Legislation and Ethics in the Travel and Tourism Sector

Desklib provides solved assignments and past papers to help students excel in their studies.

1LEGISLATION AND ETHICS
Legislation and Ethics in Travel and Tourism Sector
Student’s ID:
University Name:
Author’s Note:

2LEGISLATION AND ETHICS
Table of Contents
Introduction......................................................................................................................................3
1.1. Legal and regulatory framework of tourism sector in England and Wales..........................3
1.2. Surface, sea and air transport law to carriage of passengers with legal framework of UK..4
Task 2 (LO2, AC2.1, 2.2, M1, M2, M3, D1, D2, D3).................................................................5
2.1. Impact of principles of Safety, and security legislation on tourism sector with UK tour
agency (Thomas Cook)................................................................................................................5
2.2. Legislation relating to equality with UK tour and travel agency..........................................6
Task 3 (LO3, AC3.1, 3.2, M1, M2, M3, D1, D2, D3).................................................................7
3.1. Contract legislation with tourism customers........................................................................7
3.2. Consumer protection legislation for tourism customers.......................................................9
TASK 4 (LO4, AC4.1, 4.2, M1, M2, M3, D1, D2, D3)............................................................10
4.1. Ethical dilemmas faced by tourism sector..........................................................................10
4.2 CSR policy of a specified travel business............................................................................10
Conclusion.....................................................................................................................................12
References......................................................................................................................................13

3LEGISLATION AND ETHICS
Introduction
An organisation dealing their business in a large scale must have a regulatory framework, which
guides the overall activities of it. The regulatory framework should be introduced to protect the
customer’s interest and helping the organisation by considering the legal aspects of it. This
constitutes the general framework for the tour and travel agencies and helps them to run their
business well. It includes several polices that help to facilitate tasks of the organisation properly
(Webarchive.nationalarchives.gov.uk, 2019). The smooth functioning of the tourism sectors and
managing the tourist activities are the first and foremost concern of this discipline. In this study,
the legislation of the tour and travel agencies is described along with the ethics, which describes
how these organisations should perform their tasks. In task 1, a regulatory and legal framework
is constituted as a travel law consultant, engaging in the organizing an event for retail travel
consultant. Task 2 is based on the activities performed by the manager operating the tour
business in travel centers in UK. Here, the health and security of the employees in this discipline
is made. Task 3 evaluates how a travel consultant can help in managing the contract legislation
in the tourism sector with the customers. Moreover, the task 4 is how a sustainability manager
can promote the ethical behavior within a company.
Task 1 (LO1, AC1.1, 1.2, M1, M2, M3, D1, D2, D3)
Leaflet on legal and regulatory framework for Travel and Tourism sector in UK
1.1. Legal and regulatory framework of tourism sector in England and Wales
The legislative factors and the activities of tourism industry are highly interconnected. However, in the
British sectors, there is lack of this legal framework system, but there is still a controlling system, which
is managing the conducted activities in this case. It involves different rules, which are governing the
activities associated with the travel and tourism sectors, along with their implementation. In England and
Wales, this regulating framework is managing different activities associated with the tour and travel
industries of those countries (Legislation.gov.uk, 2017). Besides, there is another evidence of this
framework in the several activities, such as decision-making, contract and agreement, making of laws and
so on. As opined by Kastarlak et al. (2011), the tourism sector is increasing day by day, which contributes
a large part in the economy. Therefore, it can be stated that the financial growth of UK is greatly
dependent on the travel and tourism sectors of that places. Thus, in order to maintain the overall activities

4LEGISLATION AND ETHICS
of that sector, there must be an existence of the regulating policy or a regulating framework, which will
guides the entire business and helps in managing as a whole. Although Enderwick et al. (2011)
commented that this regulating framework may differ across different countries, but the overall concept in
this case is same. On the other hand, this regulating framework is also focusing in several policies, which
are helpful in managing the international activities, which is regulating the international affairs related to
this sector.
As opined by Whitfield et al. (2012), the relation between laws and tourism is a complicated subject to
study. In case of England and Wales, the laws are including various acts, which are not only governing
their business but also maintain their corporate social responsibilities. It includes all the environmental
protection act, health and security act, safety act for the individual and so on. Besides, the interests of the
customers are also considered under these laws. Scott et al. (2012) mentioned that these laws are
constituted in such a way so that a common interest of both the customers and the agencies are obtained,
considering their corporate social responsibilities. It provides a guideline to the tourists, so that rights can
be reserved, while they are making tours through these travel and tourist agencies. Newsome et al. (2012)
commented on the different use of legal and regulatory frameworks, within the countries. According to
this, the legal structure constitutes the system, which is governing all activities including the decision-
making activity, whereas the regulatory structure suggests a model that the system follows is further
known as legislation.
1.2. Surface, sea and air transport law to carriage of passengers with legal framework of
UK
As opined by Bentley et al. (2012), different norms are introduced by the British government, in case of
governing the acts of the tour and travel agencies in this country. According to this law, the transportation
is also included under this activity, where the regulating acts are also implemented on these. This is not
only focusing on their activities but the safety and security of the customers are also included under these
laws. The sea, surface and air transport laws are thus constituted for ensuring security of the customers
and passengers, while they are transported, and it imposed liabilities of these systems in these activities
(Best Hospitality Degrees, 2017). All such organisations are fallen under this law to manage their works.
The major purpose and significance of these laws are described as below:
Air transport law: This transport laws are involved with several legislations, which are based on
protecting the customers and ensuring their safety. This act came in action in the year 1929, by the
Warsaw Convention, which is involved with the international carriage, and it mentioned the rules for the
documents associated with the carriage. According to this law, the passengers in UK can claim

5LEGISLATION AND ETHICS
compensation if there is any case of death, mishap or personal injury, while travelling through the airways
(Legislation.gov.uk, 2017). Besides, prior to journey, a checking should be made for the luggage and the
passengers, which can be considered as a step to ensure security of the carriage.
Sea transport law: This law is constituted by the United Nations, and formulated by the International
Maritime Organisation, to make certain the safety and security in shipping. Besides, it is focused on the
environmental factors, while making travel through the sea transport in the United Kingdom. It is
included with different safety and protection measures for ensuring the safety in the sea (GOV.UK,
2018). The most important protection considered under this act is the protection from fire, where it is
mentioned that fire-fighting skills of the crewmembers and lifesaving equipments should be present in the
carriage, so that the damages can be omitted while a ship or a ferry onboard.
Surface transport law: The International Carriage of Passengers by Road Act, 1979 is used for the
governing of this law. According to Simat et al. (2012), this law is made for ensuring the protection of the
passengers by road, while they are moving through any surface vehicles. This is a governing law of a
country, which protects the passengers while making travel by road. In addition, the law also provides a
provision to claim compensation, if there is any case of physical or mental damage or disorder while
moving through the carriage, within the UK. Besides, the loss of luggage is also considered as
compensable under this law. It can be stated that this law is made to ensure the protection of both the
passengers and their goods while making travel.
Task 2 (LO2, AC2.1, 2.2, M1, M2, M3, D1, D2, D3)
2.1. Impact of principles of Safety, and security legislation on tourism sector with UK tour
agency (Thomas Cook)
According to Lee et al. (2012), the first concern of the legislation in the travel industry is to
make improvement of the industry and helping in managing their tasks in an easier way. This is
done by introducing the different criteria in their practices, so that the rights and activities of that
discipline are preserved. The people involved in the tourism industry are considered as a part of
this legislation and their rights and obligations are introduced in this legislation. However, the
employers and employees both play the active and important role in this case, so that the safety,
security of them is accomplished. In case of Thomas Cook, which is a famous travel agency and

6LEGISLATION AND ETHICS
tour operator in the UK, the health and safety comes in the primitive concern, while working in
the organisation. In addition, this will also help in maintaining the working environment safe and
secure for the employees and assuring them not having any harass or harm while working there.
According to Swanson et al. (2013), the legislation followed within the organisation, states that it
must be considered as an obligation of the employer to ensure the employees working under his
organisation would not experience any harm or personal injury, while working in the working
environment. In addition, in case of the Thomas Cook, it is the liability of the tour and travel
agencies to provide a secured environment to their customers or the visitors, while they are
visiting with their help. The safe accommodation and other services must be presented by them
to their customers within the respected country, and they must be liable to provide this.
The Health and Safety at Work is the act, which is implemented within Thomas Cook, dealing
with the activities, and regulating the acts within an organisation. This makes a regulatory
framework for ensuring the safety of the employees within the organisation. According to Meyer
(2013), this act suggests that in the tourism industry is mandatory for the employer to ensure that
the employees working within the organisation should be safe. Besides, it states that the
employer should perform this duty within the organisation, unless it can be considered as a
violation of the act, and the penalty will be imposed on him (Sqa.org.uk, 2018). It is based on
three options, which determines the implementation of the law at different extent within the
organisation. These are as follows:
Guidance: This helps to make the people of the organisation aware regarding the law, which
ensures their security within the organisation. This is to guide the people and help them to find
out the legislation required for them.
Approval codes of practice: These codes are constituted to make structure for implementation of
the law within this organisation. This is helping in practicing the law within the workplace, so
that everyone can get the opportunity to have the benefit of the laws (Sqa.org.uk, 2018).
Regulation: It is based on employer, whose responsibility is to implement laws in organisation
and practice these accordingly. In case of Thomas Cook, the safeguards for the employees are
introduced within the organisation and this would be for the safety interest for employees
(Sqa.org.uk, 2018). The written health and safety legislation in the organisation thus should be
introduced within the organisation.

7LEGISLATION AND ETHICS
2.2. Legislation relating to equality with UK tour and travel agency
As opined by Masoud et al. (2013), the equality refers to the state, where every person is treated
equally, and no discrimination shall be done among them. The Thomas Cook is the eminent tour
operator and travel agency follow this in their business, and they must treat everyone equally.
Their business is fallen under the legislation, which provides a strict instruction that the
customers of that organisation should be treated equally and they should be provided good access
to the service. As mentioned by Hall et al. (2013), this legislation provides a strict instruction to
the organisation that the customers they are entertaining must have the access to the goods,
services and other facilities, and no discrimination should be made to them according to their
age, sex, race, qualification or any disability. In addition, it also states that if there is any reported
incident or evidence of providing different set of services to different groups of people, would be
accounted showing discrimination. This is accounted as an act of refusing for providing service,
or providing service of low grade or worst quality (Www2.unwto.org, 2018). This may cause
penalty for the organisation, against whom the charge is drawn.
By the Equality Act, which is constituted in the year 2010, controls the equal action for all
citizens and employees. It can be considered as a law, which simplifies the act of eliminating the
inconsistence in the organisation of Thomas Cook. In this case, Rogerson (2013) commented that
this act could be mentioned as a combination of different acts, which are made to eliminate
discrimination from the society and ensuring equal rights for all. According to Kucukusta et al.
(2013), all of these laws are done to make sure that there is no discrimination among people with
different backgrounds and beliefs. Under these laws, these following acts are considered as
showing of discrimination, such as direct, indirect, perceptive, harassment and disability. As
mentioned by the law, the discriminated person is served based on tribunal set up in their
Employment Tribunal. According to this, the person should be compensated according to the
level of experiencing discrimination.
Task 3 (LO3, AC3.1, 3.2, M1, M2, M3, D1, D2, D3)
Leaflet given to Travel Assistants on Contract legislation and Customer Protection
3.1. Contract legislation with tourism customers

8LEGISLATION AND ETHICS
As opined by Guttentag (2015), the contract legislation is described as the constitution of the legal
association between two or more parties, where the dealing of the goods and services are taking place. In
this case, the travel consultant is dealing to sell a tour for the customers to Spain, where the dealing and
exchange of these are should be done properly and this is to be done by implementing a proper law.
However, the travel assistant is not properly satisfied with the task, and proceeds for the development of
the contraction in this case. This develops the contract, which should be constituted by the company along
with their customer. In this contract, the details of the payment and the offered services should be
mentioned. Besides, in this case, different terms and conditions are also mentioned, which would be
beneficial in acquiring the legal policies (GOV.UK, 2018). This includes the destination of tour, time of
arrival and departure in the place, duration of stay and the estimated amount. All of these should be
fulfilled properly by the company while delivering the services to the customers. Any failure of delivering
the services as mentioned in the contract will be taken as violation of contract. Besides, the penalties then
would be imposed to the organisation in this case. In addition, the failure of communication is also
considered as a reason to impose penalty on the organisation. Meyer (2013) commented that in this case,
the consumer might withdraw the contract in this case, which may cause a loss of reputation of the tour
and travel agency.
As mentioned by Rogerson (2013), there are several standard elements, which are relevant to the contract.
In case of offer, this is the additional services, which are provided to the customer along with the other
services. These are the additional services, which must be mentioned in the contract. However, without
giving the offered services to the customers are also considered as misconduct. Towards Acceptance, as
mentioned by Masoud et al. (2013), this is referred as how the customer is ready to accept the additional
services provided by the organisation. This can only be done after a detailed discussion with the respected
individual. For consideration, it refers as the acceptance of the offers by the customers at a certain extent.
However, without the consideration, there should be no provision of constituting the law, and is only
regarded as an agreement. In case of Capacity, it is the ability of the organisation to enter in the legal
procedures. This is based on the legislation, which denotes how far the company can move towards
making its authorized. These are some examples of laws, which are used by the organisation in UK for
their contracts, and are further used for making tour in Spain.
In case of Unfair Terms in Consumer Contract Regulation 1999, it is considered as UK statutory law that
is liable to implement the Unfair Consumer contrast in case of the domestic laws. It is found as per
directive, the law is quite limited and it remains with efforts to harmonise basic customer rights in EU

9LEGISLATION AND ETHICS
(Which? Consumer Rights, 2017). Sales of Good Act, 1979 that is considered as UK Commercial law and
English law with regard to parties being sold. Besides, the act is consolidated with Sales of Goods Act,
1893 and it is regarded as a subsequent legislation to consolidate the laws (GOV.UK, 2018). The law is
applicable on the contract case on which property for goods will be agreed or transferred in case of
monetary considerations. There is the Unfair Contract Terms Act 1977 that is implemented in UK as per
the operations and legality defined in case of contract terms. The law is applicable to all contracts, and
serves as a major function to limit applicability of obligations. Further, there is also the Supply of Goods
and Services Act 1982 that needs the traders for offering services to the average work application. The act
is too some extent may be superseded by Consumer Rights Act 2015 that may be applied to traders and
customers. In case, the relative contracts in case of any transfers has a sense of belonging that individual
agrees to transfer goods stuffs (Which? Consumer Rights, 2017). Lastly, there is Consumer Rights Act
2015 that is showed by UK parliament to consolidate all the existing legislation defined in terms of
consumer protection law, offering customers with new rights and remedies. The act provides customers to
purchase goods and services, mostly involved with the digital products.
3.2. Consumer protection legislation for tourism customers
As mentioned by Guttentag (2015), the consumer protection is the legislation, which is aimed to protect
the interest of consumers, while they are signing the contract with the travel and tour agency, and aimed
to make travel in Spain. This can be considered as a violation of the business ethics and can cause penalty
to the organisation and the travel agents. The business organisation is following the Trade Description
Act of 1968, which strictly mentioned that the misleading of services mentioned in the contract should be
prohibited. This included the following factors, such as the goods, services, accommodations and other
services related to the tour and travel industry (Which? Consumer Rights, 2017). It constituted the
responsibilities and liabilities of the company, which must be checked prior to undergo the legal
procedures, are as follow:
 Submission of false trade description by the respected person to the organisation
 Supply or offers related to the service, which are not proper or suspecting for false
submission, with false trade description
 Making of false statement regarding the services, accommodation or facilities in the
contract
All of these are made to protect the customers and are included under the Customer Protection Act of
1987. It is found from the Package Travel Regulation 1992 that has assured to make those arrangements

10LEGISLATION AND ETHICS
that may offer maximum standards for attaining needs of tourists and travellers (Spearhead eLearning,
2018).
TASK 4 (LO4, AC4.1, 4.2, M1, M2, M3, D1, D2, D3)
4.1. Ethical dilemmas faced by tourism sector
As opined by Rogerson (2013), the tourism sector is a complex sector for handling all the
disciplines associated with the business. Besides, there are several elements, which are included
in this case and are required for managing the integrated tasks in the travel industry. However, in
case of Thomas Cook, which is an eminent travel agency and tour operator in UK, have several
sectors, which are needed to be included in this case, but remain unorganized (Thomascook.com,
2019). These sectors should be developed and improved in such a way, so that it can be regulated
as functioned as an integrated unit (Ministryofethics.co.uk, 2016). The sectors need to be
developed for the organisation, so that they can manage different tasks, hospitality, logistics and
proper employment. These are dependent on different factors, which are regulating their business
and are related to making of the healthy relationship with others. In addition, the price of the
products should be offered at an affordable rate so that the customers can get the best service at
the reasonable price (Tourism.gov.za, 2017). Thus, the cross-culture barrier is another factor
within the organisation, which are making dilemma in the activities in travel agencies.
The economical condition plays another limiting factor in this case, which restricts the business
of the organisation. Kucukusta et al. (2013) commented that this is partially dependent on the
political and social conditions of the country, which are considered as the regulating factors of
the economy and any business. The host country should be economically and socially flourished,
which will be beneficial in attracting the customers towards the destination. Thus, it can be stated
that these are the ethical dilemmas, which plays the limiting role in the business of the industry
and making dilemma in the services. Besides, the tangible and intangible commodities are also
plays an important part in this case. According to Masoud et al. (2013), the tourists are usually
categorized according to their age and economy. Therefore, an economically challenged country
always limits the tasks of the following tour and travel agency, which may cause an impact on

11LEGISLATION AND ETHICS
the customer services. Besides, the ethical verification of the documents of the customers
performed by the company for certain places also causes hassle in the activity, which restricts the
functions.
4.2 CSR policy of a specified travel business
As mentioned by Rogerson (2013), CSR stands for the liabilities, which must be maintained by
an organisation. This is the minimum effort that must be possessed by the company towards the
environment and the society, so that the well-being of overall society can be achieved. Thus, it is
a minimum contribution offered by the organisation towards the society along with the business,
which ensures an overall growth of all different disciplines associated with the business. In case
of the Thomas Cook, CSR stands for the guideline of the business, which suggests how the
organisation can be involved in the overall and integrated activity by their tasks
(Thomascook.com, 2019). According to Masoud et al. (2013), CSR is based on the activities of
the organisation itself, and this should be included under their business mission. The strategies
and the business operations should be based on CSR. Therefore, a proper plan should be
established in order to manage all of these tasks along with managing the corporate social
responsibility. This can be done by making active interactions with different stakeholders
associated with the tasks. By this way, the needs of stakeholders can be identified, and how these
can be fulfilled is deducted. This is still considered by the organisation as a step towards the
well-being of the society. By this way, the satisfaction of the stakeholders can be achieved and
this is the centre of the CSR of the organisation, mainly in the tour and travel industry.
According to Rogerson (2013), the CSR in the Thomas Cook can be defined as the steps they are
taking to satisfy the stakeholders. The way they are interacting with their stakeholders will not
only satisfying them, but they can also contributes for the well-being of the society and
environment. In this organisation, the way they integrate them in the business, will help them in
managing the tasks and helping the society. For example, the company is including the local
people mainly in guiding, the tourists that will help the improvement of the local economy and
well-being of the society. In addition, this can also be beneficial for the environment, as the local
people can understand how the environment should be treated (Equalityhumanrights.com, 2017).
Therefore, inclusion of these people in this case will decrease the impacts on the environment by

12LEGISLATION AND ETHICS
the tourist activity. As mentioned by Rogerson (2013), this can also be beneficial for the
organisation, as this is considered as a step towards the development of sustainable plan for the
business. Therefore, CSR contributes not only in the well-being of the society, but also in the
improving the business of the organisation. Thus, Thomas Cook is making a framework towards
the CSR by improving own business.
Conclusion
This is a study, which deals with the several disciplines associated with the legalization and
ethics of the tour and travel agencies. Here, several disciplines associated with the activity are
described and critically evaluated. In the first part, the legal framework in the travel and tourism
sector is described for an organisation in London. The second part of the study is concerned with
the legislation on health and security in tourism sector dealing their business in UK. The later
part is dealing with the consumer protection legislation with tourism sector, where the customer
defense is ensured by the organisation. Lastly, there is a brief summary, which evaluates the
function of business ethics in Thomas Cook.