Legal and regulatory framework of travel and tourism industry

3 1.2 Discussion of surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework.4 TASK2 5 2.1 Impact of the principles of health, safety and security legislation under travel and tourism industry.5 2.2 Analyses of legislation which relates to the equality. 7 3.2 Consumer protection legislation in relation to the travel and tourism industry.8 TASK4 9 4.1 Identify and analyse the instances of ethical dilemmas which can be faced by their corporations.

LEGISLATION AND
ETHICS IN TTM

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK1.............................................................................................................................................3
1.1 Legal and regulatory framework of travel and tourism industry..........................................3
1.2 Discussion of surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework.................................................................................4
TASK2.............................................................................................................................................5
2.1 Impact of the principles of health, safety and security legislation under travel and tourism
industry........................................................................................................................................5
2.2 Analyses of legislation which relates to the equality............................................................6
TASK3.............................................................................................................................................7
3.1 Contract legislation in relation to the travel and tourism industry. ......................................7
3.2 Consumer protection legislation in relation to the travel and tourism industry....................8
TASK4.............................................................................................................................................9
4.1 Identify and analyse the instances of ethical dilemmas which can be faced by their
corporations.................................................................................................................................9
4.2 Analyse corporate social responsibilities............................................................................10
CONCLUSION..............................................................................................................................11
REFERENCE.................................................................................................................................12

INTRODUCTION
Legislations and ethics are two very crucial concepts in the business environment which
are accepted by the organisations in order to prevent the unethical practices and injustice within
the organisation. Legislation is concerned with designing the various laws and regulations while
ethics is related to defining the right and wrong, fair and unfair means of various actions which
are to be taken (Bærenholdt, Haldrup and Urry, 2017). This report will explain the legal and
regulatory framework in travel and tourism. It will understand the legislation and regulation
relating to health, safety and security in the travel and tourism sector. This will further put
consumer protection legislation in relation to the travel and tourism and last part of the report
will provide an understanding of the role of business ethics in travel and tourism.
TASK1
1.1 Legal and regulatory framework of travel and tourism industry.
The legislations and tourism industry has a strong connection. This industry is associated
with various individuals who are involved in performing one or the other jobs like seller,
supplier, business organisation, hospitality, customers, etc. When these people are involved in
communicating with one another then legislations comes into the administration. Thereby, the
legal and regulatory framework of the Marriott International in such cases will be indulge
making various decisions in order to implement written set of legislations. Thus, legal and
regulatory framework is also a very broad concept that in general includes the set of different
rules and regulations through which the company ensures security and safety of the industry. The
following are the important legislations which will be enacted by the Marriott international:
 Development of tourism act 1969: This act was developed by the British authority and
the tourist board of England. It aims to promote the tourism industry in UK and to
provide the assurance of supporting the organisations who have insufficient funds and are
involved in developing hotels, renovation of existing hotels, making the registration
process of hotel simplifier, other developments which are engaged in rendering the
accommodation facilities within the country (Becker, 2016).
 Transport act 1980: This enactment by the UK government has successfully cancelled
the licensing laws within the country which has impacted the express coach routes and
tours of over 30 miles. After this enactment, the competition between the national buses

and private vehicles has increased. Apart from this, the privates buses were allowed to
cover all the routes.
 Tourism laws: The laws relating to the tourism sector of the UK is concerned with the
various federal, state and international laws which regulates numerous aspects and
functions of the travel industry.
 Package Travel, Package Holidays and Package Tours Regulations 1992: This law is
concerned with developing various laws and rules which are developed by tour operators
and certain holiday companies (Coccossis, 2017). It becomes mandatory for those
companies to adopt and follow those rules and regulations which are found in booking
the companies terms and conditions. It determines the set of various information's and
that information must be taken into account by various tour operators prior to the booking
of the holiday, after the booking and before the holiday starts. Thus, when holiday is
protected then it provides reasonable standard for the same.
1.2 Discussion of surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework.
Carriage of the passengers are very important to be maintained properly and effectively.
They are essentials of the passenger which are also required to be transported with them. The
transportation is concerned with the surface, sea and air and each have different laws and
regulations in relation to the carriage of passengers. The following is the rules and regulations:
Surface law: These laws are concerned with protecting the carrier of passengers on the
road and land. Under this, the International Carriage of Passenger by Road Act, 1979 will be
enacted which will be treated as surface law. This legislation is concerned with protecting the
passengers who are on board on carrier's permission. The passenger under this law will have the
right to claim against the damage or any physical disorder done to their products.
Air transport regulations: It is concerned with the protection of the carrier of the
passengers who are travelling via air. In this the law which will enacted is Warsaw Convention
of 1929 which are concerned with describing the international carriage and develops the certain
rules and regulations pertaining to the documents of the carriage. This will help the passenger in
protecting and compensating them for any injury caused during the journey (De Grosbois, 2016).
Apart from this, the another law is Five freedom agreement of 1994 which is concerned with

adopting numerous legislations which relates to flying across its territory without landing,
landing for non-traffic purpose, golf stroke down bound the passenger, cargo or mail, etc.
Sea law: This law is concerned with the various legislations which will protect the
customers who will be travelling under the sea via ship, cruise, etc. For this, International
Maritime Organization is the law which was formed by the United nations that renders an
assurance against the safety and security of shipping. The International Convention for the Safety
of life at Sea (SOLAS) is the another law which helps in the regulation of the operations and
functions for the various measures like protection against fire, fighting and dealing skills of
crewmembers from the fire, equipments which will save the life of around 12 passengers, etc.
TASK2
2.1 Impact of the principles of health, safety and security legislation under travel and tourism
industry.
To,
Mr. Fred
Health and safety are increasing in each and every aspect of the business environment. It
is very important for the individuals and organisations to understand the essentialness of
adopting the various laws for the development of tourism sector. Health, safety and security
legislations are concerned with ensuring the protection against the intended hazards and treats. It
becomes the responsibility of the employer and employees under the Elegant hotel to identify
and analyse the deviations if any and take corrective actions against the same (Font and McCabe,
2017). The law which will be taken into account is Health and Safety at work, 1974 which
relates to the development of provisions for ensuring the security at the health, safety and welfare
of different individuals at work. This law provides an assurance against the health, safety and
security of the individual at workplace. Therefore, employers must work effectively for the
protection of their employees from unethical practises at the workplace. So, for this purpose, the
organisation will take the following measures in response to the protection of health, safety and
security legislations at the workplace:
The place of work must be safe and secure from any unethical activities.
 Employees have the well knowledge and are trained effectively in order to relate to the
health and safety.

 Security measures like CCTV, proper record of entry and exit must be kept with valid
identity proof of the people, etc.
Data protection act 2018: This act is concerned with protecting the information of the
individuals which is being used for several purposes by the organisations, individuals, business
enterprises, etc. Under this act every individual who is making usage of personal information like
Elegant hotel will take personal information of the customers are bound to follow the set of
principles which will provide an assurance of safety and security (Gibson, 2016). The hotel will
be responsible for using information fairly, transparently and bound with the laws. It must be
used for specified and explicit purposes, it is also used in a manner which is enough, relevant and
restricted to what is needed. It also has accuracy which assures that it is regularly reviewed and
updated.
Duties of the employer
 It provides assurance of safety and security at the work place premises.
 It has the duty to assure first aid facility to the employees.
Duties of the employees
 They must involved themselves in making proper use of safeguard measures which are
available at the workplace.
 They must also be aware of using the equipments of the hotel safely.
Health and safety officer
Elegant Hotel
2.2 Analyses of legislation which relates to the equality.
To Mr. Fred,
Equality is a concept which relates to not only treating everyone similar but also treating
everybody in a manner such that the results produced for each individual will be the same. It
helps in assuring everybody that every person will have the same opportunities in order to make
best possible utilisation of the lives and capabilities (Van der Wagen, 2015). It helps in making
sure that every individual is getting the equal opportunity and are treated fairly. The main motive
of the enactment of the equality act is to eliminate the discrimination from the workplace and
treats everybody fairly. Such acts are discussed below:
 Racial discrimination act 1956: This act is concerned with making it illegal to
discriminate any individual on the aspects of their colour, skin, etc. It assures that an

individual is treated fairly and in respect of who they are and what they do. It also assures
that everyone will have an equal opportunity and are bound with such laws.
 Human rights act 1998: This act is concerned with rendering the important rights and
freedoms which is to be enjoyed by all the people and they are entitled for the same. It
helps in holding the authorities if something goes wrong with the people.
 Disability discrimination act: In UK, many individuals faces the discrimination at the
workplace due to their disability (Greenwood and Dwyer, 2015). Therefore, this act is
concerned while protecting the individuals from different types of discriminations like
direct discrimination, disability related discrimination, failure by an organisation,
victimisation, harassment, etc.
 Sex discrimination act 1975: This act is concerned with protecting the individual to get
exploited on the aspects of marriages. And it ensures equal opportunities for the men and
women, by providing them with equal pay for the equal work performed by them
irrespective of the gender or sec discrimination at the work place.
 Employment protection act 1996: This is act which is concerned with protecting the
employees at the workplace. It ensure them with flexibility in the operations and insures
them that they are protected at the work place. It helps them in establishing the balance
between the work and life.
Health and safety officer
Elegant Hotel
TASK3
3.1 Contract legislation in relation to the travel and tourism industry.
The term contract is concerned with an agreement which is generally in written form and
this takes place between two or more persons where each involved person has definite set of
roles and responsibilities which are to be performed. There are various elements of Contracts like
offer, acceptance, consideration, terms and conditions, etc. It is used for various purpose and
bound with legality (Higham and. et. al., 2016). For instance, if in a travel and tourism industry,
the company places an advertisements relating to the holiday package and that package is
accepted by the customers on an agreed amount then this will called as contract between the two
parties. Therefore, this could be further understood by the following laws:

 The Unfair Contract Terms Act 1977: The aim of this law is to set limits on some of
the operations and legality of the terms of the contracts. The clause of this contract helps
in ignoring the failure of any of the contracts.
 Sale of Goods Act 1979: This law is concerned with providing information about the
various goods and services which are brought on or before the 30.09.2015. It relates to
the sale of those good which will not only provide the benefit to the individual in
ordinary days but also for specific purposes. This law helps in returning the faulty goods,
recovering claim for faulty goods, etc. For instance, if poor services or the described
services are not given to the customer in travel and tourism industry then they can ask for
refund.
 Supply of Goods and Services Act 1982: According to this law, the supplier is
responsible for rendering the certain services to the customers who have agreed on a
certain contract with the supplier have certain expectations (Moorhouse, D'Cruze and
Macdonald, 2017). For instance, when a customer entered in a contract with the travel
and tourism industry, specifically hotel. Then they will expect the room which is required
to be clean, neat, have basic facilities like bed, wash room, television, etc.
 Package travel regulation 2018: Under this law, the tourism industry is responsible for
providing holiday packages to the customer which will the combination of rendering
transportation, accommodation, spa, and various other services. The package must be of
at least 24 hours and must be sold to the customer at an exclusive price. For instance, the
tourism industry can offer a package of a holiday including the air fare and day trips.
3.2 Consumer protection legislation in relation to the travel and tourism industry.
Customers are the most important constituent in every business organisation. It is very
important for the travel and tourism industry to protect the rights and interest of the customers.
For this purpose, there will be various enactments and they are discussed below:
 Consumer protection law 1987: This is the law developed with the aim to deal with the
unfair or misleading statements in relation to the holidays, travel arrangements, prices,
etc. This law is very crucial for the organisations in present business scenario because if
any unfair treatment will take place then this can impose fine and penalties (Mutalib and.
et. al., 2016). For this, the travel and tourism industry must make sure that the
information which they communicate to the customers are appropriate and does not

contain anything unfair. They must also ensure that supplied information is clearly
understood by the customers. For instance, Travel and tourism companies must not
communicate with false prices of the hotel to the customers as this can create problem in
future.
 Trade description act 1968: This is very crucial law for the individuals who have
suffered from misleading descriptions. This assures the imposition of fines and penalties
on the organisations who have supplied wrong or incomplete information to the
customers. For instance, if the travel agent has communicated to the customer regarding
the accommodation in 5 star category hotel but the hotel in reality is of 3 star category
then this means that it is misleading the customers. And this act of the travel agent will be
against the trade description act for which they can be imposed to fines, penalties and
prosecution.
TASK4
4.1 Identify and analyse the instances of ethical dilemmas which can be faced by their
corporations.
Ethical dilemmas are concerned with the actions which are against the laws and ethics of
the business concern (Ram, 2018). The travel and tourism industry is very big and at the same
time is involved in various ethical issues. The following are issues which is faced by Building
Holidays Homes in the Caribbean Islands:
 Leakage is considered to be one of the most important issues of ethics. In this, the money
which is spend by the customers for the intention of improving the standard of living for
local people is going back to the economy itself. And only a small proportion of money is
staying with local community (Tse and Tse, 2015). This is also because, in present
business scenario, every booking requires advance payments and through this the
business owner gain money and local communities are left behind. Also the all inclusive
holiday packages has created a threat and restrictions on the operations of the local
restaurant and drink industry because it offers the food and other services in the hotel
itself and customer prefers to take hotel services at lesser prices.
 The another ethical issues is created by the big enclave establishments is that these
tourism resorts requires a wider area and space. So they occupy the larger area which is

also used by farmers for sustaining their everyday life and apart from this, it also takes
big area of sea side where local people do fishing for living their everyday life (Sigala,
2017). So this is the unethical practise as it takes the land and other resources from
people which is actually the only source of income for living for those people.
 The tourism industry does not spend money out of their big holiday homes or resorts
which has a direct transfer of money to the foreign corporations. This is another major
unethical practise where people will not even know that where money is actually going
and local resources are also very scarce in nature. Making use of those resources could be
the act of unethical practices for local people. Infect some tourism industries also takes
the homes of local people.
4.2 Analyse corporate social responsibilities.
Corporate social responsibility is the act where the business model helps the
organisations to be socially responsible. It is a broad concept and involves various factors which
are to be taken into consideration. It the means through which the companies are able to
contribute in the benefit and development for the well being of the society. This aims to
accomplish the social objectives of the business by making use of best available limited
resources effectively and efficiently (Sigala, 2018). With this, the companies are able to make
use of eco friendly resources such that it does not pollute the surroundings.
The above discussed are the means of various unethical business practices where the only
manner for being ethical is concerned with the adaptation of the corporate social responsibility
policies. This is important for the travel and tourism industry because it not only protects the
impact of the environment but also has a significance to put pressure on the suppliers and other
stakeholders. For instance, those who are involved in developing hotels, they make sure that they
are generating enough and regular job opportunities for local communities. The company can
also use all inclusive packages which is in real sense is unethical but it will to make sure that it is
rendering sustainable growth for the businesses and is giving majority of the benefits to the local
authority.

CONCLUSION
From the above report it has been concluded that the main motive of this was to protect
the accommodation and other related services from being misused or practised unethically. In
this, the various legislations which are used are subject to the protection and preservance of the
interest, rights and money of the customers and makes them assure that their funds are not being
misused and if they will be used for unethical practises then strict actions will be taken from
imposing higher fines to prosecution. It makes customer aware of different laws which are
specifically developed for the customers and protects them from unfair practices. It makes
customers educated about the manner in which they can file case against the company when they
think that they are mistreated.

REFERENCE
Books and Journals
Bærenholdt, J.O., Haldrup, M. and Urry, J., 2017. Performing tourist places. Routledge.
Becker, E., 2016. Overbooked: The exploding business of travel and tourism. Simon and
Schuster.
Coccossis, H., 2017. Sustainable tourism and carrying capacity: a new context. In The Challenge
of Tourism Carrying Capacity Assessment (pp. 19-30). Routledge.
De Grosbois, D., 2016. Corporate social responsibility reporting in the cruise tourism industry: a
performance evaluation using a new institutional theory based model. Journal of
Sustainable Tourism.24(2). pp.245-269.
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.
Gibson, S., 2016. Mobilizing hospitality: The ethics of social relations in a mobile world.
Routledge.
Greenwood, V.A. and Dwyer, L., 2015. Consumer protection legislation: A neglected
determinant of destination competitiveness?. Journal of Hospitality and Tourism
Management.24. pp.1-8.
Higham and. et. al., 2016. Climate change, tourist air travel and radical emissions reduction.
Journal of Cleaner Production.111. pp.336-347.
Moorhouse, T., D'Cruze, N.C. and Macdonald, D.W., 2017. Unethical use of wildlife in tourism:
what's the problem, who is responsible, and what can be done?. Journal of Sustainable
Tourism.25(4). pp.505-516.
Mutalib and. et. al., 2016. Medical tourism: ethics, risks and benefits. Ind J Pharm Educ Res.
Ram, Y., 2018. Hostility or hospitality? A review on violence, bullying and sexual harassment in
the tourism and hospitality industry. Current Issues in Tourism.21(7). pp.760-774.
Sigala, M., 2017. Collaborative commerce in tourism: implications for research and industry.
Current Issues in Tourism.20(4). pp.346-355.
Sigala, M., 2018. New technologies in tourism: From multi-disciplinary to anti-disciplinary
advances and trajectories. Tourism management perspectives.25. pp.151-155.
Tse, T.S. and Tse, Q.K., 2015. The legal aspects of “zero-fare” tour in shopping tourism: A case
of Chinese visitors in Hong Kong. Journal of China Tourism Research.11(3). pp.297-
314.
Van der Wagen, L., 2015. Events & Tourism Essentials. Pearson Higher Education AU.