Legislation and Ethics in Travel and Tourism Sector Analysis Report

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This report provides a comprehensive analysis of legislation and ethics within the travel and tourism sector. It begins by explaining the legal and regulatory framework, including surface, sea, and air transport laws, emphasizing the importance of compliance for effective operations. The report then delves into legislation related to health and safety, such as the Occupier’s Liability Act 1984 and the Health and Safety at Work Act 1974, highlighting their impact on ensuring passenger and employee well-being. Furthermore, it explores legislations pertaining to equality, contract law, and consumer protection in the UK, ensuring fair practices and customer satisfaction. The report also addresses ethical dilemmas faced by the industry, and analyzes the role of corporate social responsibility in promoting sustainable and responsible tourism practices. Overall, the report underscores the significance of legal and ethical considerations in enhancing the performance and integrity of the travel and tourism sector.
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Legislation and Ethics in Travel and
Tourism Sector
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Table of Contents
INTRODUCTION................................................................................................................................3
TASK 1 UNDERSTANDING LEGAL AND REGULATORY FRAMEWORK IN TRAVEL AND
TOURISM SECTOR ...........................................................................................................................3
1.1 Explanation of legal and regulatory framework of travel and tourism sector...........................3
1.2 Discussion of sea, surface and transport law in relation to carriage of passengers ..................4
TASK 2 UNDERSTANDING LEGISLATION AND ETHICS LINKED WITH SAFETY AND
SECURITY .........................................................................................................................................5
2.1 Impact of principles of health and safety on travel and tourism sector.....................................5
2.2 Legislations that relates to equality...........................................................................................6
TASK 3 ................................................................................................................................................7
3.1 Explain contract legislation in relation with travel and tourism................................................7
3.2 Consumer protection legislation in relation to travel and tourism in United Kingdom is as
follows.............................................................................................................................................8
TASK 4.................................................................................................................................................9
4.1 Ethical dilemmas faced by travel and tourism ..........................................................................9
4.2 Analysis of corporate social responsibility policy of travel and tourism business..................11
CONCLUSION..................................................................................................................................12
REFERENCES...................................................................................................................................13
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INTRODUCTION
The purpose of introducing legislations and ethics is to improve the performance of the
travel and tourism sectors (Verhey, Baum and Hai, 2016). These regulations and guidelines helps in
formulating various ways which can provide proper services to all the tourist and other customers
who are accessing their services. Further, it is the responsibility of government to safeguard
customer and this can only take place when effective policies and laws are implemented. It is very
important to introduce laws because if they are not enacted then this can create disturbances in the
way in which travel and tourism sector works. On other hand these laws are also formulated so that
travel and tourism companies are able to satisfy the needs and demands of all the customers so that
adverse impacts can be prevented (Guttentag, 2015). The overall study will focus on lawful and
regulatory framework that is designed by government to perform various activities effectively. This
will mainly include surface and sea transport laws, legislations linked with equality and other
legislations in travel and tourism sector.
TASK 1 UNDERSTANDING LEGAL AND REGULATORY FRAMEWORK IN
TRAVEL AND TOURISM SECTOR
1.1 Explanation of legal and regulatory framework of travel and tourism sector
It is very necessary for travel and tourism sectors to comply with the legal rules and
regulations which are enacted by the government so that they can perform different activities
effectively (Greenwood and Dwyer, 2014). For making a collaboration with various private
enterprises, different operations have been conducted in the favour of travel and tourism sector. The
main purpose of the strategic rail authority UK is to render effective path for the railway industry.
Effective services to all the customers is provided so that they can get public subsidies in return.
Further, transport act in travel sector was also introduced to ensure that right services are delivered
to public and correct amount has been paid to them. If, right services are not provided instead of
charging proper amount then customers can claim regarding the travel and tourism sector about
inefficient services. Health and safety commission is also considered because it helps in supporting
individuals who are directly linked to operations performed in health and safety organization
(Greenwood and Dwyer, 2015).
Larger efforts have been applied by the government of UK to improve the facilities and
services in travel and tourism sector so that customer satisfaction level increases to maximum level
(Lashley, 2016). Apart from implementing various legislations and rules there are many other
factors which needs a focus so that services and facilities are provided properly. International Air
transport system is also associated with trade and marketing in travel and tourism sector. According
to reports on, it is revealed that 85% of the total transport in UK takes place through airlines which
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have been linked with UK travel and tourism sector. There are more than 300 airlines which are
operated through UK travel sectors across the world. Civil legislations framed by the parliament of
UK has bee beneficial because it has provided safety and support to all the customers in UK and
across the world (Lunt, Mannion and Exworthy, 2013). Criminal laws and legislations have also
been implemented so that any criminal acts which can harm the safety of people can be prevented.
By imposing various restrictions and strict laws there has been decrease in criminal activities in UK.
This has increased safety and security in UK. It is also important to improve the working
conditions in travel and tourism sector hence, conciliation and arbitration bodies have been adopted
by UK so that they are able to pay more focus on working conditions (Robinson, Dale and Evans,
2014). This can be more effectively achieved by establishing relationships with other industrial
sectors. Further, it is also important to consider ethical laws and regulations so that people are
safeguarded from unethical practices taking place in different sectors of UK. To solve these issues
there are many structures adopted such as magistrate court which hearing of all criminal and
unethical acts takes place. The decisions are in favour of local public and individuals who are
affected by the unethical practice. Therefore, to provide security and safety to all the customers it is
very necessary for the travel and tourism sectors in UK to abide by all the rules and regulation (Tse,
T.S. and Tse, 2015). This will also decrease unethical practices that takes due to improper
legislations and rules.
1.2 Discussion of sea, surface and transport law in relation to carriage of passengers
In order to provide safety and security to all the passengers, the government of UK has
formulated various laws and legislations in accordance with the sea, surface and transport of
carriage from one place to another through sea transport (Ferrell and Fraedrich, 2014). The primary
focus of these rules is to furnish them safety because all the passengers who avail the services of
transports have some sort of expectations from travel and tourism company. Hence, it is the
responsibility to meet their expectations in order to enhance growth and development in the sector.
Various laws and legislations have been discussed below.
Sea transport: All the countries which transport goods and passengers between international
waters are supposed to seek permission to undertake international carriage from one country to the
another (Beggs and Dean, 2007). Sea territorial Act 1987(UK) was enacted in the year 1987 which
defines and provides extent to territorial sea which is adjacent to British islands. It also stated that it
is the responsibility of travel and tourism sector to impose liability if any damage is done to carriage
or passengers during the journey. The travel and tourism company should have valid license and
permission while they are transporting goods and carriage from one place to another through
internal or international waters (Cuevas, 2011).
Surface transport: Surface transport is mainly considered as the road transport which is used to
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transport goods and passengers through road. All the operations and activities that are conducted by
surface transport are governed by association of British travel agents and these are also regarded as
regulatory bodies of surface transport (Hedayat, Shooshtarizadeh and Raza, 2006). Further, it
becomes the major responsibility of travel and tourism sector to render effective services to all the
passengers so that they can easily travel from on place to another. Prices and charges for surface
transport should also be fixed in such a way so that people are able to manage the transport system
which is preferred by them. Based on the prices that should be provided services so that satisfaction
level is increased to maximum level.
Air transport: Authority of Civil Aviation in UK is responsible for managing all the air transport
that takes place on both domestic and international level (Nandan and Ciccotosto, 2014). It is very
necessary to maintain a proper coordination between air transport system so that air transport
systems are not delayed. It can be done by controlling the air turbulence and traffic which is one of
the main reason of causing problems and fluctuations in Air transport system. Airline engineer
should be aware of all the rules and regulations before undertaking any type of journey either
domestic or international. Legal documents and papers regarding the aircraft are required so that it
can be submitted to the aviation authorities prior to any air transport (Richardson, 2008). This helps
in reducing the problems and issues which are generally faced by aviation industries if they do not
comply with laws and regulations enacted by UK government in context to travel and tourism
sector.
TASK 2 UNDERSTANDING LEGISLATION AND ETHICS LINKED WITH
SAFETY AND SECURITY
2.1 Impact of principles of health and safety on travel and tourism sector
Health and safety is directly linked with the entire travel and tourism sector (Trevena, Irwig
and Barratt, 2006). Hence, it is very necessary to abide by rules and regulations related to health and
safety so that better and effective services can be provided to them. There are many laws and
regulations that have been implemented in accordance to health and safety in travel and tourism
sector. Some major rules and legislations have been discussed below.
Occupier’s Liability Act 1984: This law is directly associated with health and safety at work act
implemented in 1974. According to this law it is the main responsibility of travel and tourism sector
to provide healthcare safety to all the passengers who are travelling through different transport
system (Regmi, Naidoo and Regmi, 2009). The travel and transport system takes the responsibility
to look after all the commercial activities so that various hurdles and issues can be avoided in travel
and tourism sector. This law helps in providing support to staff members and the passengers who
are travelling from one place to another. This is beneficial because this reduces the harm or damage
that can occur to passengers or goods while transportation.
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Health and Safety at Work Act 1974: According to this act it is very necessary for the travel and
tourism to provide appropriate environment for all the workers and staff members so that they are
able to work effectively in the organisation (Jenkins and Mkono, 2015). It has been generally
noticed that if proper environment is not provided then chances of harm and misconduct gradually
increases. Hence, to overcome this issue is has become necessary for the travel and tourism sector
to implement various laws related to health and safety so that chances of harm are minimised. This
will help in serving the customers in a more effective way (Navickas and Malakauskaite, 2015).
Data Protection Act 1998: In any business it becomes the responsibility of official persons to
protect all the necessary information regarding clients and business transactions so that it is not
accessible to all the individuals (Horner and Swarbrooke, 2016). If, proper data protection strategies
are not adopted than it can certainly lead to breaching of data from one place to another which can
also be misused in many cases. Hence, it is very important to ensure that all the essential
information regarding clients and customers should be safeguarded so that only authorized personal
can have access to them (Everett and Slocum, 2013).
Vicarious liability: This legislation is directly linked to monitoring all the activities which are
performed by various employees in travel and tourism sector. This helps in ensuring that right
actions and activities are undertaken by all the employees (Dickinson and et.al., 2013). If, in any
case an employee is performing unethical activities then the employees can take secondary actions
by exempting him/her from the duty. This legislation helps in maintaining a decorum so that
unethical practices do not take place in travel and tourism sector.
Unfair contract terms 1977: In order to increase the business efficiency it is necessary for all the
employees to improve their performance. If, by any means an employee is conducting non-
satisfactory service then his employment can terminated. This helps all the employees to work with
greater efficiency and strength.
2.2 Legislations that relates to equality
Enactment of legislation related to equality is not only important in travel and tourism sector
but is necessary in all the business so that discrimination is eliminated (Kennell and Chaperon,
2013). Equality law and legislations in travel and tourism sector is necessary because it helps in
treating all the individual equally irrespective of caste, creed, gender, disability and religion. One of
the primary reasons to formulate these acts is that it helps in safeguarding the interest of all the
workers and citizens so unfair activities can be restricted. Hence, by considering all these factors the
equality law and rules have been designed. Some laws related to equality have been described
below.
Sex discrimination act 1975: Sex discrimination is very common in all the sectors. Hence, this act
supports the rights of females and males so that they are not discriminated on the grounds of gender.
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All the individuals irrespective of gender should be recruited and given equal opportunities of
employment in travel and tourism sector. This will decrease the discrimination based on gender in
any sector (Verhey, Baum and Hai, 2016).
Race discrimination Act: 1976: Generally it has been noticed that people are discriminated on the
basis of colour, race and nationality which leads to breaching of equality act (Guttentag, 2015).
Hence, to safeguard all the citizens from this type discrimination, the parliament of UK have
adopted a race discrimination act which was enacted in the year 1976. Travel and tourism sector is
not liable to treat any individual unequally on the basis of colour, race and nationality. All the
people have rights to be treated equally. To ensure that all the people are treated equally this act
has been implemented. This also helps in providing equal opportunities to all the individuals so that
they are able to work in travel and tourism sector (Greenwood and Dwyer, 2014).
Employment protection act, 1978: This act is basically a combination of Contracts of Employment
Act 1963 and the Redundancy Payments Act 1965. Based on this act it can be stated that all the
employees should be given equal opportunities to grow and succeed in travel and tourism sector on
their own basis (Greenwood and Dwyer, 2015). They should not be discriminated on the basis of
colour, creed, gender, and disability. Moreover, it is the right of an employee to get salary and
wages according to activities and job they perform in travel and tourism sector. If, an employee is
not given proper salary based on the work which is done then he/she has the right to complain to the
higher authorities.
Disability discrimination act, 2005: There are many individuals who face the issue of
discrimination based on disability (Lashley, 2016). But it should be ensured that they should be
given equal rights so that they are able to access all the services and facilities which is provided to
normal individuals. As the discrimination increased in recent times this act necessary to be
implemented so that it can help in protecting the rights of all the disabled people. They should be
given equal opportunities to take the advantages of travelling and other services like normal people
take. This will also help in providing a sense of security to all the disabled people around UK and
world.
TASK 3
3.1 Explain contract legislation in relation with travel and tourism
Travel and tourism industry is affected by statutory laws which gives impact on working and
policy formulation procedures of the industry (Lunt, Mannion and Exworthy, 2013). In addition to
this, legislation's has made the industry more accountable for various types of services it provides
to its users. Contract is defined as a “a voluntary, deliberate and legally binding agreement between
two or more parties. When two groups decide to work together it is a contract between two parties.
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In tourism industry contract is generally defined in package holidays and various services given by
the company or tour operator. It is responsibility of businesses ventures to ensure that rights of
consumers are not exploited (Robinson, Dale and Evans, 2014). Consumers are also responsible for
following all the terms and conditions given in the contract.
Performance and services of the travel business can be enhanced by complying with the law.
According to provisions of the law effective services should be provided to consumers (Tse, T.S.
and Tse, 2015). Major objective of contract laws is related to supply of commodities which are
mandatory in travel and tourism business. Contracts work to bound working business to follow their
responsibility and legislation. Contract application law 1990 of Unite Kingdom is based on contract
agreement between two different parties. It defines about definition and various terms which are
used to make contracts and is used by travel and tourism industry (Ferrell and Fraedrich, 2014). The
compensation which is decided while making a contract includes monetary and legal
compensation.
The compensation is required to be given in situation when any tourism business was not
able to fulfil its promises (Beggs and Dean, 2007). If this situation happens then it is obligation of
tour operator to pay compensation to its client. Rights of consumers should not be exploited. The
situations when loss of value happens is when any tour operator offers a different holiday services
at the time of signing the agreement but the quality of services which the consumer receives is not
as per the quality told by the tour operator in this case operator has the obligations to pay
compensation to its client as per the conditions given in the contract (Cuevas, 2011).
Safety and security issues are also mentioned in the contract and if any injury or medical
issue happens then it is responsibility of the business to pay sickness benefit to the consumer
(Hedayat, Shooshtarizadeh and Raza, 2006). It is duty of the tourism business to provide enjoyment
and services as they are describing in their packages and it is the major objectives to enter in
contract by both the parties. Whenever any customer signs a contract it creates a belief in mind of
the consumer that services will be same as per the packages offered by the company and value of
money will be provided by the company. It is responsibility of the service provider to fulfil
requirement of the client. Contracts are made to assure that rights of consumers are not exploited.
Effective contract agreement makes both the parties contented and it increases profit of the business
and its demand (Nandan and Ciccotosto, 2014). Signing an agreement helps to meet the challenges
that occurs during tourism business.
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3.2 Consumer protection legislation in relation to travel and tourism in United Kingdom is as
follows
Major objective to pass consumer legislation is to provide rights to consumers against
exploitation. It makes a obligation for tourism business to provide right services (Richardson,
2008). Consumer protection in travel and tourism industry includes rights of consumers and
obligations of the tourism business providers Various legislation have been passed in united
kingdom for this purpose. Some legislation are as follows:-
Trade description act 1968:- it is an act of the parliament of UK which provides protection
to consumers from any misleading information provided by service providers purpose to
enact this act was to make provisions for the tourism company to describe and publish all
the data in different advertisement as a scheme for promotions (Trevena, Irwig and Barratt,
2006). Sometimes tour operators provide fallacious information to its clients and aim of this
act is to make restrictions on such practices. False data and content should not be provided
by the tourism firm. Service provider cannot provide any spurious information to the
consumers. Criminal penalty are given in this act and they are imposed by Trading standard
officer. This law empowers judiciary to punish companies and individuals who provide false
claims about the product and services they are offering.
Consumer protection act 1987:- This act set out the rules and guidelines for the travel
business operator for pricing and services provided. It is designed to protect consumers and
give them the rights when they are purchasing a product or a service (Regmi, Naidoo and
Regmi, 2009). Manufacturers and service providers are legally duty-obliged to provide all
the information related to service and product. The act protects the public from any unfair
commercial practices Issues covered in this act includes fraud, consumer and business
activities and unfair engaged practices. Rights against exploitation of consumers is given in
this act. Any matter relating to land and buildings are not under the provision of this act.
Main parts of consumer protection act are; product liability, consumer safety and
misleading price (Jenkins and Mkono, 2015).
Package travel holiday and tour regulation act:- All tour operators in UK offering services
such as package travel and holidays have been subjected to legal regulations to ensure that
any indecent conduct should not be done by tour operator (Navickas and Malakauskaite,
2015). Any firm rendering holiday packages and various services should provide authentic
service as described in its package offer. Restriction on difference between services provided
and services offered is given in this act and if any issue rise regarding services a arbitrator
can be appointed to settle disputes. All the legislation ensures that customers should not be
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exploited by tourism business operators. Regulations are imposed on service providers to
give effective services to its consumers.
Many legislations has been created for providing protections to consumers and according to
them it is the most important duty of the business enterprise to provide quality service to people
purchasing their packages and solve their issues and problems efficiently (Horner and Swarbrooke,
2016). It helps business operator to enhance its performance and growth.
TASK 4
4.1 Ethical dilemmas faced by travel and tourism
Ethical dilemmas are defined as a situation in which a choice is to be made between two
alternatives. Ethical dilemmas assumes that the chooser will abide by legal and societal norms.
Ethics plays a very important role in travel and tourism organizations (Everett and Slocum, 2013).
Tour operators and business operators face different kind of dilemmas in this sector. Ethics is the
field which is used by the business when they execute their moral responsibility. Various business
practices provide guidance to perform ethics in the business. Major four areas where business
ethical dilemma arises are-
In the operational activity of the tourism business.
Handling the customers.
In social surroundings
At the place of business activity
Ethics defines rules and regulations for operational activities of the business. Ethics also
defines about social responsibility and obligation of the business organization towards society in
which they are operating their business. The areas of business ethics includes policy related to
business environment, consumer related issues, and corporate social responsibility (Dickinson and
et.al., 2013).
Business ethics has positive impact on the growth of the business. Corporate social responsibility
helps the business to develop its brand image and survive in competitive market. Using of ethical
practices in business increases its position among competitors and increases market place of the
company (Tourism to lose billions over new travel laws, 2014).
Advertisement ethics includes responsibility of management to provide accurate information
to its consumers. Hospitality services are purchased by the user by seeing advertisement in print
media or in electronic media. Information provided by the service provider should be authentic and
not mislead the consumer. All the necessary data, fact and figures should be given in the
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advertisement. Terms and condition of the business should also be provides to avoid any dispute.
Rights of the consumer must be protected and it can be achieved by following ethical practices in
the company (Kennell and Chaperon, 2013). Employees working in travel and tourism industry
should be provided with a good working environment. A healthy work environment motivates the
employees to work in a effective manner.
Ethical issues arises in business includes-any discrimination between the employees, and
false information provided to the customers. When a customer purchase any product or a service
he/she has expectations from the service and it is moral and legal responsibility of the tour operator
to satisfy its customer by providing required services. Travel and tourism is a service industry, the
tour operators must sign a written agreement before providing travel services to its user. Using of
fine and small letters in contract is a way to provide spurious data to consumers and it is used by
many travel firms to mislead their consumers (Verhey, Baum and Hai, 2016).
Polluting the environment and causing damage to natural resources' comes in the social
ethics. Business can be made ethical by indulging and using different types of ethics. Adoption of
ethical practices helps the business to grow at a faster rate and improve its image in the market.
Society is the place where any business operates its activity so it becomes moral duty of the
company to take care of resources of the society (Guttentag, 2015).
4.2 Analysis of corporate social responsibility policy of travel and tourism business.
Corporate social responsibility is defined as a company's obligation which makes it
accountable for society and makes it responsible that all its activities and operations should be done
with the aim of achieving sustainable development (Greenwood and Dwyer, 2014). Corporate social
responsibility which is known as CSR assist the business to contribute to the society in a
expeditious manner. In united kingdom more emphasis is given on providing contribution towards
society. Business enterprises nowadays take more initiative in order to provide support to people
and society. This kind of activities helps towards the sustainable development of the environment
and lead towards long term growth of the company our operators have understood the importance of
CSR activities and many tour operators are adopting and following these practices (Barrhead travel,
2015).
Hays Travels is a leading travel company of United kingdom which provides quality
holidays, good values and excellent customer services. Vision of the company is to be a leading
sustainable tourism operator in United kingdom (Hedayat, Shooshtarizadeh and Raza, 2006). Staff
of the company gets involved with local community partnership projects on a regular basis.
Environmental and social activities are part of corporate culture of Hays Travels. Profit of the
company has been reinvested into the business to support for the CSR activities of the company.
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CSR work is a way to reduce any risks that might negatively impact the business of the company
because of environmental changes. For achieving this objective and regulating this code of conduct
has been established in the company. These are general principles to be followed by each employee
of the company (Nandan and Ciccotosto, 2014).
Standard of quality of services provided by the company are continually developed by the
company. As it is a travel company it uses natural resources and to give back to the society they try
to maintain environmental and ecological balance. Protection of nature and conservation of
landscape are moral duty of the company. Staff members of the company goes on a voluntary basis
to create awareness among people about nature and its resources. They contribute for charitable
foundations and educational institutions (Trevena, Irwig and Barratt, 2006).
Major issues of climate change, pollution, land and water security. Company is focusing on
business to business marketing. Many philanthropy programs and initiatives have been taken by the
company to raise awareness among consumers. Hays Travels adopts the concept of sustainable
environment which defines the condition to meet the present requirement with protecting resources
for future use. Company maintains the well being of local people and takes involvement of them in
their CSR activities (Horner and Swarbrooke, 2016).
Major tour operators concern is for gaining profitability in the business. Global warming and
climate change issues are forcing all the travel and tourism firm to help in making a sustainable
environment (Everett and Slocum, 2013). The Biggest asset for travel companies is natural
resources and it becomes their moral obligation to protect and conserve the natural environment and
species living on earth. Tourist companies should engage their employees to CSR to increase their
social contribution. Corporate social responsibility helps the company to achieve its objective in an
efficient and effective manner with low operations cost and improves brand image of the company
(Kennell and Chaperon, 2013).
CONCLUSION
The entire assignment discussed various topics associated with Legislation and Ethics in
Travel and Tourism Sector. The assignment was divided into different components and all the
sections were addressed individually. Legal and regulatory framework associated with travel and
tourism sector was included which was followed by a detailed discussion of sea, surface and air
transport system. It also emphasized on legislation and ethics involved with health and safety in
travel and tourism sector. Consumer protection legislation was also included. Lastly, role of
business ethics in travel and tourism sector was also discussed in detail.
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