Legislation and Ethics in Travel and Tourism: A Comprehensive Analysis

This comprehensive report delves into the legal and ethical frameworks governing the travel and tourism sector. It examines key legislation, including the Health and Safety at Work Act 1974, Equality Act 2010, and Consumer Protection Act 1987, analyzing their impact on the industry. The report also explores ethical dilemmas faced by travel and tourism businesses, such as responsible marketing, supporting local economies, and resource management. It concludes with an analysis of Corporate Social Responsibility (CSR) practices within the sector, highlighting the importance of ethical conduct and sustainable practices.

Legislation and Ethics in Travel and Tourism
Sector
1

Table of Contents
Introduction.................................................................................................................................................3
Task 1..........................................................................................................................................................4
1.1 Explain the legal and regulatory framework of the travel and tourism sector....................................4
1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal
and regulatory framework........................................................................................................................6
Task 2..........................................................................................................................................................8
2.1 Evaluate the impact of principle of health, safety and security legislation on the travel and tourism
sector.......................................................................................................................................................8
2.2 Analyse legislation that relates to equality.......................................................................................10
Task 3........................................................................................................................................................12
3.1 Explain contract legislation in relation to travel and tourism customers..........................................12
3.2 Explain consumer protection legislation in relation to travel and tourism customers......................14
Task 4........................................................................................................................................................16
4.1 Analyse ethical dilemmas faced by the travel and tourism sector....................................................17
4.2 Analyse the Corporate Social Responsibility (CSR) of a specified travel and tourism business......19
Conclusion.................................................................................................................................................21
References.................................................................................................................................................22
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Introduction
Laws and norms are necessary for regulating and monitoring the activities and operations which
are related to the organisation. As an organisation operates in the community of a nation, there
are certain responsibilities which must be satisfied by the organisation. This assignment includes
the significance of legislation and the various laws which an organisation is liable to follow. It
also includes the role of different personnel involved in the legal system of the U.K. The safety
and health of the employees and the society must make sure by the organisation. Under this
assignment, an understanding of remedies and rights available with the aggrieved party is
explained. It is necessary that an organisation work as per the ethical and moral standards which
will be beneficial for the community.
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Task 1
1.1 Explain the legal and regulatory framework of the travel and tourism sector.
Introduction
This task describes the
different legislations and
regulatory framework in
respect of travel and tourism.
Legal framework covers the
Development of Tourism Act,
1969 and Air Travel
Organisers’ licensing etc.
Regulatory frameworks
include the different bodies
such as Health and Safety
Executive (HSE), Strategic
Rail Authority (SRA).
Air Travel Organiser’s
licensing (ATOL): It
manages through the Civil
Aviation Authority that
provides the protection to the
members of UK regarding the
flights, air holidays. It can be
described as it is the duty of
Thomas cook who deals with
the different services such as
air holiday, flights they must
receive a license from the
civil aviation authority
(CAA). If the tour operators
fail to take license then CAA
ensures that its customers are
either repatriated or they can
receive a refund of payments.
Regulatory Framework:
There is a different regulatory
framework that helps the
travel and tourism industry. It
includes the Health and
Safety Executive (HSE) and
Strategic Rail Authority
(SRA).
Health and Safety Executive
Conclusion
From the above analyses it can
be determined that there are
different regulations and legal
framework that helps the tour
operation in the functioning of
activities.
Legal framework: UK is
exaggerated by the large
number of legislative
measures across the different
activity. These are:
Development of Tourism Act,
1969: It creates the British
Tourist Authority (BTA)
which encourages the people
who are living overseas to
visit the Britain and also
influence them to take
holidays and boost them to
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improve the facilities of
tourism. In 1998, it promotes
the authority around the cross
border and in 2003 it merged
with the English Tourist
Board to create the Britain.
The main aim of visit Britain
is to promote the Great
Britain overseas and to
coordinate the activities of
England( Birmingham, 2018).
(HSE): It observes the safety,
health, illness-related aspects.
It is an independent regulator
that acts in the interest of
public that helps to reduce the
injuries and death across
Great Britain.
Strategic Rail Authority
(SRA): It is the non-
departmental public body
which can be established
under the Transport Act 2000
that provides the different
tactical decisions for the
railway industry.
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1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework.
Introduction
This task evaluates the
different aspects of transport
law in context of
passengers. In this task, it
covers the surface, sea and
air that are governed by
their laws. These aspects
analyse with different
regulations and legislation.
Surface law: The strategic
Railway Authority which
can be performed under the
transport Act 2000. The
main of this body is to
provide the directions and it
protects the passengers’
right. It also handles the
claims of mental disorders,
physical damages. There is
carriage by railway Act,
1972 that deals with the
luggage of passengers
(Wensveen, 2018).
Sea law: Contract law
covers the security and
shipping safety. It also
covers the safety of fire and
guards the passengers
against different equipment.
It helps to inspect the
cargoes and ships across the
area. The main purpose of
this law is to protect the
passenger and prevent them
from the loss.
Air law: this law is
governed by the Airports
Conclusion
From the above analysis it can be
determined that there are certain
laws and regulations in context of
passenger. It analyses the different
laws and regulations for the
protection of passenger.
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Act, 1986 and the Airport
Order 1994. It is the
responsibility of CAA to
investigate the activities
which occurred at the time
of air transport. It covers the
fair and reliable activities. It
also covers the claim and
compensation for the
personal injury.
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Task 2
Executive Summary
As a manager of Thomas Cook Signature, it has been asked to undertake the responsibility to
provide information on the norms and regulations which are applicable on the organisation
ensuring the health, security, and safety in the tourism industry of the UK. Moreover, provisions
related to the equality under the industry aforementioned is also provided
Introduction
Under this part of the assignment, a management report is prepared based on the laws applicable
to the organisation relating to the tourism sector. This report contains how such laws or
regulation affects the organisation in relation to the equality, health, security, and safety. An
organisation, Thomas Cook Signature has been selected for providing the understanding of the
significance of these applicable laws.
2.1 Evaluate the impact of principle of health, safety and security legislation on the travel
and tourism sector.
It is essential for regulating the operations and functions of the organisation making sure about
the health and security on the Tourism Sector of the U.K. There are various acts or laws which
provide an understanding of the rights and remedies available with the personnel involved in this
sector of the business. Due to such laws or regulation, organisation executes their operation with
utmost care, skills so that it may not cause any damages or injuries to the personnel involved.
With the enactment of various acts such as Occupiers Liability Act 1984, Health and Safety at
Work Act 1974, etc. organisation have started operating taking care of its duty towards the
employees and the community in which it is operating its business. The impacts of such
legislation are discussed below:
Health and Safety: An organisation is bound by its duties or obligation in accordance with the
laws to make sure that the personnel connected with it must not suffer from any damages or the
injuries, physically as well as mentally. It is the social responsibility of an organisation to make
sure that its operation doesn’t affect the society and its work staff. It is necessary that an
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organisation comply with such laws otherwise it may attract legal consequences. There are
various general duties of the principal mentioned in section 2 to 9 of the Health and Safety at
Work, 1974 which make sure about the health and security of the work staff and individuals
related with the organisation (Holt and Allen, 2015).
Fair Trading: Due to the introduction of these laws or regulation with provides the safety and
security to the individuals related with the organisations, this has encouraged fair trading in the
market. As per the provisions of section 37 of the Health and Safety at Work Act, 1974, it is
stated that such activities will be held as an offense due to which any individual have sustained
any loss or injury (Hunt, 2018).
Equality: As per the provisions of the Equality Act, 2010, it is essential for the principal
organisation that every individual related with the organisation, directly or indirectly, must be
provided an equal chance and there must be no discrimination between them. If any act happened
due to the negligence of the principal or at the place of employment, it will be considered as an
offense on the part of such principal.
National and Local Level: Establishment of such laws result in enhancement of the regional as
well as the national market as it encourages healthy competition between the competitor. It
provides a restriction on the adoption such mala-fide practices for deceiving the tourists visiting
the U.K. This also improves the image or the goodwill of the nation on a global as well.
Diverse Legislation: As there various acts or regulations such as Health and Safety at Work Act,
1974, Occupier’s Liability Act, 1984, Equality Act, 2010 which ensures that no loopholes are left
in regulating and monitoring the operations or practices adopted by the organisations which may
or may not results in loss or injury to the society as well as the workforce (Partington, 2016).
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2.2 Analyse legislation that relates to equality.
It is the fundamental right of every human to get an equal opportunity to develop and grow.
Various acts were introduced for regulating the activities which affect the fundamental right
which also includes the establishment of the Equality Act, 2010. This Act makes sure that equal
opportunities are provided to the individuals engaged in the business environment. This act also
deals with the act of harassment and discrimination. Equality Act was introduced replacing the
Sex Discrimination Act 1975, Disability Discrimination Act 1995 and Race Relations Act 1976
under a single act. Complaints against actions such harassment or discrimination which are
considered as an offense in this act can only be made as per this act only after 1st October 2010
and if the complaints are related for the actions before 1st October 2010 then it will be death with
in accordance with the individual acts.
Discrimination: Discrimination is an act in which every individual at the place of employment
or the general public is not provided equal opportunities based on the gender, belief, disability,
religion, race, colour, etc. Such act is considered as an offense under Equality Act and person
responsible for such act may face legal penalties and may be liable compensate the aggrieved
party.
Harassment: This act provides protection and safeguards to the workforce or the community in
general. Harassment means unacceptable behavior at the workplace or in the community which
results in humiliation or insult to the suffering person by means of words, images, expressions,
etc. Such action is considered unlawful and attracts the legal penalties. Such actions can be based
on different factors such as age, gender, disability, pregnancy, etc (Gov.uk, 2015).
Human Rights Act, 1998: There are various fundamental rights which are made available under
this act for the safety and security of the Humans. There are different activates which affects the
individuals living in the society. This act is divided into different articles including different right
in each article such as in Article 2, Right to Life is provided to the humans, under which no one
has the authority to take the life of someone, not even the government (Smith, 2018).
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Conclusion
In accordance with the laws mentioned above, it can be concluded under this part that
organisations are bound by the provisions of the acts mentioned above, to make sure that the
operations of the organisation don’t impact the health and safety of the individuals of the
community.
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Task 3
3.1 Explain contract legislation in relation to travel and tourism customers
Introduction
This report analyses the
different legislations in
tourism as well as travel. In
this scenario, the tour
assistant of Thomas cook
sold the different packages to
the clients and they are not
happy with the services
provided by the organisation.
So as a consultant, it
analyses them different
regulations and legislation
that helps in the tourism.
Acceptance: It is an
important part of contract
legislation. It can be
elaborated, when the tour
package is purchased by the
offeree and they become the
consumers.
Consideration: There should
be a consideration between
the parties. For example,
Thomas cook charges a price
for the availability of services
from the customers.
Capacity: It can be described
as the parties who make the
contract he/she should be
capable of making an
agreement that means he/she
should not be minor, and he
is of sound mind so that he
can easily understand the
terms of the contract.
Certainty: The contract is
certain which means that all
the terms and conditions are
clear in contract. If there is
any wrong information
Conclusion
From the above task, it can be
analysed that contract law plays
a vital role in travel as well as
tourism. It provides the way of
contract and also helps to
understand the different aspects
of contract that helps the Thomas
cook to make the agreement. It
also provides the termination
clause if any of the conditions
are not satisfied by the
organisation, then the tourist has
the option to terminate the
contract.Contract
Contract is the agreements
which can be framed by the
individuals on regular basis.
A contract can be classified
as promises or promises
which were enforced by law.
It can be made, when both
the parties agree to terms and
customers. In travel and
tourism, there is a contract
between the customers and
Thomas cook in which they
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have to specify all the terms
and conditions regarding the
services and their charges. It
also specifies the different
conditions such as time of
arrival, time of departure,
place of destination. In case,
if Thomas cook did not
fulfill any of the conditions
then the customer has option
to terminate that contract
(Scalia, 2018).
Elements of contract
Offer: Offer can be
provided by the tourist
organisation, the person who
makes an offer is offeror and
the other is offeree. If offer
accepts the offeror then that
service is accepted. Thomas
cook provides the offeror
and there can provide the
invitation to offer.
regarding the hotel then there
is miscommunication
between the parties and that
leads the contract invalid. So,
it is essential for both parties
to understand all the terms
and conditions.
Enforceability: The contract
should not execute until it
gets the enforceability of law.
The intention of both parties
should be lawful, and then
only it can be enforced
(Johnston, et. al., 2018).
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3.2 Explain consumer protection legislation in relation to travel and tourism customers
Introduction
This task evaluates the
consumer legislation in
respect of travel and
tourism. There are
different right and
interests of consumers and
this must be protected
under the consumer
legislations. It also
analyse the different acts
such as trade description
act, 1968, consumer
protection act, 1987.
Consumer Protection
Act, 1987: This Act
states the duty of
manufacturers regarding
the information of
product that can be
stipulated by the health
and safety laws. It states
that consumers should be
protected by the quality
and price which means
that the Thomas cooks
provide the products at
the affordable and cheap
cost and it must be in
code of practice. It does
not include any
additional cost such as
tax. Thomas cook supply
the safe and secure
services to their
customer, it does not
provide any harmful and
dangerous products
(Swan, et. al., 2018
Package Travel
Regulations, 1992: It
states that the tour
operator does not include
Conclusion
From the above task, it can be evaluated
that consumer legislation plays a crucial
role in the travel as well as tourism. It
provides the rights and benefits to the
consumer and protects them from unfair
trade practices and from misleading
information. For this it also analyses the
different acts such as trade practices act,
1968, consumer protection act, 1987,
Package travel regulations act 1992 that
helps the customer to know their right
and duties.
Consumer Protection
Law the main aim of this
law is to protect the right
of consumer against the
false or misleading
information. In the travel
and tourism, it is
necessary to provide the
information regarding the
tour packages to the
consumer. The
information must be
reliable and accurate so
that it does not lead to any
confusion (Kullenberg,
14

2018).
Legislations
Trade description Acts
1968: this act prevents the
retailers and
manufacturers from
misleading the consumers.
The main aim of the act is
to prohibit the misleading
and false information
regarding the services,
products and
accommodation etc. It
imposes penalties to
organisation regarding the
wrong information. For
example, If Thomas cook
provides the wrong or
misleading information to
the tourist then penalty
can be imposed on them
as it is a criminal offence.
It also encourages the
different standards that
help to maintain the better
relations between the
consumer and market.
the excessive and high
prices; it must be
affordable so that visitors
can pay easily for their
services. It states that the
package provided by the
Thomas cook should be
true and reasonable. It
must provide all the
benefits and facilities
which was mention in
package, if the facilities
do not match with the
information, then it will
be treated an offence and
the party has to face the
legal consequences that
can be in form of penalty
or punishment (Amine
and Predelus, 2018).
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Task 4
Executive summary
This task aims to promote the ethical behaviour in tourism and travel. It also analyse the role of
ethics in Thomas cook. Ethics can be described as the wrong and right actions that help in day to
day activities. It evaluates the concept of business ethics, theory of ethics and dilemmas and
analyse the policies.
Introduction
In this task, it analyses the role of ethics in tourism and travel industry. It also evaluates the
different ethical dilemmas which were faced by Thomas cook. It also accesses the different
policies such as CSR in travel as well as tourism industry. Ethics can be based on the social and
belief concepts that can be varied among situations, cultures and individuals.
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4.1 Analyse ethical dilemmas faced by the travel and tourism sector.
Business Ethics: Ethics focuses on the morality and the moral principles which are applied in day
to day life. It involves the active process of applying standards that can range from religious
ideologies to traditions and customs. Ethical behavior is conformed to individual’s beliefs and
social norms about the right and good behaviour.
Ethical Theory: Law and ethics overlap with each other. Law reflects the minimum norms of
society and standards of business conduct. Law can be advanced through the ethics. All ethics
are not legislated and there is ambiguity between ethics and law.
There is a different theory of Ethics such as theory of Utilitarianism which can be elaborated as
the ethical standards and based on the right and wrong on the conclusions of choosing one policy
over the other. Kantian ethics is the set of universal rules which was based on the thinking and
requires the reversibility and reliability.
Ethical dilemmas: It is a problem of decision making in which an individual has to choose
between two unfavorable alternatives. The problem of ethical dilemma is faced by tourism as
well as travel industry for the growth and development (Reid, et. al., 2018). The sector of
tourism includes the service and product sector, hospitality, accommodation etc. There are
different dilemmas which were faced by Thomas cook these are:
 Marketing tourism responsibly: It is considered that there are different unethical
practices which have accused by the Thomas Cook, for example sale incentives which
can be offered to different agents to promote the sales, and linked the different types of
services on normal charges(Hutchins, et. al., 2018). To improve these practices, a new
form of tourism products has been advanced by the Thomas cook that minimizes the
negative impact of tourism.
 Supporting local economies and political regimes: It is recognising that by supporting
the regimes of political, tourism is accused as they are involved in the corruption and
violation. To be ethical it is necessary to support the local economies and provides the
employment and considers the environmental value and costs. It is necessary that ethical
tourism support the respect of human rights and freedom.
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 Resources economically: It states that there should be optimum use of resources which
means that resources can be used in a sustainable manner so that it reduces the waste and
there will be no chance of overconsumption. Mass tourism is criticised on the basis of
depleting resource of tourism and on the other side the airlines are using fewer resources
they are underutilizing, this situation states that the resources are not used properly and it
uneconomic. So to remove this situation the Thomas cook has to use resources
economically and there should be optimum use of resources.
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4.2 Analyse the Corporate Social Responsibility (CSR) of a specified travel and tourism
business.
Corporate social responsibility is a business approach which contributes to the development by
delivering the cultural, social and environmental benefits for all shareholders. It concerned with
the ways in which Thomas cook exceeds the obligation to shareholder. It is a strategy that should
be sensitive to the wants and requirements of shareholders in the operations of business.
CSR plays a crucial role in business environment and it should be ethical. To be ethical, CSR
should respond to ethical consumerism which means that there are majority of consumers who
demand for services and products ethically. Thomas cook is considered ethical as it provides the
benefits and package for tourism. It includes the nature tourism, bird watching etc. Thomas cook
has to follow the Environmental and social auditing this helps them to analyse the behavior of
executives, employees and customers that they are adopting the policies or not. To be ethical
they have to develop the code of practice which helps to guide the employees’ about their work.
Role of CSR: CSR plays a crucial role in Thomas cook that consist of accountability,
sustainability, involvement of community, human rights, corporate governance. There are certain
commitments towards the customers, communities that are to protect and conserve resources,
improve the conditions of labor and protect the rights of a human. .
Thomas cook has a different responsibility toward the tourism.
 Accountability: It is the duty of company to provide all information regarding the
services and products which was offered by them on website that will be easy for the
tourists.
 Environment: Environment should be protected by using the different practices and
strategies such as using the sustainable products and by process of production and using
carbon offset products etc. The tourist has to dispose the toxic waste and engage in the
act of recycling. They have to control the air, water, land pollution and adopts the concept
of green marketing. In this way they can remain sustainable. They have to preserve the
environment rather than destroying it.
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 Social responsibility: Thomas cook is responsible to serve the better quality products to
their customers that help in their standard of living. They have to make sure those
services and goods are according to the purchasing power of society. There should be no
unfair pricing in organisation and they have to be ethical in the advertising by providing
the truth and clear information and introducing the morally objectionable advertisements.
They have a responsibility towards the investors and employees (Upadhaya, et. al., 2018).
Conclusion
From the above task, it can analyse that ethics plays a significant role in Thomas cook. To
remove the dilemma they have to follow the strategies and plans so that it would be beneficial
for Thomas cook. There is different responsibility of Thomas cook toward the tourist; it can be in
form of social or environmental which provides the benefits to the tourist.
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Conclusion
From the above study of different laws and acts applicable on an organisation under the Tourism
and hospitality industry, it is concluded that these laws provide security and make sure about the
health and safety of the tourists visiting the U.K. and to the workforce of the organisation. It is
essential for the growth and development of the organisation that it must comply with the laws
and norms of the various applicable laws and acts of the organisation. All the social
responsibilities of the organisation must be fulfilled and Thomas Cook Signature makes sure that
all such duties or the responsibilities towards the community and its employees are fulfilled. In
accordance with these duties, effective plans and strategies are made by the organisation
ensuring the fulfillment of the duties.
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