Analysis of Legislation and Ethics in Travel and Tourism Contracts

This report delves into the critical aspects of legislation and ethics within the travel and tourism industry, focusing on contract law and consumer protection. It defines consumer protection in the context of tourism, emphasizing the importance of accurate advertising and the legal ramifications of misleading information. The report examines contract law, particularly in the context of package holidays, detailing the legal obligations of tour operators and the significance of the Package Holiday Regulation Act of 1992. It highlights the elements of a valid contract and addresses unfair contract conditions. Furthermore, the report discusses key legislation designed to protect consumers, including the Trades Description Act of 1968, the Consumer Protection Act of 1987, and the Package Holidays and Package Tours Regulations Act of 1992, underscoring their impact on companies like TUI and their responsibilities to customers. The analysis emphasizes the importance of valid information and adherence to regulations to ensure fair practices and protect consumer rights within the travel and tourism industry.

Legislation and Ethics in Travel and Tourism
Contract legislation in relation to
travel and tourism
Contract Law: A contract is defined as a set of agreements of two parties that are
legally binds both parties if the agreement is violated the injured party has right to get
legal remedies. In tourism sector, this agreement can be created between two parties in
which first party is the tour operator and second one is the traveller who wants offerings
that are added by the tour operator in the package (Lovelock, 2008). The breach of this
kind of contract from any party will be called as an offence and the party who will breach
this contract would liable for paying fine according to contract.
Contracts Related to Package Holidays: This kind of contracts are related with
the tour packages which are formed by the tour operator for fulfilling the demand of
customers. When the customers are ready for booking a tour package then the both
parties make an agreement. After making the agreement it is an obligation upon tour
operator to gave all facilities which are mentioned in the agreement. For this a law has
been formulated by the UK government which name is Package Holiday Regulation Act,
1992. according to this law the tour operator has to provide all the services to the tourist
which are mentioned in the agreement if the services are not provided then the operator
will be responsible for it.
Valid Contracts: The validity of contract can be divided in two types such as
verbal or written but the services are same in both kind of contract. For making validation
of the contract, the contract must include all necessary promises which are promised by
the tour operators with the tourist and all the promises are agreeable from both parties
(Robinson, 2012). In order to formulating a valid contract offer, acceptance of both
parties, consideration of all services, validity of the contract are the essential elements.
Unfair Contracts: These kind of contracts are based on several conditions such
as death of a party, serious injury etc. This type of conditions provides right to the party
whose rights are discriminated for limiting the liability of contract in such conditions
Consumer protection legislation
Consumer Protection: In the context of tourism sector consumer protection is
defined as protecting the customer from the dishonourable and false advertisements.
These false advertisements can be related with the tour and travel packages, prices of
package. This law is more important because through this the breacher of the contract
will be liable for paying the fine to the victim. Management of TUI have to take surety
about their services so that the facilities can be provided to the tourists in proper manner
and as per the contracts which are signed by both parties. It is very essential for the firm
to provide valid information to the customers and employees so that both parties can be
understand same meaning in an effective manner (Sheehan and et. al., 2018). The most
appropriate example of this can be the misleading advertisements of TUI which can not be
fulfilled in any condition. There are some acts which are formulated for consumer
protection are defined as under:
Trades Description Act, 1968 – this act was came into affect in 1968. As per this
act, the spread of misleading information to customers are called as an offence and the
company who is spreading misleading advertisements is liable for paying penalties and
punishment. Therefore, management of TUI have to ensure about the informations so that
the valid informations can be provided to the travellers.
Consumer Protection Act, 1987: This act was formed in 1987. according to this
act, there are some rights which are given to the customers so that if there is an
exploitation of these rights, consumer can file a case against it in the court. This act save
the rights of customers so that manufacturer and companies can not exploit their rights
and the customers can get informations from this act about their rights. Management of
TUI has to consider this acts so that they can provide services to the customers without
exploiting their rights.
Package Holidays and Package Tours Regulations Act, 1992; This act was
formulated by the UK government in the year of 1992, according to this Act, there are
some rules which have to followed by the all tourism companies such as TUI of UK. This
rules are also mentioned in the contract so that the customers get also aware from the
rules and regulations of the company.