Legislation and Ethics in Travel and Tourism Sector
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This report discusses the legislation and ethics in the travel and tourism sector, including the legal and regulatory framework, impact of health, safety, and security, analysis of legislation, contract legislation, and consumer protection laws. It also focuses on Cox & King, a renowned travel organization, and its presence in 22 countries.
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LEGISLATION AND ETHICS IN TRAVEL AND TOURISM SECTOR
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TABLE OF CONTENTS INTRODUCTION...........................................................................................................................3 MAIN BODY...................................................................................................................................3 LO 1.................................................................................................................................................3 LO 2.................................................................................................................................................5 LO 3.................................................................................................................................................7 LO 4.................................................................................................................................................9 CONCLUSION..............................................................................................................................12 REFERENCES..............................................................................................................................13
INTRODUCTION Legislations are basically the statuary laws established by some overnighting body to regulate the fairness and ethicality in state or organization. There are various legislations that dominates the travel and tourism industry and enable them to work towards the interest of their stakeholders. The various acts and laws help this industry to protect the rights of customers and thus help the organization to make sound decisions. Cox & King is predominately the renowned travel organization being established in 1758 by Richard Cox and headquartered in U.K. It has its presence cross 22 countries along with 4 continents and thus is largest travel agent. This report addresses legal as well as regulatory framework in travel and tourism sector, sea and air transport laws, impact of health, safety and security on travel and tourism industry, analysis of legislation, contract legislation in travel and tourism, consumer protection legislation, ethical dilemmas encountered by travel and tourism industry and CSR in travel and tourism business. MAIN BODY LO 1 Legal as well as regulatory framework in travel and tourism sector The laws in tourism generally lays down the framework which governs different travel agencies, airports as well as travel organizations. It has generally evolved from the various environmental protection, employee rights. Health and safety laws etc. Thus the legal framework which addresses the travel and tourism is highly structured and includes a variety of laws as well as regulations
Strategic rail authority(SRA)Health and safety executive(HSE) Thisisbasicallythenon- governmental body of public which is based in UK and thus was established under the act of transport 2000 in order to offerthestrategicdirection andguidanceforrailway industry.Itistheregulation whichhasaffectedCoxand King & its laws of tourism. This enactment classified the sectorofrailwayintotwo departmentsnamelyrailway track as swell as Rolling stock organizations(Bianchiand Stephenson, 2018). It is commonly Known by the name of Health and safety at workplace act which was being established in 1974. This is basically the single and foremost legislation piece in UK for the welfare of the employees and thus looking out for securing their health and safety.Cox & King have a well-through HSE where they are focussed in preventing and thus securing the employeesforvariouswork-relatedinjuriesaswellasill health.It is non-departmental body which is being sponsored by Department for work as well as pensions. International Air Transport Association(IATA) This is basically the trade association in world's airlines that comprises more than 280 airlines predominately the major and important carriers that represents around 117 countries. IATA supports the various airline activities and thus helps in the implementation of the difgfernt industry policy as well as standards. The headquarters of IATA are in Canada, Montreal along with the executive office situated in Geneva. Sea and air transport laws Therightsof thepassengersarebasicallyincludedwithintheregulationnumber 1177/2010. Passengers who suffer from the disability as well as reduced mobility and travel form
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sea or by the inland waterways enjoys the benefit of these rights when they travel anywhere in European Union(EU). This regulation normally applies on the passengers who travel via ferry services, Cruise etc. Carriage of passenger by road act 1974 This is the act which is being set out and thus consists of law forces in UK. This relates to the various rights as well as responsibilities of the concerned person in carriage of passengers along with luggage by the road and thus the person is full liable for injury, death or loss of the luggage of passengers. Air transport regulations This is the convention which was levied for the unification and integration of specific rules which relates to the international carriage via air. It regulates the liability for different international carriage of the persons, luggage as well as goods which are performed by the aircraft. Under this regulation, whenever any person is responsible for the death or the personal injury of the passengers then the passenger has the full right to claim the compensation for loss suffered by them(Spencer, 2018). Besides this, the passengers are under the obligation for carrying the tickets when they travel and also the carrier are required to deliver the ticket to the passengers which should contain the various particulars like place as well as the date of issuance. Montreal convention 1999 This convention replaced the Warsaw convention which was levied in 1929 and thus this came into force in November 2003. It is basically the multilateral treaty which was adopted by ICAO member in 1999 and thus established the various rules related to passenger carriage, baggage as well as cargo. This forms the single and foremost piece of the legal system and thus protects and secures the passengers by establishing liability system of two-tier which eliminates the old requirements and thus serves the passengers by reducing the protracted litigation. This convention was formed with the main aim to increase the liability and responsibility of the airlines for the various lost baggages to a certain and fixed amount of around 1131 SDR per passenger. LO 2 Impact of health, safety and security on travel and tourism industry There are basically the numerous legislations as well as rules which are being framed for the welfare of the health, safety as well as security of individual and thus protects them. Within
the travel and tourism sector, Individual's health is also secured and protected with the help of health and safety at workplace established in 1974. Within this act, the employer is responsible and held accountable for the various acts which are applied by the employee. Besides this, the employer are also held accountable for the security and protection of the employee within the organization(Milano, Novelli and Cheer, 2019). This act generally is regulated and governed by the commission of health and safety wherever it is not under the control of HSC. In this scenario, they generally encounter 2 options. Either they can issue the guidelines or the approved codes and standards of regulations as well as practices.Under this act, the employer are required to provide various facilities to their employee within the premises like first aid, proper lightning. Apart from this, the employer are also responsible for training their staff and employees regarding different safety terms. Besides this act, there is another act which is occupier liability 1984. According to this act, the owner or the occupier have the obligations against the individual whoever visit their lands. Along with this, the occupier has the full right to take the legal actions against individual who visit their land or property without their permission. It is generally the parliament act of UK which specifies the different liability of the occupiers for the trespassers. This act or law extends the right to the owner against the trespasser and visitors and is enforceable when occupier has the basic and constructive knowledge that actual danger exist or the trespasser may be nearby. General data protection regulation, 2018 This act came in to force in 2018 and thus formulate the rights of the individual of personal data. This act addressees that it is the responsibility of the organization to protect and secure the confidential and personal information of the individual which normally includes the bank details, phone number, house address as well as other data(Edgell Sr, 2016).This information is essential for the Cox & King to maintain a proper database of their employees. The information which is provided to Cox & King should be with the consent of that individual and this consent should be free of any coercion or fraud. Analysis of legislation Equality stresses upon the fact that each and every individual should be treated equally and thus shouldnotbe discriminated on the basis of sex, race, caste etc. Discrimination on the other and means that each and every individual are treated on the same platform and equally and
are differentiated on the grounds of sec, race etc. In order to overcome this, there are various legislations which are Sex discrimination act 1975 This act came in to force in 1975 and thus laid down the different provisions which relates to sex discrimination. According to this act, every person whether men or women has the equal rights and cannot be differentiated on the basis of their sex. This act promotes equality between men and women and thus eliminates the discrimination of sex. This is basically the act of UK parliament and includes more than 86 sections(Hughes, 2018). This amendment was made with the aim for providing equal opportunities to men as well as women whether education or at the workplace as well as prohibits the company to recruit the individual by considering the grounds ofsex. Race discrimination act 1956 This act was formed by the UK parliament and thus stresses upon preventing the discrimination between different individual on the basis of race. This act laid down the regulations which reduces and thus eliminates the differentiation between different people by considering their race. Racial discrimination generally consists of the discrimination which is made on colours, race, nationality etc. This kind of the differentiation is seen in the employment and at the workplace(Font and McCabe, 2017). Therefore, based on this act, the individual have the full right to take legal action and thus seek the support of court if anyhow they are discriminated on racial basis in any field whether employment, housing or education. Employee protection act 1998 This act was laid down in 1996 by the parliament of UK and was passed by conservative government that includes the provision for protecting the employees as well as employers at the workplace. This act applies in both public as well as private sector and also extend to provide maternity leave to former and latter. This act also gives the right tothe employees to take legal actions against the company if they are terminated or dismissed without any prior permission. Thus, no employer or manager can dismiss or suspend the employee without any strict reason or without providing the notice of minimum 1 week. LO 3 Contract legislation in travel and tourism Contract legislation
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Contract is basically the agreement which exists between two parties or more than two parties within which the rights as well as obligation of both parties arises and are enforceable by the law. In travel and tourism sector, the passenger and travel company should be aware they both are bound legally with one another. Besides this, according to the contract travel company posses the full right to claim payment and passengers have the right to claim any compensation if company does not fulfil their promises(Kline, 2018). In this sector, the contracts which usually exists are Contract for supply of goods 1988 Under this contract, the supplier are required to and must supply the goods as well as provide the services in accordance with contract. This is mandatory because the customers who enter this contract with suppliers generally have some expectations for the supplier. In travel and tourism industry, consumers are entitled the great accommodation provided by the hotel. They expect the room to be well cleaned and reflect hygienic thus if the hotel provides does not comply to this the consumers have the right to sue supplier as per the contract. Holiday contract This contract is like the various other contracts that exists in travel and tourism sector. According to this contract, the hotels providers are required to provide the full description of the place, hotels etc. within their brochure that will make it convenient for the traveller to choose the best. Besides this, the contract of package travel should also include the name of traveller, payment details as well as email address of the customer. The traveller has the full right to sue the company if the company does not provide the things which is being mentioned by them. Contract for provision of services The services agreement is basically the contract which binds the service provider to perform the given services which are being mentioned in the contract and also pose the liability on customers to take the benefit of services in exchange for certain mount of money. Under this contract, the hotel providers must provide the services and amenities which are being provided in their brochure and thus comply to their promises. On the other hand, customers must pay the specific amount of money which is being set by the hotel for taking these services. If the travellers denies paying the fees and expenses which are associated the agreement then service provides have the right to sue them and take legal action against them.
Consumer protection legislation Tradedescription act 1968 Consumer protection act 1987 Hotel proprietor act 1956 Food act 1984 This act mainly deals with the description of goodsaswellas services that are being traded.Thisactwas replacedbythe MerchandiseMarks act1957.Thisact generallyincludes variousprovisions relating to misleading theconsumersby misdescriptionof goodsaswellas services that are being traded. Thisactprimarily provides full security to the consumers who encounterthe misdescriptionof services and goods by This act was generally establishedbythe parliamentofUK protectstherightsas wellasinterestof consumers.The manufacturer providingthegoods remainunderthe liability to provide the right quality of goods to consumers(McCabe and Diekmann, 2015). Wheneverconsumer purchase the goods or products they have full righttogather information and know aboutthatproduct. Thus,thisbindsthe manufacturerto According to this act, thehotelorany establishmentarenot deemed to become or beinnandduties, rightsaswellas liabilitiesshallbein accordancewiththe provision of act. Underthislaw,the hotelproprietorshall serve as innkeeper and thuspossesthe liabilitytomakethe goodexperiencefor theirguestandthus protecttheirpersona propertywhichthey bring in the hotel. Any loss or the damage to theirpropertythat occursduringperiod Thisactwasbeing establishedin1984 andthusamendsthe variouslawsrelating to the safety of food servestothe customers.Thisact laysdownthe provisionandthus stressesthatthe preparation as well as thesaleofthefood whichisbeing preparedbyhotels shallbewithinthe constraints of purity as well as wholesomeness andshallstrictly complytofoodand safety standards. Thefoodshould
hotels.Accordingto thisact,Hotelsare underfullobligation to offer services along with goods as per the descriptionbeing mentionbythem (Sigala, 2018). In any case,ifthehotel providersfailstodo so,thencustomers have full right to file suitorcaseagainst them under the section 14 of act(Mtapuri and Giampiccoli, 2019). providetheneeded information which will formthebasisof decision-makingby consumers.Inthis industry, the products of hotel are their food, roomsandother amenitiesthushotels are required to provide alltheinformation abouttheirrooms, cleanlinesses,staff servicesintheir brochure and traveller have the right to know aboutthehoteland their rooms. ofmidnightshallbe underthecontrolof hotel and shall be bear bythem(Technitis, 2015). follow the principle of hygieneandthus prohibits the hotels to misleadthe representationof various ingredients. LO 4 Ethical dilemmas encountered by travel and tourism industry Ethics is basically the discipline which lays down the difference between good and bad practices and aware the people of their moral duties. Each and every sector including travel and tourism faces some kind of ethical dilemmas which somewhat hinders their operations and tells them the differentiation between right and wrong. The various dilemmas relating to ethics faced by travel and tourism industry are Local communitySustainable productsEthical marketing This industry generally faces thechallengeregardingthe forced labour as well as the exploitation of various migrant The most important dilemma which the travel and tourism industry faces is providing the safe and sustainable products Thisisonemoredilemma which this industry faces while marketingtheirtourism.The industryremainsunderthe
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workers at the workplace. Hiringtheworkersinthe hotelsandothertravel companiesgenerallyisthe problem which is being faced bythisindustry(Langston, 2017).Thus,providingthe income to these local workers and engaging them in various activities is the major concern forhotelsandothertravel agencies.Thehotelsare requiredtoprovidethe effectivetrainingtothe workers regarding serving the customers better and provide them the world-class quality to them. Besides this, providing the local workers with various resources as well as imparting theeducationaswellas training to serve the travellers better remaina dilemmafor this industry. They support the localeconomiesbyhiring them on part-time basis. Of the as well as top quality services. This industry faces the most importantissuewhentheir competitorsengageinthe unethical competition and thus provide products at much low price along with bad quality services and goods. Thus, in order to survive in the market, providingthesustainable productsthatmeetthe specifiedqualityand expectationsofcustomers remainachallengeofthe industry(Vargas-Sánchez and Moutinho, 2018). pressure to create and promote the more sustainable offerings tothecustomersandthus makessurethatbusiness operate in the ethical manner. Theindustryengageinthe dilemmatomaketheir strategies congruent with their stakeholders concerns. Thesustainablemarketing includes using the processes, techniques as well as resources in such a way that it serves the stakeholdercommunityand thusprovidesagreener environment to the customers. Theindustryisrequiredto markettheproductsthat contribute a large part towards thesustainabilityandthus attractslargeamountof visitors.
full-time basis and thus offers themthelandsforthe development. CSR in travel and tourism business Corporate social responsibility is basically the management practice through which the organizations make committent to contribute a small part towards the welfare of society as well as environment. Role of CSR The main role of CSR in Cox and king is that it helps them to serve the customers better and thus create an unforgettable experience for them. It plays the role of creating a value for customers by providing sustainable products to them and thus leaving long-lasting impression in their minds(Van der Wagen, 2015). Besides this, the most important role which dominates CSR in Cox & King is that it increases the employee loyalty. As the employees often find those companies that operate their functions in ethical manner and thus have the values which align to their interests. Thus, through CSR, Cox & king are able to attract as well as retain the quality employees. Another most important role which CSR plays is helping the company to gain financial success in long-term. For example when the Cox & King reinvest their profits for the welfare of local community as well as universities then it helps in building a great local economy that make it convenient for hotels to look out talented employees. CSR policy The CSR policy of the travel and tourism generally incorporates operating in the most sustainable manner and thus involves various attributes like accountability, sustainability, corporate governance etc. Sustainability Sustainability defines the way in which organizations perform their functions and thus addresses their core values. Cox & King are required to perform their activities in a sustainable manner whether it is marketing their services or aligning the interest of stakeholders. For example the most sustainable practices which the Cox & King apply is using the most energy efficient operations like automated energy system. They work on reducing the use of energy (Sigala and Chen, 2017).
Accountability Under the environment health as well as safety policy, the organizations are required to provide the safe environment for their employees. As the employees as well as the management of Cox & King are held accountable and are responsible for contributing towards the safe and free environment that eventually fosters the safe working environment. For example the employees of Cox & King every year contribute some part of their income towards the welfare of environment and thus this company is well-known for the accountability and transparency to their stakeholders. Corporate governance Corporate governance is basically the system of different rules and practices through which the organization is controlled as well as directed. The Cox & King are required to conduct their business in the most ethical manner and thus achieve the results responsibly. The company is required to perform their activities in the most transparent as well as fair manner to meet the expectations of stakeholders. For example Cox & King with the helps of board of directors as well as management team is consistently involved in achieving the great results by maintaining ethics and thus reviewing the policies every year. CONCLUSION It has been summarized that there are various legal frameworks in travel and tourism sector like SRA, HSE etc. that helps the organization comply to various laws and thus work accordingly. Besides this, the various sea and air transport laws enables the passengers to seek compensation for any loss or damage to their baggage or luggage. The various health and safety leas, sec discrimination act stresses on working towards the welfare of employees and thus treating them well. Along with these, the different consumer protection laws gives the consumer right to sue the hotels if they fail to complete their promises and also helps the service provider to work ethically in the interest of travellers. For increasing the value for customers, hotels carry out various CSR initiatives like corporate governance, accountability, transparency through which they contribute toward the welfare of society.
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REFERENCES Books & Journals Bianchi, R.V. and Stephenson, M.L., 2018. 9 Tourism, border politics, and the fault lines of mobility.Borderless Worlds for Whom?: Ethics, Moralities and Mobilities. Edgell Sr, D.L., 2016.Managing sustainable tourism: A legacy for the future. Routledge. Font, X. and McCabe, S., 2017. Sustainability and marketing in tourism: its contexts, paradoxes, approaches, challenges and potential.Journal of Sustainable Tourism.25(7).pp.869- 883. Goodwin, H., 2017. 14 Issues of Resilience, Sustainability and Responsibility in Tourism. Tourism and Resilience.p.183. Hughes, J.C., 2018. The changing tourism and hospitality context: Implications for human resource management in an age of disruption and growth. InHandbook of Human ResourceManagementintheTourismandHospitalityIndustries.EdwardElgar Publishing. Kline, C. ed., 2018.Tourism Experiences and Animal Consumption: Contested Values, Morality and Ethics. Routledge. Langston, S.M., 2017, June. Commercial space travel understanding the legal, ethical and medical implications for commercial spaceflight participants and crew. In2017 8th International Conference on Recent Advances in Space Technologies (RAST)(pp. 489- 494). IEEE. McCabe, S. and Diekmann, A., 2015. The rights to tourism: reflections on social tourism and human rights.Tourism Recreation Research.40(2).pp.194-204. Milano, C., Novelli, M. and Cheer, J.M., 2019. Overtourism and tourismphobia: A journey through four decades of tourism development, planning and local concerns. Mtapuri, O. and Giampiccoli, A., 2019. Tourism, community-based tourism and ecotourism: a definitional problematic.South African Geographical Journal.101(1).pp.22-35. Sigala, M. and Chen, T., 2017. CfP JTR: Sharing economy in tourism. Sigala, M., 2018. New technologies in tourism: From multi-disciplinary to anti-disciplinary advances and trajectories.Tourism management perspectives.25.pp.151-155. Spencer, A., 2018.Travel and Tourism in the Caribbean: Challenges and Opportunities for Small Island Developing States. Springer. Technitis, E., 2015. Fundamental Issues in Transnational B2B Tourist Contracts of Tour Operators. Van der Wagen, L., 2015.Events & Tourism Essentials. Pearson Higher Education AU. Vargas-Sánchez, A. and Moutinho, L., 2018. New strategic developments in tourism.Strategic Management in Tourism.pp.332-349.