Impact of Legislation and Ethics on the Travel and Tourism Sector

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This report provides a comprehensive analysis of legislation and ethics within the travel and tourism sector, focusing on the UK context. It begins by outlining the legal and regulatory frameworks, including the English legal system and the roles of regulatory bodies like ABTA and IATA. The report then examines the impact of health, safety, and security legislation on businesses like the Elegant Hotel, alongside the importance of equality in recruitment. It delves into the Sale of Goods Act 1979 and consumer protection legislation, highlighting the elements of a valid contract and the obligations of travel service providers. The report also explores ethical dilemmas faced by businesses such as Star Tools Hotel and discusses corporate social responsibility within the industry. The report concludes by summarizing key findings and emphasizing the significance of ethical practices and legal compliance in the travel and tourism sector.
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LEGISLATION AND
ETHICS IN THE TRAVEL
AND TOURISM SECTOR
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
(A)Legal and regulatory framework of English legal system.....................................................1
(B) Role of tour and traveller regulatory body ...........................................................................2
TASK 2............................................................................................................................................3
(A) Impact of the health, safety and security legislation on Elegant hotel................................3
TASK 3............................................................................................................................................5
(A) General features of Sale of Goods Act 1979........................................................................5
(B) consumer protection legislation............................................................................................6
(A) Ethical dilemmas faced by the Star Tools hotel .................................................................7
(B) Corporate Social Responsibility of Elegant hotel................................................................8
conclusion .......................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Consure protectation is most concerned area or subject focused by government. There are many
laws and regulation are made to protact the customer interest, this study describes the English
law, regulatory bodies and courts. Study majorly focus on customer interest protection specially
in tour and travelling industry. Its define the advatagnes an organisation can avial by conduction
its busniess accordance with rules and rulasation. There are so many ethical dilames present in
tour industry which force tour industry to designe best CSR policies. Star tour is well known tour
service provider in UK, its has customised packge for its customer.
TASK 1
(A)Legal and regulatory framework of English legal system
United kingdom made up of four countries named northern Ireland, Scotland, England
and Wales. All there countries share some common law or some has their own laws. Major
sources of UK laws are common law, European union law, European Convention on Human
Rights. UK laws are Legislation law, common law, civil law, equity, public and private law etc.
“English laws” indicate laws which are practice in England and Wales(Vellas, 2016)
English law-
Legislation laws are made by UK parliament situated in London. Law made by
parliament are applicable to all four countries. . UK parliament delegates authority to make law
by different countries by their own, for instance The Scottish Parliament, Northern Ireland
Assembly and National Assembly for Wales can make separate law as per their jurisprudence
requirement and current situation. English Law mainly deals in criminal and civil law practices
in England and Wale's court. English laws are known as mother of common laws contains
judiciary statements and principle which are taken from past judicial decision and experience.
Criminal laws are made for giving punishment for crime to accused, but the legal proceedings
are conduct by crown against accused. Civil law's concerned with family, torts, contracts and
company cases(Cornelissen, 2017)
Courts
All the criminal and civil cases of England-Wales and northern Ireland are being resolved
by supreme court of the united kingdom. Supreme court comprises Courts of appeal, high court
and Crown court. Court of appeal divided into two parts criminal and civil. High court of justice
deals with all civil cases and crown court resolve criminal cases.(Mowforth and Munt, 2015.)
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There are so many stakeholders associate with tour and traveller business, like customer,
supplier, accommodation provider, traveller. All the stakeholder get legal protection by low. UK
tour industry makes its tour laws which include all stakeholders in EU for instance Health and
Safety at work (HSWA 1974), Civil Aviation Authority act 2006, international Air Transport
Association, Association of British Travel Agents (ABTA), Licensing (ATOL), Air Travel
Operators’ Licensing (ATOL) ,Strategic Rail Authority.
(B) Role of tour and traveller regulatory body
Association of British Travel Agents
ABTA is the largest tour trader's association which provide protection to tour and
traveller agents and companies in UK. It represents tour and traveller community in front of
government and provide the information about key issue to government so that regulation can me
made in their favour. It gives financial support to its member in case of business failure so that
promise to customer for high standard service on particular time can be kept. It provides
information to customer about crisis which can affect their holiday plan. Advertisements, fair,
trading practices, customer complaint resolution are code of conduct of ABTA for all the
stakeholders.
International Air Transport Association
IATA is trade association of airlines. It guides and make rules for its members to insure
safety, security and latest technical assistance to customer like electronic ticked, self service
baggage, coded boarding pass etc. IATA facilitate training and development programme for for
airlines and travel agencies, provide license and certificates through short-term courses like
cargo management. It also makes environmental law for all the stakeholder.
Surface law is governed by Road Act 1979, which provide protection to passengers for
damage of carriage, mental and physical damage. Railway Act 1972 make efforts to shield the
disabled person's interest in aboard.
Sea laws like International convention for safety of life at sea(SOLAS) insure essential
emergency facility for craft having at least 12 members. These facilities like fire equipments,
lifesaving equipments, firefighting training to crewmember etc. SOLAS convention developed
by United Nations. It also keeps its eyes on environmental factor that can affect a ship.
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Warsaw convention of 1929 provide legal support to claim compensation in case of any
physical injury and death. The Five Freedom Agreement of 1944 contain rules and regulation to
flying with in territory. The Denied Boarding Compensation Schemes (EU) 1997 focus on
strengthen the standard designed to ensure passenger protection. These air laws are made to
protact interest of passenger and their luggage while air travelling. Rules regarding
documentation of carriage, this document is issued by the airline, it contains all information
regarding carriage and goods.((Vellas, 2016)
TASK 2
(A) Impact of the health, safety and security legislation on Elegant hotel
The primary attention of the legislator is to create the development into-the tourism. Due
to this the unified area determine by the right and the obligation of the person towards Elegant
industry. Government has makes this rules for the health safety and for the security of the
employee , employer, and for the customer. Their also the duty of the employee and the
employer that even the little thing they saw as the dangerous to the health then they can inform
to the manager of the organisation so the risk should be minimize. It is the duty of the employer's
that the enviroment of the organisation should be safe for the employee.
The impact of the health safety and the security legislation which has to be aware they are shown
as below-
There are rules and regulations has been set in place with the Health and Safety at work
place Act 1974 to protect the workers. For the example workers are working in the Elegant
Hotel and suddenly the fire takes place in the organisation. Then there would be something
should be there from which the worker are be safe.
The changes should be done for the health and safety which are -
Due to the rules and guidance of the Health And Safety Executive is necessary to manage
the working place. The difference in the working environment in the Elegant company means
that the organisation now need to minimise the risks in the working environment. Many other
regulation has also brought into the mix of the response to changing the environment.
The impact of the changing the health and safety of the Elegant hotel-
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In the many sector the working condition should be remain injuries to the health for the
employee of the organisation. There should be the need of the making the improvement of the
organisation due rules. Due to the good environment of the organisation the benefit is that the
employee comes every day and work properly in the working place. There should be the saving
on the insurance and the legal claim. Improvements comes in the productivity due to the
employee .The competions also increase due to the greater quality in the market.
(B) equality in recruitment and selection process comprises equal opportunities, fair selection
process, equal pay, status. Mr. Fred must follow unbiased and fair recruitment process which
must be free from discrimination like gender, race, nationality, age and disability. The Equality
Act of 2010 also applicable on tourism industry, which insure equal treatment to employee in
recruitment, selection and growth opportunities. Discrimination can be refusal in selection on the
basis of gender and religion and race, it also includes offer lower garde service and service
having the worst working conditions for instance employee A is disabled person but he has nice
academic performance record, in such case Mr. Fred can not offer him a job which is lower than
his qualification, even he is authorised to get payment equal to other employee(Belias. and et.al.,
2019)
Tourism industry also have legal obligation to treat its employee equality. Equality can be
insure by following various ACT's designed by government for employee interest, for instance
The Disability Discrimination Act 2005,The Race Discrimination Act, The Sex Discrimination
Act, 1975,Employment Equality (Sexual Orientation) Regulations, 2003,Race Relations Act,
1976.
The Race Discrimination Act 1976 prevent discrimination on the basis of race, colour,
religion and age. The sex Discrimination Act 1975,ensure equal employment treatment in Hotel.
For instance many times an organisation try to avoid hire newly married women because of her
pregnancy possibility. Organisation has to pay all salary and benefit to pregnant women under
maternity ACT which increase unproductive cost for company. (Cornelissen, 2017)
The equality ACT 2010 not only prohibited such kind of activities, even it defines type of
Discrimination so that loopholes can not be use by employer in hiring new employees, type of
discrimination define under the ACT are direct, indirect, perceptive, Harassment and disability.
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TASK 3
(A) General features of Sale of Goods Act 1979
Contract is a written legal agreement between two or more parties concerning for sale
and purchase of good and service. Tour and traveller industry deals in service so, travel company
has contract with various stakeholders which provide supportive service and with customer. For
instance travelling company may have contract with Hotels, travellers, restaurants , event
management company etc. contract with customer for service comprised term and conditions
like payment conditions, cost of stay, arrival and departure date, cancellation changes,
emergency changes etc. some contracts are discussed below-
Sale of Goods Act 1979
Sale of goods act 1979 also called English Contract Law and UK commercial Law is
ACT made by UK parliament to describe fair pratice regarding purchase and sale of goods. A
tour and traveller organisation also has to follow this framework because this ACT is made to
protect the customer interest. Following are the mandatory elements which has to follow by
every tour and travelling service provider while making contract with any stakeholder either it is
customer or supporting service provider.(Chan, Hsu. and Baum, 2015)
Offer:
Offer can be written and oral statement which is provided to other party for their
acceptance. For instance Star tour have customised holiday packages, in this case offer is “
holiday package” which can be or can not be accept by customer. Offer can be tangible like
product and intangible like “ service”.
Acceptance:
offeree must ready to accept the offer provided by offerer. For intense star tour 's
customer must ready to purchase the tour package after doing negotiation and bargaining with
service provider.
Consideration:
There must be valid and fair amount as consideration of acquiring the service. For
instance star tour accept payment in currency and electronic currency, it can not demand
ornaments and electronic gadgets like mobile, watches, and for making the payment. (Viljoen.
and Roberts-Lombard, 2016)
Capacity:
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In Legal contract both parties must have capacity to entering in the contact. For instance
minor, Mental Incapable, criminal, insolvent person can not make contract. Star Tour put 18
year plus age condition to avail its tour packages.(Belias. and et.al., 2019))
Certainty:
Term and condition must be same and common for both the parties. There must not be
miscommunication, misleading and hidden rules and regulation in contract. There must full
transparency and understanding between both the parties. For instance star hotel can not give 3
star hotel facility when customer pay for 5 star accommodation.
(B) consumer protection legislation
Consumer protection legislation are made by government to proatct customer interest.
The Trade Description Act of 1968 forbid unethical practice regarding advertisement, misleading
and ambiguous information of price, services, accommodation and other facility consumer
Procetation Act 1987 provide list of customer's right, duties and responsibilities. This Act force
star hotel to mention all the required information like facility included in packege,, facility by
changed, cancellation changes, compensation changes in case of weather changes etc. Act also
contain punishment and fine provision regrading fraud, cheat, unfair business practice etc. apart
from this act there is one major ACT also work fro the same objective named Unfair Trading
Regulations 2008 (CPR). It protacts the customer from being violated from tour and travel
service provider. Some ethical practices laid for Star are: disclose changes of minicar, rooms,
swimming pools and gym. It also get to know customer about surcharge applied to make
payment via credit and debit cards. ((Chan, Hsu. and Baum, 2015))
The package Travel Regulation 1992 ensure that customer gets corrected service. For
instance customer A demanded for luxury cruise service but Star tour provided him economy
cruise room. In such case A is liable to get compensation or luxury room facility as soon as
possible under the package Travel Regulation 1992. Customer get insurance cover under the
tour package so that his family can get financial support in case of his injury and death while
travelling.
These all Act are applicable and binded to all the service provider attached to tour and
travelling business like airline, road transportation service provider, hotels, restaurants, ships,
event management company, sports clubs, spa service etc.
TASK 4
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(A) Ethical dilemmas faced by the Star Tools hotel
The travel and the tourism sector it is one of the most difficult sector to study. There are
many sectors just like management, hospitality, tourism and many more sector are there which
are dependent on each other. There is a major one sub sector is hospitality which is linked to the
both the factor to building and to the catering to attract the customer at the best prices.
The social and the cultural factors are based on society, communities, institution of the
host communities which are tangible and the non tangible depending on the nature. The country
for tourism should be divided regarding to the age and the economy. In some countries the
tourist can be visit easily like Nepal, Bangladesh and so on but in some countries like UK, USA
the should be the hard paper work should be done((Belias. and et.al., 2019))
The mainly factor that affect the Star Tools industry which affect the directly areas of the
dilemmas' corruption, sexual harassment, gender.
Corruption it is forbidden by the law and these activities its know as the criminal activity
because due to the any one can remove the personal data.
In many countries the government has promotes the equal right to the women to do work
but the recently research on the European union states the women finds the discrimination in the
working place even after the law has been issued of the equality to do work.is a very complex. It
is known as there are many factors still unregulated and developing. In company various types of
sectors here. Like management, hospitality, employment and logistics are dependent on many
factors independent of another are inseparable. The major sector of programming is hospitality
that related to the relationship between catering and building to the required to the present and
prospective consumers at the good price. The cross culture dilemmas are very differentiate
studies so that is mark to highlighted. Social and culture factors are based on community, host
societies. They have depending on the locations are tangible and intangible. And the guests are
divided on the economy and age. USA and UK are very strict tourism rules and regulations to
bounded. And includes loads of documentation and paper work needs to be submitting in the
before visit. These are long process for the provides of hence and visas, that is very costly and
good extent. The children have been forced to earn before the age of their maturity. As per
example the below maturity age of the children work as the helper, cleaner, sales representatives
in the developing countries. (Scolding. and et.al)
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(B) Corporate Social Responsibility of Elegant hotel
The word corporate social responsibility it can be know as the broad concept of that can
be depend of the many of the company and the industries. While organising the social programs
the organisation can promotes here brands and gets benefits .CSR is the process of the Elegant
hotel with the aim of the responsibility for the action of the organisation and make the positive
and good image of the organisation in front of customers. The CSR activity has adopted by the
organisation to return their share in the community back. It is responsible for the social activity
just like equal opportunities, environment protection , practising sustainable development. For
the Elegant hotel it is conduct to tie up with the social responsibilities with the local
responsibility. The CSRshould be responsible for the environmental , cultural and the social
thing to avoid the waste and harm full things and to conserve the bio diversity from which the
environment should be out from the dangers. The Elegant hotels be have the responsibility to do
social activity time to time and miss it out because if the organisation forget then it is dangerous
for the environment.(Cornelissen, 2017)
There are some major head activity which comes under the head of the CSR-
Environment-
The environment it is the major part of the tourism activity because when the tourist
comes to the city the natural views should attract the clients to the destiny of the nature so that
the point it should be that Elegant hotel should be keeps nature in the mind and do the natural
activity on time.
Philanthropy-
The one preference of this is charity. It helps to the organisation to fulfil the CSR to the
business and it helps to the organisation to promote their brand and it includes the publicity of
the business.
The Elegant hotel CSR it should be To protect the wild life, It may help in promoting in the
social and cultural activity towards the environment.(Belias. and et.al., 2019)
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conclusion
From the above study it has been concluded that an service provider organisation must
put more focus in following the rules and regulation and ethics in their business because this
industry is work only in service, they do not provide product to their customer. Complainants,
bad reviews, negative controversy can hurt this industry very much. an organisation not only
follow its obligation to customer only, but it is a high time is also has to contribute to earth's
health because this industry is highly depended on nature.
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REFERENCES
Books and journals.
Belias, D. and et.al., 2019. Ethical Tourism: The Theory Vs. The Hedonistic Reality in Popular
Greek Tourism Resorts. In Yellow Tourism (pp. 71-81). Springer, Cham.
Bridge, M.G., 2017. The international sale of goods. Oxford University Press.
Chan, A., Hsu, C.H. and Baum, T., 2015. The impact of tour service performance on tourist
satisfaction and behavioral intentions: A study of Chinese tourists in Hong Kong. Journal
of Travel & Tourism Marketing,. 32(1-2). pp.18-33.
Cornelissen, S., 2017. The global tourism system: Governance, development and lessons from
South Africa. Routledge.
Mowforth, M. and Munt, I., 2015. Tourism and sustainability: Development, globalisation and
new tourism in the third world. Routledge.
Power, S., Di Domenico, M. and Miller, G., 2017. The nature of ethical entrepreneurship in
tourism. Annals of Tourism Research. 65. pp.36-48.
Provenzano, D. and Baggio, R., 2017. The contribution of human migration to tourism: The VFR
travel between the EU 28 member states. International Journal of Tourism Research.
19(4). pp.412-420.
Scolding, N. and et.al., 2015. Association of British Neurologists: revised (2015) guidelines for
prescribing disease-modifying treatments in multiple sclerosis. Practical neurology.15(4).
pp.273-279.
Vellas, F., 2016. The international marketing of travel and tourism: A strategic approach.
Macmillan International Higher Education.
Viljoen, K. and Roberts-Lombard, M., 2016. Customer retention strategies for disintermediated
travel agents: How to stop customers from migrating to online booking channels. Journal
of Applied Business Research.32(3). p.681.
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