Legislation and Ethics in Travel and Tourism Sector: Analysis

This report provides a comprehensive overview of legislation and ethics within the travel and tourism sector. It begins with an introduction that explains the legal and regulatory framework, focusing on the responsibilities of travel organizations, the role of the Civil Aviation Authority, and the impact of the International Air Transport Association (IATA) and other key legislations like the British Tourist Authority and the Transports Act. The report delves into surface, sea, and air transport laws concerning passenger carriage, including safety and security measures. It then analyzes the impacts of health, safety, and security legislation, emphasizing the importance of a safe working environment and the responsibilities of employers and employees. Furthermore, the report explores contract and consumer protection legislation, addressing ethical dilemmas and corporate social responsibility within the travel and tourism business. The report uses Thomas Cook Airlines as a case study throughout the analysis.

Legislation and Ethics in
Travel and Tourism Sector

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legal and regulatory framework of travel and tourism....................................................2
1.2 Surface, Sea and Air transport law relation to carriage of passengers.............................4
TASK 2............................................................................................................................................6
2.1 Impacts of principles of health, safety and security legislation on travel and tourism sector
................................................................................................................................................6
2.2 Equality legislations with reference to Thomas Cook......................................................7
TASK 3............................................................................................................................................8
3.1 Contract legislation in travel and tourism........................................................................9
3.2 Consumer protection legislation in travel and tourism...................................................10
TASK 4..........................................................................................................................................12
4.1 Ethical dilemmas faced by travel and tourism sector.....................................................12
4.2 Corporate social responsibility in travel and tourism business......................................13
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
Legislation in tourism and travel means to provide true and correct information and
statements to its customers. Punishment is given to organisation for providing false information
and breaching the law (Weiss and Dupont, 2018). This case study will be based on Thomas Cook
Airlines which is a British based airline that serves mainly from Gatwick Airport and Manchester
Airport. This report will explain the legal and regulatory framework of travel and tourism as well
as sea, surface and air transport laws in reference with England and Wales. Impacts of principles
of health, safety and security legislation on travel and tourism will be determined in this report.
Furthermore, this report will explain the contract legislation and consumer protection in relation
with travel and tourism. Moreover, the ethical dilemmas faced by travel and tourism sector and
Corporate Social Responsibility of travel and tourism business will be explained in this study.
1.1 Legal and regulatory framework of travel and tourism
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Legal and Regulatory
Framework
The structure which governs
the travel organisations,
agencies and airports comes
under tourism law. A system
of rules which governs the
decision making is known as
legal framework and to
enforce these rules is known as
regulatory framework
(Boniface, Cooper and Cooper,
2016). With the installation of
some specific laws, a steady
growth in tourism sector of
Thomas Cook was observed in
last few years. Tourism
legislation involves-
Development of Tourism
Act, 1969: British Tourist
Authority introduced it.
Through which organisations
which involved in tourism
sector can be co-ordinated.
Visit Britain was formed by
clubbing of British Tourist
Authority with English
Tourism Council. This provide
financial assistance for
provision of new hotels,
improvement in existing hotels
They are responsible to perform
its obligations properly laid
under this act. This is to ensure
that holiday package given by
the operator is protected by
Package Travel Regulations
1992.
To provide standard
procedures, establishment of
right and duty of both people
and tourism company involved
in tourism sector are main
objectives regarding the
installation of tourism
legislations.
Some regulations which affect
the tourism laws of a country
are-
International Air Transport
Association- It refers to
association of trade of world's
airlines. This is concerned with
providing safe, reliable and
secure air services to its
customers. It is a private
organisation which promotes
co-operation among world's
airlines (Vellas, 2016.). With
the help of IATA, Thomas
Cook is offering standardised
services to its consumers. This
Civil Aviation Authority-
This is responsible for
updating regulations and laws
for aviation safety and
airspace usage (Standing,
Tang-Taye and Boyer, 2014).
It ensures supervision of
testing equipment, training of
Air Traffic Engineers,
managing of security
standards and issuing of
pilots' license through which
development of travel and
tourism sector can be
increased.
Process- ACAS aims at
improvement of business
practices through developing
employment relations
positively.
Structure- Denied Boarding
Compensation Schemes- As
passengers are affected by
delays, overbooking and
cancellation of flights. To
solve this problem, process of
ticket bookings are simplified.
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of Thomas Cook and making
easier the process of
registration of hotels which
will help in development of
tourism sector.
Transports Act 1980 and
1985: Through this availing
the transport facility become
easier. The licensing laws
through which tours of 30
miles and express coach path
affected was terminated by
1980 act(Eugenio-Martin and
Inchausti-Sintes,2016).
Through this competition
among private bus firms and
national bus firms was
increased. Also, road system
which allowed private bus to
cover all routes was de-
regularised.
Package travel, Package
Holidays and Package Tours
Regulations 1992: This is
related with the responsibility
of Tourism Company towards
its customers. This ensures
Thomas Cook to perform
appropriately regarding
holiday contract which
includes services like airlines,
is helpful in increasing business
of Thomas Cook in air industry.
Health and Safety
Commission- According to
this, laws related to safety of
people are required to be
updated. This was to ensure
safety of people and preventing
injury and death. Thomas Cook
adopts the rules of government
so that any fault or mistake is
avoided which can lead to
injury or death of a person.
Through this, they are able to
gain trust of people and are
attracting of them towards
themselves.
Strategic Rail Authority- The
railway sector was divided into
two which are Rolling Stock
Companies and Rail Track
under this legislation. It is a
non-departmental public body
in UK which provides direction
to railway industry.
Through this the interests of
disabled persons were
safeguarded. Thomas Cook
under this law offers reliable
services and ensures safety of
its customers by following all
these legislations. It ensures
protection of rights of people
on board. Assertions related to
mental disorders of
passengers and physical
damages are attended under
this law. Transportation of
passenger and luggage is
regulated by this law. Safety
of people becomes the priority
factor for Thomas Cook.
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cruise operators and hotels
(Forno and Garibaldi, 2015).
1.2 Surface, Sea and Air transport law relation to carriage of passengers
Passenger
The person which is carried by
a ship is known as passenger.
A vehicle or article carried
with the help of a carrier is
known as luggage. A loss
occurred to luggage or
passenger may cost penalty to
organisation. To avoid this
kind of situation following
laws are made by government-
Surface Law- It was governed
by International Carriage of
Passenger by Road Act, 1979
which ensures safety and
protection of passengers which
are on board. This also include
loss of luggage under Carriage
by Railway Act, 1972(Baker,
2014).
Sea Law- Safety and security
of passengers on ship is
ensured by International
Maritime Organisation which
is developed by UK. The
factors which are involved
during functioning of ships are
also regulated by Sea Law.
Measures of Fire protection,
lifesaving equipment and crew
members' skills of fire fighting
of Thomas Cook are regulated
by International Convention
for the Safety of life at Sea
(SOLAS). The damages
experienced by passengers
while shipping are governed
by Athens Convention, 1974.
The level of liability towards
affected passengers are also
stated under this law. Limits of
liability are also enhanced by
this. It also regulates
environmental factors. This
forces the company to adopt
all those measures which are
Air Law- This involves laws
regarding air transport. The
international carriage was
defined by this law along with
its documentation under The
Warsaw Convention of 1929.
It covers the right of
passengers to claim
compensation for causing
injury or even death due to not
follow the rules by agency. It
involves proper checking of
luggage at happening of
journey by the people who are
working for Thomas Cook. To
raise protection standards of
air passengers is the ultimate
goal of Denied Boarding
Compensation Schemes, 1997.
Rules regarding passenger
landing across territory for
non-traffic and traffic are
covered under The Five
Freedoms Agreement, 1994.
4

beneficial for the safety of
passengers which are on ship
like giving life jackets to them
and give training regarding
usage of these life jackets
ensuring restrictions to go in
dangerous areas of ship and
proper checking should be
done whether every person on
ship is following rules or not.
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TASK 2
2.1 Impacts of principles of health, safety and security legislation on travel and tourism sector
To minimise the risk of accidents and ensure safety and security by providing a healthy
experience to consumers is the main motive of health, safety and security legislations.
Maintaining safety in working environment becomes the primary objective for Thomas Cook. To
identify the possible chances of any danger in work place in advance and report them as soon as
possible is the first hand responsibility of the people working in Thomas Cook. Both employees
and employers plays a crucial role in maintaining a safe environment in organisation (Crotti and
Misrahi, 2015). The main aim of this legislation is to ensure environment which is free from
harm. Thomas Cook's primary goal is to provide safe accommodation to its passengers.
Health and Safety at Work (HSWA), 1974 regulates and makes mandatory to perform
duties towards public for employers. Proper functioning can be done with these three options-
11 Guidance- Health and Safety Commission can look for guidance so that people can be
made aware of these legislations. Also, technical guidance can also be provided along
with provisions of these legislations. With this, proper compilation with these
legislations have been facilitated to the people of Thomas Cook.11 Approved Code of Practises (ACOP) - These have been made with respect to
dangerous work along with use of dangerous materials. The employer of Thomas Cook
will be made liable for breach of these codes. There are some duties which are needed to
be followed by employer under ACOP-
1. It becomes the duty of employers of Thomas Cook to provide an accident free
environment to its workers so that they feel safe and work more efficiently and
productively for the organisation.
2. If employers gets the information regarding happening of any dangerous activity in
Thomas Cook they are responsible to inform about it to top management so that it can be
avoided by happening.
3. Special training is provided regarding technical knowledge by Thomas Cook, it becomes
the duty of employer to attend those training sessions.
4. Facility of providing first aid is also important for Thomas Cook, employers is
responsible for providing first aid on time to its passengers.
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3. Regulations- It is related to providing facility of proper statutory requirements, first aid
and proper lighting in work place by the employer of Thomas Cook. A written code for health
and safety is issued by Thomas Cook as they employ more than 5 staff in their firm. The impacts
of legislations and regulations are-
 Through proper regulations and legislations health and safety of the workers is
considered to be important which assures satisfaction of lives at their work place.
 Regulations also direct protection of data which are confidential for the organisation.
 Through regulations' fairness is ensured in working by regulating the rights of workers.
 Rights of creditors, investors and consumers are protected with proper working of
organisation according to stated regulations.
Occupiers' Liability Act, 1957 states that landlords who are failing in keeping their
properties and are responsible for damage or injury of renter are made liable in front of
government. It states that person occupying the property not essential owner is responsible for
not causing any harm to the property.
Health and Safety at work act explains duties of employers regarding the health issues
and safety of their workers. This includes casual workers, self employed persons, clients and
public. In this, employers cannot take a step back regarding safety of its workers because of their
inability to make improvements in their premises.
Impacts of legislation-
Availability of facilities-Facilities regarding technology will be made available in a satisfactory
manner.
Simplified process- Through legislations, process of handling taxes will be simplified.
Legality in contracts- Making of employee contracts will be legal and will be valid in terms of
laws made by government.
Systematic working- Working of the Thomas Cook will be done systematically by following
the determined rules and regulations.
2.2 Equality legislations with reference to Thomas Cook
According to this, every person should be treated equally working in the organisation.
Thomas Cook treat their customers equally by making their goods and services available to them
without any discrimination under Travel and Tourism legislations. Providing services on lower
grade or refusal to offer a service counts into discrimination. Discrimination on the basis of race,
7

nationality, ethnicity and colour comes under Discrimination Act, 1976 and which ensures racial
equality among workers. This act is combined by Race Relations Act, 1976; Equal Pay Act,
1970; Disability Discrimination Act, 1995 and many more. The impact of this act can be said as,
this will reduce the productivity of employees working, legal consequences can be increased, this
will lead to payment of penalties for the company and employee morale will be reduced. The
discriminations made under this legislation are as follows-
1. Direct Discrimination- A person is treated unequally according to standards of law by
other person directly. This can be done on the basis of age, race, colour, disability and
some other aspects. According to this equality legislations, it becomes necessary for
Thomas Cook to ensure equality so that a friendly working environment is offered to
their employees. With the help of all these acts which comes under equality legislations,
Thomas Cook ensures equality in its working so that no employee can feel neglected.
This will help in boosting up morale of employees to work more efficiently.
2. Indirect Discrimination- This happens when some employees or a group of employees
get unfair advantage of a particular facility. It happens when a policy or rules are applied
to everyone working in Thomas Cook but whose effects are worse for some employees
than others. This will create confusion and conflicts among employees.
3. Perceptive Discrimination- Under this, perception of employer becomes a base for
discrimination rather than reality. Employer makes discrimination on his perception
about employee. Employees will be demotivated and their performance will be affected.
Thomas Cook treats his employees equal by demotivating this kind of discrimination in
the organisation.
4. Harassment- When an employee is subjected to an unwanted behaviour by supplier,
contractor or client, it comes under Harassment. Through this a bad image of the
company on its customers will be created. In order to remove this kind of issues, Thomas
Cook implements certain tough regulations and punishments so that peace can be
maintained in then organisation.
5. Disability- A person discriminated on the basis of dysfunctional body depriving him
from assessment regarding certain goods or services by the tour operators. Thomas Cook
ensures that their goods and services should be made accountable for every person even
8

with disability. Through this they are able to attract more number of customers and help
to build a positive image in market.
An Employment Tribunal has been set up to serve the discriminated people which claims
remedies like retention and compensation because of harassment and disability faced by them.
TASK 3
3.1 Contract legislation in travel and tourism
9

Contract and agreement law are very
difficult aspects. These elements are
made by each and every individual on
the daily basis. These components are
not only formal documents signed by
parties and witnesses (Del Baldo,
2016). A contract define as legal
relationship between two or more
parties for goods and services in
exchanges of consideration that is
enforceable by law. Thomas Cook has
binding contract with customers setting
out details of payment and services.
There are certain terms and conditions
are attached with contract that is made
by travel company. Such as conditions
place of destination, arrivals, departure,
duration and cost of stay. There are
following standards factors relevant to
any of contract:
various elements are included in it:
Acceptance: Whereby
offeree is ready to
accept offer been
made. In holiday
contract, it would
amount to purchase
product after detailed
discussion with the
travel agent.
Consideration: It is
required for contract to
be valid a certain
amount of
consideration to
complete acceptance.
Without this, any of
contract is just
agreement but not
binding by law.
Capacity: It refers to
capability to enter into
legal contract. The
legislation defines
capacity as to process
majority of age,
soundness of min,
intent free of any
duress.
Certainty: It is
necessary to clear and
A contract in service and travel
providers is when Thomas
Cook is liable for all services,
if customers has booked a
holiday package. Services
includes car hire,
accommodation and other
services.
Contract of holidays package:
The contract for holiday
package is formed by customer
stating their demands and tour
operators ensuring that
demands have been meeting
(Moghavvemi and et.al.,
2017). Once demands have
been meet and both parties
have agreed on package
holiday then Thomas Cook's
responsibility to ensure that the
services are provided. Under
package holiday regulation
1992 that refers to this contract
consists of combination of at
least 2 services before it can be
classified as package holiday.
If the Thomas Cook has agreed
to comply with demand of
providing accommodation,
they make sure that services is
10