislation in tourism sector instruct tourism employees to treat each person equally in terms of
providing services, goods irrespective of gender, disability, age etc. There are different
legislations related to equality mention below as above:
Sex Discrimination Act, 1975- It is necessary through manager to assure that staff
members are not being discriminated that are based on the gender. Women, men and other
gender shall not be denied or opportunity in context with any kind of circumstances to general
strata of firm. It is necessary that women and men should be treated in an equal manner.
Employment Protection Act, 1978- It is necessary through manager to assure that
employment is to be present in the form of written and also provide through end of the 13th week
of employment. Documents should contain proper details of employment for an instance pay
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scale, dismissal, date of joining, terms and conditions of employment etc. Under this, roles and
responsibilities of employees also mentioned in a detailed manner.
Disability Discrimination Act, 1955- It is necessary that employer should not be
discriminate on the basis of disability of an individual. Disable person should provided chance
equal to able person on order to perform any task.
Equality Act, 2010- This act regulates equal treatment of the staff members and citizens
through simplifying legislation while neglecting the inconsistencies. It is necessary that employer
should provide the wages or salary to employees on the basis of their capabilities and working
performance. Manager should treat all staff equally (Smith and Puczkó, 2014).
The main aim of all equality legislation is to assure that each person is able to treat
equally when apply job and also retain at workplace. In context to tourism sector, service
providers and the tour operators should consider each aspect of visitors at the time of offering its
services to assure that they are comfortable and also treated in equal manner.
TASK 3
3.1 Contract legislation in relation to travel and tourism customers
Contract refers to legal relationship among two or more than two parties for services and
products in an exchange of the consideration and also enforceable through law. Each travel and
tourism firm is biding a contract with customer setting payment details of services and payments.
Contracts are important to be precise and thorough. In this, valid contract is formed among
parties on the basis of acceptance as well as contract offer of similar as presented. Those parties
which want to enter in contract have same intention. It is necessary that breach of the contract
should met with any kind of damages claimed through parties to contract alas well as not third
party. In a contract, rights as well as duties of parties are already mentioning in contract.
Contract is to be enters in form an offer made through offerer to offeree.
In context to travel and Tourism Company, there is binding contract for every travel firm
for consumers related to charges along with services are provided through firm. There are some
terms and conditions of travel organization are attached on contract for an instance arrival, cost
of stay, departure, duration and many others (Lunt, Mannion and Exworthy, 2013). There are
some elements related to contract mention below as above:
Offer- It refers to statement and according to this offer is ready for accepted through an
offeree. It is created through offeror to an offeree. There should be presence of two parties along
with situation to accept an offer.
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Acceptance- Under this, an offeree is ready to be accept an offer that been made. in
context to holiday contract, it will amount of buying product or service after discussion in
detailed manner with travel agent.
Capacity- It explains to capability for enter in legal contract. It refers to capacity as
possess age majority, intent free of any duress and soundness of mind. It is a necessary aspect in
holiday contract as it needs customer to declare age (Hall, Gössling and Scott, 2012).
Consideration- It is necessary that contract should be valid under certain consideration
amount is needed to finish acceptance. In addition to this, without consideration of any contract
that will be just agreement not to be binding through legislation. In holiday contract, charges of
holiday through travel agent will be considered as consideration.
In travel and tourism, contract law has made the travelling safer as well as easier for
visitors. Through this, visitors will feel comfortable and safe while travelling.
3.2 Consumer protection legislation in relation to travel and tourism customers
Consumer protection legislation refers to protect interests and rights of customers from
being it violated in hands of travel agents as well as business firm. This law needs company to
encourage along with protect tourism in sector. It is essential that tour operator should provide
the competitive pricing along with facilitate the participation of customers. Relationship among
suppliers, tour operators and visitors is important relationship needed to maintain through
protecting interest (Medlik, 2012).
On the basis of Warsaw Convention of 1929, right of visitors is to be supported for
making claim for the damage or injury caused during travelling. On the other hand, the Trade
Description Act of 1968 prohibits mislead as well as false indicator if cost of services,
accommodation and products. In context to this, it is a responsibility of Trading Standard officers
to check following:
Offer of supply or supply to which the false trade explanation has been implied.
False description of trade through provider.
Making the false statement regarding provision of any kind of facilities, accommodation r
services.
It is necessary that tour operator should be lawful accountable for dealers. Under this,
consumers are following any kind of grievances concerning the rudiments as component of
creational packages with tour operator.
Consumer Protection Act, 1987 states the duty of providing parties and rights of
customers. It is a right of producer to provide the necessary information n product s
mentioned through safety ad health legislations of country. In context to this, it makes
provision for problems such as unfair business practices, fraud and liability of product.
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The Package Travel Regulation, 1992 assure miscommunication that shall be corrected at
end of service provider in order to making the required agreements. It offers less need for
contract to be holiday contract.
TASK 4
4.1 Ethical dilemmas faced by the travel and tourism sector
Ethical dilemma refers to decision making problem among two moral imperatives, which
are acceptable or not. Under this, difficult nature of Travel and tourism sector is due to fact that
there are many factors which are developing as well as required to be regulated. Factors for an
instance management, hospitality and many others which are found dependent on some of the
other factors but also still independent on another (Chuang and et. al., 2014). It is necessary that
travel and tourism sector should develop the value relationship as well as meet with the differ
requirements of potential and current consumers of travel and tourism. In addition to this, there
are some dilemmas in travel relate to the cross cultural nature. Political instable or unrest of
government in many countries such as Syria, Russia etc. tend to impact on travel and tourism
sector. Unfavorable and also negative situation of these countries hinder development and the
government of this sector.
On the other hand, cultural and social components also impact on the travel and tourism
according to communities and societies of tourist destinations, consumers are categorized
according to their age, income level, economy etc. United Kingdom and USA countries have
strong economies which are guided through the regulations and rules of the tourism such as
lengthy paper work and document for the visit permit. In addition to this, dilemma impacting the
travel and tourism industry generally revolve corruption, sexual discrimination, harm to the
natural resources, unhygienic food etc. Other than this, enhance number of the child labors use
for employment purpose in the developing countries. This type of employment in the form of
cleaners, workers, helpers and many others (Singh, 2012). Enhance in the unemployment rate,
lack of social security and poverty are also the main reasons behind developing child labor in all
over the world.
4.2 Corporate Social Responsibility (CSR) policy of a specified travel and tourism business
Corporate Social Responsibility refers to management concept where organizations
integrate the environment as well as social concerns in business interactions and operations with
stakeholders. It can be understand by which the firm attain economic balance, social,
environmental imperatives while at similar addressing stakeholders along with shareholders
expectations, Corporate Social Responsibility is underpinned through an idea that has no longer
act as to isolated economic entities t operate business from wider society.
Under this, business of tourism set its objectives in order to conserve environmental as
well as heritage towards delivering the Corporate Social Responsibility. Its main objective is to
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preserve natural resources and also encourage the travel and tourism sector. On the other hand,
CSR consist protect the endangered wildlife and also promote the cost efficient rates to
customers of travel and tourist for take care of “cultural and ethical values”. In context to British
Airways, it deals in the airline company in United Kingdom as well as biggest airline sector that
is based on the international flights, international destinations and fleet size. This airline is based
on the Waterside near and its main hub is in London Heathrow Airport. British Airline generate
the economic value through meeting demands for the travel business through providing
necessary arteries for investment and trade along with offering the travelling opportunities for
visitors (Day and Cai, 2012).
These are some other reason to British Airways to engage in the Corporate Social
Responsibilities. First, it is an effective tool to attain the long term strategic aims of firm in
providing the better development opportunities. Second is to make improvement in the efficiency
of business along with minimizing cost by energy as well as waste programmed which are
provided strong business case to corporate social Responsibility.
CONCLUSION
It has been concluded from above mention report that legislation and ethics plays an
important role in travel and tourism industry. Government in United Kingdom developed many
laws to protect rights of employees. It provides the equal opportunity to the visitors along with
staff members. In this given report studied about different legislations related to equality.
Impacts of safety, security and principles related legislation on travel and tourism sector has been
discussed here. There has been studied about the law related to consumer protection on context
to travel and tourism industry.
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REFERENCES
Books & Journals
Guttentag, D., 2015. Airbnb: disruptive innovation and the rise of an informal tourism
accommodation sector. Current issues in Tourism,. 18(12). pp.1192-1217.
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 conference
sector. Journal of Travel Research. 51(3). pp.289-302.
Swanson, J.R. and Edgell Sr, D.L., 2013. Tourism policy and planning: Yesterday, today, and
tomorrow. Routledge.
Scheyvens, R., 2012. Tourism and poverty. Routledge.
Hall, C.M., Gossling, S. and Scott, D. eds., 2015. The Routledge handbook of tourism and
sustainability. Routledge.
Gössling, S., Scott, D. and Hall, C.M., 2013. Challenges of tourism in a low‐carbon economy.
Wiley Interdisciplinary Reviews: Climate Change. 4(6). pp.525-538.
Smith, M. and Puczkó, L., 2014. Health, tourism and hospitality: Spas, wellness and medical
travel. Routledge.
Lunt, N.T., Mannion, R. and Exworthy, M., 2013. A framework for exploring the policy
implications of UK medical tourism and international patient flows. Social Policy &
Administration. 47(1). pp.1-25.
Hall, C.M., Gössling, S. and Scott, D., 2012. Tourism and climate change: Impacts, adaptation
and mitigation. Routledge.
Medlik, S., 2012. Dictionary of travel, tourism and hospitality. Routledge.
Chuang, T.C. and et. Al., 2014. The main paths of medical tourism: From transplantation to
beautification. Tourism Management. 45. pp.49-58.
Singh, T.V. ed., 2012. Critical debates in tourism (Vol. 57). Channel View Publications.
Day, J. and Cai, L., 2012. Environmental and energy-related challenges to sustainable tourism in
the United States and China. International Journal of Sustainable Development & World
Ecology. 19(5). pp.379-388.
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