This assignment examines the crucial role of ethics in tourism management. It delves into the challenges posed by environmental impact, cultural sensitivity, and responsible business practices. Students will analyze case studies, research current trends, and propose solutions to promote ethical conduct within the tourism sector.
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LEGISLATION AND ETHICS IN T & T
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TABLE OF CONTENTS Introduction......................................................................................................................................3 TASK 1 understanding the legal and regulatory framework in the travel and tourism sector.......3 1.1 Explaining legal and regulatory framework of travel and tourism sector...........................3 1.2 Discussing surface, sea as well as air transport law related to carriage of passengers in the legal and regulatory framework...................................................................................................4 TASK 2 understanding legislation and regulation relating to health, safety and security in travel and tourism sector............................................................................................................................6 2.1 Evaluating impact of the principles of health, safety as well as security legislation on travel and tourism sector........................................................................................................................6 2.2 Analyze legislation that is relating with equality...................................................................7 TASK 3 UNDERSTANDING COSNUMER PROTECTION LEGISLATION RELATING TO TRAVEL AND TOURISM SECTOR.............................................................................................9 3.1 Explaining contract legislation in relation to travel and tourism customers..........................9 3.2 Explaining consumer protection legislation relating to travel and tourism customers........10 TASK 4 understanding the role of business ethics in the travel and tourism sector....................11 4.1 Analyzing ethical dilemmas experienced by travel and tourism sector...............................11 4.2 Analysis of Corporate Social Responsibility (CSR) policy of particular travel and tourism business......................................................................................................................................12 CONCLUSION..............................................................................................................................13 REFERENCES..............................................................................................................................14 2
INTRODUCTION The main system that assist in regulating almost each part of the society is referred to as legal judicial system. It is the one that involves travel, tourism as well as hospitality sector. Travel and tourism industry is considered as one of the largest business domain within UK. Further it has greater sharein the GDP of UK. The tourism sector to a greater extent is closely associated with the legal system as well as business organizations (Khuong and Nhu, 2015). This is comprised of hotels, agencies as well as restaurants that depends on common law for the purpose of dealing with one another. There is presence of large regulatory framework relating with industry wherein the mode of transportation under such can be air, sea and land. In the present report legislation and ethics has been discussed in context of travel and tourism sector. It is the key industry that makes more than 20% of the contribution to the economic output (Brandon-Jones and et.al., 2016). The tourism law has laiddown certain framework that are effective in governing travel agencies, businesses as well as airports. The present study entails to understand the legal and regulatory frame work in travel and tourism sector. The study includes legislation and regulations relating with health, safety and security in travel and tourism sector. TASK1UNDERSTANDINGTHELEGALANDREGULATORY FRAMEWORK IN THE TRAVEL AND TOURISM SECTOR 1.1 Explaining legal and regulatory framework of travel and tourism sector Legislationrelatingwithtourismiscomprisedofseveralacts.Theaimbehind involvement of such legislation is to make establishment of the rights and obligations of people with respect to delivery of services. The regulations has greater impact on the tourism law of the nation. The various acts has been enumerated in the manner stated as under:ď‚·Development of Tourism Act 1969: The act is being introduced by the British Tourist Authority. It lay emphasis on coordination among the tourism industry as well as business (Weaver, 2015). The authority of British Tourist has made an integration with the English Tourism council to visit from Britain.ď‚·Transports Act 1980 and 1985: The act of Transport 1980 has made termination of the licensing laws that further affects the express coach tours of over 30 miles. This has 3
resulted in increasing competition among the national bus as well as private bus companies (Lam, 2013). The act 1985 has regularized the system of route and it is allowing the private buses for operating all the routes. Package travel, package holidays and Package Tours Regulations 1992: The major aim regarding the development of such legislation is to define responsibilities of tour operators for the customers (Vila, Darcy and González, 2015). In this act each tour operator need to abide by the recommended legal regulations. Travel and tourism sector is focusing on several other regulatory framework also. This has been enumerated in the manner stated as under:Health and safety commission: The rules that have been stated under health and safety commission arerequired to be updated in accordance with the law in order to make delivery of adequate amount of services (Erkuş-Öztürk and Eraydın, 2010).Strategic Rail Authority: The consequent legal document has categorized the railway sector into two major areas (Healy and Kamya, 2014). This includes Rail track as well as Rolling Stock Companies. These organizations are entitled for managing the strategic aspects relating with management of rail. International Air Transport: The act has lead to establishment of various policies as well as standards for tourism sector of the nation majorly in the area related with air transport (Preston, 2007). Therefore from the discussion carried out above it is fact that legislation as well as legal framework needs to be employed in all the work processes of travel and tourism so that service quality can be offered to the customers. 1.2 Discussing surface, sea as well as air transport law related to carriage of passengers in the legal and regulatory framework Carriage is comprised ofmovement of goods from one placeto another with the assistanceof particular facility that relates with transportation. Thus in this regard the ruling bodies have made determination of various laws relating to management of transport. Such is comprised of regulation that relates with sea, surface as well as air transport. In accordance with article 3 transmission of carriage is comprised of various liabilities in relation to the passengers. Therefore the individual who is suffering from the loss needs to make establishment of the 4
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liability of carrier (Reisinger and Dimanche, 2010). On the other hand carriage also involved liability towardspaying off against the loss in situation if it has occurred during the course of carriage.ď‚·Surface law: It is referred to as the law that is being established by the International Carriage of Passenger by Road Act 1979. This is being governed by the transportation system of nation. Surface transport is incorporated with road as well as air sources wherein all the sources should be managed in accordance with the dimensions relating with quality (Sharpley, 2006). It hasdeveloped various laws for the purpose of protecting the passengers that are on broad through permission of carrier. In situation of loss ans well as damage, claims can be developed for the cure under the current legislation. This is comprised of physical, mental disorder as well as damages on the visitors that are traveling through carrier. This also involved provisions related with the loss of luggage as well as such particular area is being governed through carriage by Railway Act 1972 (Paget, Dimanche and Mounet, 2010). Privatization of railway lay emphasis on transportation of goods as well as passengers. Thus safety measures needs to be taken into account.ď‚·Sea law: The organization of international Maritime has developed this law in order to make sure the the safety as well as security related with shopping. While making transmission of goods and passengers from one place to other higher consideration needs to given to safety provision to a significant level. It needs to take into account environmental factors while functioning the ships. The international convention relating with the safety of life at sea makes regulation of various measures relating with protection against fire (Reddy, York and Brannon, 2010). Therefore such result in enhancing the fire fighting skills with the members of staff in order to minimize the risks as well as issues. It has developed several provisions for the passengers who are in ship or ferry. Therefore in this regard the protocol of 2002 became compulsory in which the passengers are required to get insured while traveling through ships. In similar way it has enhanced the limit relating with the liability. ď‚·Air law: The transport law for air is being comprised of several legislation in which Warsaw Convention 1929 reflects that maintenance of the international carriage needs to 5
be managed in accordance with the documents of the carriage. In accordance with the regulation passenger possess the right to claim against the compensation in situation of death as well as personal injury. Under this luggage check is needed at the time of making beginning of the journey (Scott and Becken, 2010). The Denied Boarding Compensation Schemes possess the authority regarding raising the protection standards in relation to the passengers. In addition to this they needs to make sure that all the operations are being carried out in appropriate way. TASK2UNDERSTANDINGLEGISLATIONANDREGULATION RELATING TO HEALTH, SAFETY AND SECURITY IN TRAVEL AND TOURISM SECTOR 2.1 Evaluating impact of the principles of health, safety as well as security legislation on travel and tourism sector In accordance with the stated case scenario, being a health and safety officer at Bell view hotel it is being advised that every organization is required to comply with health and safety related aspects. Bell view hotel possess the responsibility to develop suitable safety arrangements for their personnel and thus this results in development of higher level of confidence in them. Through means of complying with the laws and legislation Bell view Hotel would be able to make prevention of the hazardous aspects to a greater extent. Such have been enumerated in the manner stated as under:Health and safety act 1974: In accordance with the law Bell view hotel needs to make recognition of the sessions for training for the employees in order to deal with the technical aspects. In addition to this the employees of the organization can claim against the injury that has emerged during the course of employment (Erkuş-Öztürk and Eraydın, 2010). Under this the business unit possess the entitlement to offer compensation to the employees for the loss that is being suffered by them.Occupier's liability act 1984: In accordance with this Bell view hotel is required to make appropriate arrangements of safety of their customers in order ensure prevention of the injury. Under this if there is occurrence of accident as a result of negligence of the organization that it has obligation to pay to the party injured. However in case the visitor 6
intentionally ignores the health ans safety aspect the firm has not liability to compensate against the loss that has been occurred by them.ď‚·Data protection act 1998: The particular act reflects that Bell view hotel is required to keep the database of all it customers in a systematic way. Under this responsibility is beingpossessedbythepersonnelregardingnottodiscloseinformationbefore unauthorized individual (Heung, Kucukusta and Song, 2011). Further here the employees are required to take permission in advance from the senior level executives. This in turn assist Bell view hotel in management of the dilemma in effective and efficient manner. ď‚·Duty of care and vicarious liability: Based upon this act, the organization of travel and tourism is required to comply with the reasonable duty of care. The organization needs to make suitable arrangement relating with the aspect of health and safety of the personnel as well as visitors (Kayar and Kozak, 2010). In addition to this as per the vicarious liability act the employer is held liable for the actions that are committed by the employee and such has results in causing injury to an individual. Further during the employment owner of the organization possess the power to keep control on the activities of the personnelthatareundesirable.Thereforetheemployerhasobligationtoprovide compensation to the third party in condition of loss that is being suffered by them as a result of employee's misbehavior. 2.2 Analyze legislation that is relating with equality Equality related legislations reflects that organization is required to make discrimination while making recruitment as well as selection of the personnel. Bell view hotel is required to treat all its personnel with similarity through abiding by the equality concept to a greater extent. The organization can motivate its higher level authority to put efforts towards offering equal chancestotheallthe individuals(Epstein, 2009). Suchoffersgreaterassistancetothe organizationinincreasingitsproductivityaswellasprofitabilitytoasignificantlevel. Organization can make retention of the employees for longer duration of time by adoption of various laws and regulations. These have been enumerated in the manner stated as under:ď‚·Sex discrimination act 1975: Bell view hotel makes adoption of the policy relating with sex discrimination which assist in offering equal opportunity to the personnel regarding the employment. In accordance with such the business must not make discrimination of 7
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the customers based upon the sex, martial status etc. Such facilitates the organization in buildingandattainingdistinctimageinthemarketplaceasitprovidesequal opportunities related to employment to all the talented as well as skilled individuals within the society.ď‚·Disability discrimination act 1995: Such act demonstrates that discrimination cannot be made by the firm based upon their disability. Therefore Bell view hotel needs to provide similar respect as well as employment opportunity to the personnel (Fennell and Malloy, 2007).Bellviewhotelmakespreparationofseveraljobdescriptionaswellas specificationfortheindividualswhoarephysicallydisabled.Suchaspectclearly demonstrates that Bell view hotel provides similar opportunity ofemployment to the members of community.ď‚·Human Rights Act 1998: In accordance with the laws and legislation the personnel who possess the right to offer feedback to the management regarding the areas wherein they perform (Gibson, 2009). In addition to this act the personnel can raise their voice for any type of undesired action that is being taken by the management.ď‚·Employment act: As per this act organization needs to provide pension and leave benefits to the individuals. Apart from this personnel possess the right to demand from the employer regarding appropriate health and safety arrangements. ď‚·Racediscriminationact1976:Inaccordancewiththisactfirmcannotmake discrimination of the personnel on the basis of race (Holcomb, Upchurch and Okumus, 2007). Apart from this the firm is not allowed to make discrimination based upon the color that can be black or white. In addition to this it is unethical to make differentiation among the individuals based on the color and race rather than potential as well as skills. The above stated laws as well as legislation offers higher level of support to the organization towards attracting skilled as well as talented personnel. Along with this it also acts as an aid for the organization in making enhancement of their corporate image. Thus this leads to motivation of the individual to a greater extent (Holden, 2009). It can be reflected that organization can build unique image within the market place by the means of providing equal opportunities for employment to the personnel. 8
TASK 3 UNDERSTANDING COSNUMER PROTECTION LEGISLATION RELATING TO TRAVEL AND TOURISM SECTOR 3.1 Explaining contract legislation in relation to travel and tourism customers The contract legislation relating with travel and tourism customers have been enumerated in the manner stated as under: LEGISLATIONDESCRIPTION The Unfair contract terms Act 1977 and the unfair terms in consumer contract regulation 1999 In accordance with the contract it is important for the contractual parties to carry out all the operations in an effective manner that is as per the legal framework as well as requirements. In accordance with the contract the parties needs to ensure that they are managing the work in accordance with the interest in one other in ordertofulfillthepurpose(AnEffective Corporate Social Responsibility Programme, 2013).Incontrasttothisunfairtermsin consumercontractregulationpreventsthe consumersfromineffectivesellingofthe products as well as services. Consumer needs togainsuitableproductsandservicesin accordance with the terms as well as conditions of the valid contract (Khuong and Nhu, 2015). Such act can emerge within the exclusion of tortious liability. Sale of Goods Act 1979 and the supply of Goods and Services Act 1982 Sales of Good Act deals with selling of the products within United Kingdom. The law is required to be abided while one party makes transfer of goods to another party on behalf of money. Any product can be regarded as sold 9
when the ownership is wholly transferred to the one who is purchasing (Heung, Kucukusta and Song, 2011). Thus it is clear that while making sales of the goods and services it is essentialforthepartiestoensurethat ownership is being transferred. In accordance with the similar act sellers makes sure that the quality as well as suitable goods are being delivered to the parties with the aim to retain the contract (Brandon-Jones and et.al., 2016). At the end it can be stated that supply of goods as well as services needs to done in particular duration of time with the aim to satisfy the demand. Therefore both the laws needs to be taken into account while making transfer of the goods from one location to other. 3.2 Explaining consumer protection legislation relating to travel and tourism customers While conducting the operations as well as activities it is essential for Bell view hotel to pay attention towards all the legislation in terms that they are being employed in an effective manner. In addition to this the hotel needs to take care towards the protection of the consumer (Kayar and Kozak, 2010). This is for the purpose of making sure that protection is being given to the interest of the consumer in an effective way. The role of the particularact is significant in prevention of the customers from getting exploited or cheated. All the organizational activities as well as operations needs to be conducted by Bell view hotel through taking into account the aspects such as legal and regulatory (Weaver, 2015). Along with this one of the essential act that needs to be abided by the organization is referred to as Trade Description Act 1968. Moreover it can be said that act would exert pressure on Bell view hotel regarding not to get involved in the practices that relates with misleading or wrong demonstration of pricing. This would assist in development of brand imageof the hotel. In addition to this it would lead to attracting greater 10
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number of customers. In contrast to this government with UK has developed former Consumer Protection through Unfair Trading Regulations with the year 2008. The aim beside development of this regulation relates with discouraging the firm to charge the prices that are unfair and are not relevant (Epstein, 2009). While taking care of the consumer protection legislation, there are certain requirement which needs to be complied with by the firm. These needs have been enumerated in the manner stated as under: Authentic prices needs to be charged by the organizations that are operating in travel and tourism sector. The concept of surcharge would be applicable in condition when the payment is being made by the means of cards (Lam, 2013). While the room is on rent t he hotel needs to involve the services within the same. While offering services in the bar it is essential for the hotel to disclose the prices (Healy and Kamya, 2014). Extra money would be charged in case of mini bars. Apart from this it can be said that travel and tourism firm needs to take into account Package Travel regulation that was being devised within the year 1992.The particular act reflects that organization needs to pay attention towards various needs while providing several kinds of services (Vila, Darcy and González, 2015). Moreover all the types of services related with travel and tour ism needs to be offered by the organization. Moreover Aviation Travel Organizer's license is required to be taken into account by the firm that is offering service s like air travel. TASK 4 UNDERSTANDING THE ROLE OF BUSINESS ETHICS IN THE TRAVEL AND TOURISM SECTOR 4.1 Analyzing ethical dilemmas experienced by travel and tourism sector `The organizations that are conducting the operations within Travel and tourism sector have responsibility to consider various ethical aspects in order to ensure management of the organization with greater effectiveness. Ethics is regarded as the branch of knowledge that deals with the moral principles which has the responsibility to regulate the behavior of the personnel during the course of management of the practices of the firm (Preston, 2007). In situation of 11
ethical aspects it is important that promotion of suitable as well as authentic advertisement is being carried out. This is for the purpose of making customer attain sufficient amount of services. As the organization has various divisions for travel and tourism services therefore all thepackagesarerequiredtobedevelopedaspertherequirementsofthecustomers. Minimization can be made within the ethical issues when the business focuses over the social responsibilities. Along with this it can be reduced when the whole activities relating with the tourism are managed with greater effectiveness. Tourism relating activities are required to consider social and cultural aspects in order to promote the services in the customers to a significant level (Reisinger and Dimanche, 2010). Rigid norms as well as regulations are required to be abided in order to manage the activities that relates with tourismin an effective manner. Tourism has various provision that are related with activities relating to corruption. Therefore it is important for the cited firm to makes sure thatfirm and associated parties are keeping their roles and responsibilities in suitable way. The problems that areassociated with funding can also take place. Therefore the organization needs to make adoption of legal and authentic way while delivering the services to the customers. 4.2 Analysis of Corporate Social Responsibility (CSR) policy of particular travel and tourism business In this aspect that is relating with ethical behavior, corporate social responsibility possess very critical role. Therefore the organization that are conducting the operations with Travel and tourism sectors are required to develop strategies related with CSR. Such strategies would perform effectively on behalf of the organization in order to payback their shares to the community (Sharpley, 2006). Several activities are included in this which is comprised of prevention of environment, equal opportunity and sustainable development practice. Travel and tourism sector is required to conduct corporate social responsibility under which the needs of the local individual is required to be satisfied with greater effectiveness. The strategies relating with CSR are required to consider social, cultural as well as environmental aspects with the aim to conserve as well as protect the biodiversity and cultural heritage (Fennell and Malloy, 2007). It is significant for t he tourism business to conduct its corporate social responsibility as it is important part of tourism. Several aspects are needed to be taken into consideration under this. Such have been stated in the manner as below: 12
ď‚·Environment: The major motive of the organization is with aim to manage all the functions as per the environmental aspects (Scott and Becken, 2010). Therefore all the activities are required to be conductedin accordance. Each firm is required to devise several strategies in order to preserve the environment resources.ď‚·Internal business activities: It is essential for the business to manage all its employees in an effective manner for the purpose of assisting the business in increasing the level of service standards (Paget, Dimanche and Mounet, 2010). Along with this the personnel are required to conduct all the practices in ethical way in order to make effective contribution towards the economy. ď‚·Philanthropy:Travel and tourism business is required to offer funds to organization in order to make charity and social welfare (Reddy, York and Brannon, 2010). This is for the purpose of making promotion of the services of the organization to a significant level. Every year this type of activity is required to be conducted with greater effectiveness. CONCLUSION From the above study it can be articulated that legislation and ethics developed by the government needs to be followed by every industry. However, it is essential for travel and tourism sector to adopt different ethics and legislation so that they can implement diversity adn equality within the workforce and encourage them to attain desired targets. Further, business is also required to focus upon adopting health and safety legislation so that they can safeguard the employees from the any harm or danger faced within the workplace. It is essential for travel and tourism business to adopt sustainable development so that business can attain high growth and success in order to perform desired targets. Further, company is required to carry out effective CSR activities so that environment safety can be carried out in order to achieve success. It can also be stated that Air transport law includes different legislation wherein Warsaw Convention 1923 stated that international carriage needs to be maintained according to the documents of carriage. The whole study has assessed that the legal framework needs to be complied by the business so that effective operations can be carried out in an effective manner. 13
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