University Report: Legislation and Ethics in Travel and Tourism Sector

This report delves into the intricate relationship between legislation and ethics within the travel and tourism sector, using Thomas Cook as a case study. It begins by outlining the legal and regulatory frameworks, including the roles of key organizations like the CAA, IATA, and ABTA, and the laws governing surface, sea, and air transport. The report then assesses the impact of health, safety, and security legislation, such as the Health and Safety Act 1974 and the Occupiers Liability Act 1984, on both employees and employers. Furthermore, it examines equality legislation in the UK, including the Equality Act 2010, and its implications for fair treatment and non-discrimination. The report also analyzes contract and consumer protection legislation, and concludes by exploring ethical dilemmas and the role of Corporate Social Responsibility (CSR) policies in the travel and tourism business. The report emphasizes the importance of adhering to these regulations and ethical standards for the sustainable development of the tourism industry.

Legislation and Ethics in Travel and
Tourism Sector

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legal and regulatory framework...........................................................................................1
1.2 Surface, sea and air transport law ........................................................................................2
TASK 2............................................................................................................................................3
2.1 Impacts of principles of health, safety and security legislation............................................3
2.2 Equality legislation in UK ....................................................................................................4
TASK 3 ...........................................................................................................................................5
3.1 Contract legislation to travel customer ................................................................................5
3.2 Consumer protection legislation to travel customers............................................................6
TASK 4............................................................................................................................................6
4.1 Ethical dilemmas faced by travel sector ...............................................................................6
4.2 CSR polices in tourism and travel business..........................................................................1
CONCLUSION................................................................................................................................2
REFERENCES................................................................................................................................4

INTRODUCTION
Legislation play important for development of tourism. Travel law refer to either general
authority and particular law of travel and hospitality industry. It mentions to aggregation of state,
federal and global laws that regulate different views and operations of tourism industry. The
objective of legal and regulatory framework for sustainable development and administration of
travel, covering and improvement of natural and cultural resources. These legislation helps in
protecting safety and security issues of travellers(Birchfield, 2015). It has developed from
security of environmental, well-being and safety, rights of workers, planning, consumers
security, company and contract law. This study is based on Thomas Cook which is the leading
travel and tourism organization in the UK. This report will explain legal and regulatory
framework of travel sector. It will discuss surface, sea and air transport law in terms of carriage
of passenger within legal framework of UK. It will evaluate impact of principles of health,
safety and security legislation on travel sector.
TASK 1
1

1.1 Legal and regulatory
framework
The legislation and tourism
industry are linked in more
modes. Travel sector includes
sellers, suppliers, customers,
contracts, hospitality etc. The
regulatory framework is the
method of regulation dominant
decision making whereas legal
framework advise method to
implement the statute
legislation. Specific law has
implemented by firm that
observing dependable growth
in travel sector.
Health and safety Executive
(HSE): It is government
agency responsible for
approval, laws and implement
of health and safety, welfare of
workplaces. The health and
safety executive responsible
for encouraging persons care
with matters applicable to
function of aim of health and
safety at workplaces. They
also responsible for creating
planning and promote research
and communication, training
and data in link with its work.
It was established by
Railways Strategic Rail Order
2006, it activities being captive
by department of transport.
SRA was set in 1999 following
election of labour authority in
1997 to raise public interest
rules of parted railway
network leading the
privatisation of British Rail.
Civil Aviation Authority
(CAA) : It is legal firm that
abroad and modulate all views
of duty involves directing the
issuing of pilots licences,
experiment of instruments.
They also responsible for
giving training of Air Traffic
Engineers to control airport
and en-route telecom and
managing regulation of
protection standards involving
veterinarian of whole
personnel in aviation business.
They also giving the methods
of financial security and
offering course to
holidaymaker for solving any
kind of mistake and fault.
International Air Transport
Association (IATA) : It is
trade organization of airlines
in the world. IATA helps
airline function and assists
make industry policy and
regulation. It consists of 290
airlines establishing 117
nations. Their member airlines
account for carrying some
82% of total available seat
miles air traffic. The first
priority of IATA is the safety
and main device is the IATA
Operational Safety Audit that
has authorized at state level by
the many nations. IATA give
number of business ability
publication and services.
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Strategic Rail Authority
(SRA): It was no-departmental
public body in the UK arrange
under Transport Act 2000 to
give strategical way for
railway industry. The aim is
delivered railway properly in
Britain.
Association of British Travel
Agents (ABTA): It is travel
trade organization for tour
operator and travel agents in
the UK. There are many
functions of ABTA that are
increasing standards in sector
and by providing guidance on
issues form sustainability to
well-being and safety.
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1.2 Surface, sea and air
transport law
Carriage of passenger involves
any happening of travellers on
board some means of transport
such as air, sea, rail etc.
Surface Law: Surface law
regulates in international
Carriage of Passenger by Road
Act, 1979 in the nation. It
makes and secure travellers
that are widely on carrier's
approval. The redress to right
under current regulations that
involves physical disorder or
damage on travellers on the
transport. Authority has also
regulated Carriage by Railway
Act 1972 for loss of luggage.
The railway privatization
directs on contributive towards
growth and incorporating
carrier of products and
travellers. This law apply to
safeguard interest of disabled
persons widely.
Sea Law: The international
Maritime firm has regulated to
ensure and safeguard safety
and protection of shipping. It
regulates environment factors
The international Convention
for Safety of life at sea
(SOLAS) formulates operation
for measures the fire
protection, fire fighting ability
of crewmember and life saving
instrument to sea craft with at
least 12 travellers.
This law regulates harmful
suffered by travellers while on
ship. It also secular down the
stage of liability towards
affected travellers. Rule of
2002 creates it compulsory to
ensure travellers touring by
ships for particular time. It
also increases limits of
liability. The convention need
individual flag states to ensure
that ships flagged by them
follow with at least these
standards.
Air Law: The air carrier law
includes many regulations.
The Warsaw convention of
1929 determines international
Traveller's right to claim the
compensation for death and
personal injury are also
included in this legislation. It
needs carriages to execute
luggage check at starting of the
travelling. Montreal
Conferences of 1999
regenerate Warsaw method
existing single legal instrument
rather than patch work given
as earlier. The Denied
Boarding Compensation
Schemes (EU) that purposes at
increasing security standards
for air travellers and ensuring
harmonized function of the
transport. In addition to that,
Convention on International
Civil Aviation of 1944 known
for standard set of removed air
rights to negotiated among
states.
In this context, International
Civil Aviation Organization
(ICAO) gives normal rules and
indirect global care to an
extent relating air laws. It is
particular agency of United
Nations. Aviation law is
reasoned federal or state level
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includes while operative of
ships.
carriage and secular down
regulation relating documents
of carriage.
concern and is formulated at
that level. The UK play the Air
Navigation and Transport Act
in 1920 that made basis of
aviation regulation in British
Empire and Province.
TASK 2
2.1 Impacts of principles of health, safety and security legislation
The main purpose of legal and regulatory framework for health, safety and security of
travellers in the travel and tourism sector. Therefore, government has regulated legislations
regrading health and safety, security in the UK. If any hazards are studied, so that these
legislations decrease risk of accidents(Crane and Matten, 2016). The nation purpose to give safe
and accommodation and other services by fixed out responsibilities of tour operators and
destination owners under the tourism sector. Therefore, Thomas Cook must have followed health
and safety as well as security in the workplaces.
Health and Safety Act, 1974: In this act, fixed out rules and its directives creating it
mandatory for the employers to act their responsibilities towards worker and members of public.
It I act of Parliament of UK that as of 2011 determines important structure and authority for the
approval, regulation and social control of health, safety and security at workplace within UK.
The act determines normal responsibilities in employers, workers, suppliers of products and
services for utilise at work, people in control of work premises(Decorte and et.al., 2017). The
objective of this legislation that is securing health and safety, security of persons at work,
protecting individual other than people at work, controlling keeping and utilise volatile or highly
flammable differently harmful portion and normally keeping unlawful acquisition, possession
and utilise of these portion. The impact of health and safety on employees and employers in the
workplace in UK.
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Occupiers Liability Act, 1984: It is an Act of Parliament of UK that covert occupiers'
liability for civil wrong. As a result, the Occupiers Liability bill was informed to Parliament by
Lord Hailsham on 1983. The act extends that normal responsibility of care to trespassers and
visitors, giving that this responsibility is to be needed when occupiers has effective or formative
knowledge that harm exists(De Grosbois, 2016). The implication of this act for those occupiers
of sites who need to apply healthful measures intended to deter irrupt from improperly entrance
their premises.
Therefore, Thomas Cook follow all regulation regarding health and safety, security of
employees in the workplace. If company utilise 5 or more staff written code for issue of health
and safety under health and safety legislation. It has been determined that most of company
conduct and workshops and training sessions as needed by their particular business. There are
various code of practices in health and safety that lay down structure of much comply with law.
2.2 Equality legislation in UK
Equality refers that each one to treated equally. The legislation direct tourism providers to
treat each one making access to their product and services irrespective of their age, gender, race
or disability. It is the act of Parliament of UK that has similar objective as four major Equal
Treatment directives those provisions it reflects and implements(Friend and Kohn, 2018). The
major aim of this act is to codify the complex and number array of enactments and rules that
formed base of anti-discrimination rules in Great Britain. This was mainly Equal Pay Act 1970,
Sex Discrimination Act 1995 for protecting discrimination in work on evidences of religion
sexual placement and age.
This act needs equal treatment in access to employ and private as well as public services
regardless of protected typical of age, disability and gender and civil relationship etc. In order to
that, Sex discrimination Act 1975 secured interests of men and women from secernment on
objects of sex or marriage concern with employ, training, education and harassment. This act is
also concerned about provision of goods and services as well as disposal of premises. The Race
discrimination Act, 1976 was launched to prevent discrimination on object of race, colour,
nationality, ethnicity and national unlawful for operators to discriminate on the base of disability.
There are various forms of discrimination identification under aforesaid are such as direct,
indirect, perceptive, Harassment and disability(Grayson and Hodges, 2017).
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There are many impacts of legislations on health and safety, fair trading, equity,
diversity, data protection. Therefore, Thomas Cook make sure that follow all the regulations
about health and safety, equal treatment etc. that help in running business carefully. The purpose
of key legislations is to give safe and security, equal treatment to employees in the workplaces.
On the basis employment, to serve discriminated people that has been fixed up to claim remedies
like compensation, retention(Holder and et.al., 2016). If people faces discrimination during
common course of tour that make affects party to which they have above mentioned remediation.
In order to that, Equal Pay Act, 1970 is the act of Parliament of UK that prohibits any less
favourable treatment among men and women in terms of pay and conditions of employment.
Any employee must prove that work done by claimant is the same or broadly as compared to
other worker, activity done by claimant is equal value of other worker and work done by
applicant is rated from other staff under this act.
TASK 3
7

3.1 Contract legislation to
travel customer
Contract determines as legal
relationship among two or
more parties for product and
services in exchange of
consideration that is
implemented by law. Each
tourism firm has bidden
contract with customers setting
out the description of payment
and services. Every travel
contract has particular terms
and conditions connected to it
such as place of destination,
arrivals, effort, time period and
cost of stay. There are some
elements involves in contract
such as, offer, consideration,
capacity, certainty, acceptance.
In addition to that, there are
many contracts legislation that
utilise in travel and tourism
sector.
Contract of supply of Goods:
It is that consumers expect
reasonable state of goods and
services given with care and
skill.
When contract is created for
accommodation, hotel room
Contract for package
holidays: If made by
consumer stating their demand
and tour operators ensuring
that demand have been
meeting in the contract on
package holidays. Tour
operator is responsible to
ensure that provided services
when demand have been meet
and both parties have agreed
on package holiday. Package
holiday must consist of
aggregation of at least two
services before it can be
categorised under package
holiday regulation 1992.
Therefore, Thomas Cook must
have made this contract for
supply for good to customer
properly.
Travel Agency Act: The
purpose of travel agency act is
to control fairness in business
related travel transaction. It
ensures that safe travel and
improve passengers comfort. It
tries to accomplish these aims
by opening a registration
system for all travel offices to
ensure that proper activities
and encourage appropriate
works by organisation that
comprises theses agencies.
In holiday contract, such
conditions as follows such as
agreement between customer
and agent, detail of holiday
under brochure, personnel
preferences of customer,
consumer regulation, terms
common among two parties. It
includes name and place of
stay for duration of holiday,
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will be decent situation
enduring by cleanliness
regulation of health and safety
laws. Therefore, Thomas Cook
make contract for supplying of
goods with customers for
securing their health and
safety.
Contracts for provision of
services: Thomas Cook utilise
services statement for
requiring terms and condition
to carry on its work. It is to
ensure that business has legal
right to acquire payment for its
services. This agreement
covers provide services,
payment terms, services credit,
change control, limitation of
liability, data protection and
ending agreement.
destination, express and
implied terms, amount of
consideration and other factors
applicable to destination.
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3.2 Consumer protection
legislation to travel
customers
The purpose of consumer
protection legislation is to
secure rights and interest of
customers for being violated at
hands of business enterprises
and travel agents.
Trade Description Act, 1968:
This act prohibits false or
misleading indicator of prices
of products and services,
accommodation and other
services. It is the act of
Parliament of UK that keep
manufactures, retailer or
services industry providers
from deceptive customers.
This law authorize
administration to punish
organizations and single
person who create
The consumer protection
regulation is very essential that
means that if any of legislation
are opened. It will track to
penalties that can be fines and
prison sentence. It lays down
the rights of customers and
responsibility of giving party.
Such as fabrication has legal
responsibility to reference the
relevant data with regard to
product as commented by well
being and security laws of the
nation.
Uberrimae Fidei: It is Latin
expression that means utmost
good faith. This expression is
normally utilised during
insurance contracts. It is
utilized in insurance contracts
as it defines that all parties
within act in good faith. So
that, parties includes create
whole declaration of all
material facts in the insurance
proposal. Dealing in good faith
Package Tours Regulations
1992: This regulation secular
down rules that travel
operators and holiday
companies apply in booking of
terms and conditions. Under
Package Travel Regulations,
1992 for receiving benefits of
protection of consumers. The
package must have comprised
of two transport,
accommodation and other
tourist services.
Therefore, Thomas Cook must
have followed all regulations
for protection of consumer and
giving package of tour for
holiday effectively.
Organizer for air travel needs
Aviation travel organizer
licenses whereby consumers
are financially protected either
10