Legislation and Ethics in Travel and Tourism Industry

This article discusses the legal and regulatory framework in the travel and tourism industry, including the effects of health, safety, and security legislation. It also evaluates consumer protection legislation and business ethics in the industry.

Running head: LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Legislation and Ethics in Travel and Tourism Industry
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1LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Table of Contents
Introduction:...............................................................................................................................3
Assessment 1: Understanding the lawful and regulatory framework involved in the travel and
tourism sector:............................................................................................................................4
Task 1.1: Description of legal and regulatory framework relating to travel and hospitality
sector:.....................................................................................................................................4
Task 1.2: Conversation of Surface, Sea and air transport law in respect to the carriage of
passenger inside the legal and regulatory framework............................................................6
Assessment 2:.............................................................................................................................9
Task 2.1: Evaluating the effects of principles of health, safety and security legislation for
travel and tourism industry:...................................................................................................9
Task 2.2: Analysis of legislation based on the equality:......................................................13
Assessment 3: Understanding the consumer protection legislation in respect of travel and
tourism industry:......................................................................................................................16
Task 3.1: Explaining the contract legislation in respect of travel and tourism industry to
customers:............................................................................................................................16
Task 3.2: Explanation of consumer protection legislation in respect of travel and tourism
customers:............................................................................................................................20
Assessment 4: Understanding the role of business ethics in the travel and tourism industry:.22
Task 4.1: Recognition and analysis of ethical dilemmas:....................................................22
Task 4.2: Corporate Social Responsibility of Carnival Cruise Lines:.................................25
Conclusion:..............................................................................................................................27
References:...............................................................................................................................28

2LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Introduction:
The tours and travel industry is associated to each other at every stage. The tours and
travel industry is customer centric which is aims in offering the best customer experience to
the tourists that undertakes services for brief period. The travels may be both the domestic or
international (Boniface et al., 2016). There are many bodies that operates at the regulatory
and service level. The lawful and regulatory framework concerning travel and tourism covers
numerous aspects of the industry based on the involvement of different parties in the
industry. The industry falls under the preview of Tourism Act 1969, Package Tour
Regulations 1992 and Travel Act 1985.
There is an existence of surface law, air law and sea law in respect of the carriage of
passengers inside the lawful and regulatory framework. Furthermore, there is an impact on
the effects of principles on the health, security and safety legislation on the tourism and travel
industry (Becker, 2016). The industry falls within the purview of legislation that is associated
to equality and legislation of contract in respect to tours and travel customers. The customers
are further safeguarded under the summer protection legislation so that the interest of the
customer are safeguarded. The business of tours and travels simply cannot operate in search
of making profit. The legislation and ethics of tours and travel companies have certain
corporate social responsibilities with the purpose of contributing towards the improvement of
the general public.
The existing reading is based on understanding the numerous of tours and travel
industry along with the companies that are operating in the industry (Xiang et al., 2015). The
significance of corporate social responsibility is to drive the engagement of the company
towards the welfare of the society in order to make sure that the resources are used and
provided for exchange in service.

3LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Assessment 1: Understanding the lawful and regulatory framework involved in the
travel and tourism sector:
Task 1.1: Description of legal and regulatory framework relating to travel and
hospitality sector:
The travel and hospitality industry of UK is controlled by Association of British
Travel Agents. The regulatory body oversees certain problems and solves them which is
commonly prevailing in the industry (Vellas, 2016). Certain issues that are controlled by the
regulatory bodies relates to insurance and bookings. The association controls the process of
bookings, travelling procedure and code of travel. The rights are regulated under the British
Tourism Industry. The primary objective of the sector is monitory the safety of tourist and
perspective customers. The health and safety measures plays a vital role in offering protection
to the tourists. The welfare of the employees is also looked upon in the industry. With the
growth of the tours and hospitality industry, below listed are the following regulations that
regulates the sector are as follows;
The ABTA: The tours and hospitality sector under the Wales, Britain and Scotland is
regulated by the ABTA. The main objective relating to the creation of ABTA is to make sure
that the bookings relating to travel and permits is determined as per the legislations (Coles &
Timothy, 2014). The ABTA aims to regulate the numerous offers that is offered to the
tourists by different companies. The ABTA is accountable for the provisional bookings,
facilities relating to departure and insurance.
Tourism Act 1969: The act emphasis on the tourism companies and their management as
mentioned by the “British Tourist Authority” (Buhalis & Foerste, 2015).
Transport Act, 1980 & 1985: This Acts implement control and implements regulation on
the private bus transference businesses together with their roads.

4LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Package Travel & Tour Regulations, 1982: The regulations implements controls on
delivering the accountabilities of the tour operators for their customers. The purpose of this
regulation is to make sure that the standard process is legalize in the tourism industry that
defines the rights and obligations of the parties in the industry (Crotti & Misrahi, 2015). The
laws relating to tourism is impacted by the “Health and Safety Commission”,
“International Air Transport Association”, Strategic Rail Authority and “Civil Aviation
Authority”.
Strategic Rail Authority (SRA): It aims to manage the services and rules that are set under
the “Transport Act 2000”. It is intended to enable the transportation and strategies carried
out by the British railways.
Health and Safety Commission: The commission targets to provide safety to the civic and
the workforces that are employed in the tourism and hospitality industry. The “Act of 1974”
is applied on the situation where it enables the occupier to maintain the premises in a way so
that the security of the employees is maintained (Standing et al., 2014). The employers on the
other hand are anticipated to offer hospitable environment so that it can maintain the
cleanliness of the premises. Therefore, the regulations relating to health and safety should be
regulated accordingly.
Air Travel Organizer’s Licensing (ATOL): This organization aims in maintaining the
license and support that is offered to service providers in respect of offering of holiday
packages under the UK tourism Industry.
CAA: The main objective of Civil Aviation Authority is to strategize and apply the UK
aviation industry rules and regulations (Schegg & Stangl, 2017). The CAA is the regulative
of British Air travel Industry and not at the international level at IATA.

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Criminal Law: The criminal law is the legislative body for UK air travel industry emphasis
on maintaining the structure of the travel industry and society. It emphasis on shielding the
rights and obligations of the tour operators. If there is a breach in law and regulations, then
the unfair comportment might be penalised and charged under the criminal law.
Civil Law: The civil law under the UK Tourism Industry emphasis on obtaining the parity
under the society for both the tourists and non-tourists (Khan et al., 2017). The civil law
implements the regulations on the operators of numerous contracts that is entered in by the
parties under the tourism industry and decompensate if there is a breach of contract. The
parties that are impacted have the right of approaching the courts for restoring the rights that
is suffered following the breach of rules.
Courts:
a. The magistrate’s courts that deals with the civil and criminal case.
b. Country court that is associated with the case that is linked to land
c. House of lords that is dealing with both the civil and criminal cases
d. Crown courts that is associated with the illegal suits.
Task 1.2: Conversation of Surface, Sea and air transport law in respect to the carriage
of passenger inside the legal and regulatory framework.
The mode of transportation that is used at the time of carrying on the tourist from one
place to another place then the accountabilities of the carries is strict in respect of the safety
and injuries that is caused during the transport (Crotti & Misrahi, 2015). The mode of
transportation might change depending upon the mode of transportation. Relating to the land,
sea and air the mode of transportation is either different in nature. The different modes of
transportation is stated below;

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The Air and Road Act of 1979: This carrier is under the obligation of making sure that the
tourists that are on board at the time of journey are safe and secure from any kind of damage.
The carrier is under the obligation of maintain the safety of the tourists. The measures of
safety make sure that each and every passenger are treated in an equal manner and avoid any
kind of situation of damage or death or loss of language (Prebensen et al., 2018). The
convention of Athens during the year 1974 ascertained that the international carriage all
through the sea must be regulated for ships, cargos and vessels. At the time of travel through
sea, it should be assured that the passengers safety and luggage is safeguarded from any kind
of physical or mental damage which may result in loss while loading or unloading. The vessel
owner or the servicemen at ship would be accountable for the safety.
The Air and Road Act necessitates that the carrier on the roadways to recognize the
rights and claims relating to the passengers so that they can avoid any form of physical harm
originating from the boarding or de boarding. The domestic carriage order of 1987 safeguards
the domestic carriage travel and safety as well as the Athens convention Act 1974 that
regulates the international carriage (Webster & Ivanov, 2014). The rules relating to the safety
and security are regulated under the three forms of travel under the British Tourism Industry.
The losses or damage that is covered under the regulations constitute the accountability of the
carrier that carries the passengers.
The air, surface and sea transport that is lying inside the legal and regulatory
framework is governed by the surface law, sea law and air law. The law is stated below;
a. Surface Law: The law is regulated by the “The International Carriage of
Passengers by the Road Act, 1979”. The law helps in protecting the rights of
travellers on board. All the rights associated to the physical damages or psychological
ailments of passengers are considered under this law (Sreejesh & Abhilash, 2017).

7LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Loss of baggage relating to the travellers is also administered by “Carriage Railway
Act, 1972”. The above stated laws regulate the transportation of passengers and
goods. The interest relating to the disabled passengers is also safeguarded under this
law.
b. Sea Law: The shipping of shipping and security is regulated by this contract. The
environmental factors are additionally controlled by this rule. Sea craft with a
minimum of 12 numbers associated to the security of the fire and life protecting gears
is covered under the international convention for safety of Life Sea (Glover et al.,
2016). The liability of the ships or ferry relating to the damages suffered is also
administered by the Athens Conventions, 1974.
c. Air Law: The rules relating to international carriage and its documentation is defined
by “The Warsaw Convention of 1929”. The compensation relating to the death of
passengers and right of claiming against the personal injury is covered under this law
(Leung et al., 2015). The five freedom Agreement of 1944 takes into the account the
guidelines and principles that is associated to the landing across the region for traffic,
non-traffic, passengers landing and cargo by identifying its territory.
d. Warsaw Convention 1929: The international carriage is explained under this
convention. Under the Warsaw Convention 1929, the passengers are safeguarded
while traveling through air transport (Crotti & Misrahi, 2017). When a person suffers
any personal injury, damage or death then a claim relating to such damage can be
claimed for the losses suffered.
e. Denied Boarding compensation schemes 1997: The boarding compensation scheme
have the duty of protecting the passengers and simultaneously increasing the standard
of passengers that uses the air transport (Lowry et al., 2015). The board protects the

8LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
passengers in the event of any delay in flight or cancellation arising from any
unforeseen circumstances.
f. Carriage by Air and Road Act 1976: This act provides the passengers with
protection that are travelling through road. The carriage is liable for protecting the
passengers. In the event of any injury or loss experienced by the passengers, the
carriage would be accountable for paying the compensation to the passengers for the
injuries suffered.
Assessment 2:
Task 2.1: Evaluating the effects of principles of health, safety and security legislation for
travel and tourism industry:
As stated under the health and safety at “Work Act, 1974”, the employers in UK are
to offer its employees with the health and safety protection along with the other person that
are present on the premises (Adams et al., 2015). This implies that the employees, visitors
and the service providers that are applying the tourism procedure must be regularly
monitored by the employer. In addition to this, the employer is under the obligation of
assuring that the operational setting and security provision must be conserved on the premises
with the security protocols. Similarly, it is challenging for the air travel industry where the air
travel workforces and clienteles are faced with problematic state given the safety regulations
are not complied with. It is necessary for the consumers, staffs and the crewmembers to back
the safety legislatures as well as regulations at the corporation (Paris & Pietschnig, 2015).
The safety of the people at the time of travelling is prioritized mainly. The assistance is
provided for facilities which is difficult to understand the welfare of the travel industry or the
group.

9LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Sufficient training must be provided to the workforces in the travel industry to make
sure that the security of the tourists is maintained at the time of journey. The accountability is
to make sure that security is spread throughout the hierarchies, executives and team members.
This may contain the administration as well as the law-making bodies (Sigala, 2017). For that
reason, the health and security regulation that the rights and accountabilities of the
administration is to deal with the emergency that are unambiguous.
Working under the tourism industry, the employees has the right of being insured
relating to safety at work. There is numerous legislation that is outlined for the individuals,
safety, health and security. In the tours and travel industry the health of the individual is
safeguarded through the “Health and Safety at Work Act 1974”. The act regulates with the
health of the individuals and security at the workplace (Mulet-Forteza et al., 2018). Under
this act, the employer is usually accountable for the acts performed by the employees.
However, the employer is accountable if any kind of act that is performed by the member of
staff with the consent of employer. Both the employer and the employee have their respective
duty. There are certain steps that are taken at the business premises that are follows;
a. The workplace must be safe and sufficiently maintained.
b. Employees are trained for their health and safety.
c. There must be entry and exit at the workplace.
d. Measures relating to safeguard should be undertaken at workplace.
The act is controlled by the health and safety commission when the regulation is not
maintained by the health and safety commission (Council & Green, 2017). The act can either
issue the approval codes of practice and regulations. The act laid down numerous duties for
the employers and employees as well.
Employer Duties:

10LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
a. The duty of the employer is provide protection to the employees in their premises.
b. It is the duty of the employer to offer the first aid facility to the employee.
c. Appropriate lightning of the workplace.
d. The employers should provide appropriate training to the employee for their safety.
e. The employer also provides information associated to the safety of the employees at
the place of work.
Duty of employees:
a. The employee has the duty of using and safeguarding the measures that is used at the
workplace.
b. Employee should make use of safety equipment.
c. Making use of protective clothing at work where work involves higher risks.
Duty care and vicarious liability: -
Duty of Care: Under the duty of Care the manufacturer is accountable for the interest of the
consumer’s liability where the superior is accountable for the work of subordinate (Morgan et
al., 2017). The example of vicarious liability is that the employer is accountable for the act of
employees or the principle is accountable for the acts of agents.
Occupiers Liability Act 1957 and 1984:
Occupier Liability 1957: Under this act the owner has the responsibility against the person
that visit their premises (Prebensen et al., 2018). This implies that the occupier is under the
obligation for their visitors that are legal in nature.
Occupier Liability 1984: The occupier is responsible for safety of the visitors that are
visiting their premises.

11LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Data Protection Act 1988: The act applies on the rights of the individual for the protection
of personal data applicable from March 2001 onwards (Tan et al., 2017). The company is
under the obligation of protecting every individual personal information including the address
details and any other information that is essential for the company.
Apart from the above stated law, the Health, Safety and security legislation has
emphasised largely on the probable hazards in the tours and travel sector to make sure that
the risk of accident is reduced. The main purpose is to maintain the safety in every aspect of
working environment. Furthermore, the employers also have the responsibility together with
the employees to recognize in advance if there are any probabilities of hazard surrounding the
workplace and reporting the overall hazard as quick as possible.
The “Health and Safety at Work (HSWA 1974)” specified the regulations that are
directed towards employees while executing their duties (Martín et al., 2017). To make sure
that sufficient functioning has stated three options below:
Guidelines: The Health and Safety guidance tries to discover whether the individuals have
proper understanding regarding the available legislation. They also provide assistance to the
people in complying with the legislation as well as technical aid for the provision.
Approved Code of Practices (ACOP): The code is related to the construction of Approved
Code of Practice relating to the hazardous work practice together with the hazardous
materials (Crotti & Misrahi, 2017). The breach in code would ultimately make the employer
legally responsible. According to the ACOP, the employee’s duties includes the following;
a. Taking preventive actions to prevent hazards
b. Reporting quickly regarding the hazards that are both actual and probable.
c. Attending the training programs associated to the effective dealing with customers.

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Regulations: It is the obligation of the employer to make sure appropriate care of lightning,
first aid and other statutory requirements in the work environment that are prone to accident
(Gong & Tung, 2017). An organization that has the employee strength of five need to issue a
transcribed health and safety code along with the below stated following;
a. The new recruits must be informed regarding the regulations with the help of
appropriate induction.
b. Offering training to current workforces of the company to obtain the essential
understanding and skills for handling the equipment’s.
c. Issuing notices that relates to the drill mechanism and also showing the signs of
caution.
d. Practice drills that is related to fighting fire and evacuation at every interval.
e. Conducting advise session under the guidelines of regularity authority.
Task 2.2: Analysis of legislation based on the equality:
The employers are under the obligation of making sure that the employees are treated
in the equal manner during the course of employment. The legislation of equality under the
tourism industry aims in giving equal opportunity to the employees along with the travellers
to the best available services in the tourism sector (Dias, 2017). The employer must be
prohibited from discerning amid the employees and customers based on the areas of
disability, race, likes, dislikes, religion and other basis.
As per the “Gender Discrimination Act 1975”, it is necessary for the employers to
assure that there is no gender discrimination among the employees. Both the men and women
shall be provided with equal opportunity or not denying any opportunity for growth in respect
of any circumstances to the general strata of the company (Camilleri, 2018). Each and every
situation must be treated in consideration to the employee benefit in the organization. As a

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result of this, both men and women should be treated in the equal manner at the time of
dealing with the situation. Furthermore, there should not be any comparative evaluation based
on the gender of the employees.
As stated under the “Employment Protection (Consolidation) Act 1978”, the
employers are essentially required to assure that the employment conditions are explained in
a written contract and such conditions must be given to the employee within thirteen week of
employment (Tricárico et al., 2017). The document would be having the regular details of
employment particularly the date of joining, scale of pay, employment terms and grounds for
dismissal from employment. If the employment needs certain definite treatment for the
particular employee, then such kind of specific treatment should be ascertained in the
employment letter. The employer is required to include the responsibilities and duties in the
letter of employment. If it is noticed that the company is also providing pension scheme or
allowance for holiday, then such benefit must be included by notifying the changes if it is
caused inside the span of a month.
As per the “Disability Discrimination Act 1955”, the employer is necessarily required
to not discriminate any employee based on their disability. The disabled person must be
offered an opportunity to work similar to that of able person for carrying out the standard task
(Lundgren & McMakin, 2018). It is not allowed to use disability against the employment of
the employee that are disable. This involves the circumstances of training, transfer or
promotion.
As stated under the “Race Relation Act 1976”, the employers are prohibited from
discriminating on the basis of race of the employees which is inherited by them from their
birth. Racial biases should be allowed to take toll on the employment of the employee

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(Korstanje et al., 2017). The factors that are impacted by the racial biases are viewed as
criminal in nature and action might belong under the same law.
The main objective of equality legislation is to ensure that each person is provided
with the opportunity so that they can apply for the job and sustain it within the organization
(Smith & Amorim, 2018). Tour operators working in the tourism industry and the service
providers must take into the account every aspect of tourists whereas providing the services
to assure that they are treated in the equal manner and with comfort. The legislation is applied
to assure that the employees are hired in the ethical manner and processed inside the
company.
Equality forms the vital element in analysing the legislation that relates to equality.
Equality is better understood as treating all the person in the equal manner without causing
any discrimination. In the eyes of law, every individual must be treated equally (Wiengarten
et al., 2017). Discrimination on the other hand refers to treating equally on the basis of race,
sex, religion and class. In order to eliminate discrimination and treating everyone equally
there are certain legislation that must be related with the promotion of equality and thereby
eliminating the discrimination.
Racial Discrimination Act 1956: The primary objective laid down under this Act is to
eliminate the racial discrimination between the employees. The racial discrimination
comprises of discriminating the employees on the grounds of race, colours, ethnic group,
ancestries or culture. This kind of discernment is usually found in service (Woo et al., 2018).
Therefore, the “Racial Discrimination Act 1956” offers safeguard to an individual from the
cultural discrimination in the areas of education, occupation and housing.

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Human Rights Act 1998: This act was passed in UK during 1998. The act has been
established for taking into the account the rights of a person that are included in the European
convention of the human rights in the UK rights.
Disability Discrimination Act: The disability discrimination act offers security to the person
that are disabled (Burke et al., 2013). The disability discrimination is found to be made in the
areas of education, employment, housing and in other areas. In this area there are numerous
rights that are given to the individuals that are physically challenged.
Employment Protection Consolidation Act 1978: The Employment Protection
Consolidation Act 1978, deals with the protection of employees during the course of the
employment (Rothmore & Boucaut, 2015). The act is the successor of employment right act
1996. Under this act the employees are provided with the right of being protected at the
workplace.
Employment Protection Act 1998: This act provides that there is numerous provision which
relates to protection of employees and employers at workplace (Guzmán et al., 2014). This
act helps in providing protection to the employees engaged in the private and public sector.
This act also assures that maternity benefit is provided to the employer and employees as
well.
Assessment 3: Understanding the consumer protection legislation in respect of travel
and tourism industry:
Task 3.1: Explaining the contract legislation in respect of travel and tourism industry to
customers:
Contract: Contract can be defined as the agreement that is based between the two parties
where rights and obligations of both the parties originates and these rights or obligations are
enforced by the law court (Kelloway et al., 2017).

16LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
Importance of Contract: The importance of contract is given below;
a. Passengers and travel company should understand that they are legally bind to each
other.
b. Under the contract the travel company possess the right of claiming the payment and
the consumers have the right of claiming for compensation given the travel company
fails to meet its promise (Lay et al., 2016).
c. The travel company should be informed that they established a contract with the
customers.
d. The travel company must communicate with the terms and conditions of the contract
with the consumers.
Elements of the vital legal contract:
For the contract to be legally valid in the tours and hospitality sector the following must
be met;
a. Offer
b. Acceptance
c. There should be a consideration
d. There must be the intention of the parties to establish a legal relationship
e. The parties should accept the terms and conditions of contract
f. The parties to the contract should be competent.
1: Offer: A party may make an offer to other party given the party accepts the offer then the
both the parties enter into the contract. In order to make offer, there must be two parties to
exist. For instance, when a family goes to the holiday then they would be staying at hotel. In
this situation the family makes the contract with the tour agency that gives them with the
form to fill that (Kvorning et al., 2015). Then the family members should read all the rules

17LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
prior to filling up the form. As a result of this the tours and travel agency ultimately enters
into the contract.
2: Acceptance: If the party accepts the offer then it would result in acceptance. In travel and
hospitality business the touring party makes the decision following the discussion with the
travel agent regarding the tour package. Then the party finally makes the decision whether or
not they would purchase the tour packages which subsequently determines the acceptance of
contract.
3: Consideration: For a contract to be valid there must be consideration. In the travel and
tourism industry the tourist pays a vital consideration to the tour operator for a package
holiday contract.
4: Capacity: The parties should be in their capacity. It is problematic to move in to the
contract with the minor in the travel and hospitality industry however this form of agreement
is not often witnessed (Jenkins & Mkono, 2015).
5: Certainty: The contract must be certain to be a valid contract. If a guest desires to stay in
hotel, then the necessary details of stay must be furnished.
In the tours and travel sector there are usually three types of contract that exist:
6: Contract for supply of goods: As per this contract the supplier here should supply the
goods and offer services as per the terms of the contract to the consumer that enters into the
contract. In the tours and travel industry, a consumer is entitled to the accommodation of
hotel.
7: Holiday Contract: The holiday contract unlike any other contract includes the description
of hotel and place in the holiday brochure. It also includes other terms that are mentioned by
the traveller.

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As stated by Hall et al. (2015) the contracts should be necessarily detailed and
accurate. A valid contract should be created between the parties based on the contract offer
and acceptance of the same that is presented in the contract. The parties that are involved in
the contract have common intention to enter in the contract for the identical purposes. It is
understood that breach of contract must be met with the damages that should be claimed by
the parties to the contract and must exclude the third parties. The rights and duties of the
parties that are involved in the contract are already defined.
The elements that is needed to enter into the contract includes the consideration. It is
noteworthy to denote that each contract must have the exchange mechanism so that it can
determine its determinant that is provided to fulfil the detriment of other party (Zarzeczny et
al., 2014). Parties generally enters into the contract from the offers that are made by the
“offeror” to the “offeree”. The offeree later presents the acceptance of formation of contract.
The enforceability of the contract is later determined depending upon the intent of the
entering in the contract. Given the contract is formed for social purposes then it may not be
enforceable unless the social purpose of formation of contract is stated. Nevertheless, under
the commercial contracts, the social purpose is enforceable because it is assumed under the
law.
As per the “Consumer Law of 1990”, the tours and travel sector requires the parties
to assure that the necessary terms and conditions that are included into the contract are in
relation to the products and services offered (Ponting & O’Brien, 2015). If the contract
comprises of package holiday, then it should be discussed under terms of the contract
regarding the quality and quantity of services. The price of each product should be
ascertained and should be clearly determined and the duration of the provision that is made
must be explicit. These kinds of contracts usually comprise of package holidays that are
administered by the legislature of package tours regulations of 1992.

19LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
The contract is considered to be package holiday because it comprises of two or more
hospitality services. These packages are sold in clusters as they are cost friendly and easy to
access for the tourists. The service contracts under the hospitality industry are those that are
associated to the security of the tourists and their belongings (Talias, 2016). These includes
the food, lodging, alcohol, luggage and entertainment. On the event of suffering any loss or
damage suffered by the tourists, then in accordance with the terms of contract the party can
make a claim for the loss of value. The contracts stipulate that the loss promised by the tour
operators while selling the package can be recovered on making claims. The out of pocket
experience that is assured to the visitors on the trip or any loss of value originating from the
negative experience are encountered. In the event of failure, the insurance covers the personal
injuries as well as the safety of the luggage so that it can take the necessary precautionary
steps to safeguard the consumers.
Task 3.2: Explanation of consumer protection legislation in respect of travel and
tourism customers:
The consumer protection regulation needs the organization to protect and encourage
the tourism in this sector. The tour operators must provide the tourist with the competitive
price and facilitate the consumer anticipation (Dempsey, 2016). It is the obligation of the
suppliers to make sure that the development of the services and prohibit the unethical
business practices. The association amid the tourists, suppliers and tour operators are
considered as critical relationship that is required to be maintained by shielding the rights of
the tourists at every step. The legislation both at the national and international level should be
considered by every party to protect the wellbeing of the customers.
As per the “Warsaw convention of 1929”, the rights of the passengers are supported
to make the claims relating to injury or damage that is caused during the travel (Adams et al.,
2015). The security of the goods must be sheltered by the carrier for which they may be

20LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
prosecuted given the security of goods is breached. Under “Hague Protocol Act 1955”, it is
understood that the travellers that takes the air travel, then the airline carrier would be
accountable for providing the passengers with the controlled mode of transport and would be
responsible for any losses or damages that is suffered at the time of travel.
The Air Travel Organizer focuses on the regulations of competition that is prevailing
in the market and apply the code of practice of regulation in the tourism industry. The Air
Travel Organizer License offers guarantee to the customers and tourists that the operator is
certified under the legislation of the country (Chan et al., 2017). The tourists are also
provided financial protection to the scheme travellers. On noticing at any stage the scheme
travellers or the tourists are not happy with the services provided then they claim the
expenses under the legislation for the contracts that is entered by the parties.
The “Trade Description Act 1968” deals with the description of goods and services
that are traded. The act helps in providing protection to the customers that are faced with
unsuitable service by the accommodation provider (Sardak et al., 2016). The accommodation
or the hotel is accountable for providing the goods and services as per the stated descriptions.
In the event of any discrepancy in the services or the goods are not provided in accordance
with the description stated in the contract then the consumers have the right of filing suit
against the hotel under section 14 of the Act.
Another legislation under the travel and tourism customers includes the “Consumer
Protection Act 1987”. This Act provides protection to the interest of consumers. The
manufacturers are under the obligatory duty of their customers (Schwartz, 2017). When a
consumer purchases product then they have the right of knowing the product. Therefore, it is
the manufacturer obligation that the necessary info is provided related to the expiry date and

21LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
the product constituents. The Consumer Protection Act 1987 helps in protecting the consumer
against the following;
a. Mal Practice
b. Any goods that are not safe
c. Local council that have the power of grapping the goods which is unsafe for the
health of the travellers.
Package Travel Regulations: This regulation helps in protecting the consumers from the
travel regulations. The tour package operator is required to provide the info that relates to the
interest of tourists. The tour operator further furnishes information that are given in the
information sheet and information that is associated to the facility (Tai & Chuang, 2014). In
the event of non-fulfilment of facility by the tour operators then may be held liable for
breaching the contract terms of consumer protection arising from the unfair trading.
Regulations 2008: Under this act the consumers are provided from the protection arising
from the unfair trade practices. Unfair trade practices include the practices that are against the
law. This act provides regulations against the brochure, article, advertisement that is
associated to the tour packages.
Assessment 4: Understanding the role of business ethics in the travel and tourism
industry:
Task 4.1: Recognition and analysis of ethical dilemmas:
The difficult nature of the tours and travel industry is largely because of the fact that
there are large number of factors which is growing and requires regulations. The factors
include the hospitality, management etc. are noticed to be reliant on the number of factors
however they are still dependent to each other (McWilliams, 2015). Hospitality is largely
related to forming esteemed association and fulfilling the various needs and necessities of the

22LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
current and probable travellers or tourism clienteles. It requires providing goods and services
at the best probable value. There are situations were ethical dilemmas relating to cross culture
is noticed. The political turbulence and unstable government tends to create an impact on the
travel and tourism sector relating to a specific site. The undesirable and adverse state of
affairs certainly hinders the growth and development of the travel and tourism to a large
extent.
Social and cultural features tend to create an impact on the tours and travel industry
based on the societies and communities of the tourist destinations. The tourism customers are
mainly categorized based on their age and economy (Suliman et al., 2016). Countries that are
economically weak such as Vietnam and Bangladesh tends to provide convenient visa for
travel and tourism without needing much of the documentation. Conversely, the economies
that are strong such as USA, UK which is guided by stringent travel and tourism rules
comprises of heavy documentation together with the lengthy paper work for obtaining visa
permit.
Recent studies represent that the dilemmas create an impact on the travel and tourism
industry that largely revolve around bribery and corruption, discrimination of gender, sexual
harassment, resulting a harm to natural resources, sale of unhealthy food etc. Corruption
generally comprises of bribery, extortion etc. Majority of the countries have their respective
legislation that helps in facilitating the right of women in workplace to make sure that the
equal opportunity in employment is provided (Carroll, 2015). Nevertheless, in the recent
enactment of Equal Treatment of Men and Women Act” has given rise to certain situations of
violations that relates to creation of equal opportunity in employment.
As stated by Tran, (2018) it is noticed that there has been a considerable amount of
increase in the numbers of child labour that are used for employment purpose in most of

23LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
developing nations. These employment is primarily due to the helpers, cleaners, workers etc.
The rise in rate of employment, poverty and lack of social security has been the real reasons
that have contributed to the growth in child labour across the world.
The issues that is faced by the hospitality industry is increasing with the passage of
time and must be addressed positively. The objective of this industry is to provide the tourists
with ethical experience and free from the ethical dilemmas. The industry comprises of
constant interaction of consumers with the tour providers and operators (Schwartz, 2017).
This involves the usage of manmade and natural resources together with the steps of tourism
facilities. Thereby it is essential to undertake the environmental perspective by offering the
customers with the better experience in the tours and travel industry. The enjoyment factors
must comprise of offering facilities that are fabricated or natural. It is necessary for the tour
operators to make sure that the cultural differences are minimized during the tour. The tour
operators must provide the tourist with the right to information and knowledge to be
appropriately guided while undertaking travel.
As observed by Suliman et al. (2016) the tourists that are travelling overseas usually
faces the exploitation and discrimination regarding their colour skin, and heritage values. The
difference in language brings forward the barrier for better communication between the
citizens and tourists. The numerous factors that contributes to the reduction in social values
and natural resources enhances the dilemmas that the industry experiences. The unstable
economic condition of a nation usually creates an impact on the tourism of a nation for
lacking favourable cost of travel. In some cultures, it is presumed that barriers relating to
culture evade the possibility of positive experience in that nation or town.
The differences in the mannerism is adopted to deal with the confusion and dilemmas
differ from nation to another. The ministry of tourism relating to the tours and travel industry

24LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
of a concerned nation is necessarily required to take the process of redefining the procedure
and authorities in order to regulate the ethical dilemmas so that they can minimize them
(Sardak et al., 2016). The dilemmas relating to the ethical differences should be minimized to
make sure that the safety of the citizens along with the tourists must be maintained.
The hospitality industry should include the different approaches so that they can deal
with the dilemmas that originates from the business. A sustainable approach should be such
that positive actions are undertaken. The tour operators must adopt the eco-tourism approach.
The tourism industry must include the standards of world tourism organization so that it can
protect the tourists and develop the industry in an equally fair manner. The tour operators
must make sure that the tourist are content with the experience that are provided. It is the
liability of the tour operators to present the healthy and effective experience that are in
agreement with the global standards and must adopt the set of standards that is regulated by
the Tourism Industry.
Task 4.2: Corporate Social Responsibility of Carnival Cruise Lines:
Corporate Social Responsibility: Corporate social responsibility has turned out to be
popular phenomenon in the tourism industry. The corporate social responsibilities can be
defined as the approach of business towards society for contributing towards the development
of the social, environmental and economic benefit for the its stakeholders (Schwartz, 2017).
Here the corporate social responsibility for Carnival Cruise Lines is undertaken for detailed
analysis. Carnival Cruise Lines is responsible for meeting the responsibility of society.
Carnival Cruise Lines have certain accountabilities that are stated below;
a. Carnival Cruise Lines makes the use of eco-friendly resources.
b. Carnival Cruise Lines makes the contribution towards the education, cultural and
social programme.

25LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
c. Carnival Cruise Lines has set up the waste and pollution reduction procedure with the
help of which the environment of society remains clear and non-polluted.
The corporate social responsibility is referred as a form of responsibility where the
society obtains the benefit from the company through numerous ways. The main objective of
Carnival Cruise Lines corporate social responsibility is to take into the account the
government practices for business together the social benefits (McWilliams, 2015). When a
business includes the steps and activities that provides benefit to the society then the activates
are taken into account to recognize the factors that contributes to the ethical approaches of the
society.
The corporate social responsibilities of Carnival Cruise Lines are to emphasis on the
sustainable development of tourism industry by developing the competitive goals. Carnival
Cruise Lines emphasis on carbon efficiency. Carnival Cruise Lines holds the funds raising
events to control the CSR activities. From the environmental perspective Carnival Cruise
Lines makes an effort to protect and initiate the wellness of employees and volunteerism
programs that helps in benefitting the homeports.
Carnival Cruise Lines aims to be the leader in CSR activities by strengthening the
bonds with its guest, employees and communities. The community involvement of Carnival
Cruise Lines includes accommodating the religious beliefs and allowing the employees to
practice their chosen faith on board (Talias, 2016). Carnival Cruise Lines believes in
providing its employees with the opportunity of growing and advancing in their position with
greater responsibility and authority.
Concerning the business conduct carnival is committed towards attaining and
maintaining the highest standards of professional and ethical conduct. In the business of
Carnival, adherence to lawful, ethical working practice and good corporate governance and

26LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
transparency is critically vital for its employees and investors, contributing to the sustainable
business success (Ponting & O’Brien, 2015). Carnival is inseparably associated to the oceans
where it sails. The livelihood is dependent on the health of world’s ocean and without
preserving this ecosystem its business would not have existed. Carnival understands that
every human activity creates an impact on the environment. Therefore, Carnival develops the
environmental policies and management system that helps in providing higher level of
environmental protection and simultaneously striving its business responsibilities both
successfully and profitability.
Carnival has developed the environmental management system to not only maintain
the wide ranging compliance laws and regulations but also surpassing the standards with its
comprehensive efforts (Sardak et al., 2016). The regulatory framework on the other hand
ensures that full compliance with the legal and statutory obligations are met. This comprises
of wide range of international, national and local requirements in the form of statutes,
regulations, ordinance and MOU.
Carnival Cruise Lines has undertaken the waste management approach so that it can
regulate the disposed the waste and increase the efficiency through reduction in cost. The air,
noise and fuel qualities is controlled at regular interval to increase the impacts of quality and
quantity. Carnival has joined the Carnival Corporation & Plc to monitoring and discussing
the cruise industry effect on the climatic change. Carnival Cruise Lines has disclosed together
the footprint through Carbon Disclosure Project and has been regularly named to the Carbon
Disclosure Leadership Index.
Conclusion:
On a conclusive note the current study sums up that noteworthy issues associated to
health and safety together with the security in relation to the safeguard of services associated

27LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
to accommodation must be the main concern for tour operatives and travel providers. The t\
ours and travel legislation is found to be treated in an equal manner without creating any
discernment based on the masculinity, age, faith etc.
The decision making instrument is however effected by the moral dilemmas that are
appropriate for the specific situation. Moral principles that are learned in this reading were in
the nature of commercial, marketing and secretarial in nature. Hence, adequate ethical
dilemmas can be impacted by the decision making in the tour and hospital tourism industry to
a considerable amount. Unlike any other industry, the tours and travel industry requires
following the route of sustainable expansion for active development and success of trade.
CSR can be an operative means with the help of which the tourism organization can attain the
sustainable development for its complete welfare.

28LEGISLATION AND ETHICS IN TRAVEL AND TOURISM INDUSTRY
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