Travel and Tourism: Legal and Ethical Frameworks in the UK

Desklib provides past papers and solved assignments for students. This report explores UK travel and tourism legislation and ethics.

Legislation and Ethics in Travel and
Tourism Sector

Table of Contents
INTRODUCTION........................................................................................................................2
TASK 1-LEAFLETS...................................................................................................................... 3
1.1 Travels and tourism sector’s legal and regulatory framework with regard to England
and Wales.............................................................................................................................3
1.2 Surface, sea and air transport law regarding the carriage of passengers within the
legal and regulatory framework...........................................................................................6
TASK 2- MANAGEMENT REPORT..............................................................................................8
2.1 Influence of the principles of health, safety and security legislation on the travel and
tourism sector with reference to Timeless Travel................................................................8
2.2 Legislation relating to equality with reference to Timeless Travel...............................10
TASK 3- LEAFLETS................................................................................................................... 12
3.1 Contract legislation related to travel and tourism customers......................................12
3.2 Legislation for consumer protection related to travel and tourism customers............14
TASK 4- MANAGEMENT REPORT............................................................................................16
4.1 Ethical dilemmas tackled by TUI group.........................................................................16
4.2 Corporate Social Responsibility (CSR) policy of TUI group............................................18
CONCLUSION.......................................................................................................................... 19
REFERENCES........................................................................................................................... 20
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INTRODUCTION
The role of regulatory and legal frameworks is crucial in almost every industry and sector in
order to regulate and maintain it efficiently. Since the travel and tourism sector in the UK is
one of the productive and revenue generating sector, therefore it is essential for the UK
government to effectively handle and manage by implementing the legislation and ethical
practices (Holdaway, 2017). The implementation of legislation and ethical practice is
essential for the protection of the travellers and tourists as it obliges the tourism companies
to not only just generate the profit for the company but also contribute towards the
betterment of the society (Turley, 2015).
This assignment provides the introduction of the legal and regulatory framework required
for the effective operations of hospitality and tourism businesses within the tourism sector.
It represents the legal and regulatory framework enforced by different bodies and
authorities in travel and tourism. It protects not only the consumers but also the employees
who work in the travel and tourism sector in the UK. This assignment determines the role of
the business ethics which help in facing the ethical dilemmas by different companies in the
tourism sector. The significance of corporate social responsibilities is determined to
contribute to society and stakeholders.
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TASK 1-LEAFLETS
Working as a Travel law consultant, training event is organized for Retail Travel Consultants
and distribute the leaflets on the legal as well as a regulatory framework in the tourism
sector in the UK.
1.1 Travels and tourism sector’s legal and regulatory framework with
regard to England and Wales
UK Legal framework:
The legal framework includes legal
processes, structures and laws. The laws
also referred to like the rules, are
accepted by the state in the
administration of justice and are
mandatorily enforceable in courts under
the legal system. The Northern Irish,
Scottish and the English are 3 legal
systems in the UK. The laws are
categorised as Civil Law and criminal law
in the English system (Martin, 2014). The
customers who bring the cases fall in the
areas of contract and tort under the Civil
law and are made up of the combination
of both legislation and case laws. The
solicitors and barristers are required to
assist the customers to bring their cases
into actions.
UK Regulatory framework:
The statutory bodies are given below form
the regulatory frameworks that govern
law enforcement in the UK:
Strategic Rail Authority: it was a non-
governmental public body set up in 2001
to deliver the strategic directions for
railway industry and abolished in 2006.
Office of Rail Regulation: it is an
independent safety and economic
regulator for the railways of Britain.
Health and Safety Executive: it merged
the Health and Safety Commission in 2008
and is a national independent regulator to
reduce the work-related illness and death
through the offices of the UK.
International Air Transport Association: it
is a trade association that supports the
different areas of aviation activity as well
as helps in formulating industrial policy on
critical aviation issues.
Maritime Authorities: it implements the
governmental maritime safety policy and
works to avert the life-loss on the coats
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plus at sea and ensure the meeting of
international safety rules.
UK Civil Aviation Authority: it is a
specialist aviation regulator with specific
responsibilities such as consumer
protection, airspace regulation, economic
regulation and so on. It also advises the
government on various aviation issues.
Air Travel Organiser’s Licence: it is the
license granted to the travel organizer to
ensure that they are protected for the
money paid by them and also not left
stranded abroad (Partington, 2016).
Association of British Travel Agents: it is
the largest UK travel association that aims
to grow their businesses sustainably and
also assist the travelling public in their
travel experience.
UK Legal Processes:
The UK parliament makes the law that is
legislation, both the houses of the
parliament are required to pass the bill
which is the draft proposal of the
legislation and forwarded to the Royal
Assent (Partington, 2016). After receiving
the Royal Assent, the court must enforce
it to become a statute. Proxy legislation
which is passed in an abbreviated version
of the procedure is required to pass a
statute. Criminal and civil are the two
categories of legal rules. Under criminal
law, Crimes are considered a threat to the
whole community and liable for the
prosecutions.
Civil law focuses on resolving the disputes
such as privacy rights and obligation rose
among the individuals. Torts are the civil
wrong imposed by the law which requires
providing a legal remedy to the victim for
certain harmful conducts (Martin, 2014).
The contract binds the individuals who
enter into the legal agreement. Industrial
tribunals are set up by the Act of
parliament to hear and decide upon the
disputes in specialised areas such as
employment.
UK Legal Structures: the hierarchical
structure of Courts is:
The Supreme Court: it is the highest court
in Northern Ireland and Great Britain that
binds all other courts beneath them and
does not have the power to overturn a
statute.
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The Court of Appeal: all the lower courts
and also its future sittings are bound by its
decisions.
The Divisional Courts: the 3 divisional
courts are appeal courts where two or
more than 2 judges sit. Other divisional
courts and all the courts below are bound
by their decisions except the Supreme
Court or the Court of Appeal.
The High Court: the Supreme Court and
the court appeal bind its judges (Martin,
2014). Its decision binds all courts
beneath except the decision of only one
judge sitting in the high court.
Inferior courts: the decisions of the Crown
Court, the county court and the
magistrates’ court do not bind any other
court. Its judges do not make standards
(Partington, 2016).
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1.2 Surface, sea and air transport law regarding the carriage of passengers
within the legal and regulatory framework
TRANSPORT LAW:
SURFACE AND SEA TRANSPORT:
Carriage of Passenger by Road Act 1974:
this act related to the rights and liabilities
of the carriers ensuring the safe arrival of
the passengers to their respective
destinations by road. It applies for the
protection of the passengers, and their
luggage in respect to their death, injury
and damage or loss of their luggage and
personal effects, here a carrier is a travel
organizer who provides travelling services
or sells tickets with or without any
charges for the travelling of the
passengers (Fenelon, 2017).
Athens, Geneva and London Conventions
(limits of liability): the transportation of
goods and passengers from source to
destination via sea is referred to as an
international carriage. This convention
imposes the liability n the carrier that is
travel organizer for their losses, injuries
and damages caused to the passengers at
the time of their journey through sea
route (Fenelon, 2017). The luggage of the
passengers can be any belongings. It is a
liability regime which is based on faults in
the cases related to non-ship such as
neglect, loss or fault in luggage or in the
cases related to shipping such as fire,
explosion, shipwreck or any type of
defects in the ship.
Office of Rail and Road Regulation: it is an
independent regulator that operates in
the frameworks of UK and EU legislation
and protects the interests of rail and road
users (Ireland and Britain, 2016). It is
liable for improving the safety,
performance and value of the roads and
railways presently and in future.
AIR TRANSPORT CONVENTIONS AND
PROTOCOLS:
Warsaw (1929): it was created with 152
member states across the world that
specify the condition in which the liability
is held upon the airlines for the death or
injuries caused to passengers and loss or
damage caused to luggage and delay
(Ireland and Britain, 2016). It set the limit
regarding the amount of compensation to
be claimed by a passenger.
Hague (1955): it is a protocol which is
added to the provision to the Warsaw
Convention and it limits the liability that is
to be taken by the commercial airliners in
the event of the accident (Fenelon, 2017).
Tokyo (1963): it is applicable in case if the
offences are against the penal laws and
also to those acts which jeopardise the
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safety of the passengers or their luggage
on board civilian aircraft however in-flight
and engaged in international air
navigation.
Montreal (1975): it amended the Warsaw
convention and further clarified the
protection offered to travellers. This
convention granted the additional
protection to the travellers and also
extended certain rights to the airlines
(Ireland and Britain, 2016). It set the
damages for the lost or destroyed luggage
on the basis of individuals’ pieces.
Denied Boarding Compensation Schemes,
European Union (1997):
It set out the rule on the compensation as
well as assistance to the passengers in the
event of cancellation or denied boarding
or long delay of flights (Ireland and
Britain, 2016). It does not apply to the
passengers who are travelling free of
charge or at a reduced rate not available
to the public directly or indirectly.
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TASK 2- MANAGEMENT REPORT
Introduction
Being a Manager at Timeless Travel, This management report is presented by preparing the
training material for the staff regarding the regulations and legislation related to safety,
health as well as security. It also includes the equality in the travel as well as tourism sector
in the UK.
2.1 Influence of the principles of health, safety and security legislation on
the travel and tourism sector with reference to Timeless Travel
Health and Safety At Work Act, 1974: it depicts the responsibilities of the employers
towards the employees plus the individuals excluding an employee at work. It includes the
number of general duties along with the clauses imposed for the criminal offence for the
person failing in carrying the duty. It protects and safeguards the employees by ensuring
safe as well as vigorous working conditions, support in conducting the duties plus not
working on the machine without any formal training (Abdullah, 2017). It protects and
secures the people at work from any health or safety risks developing through business
activities and also controlling the release of harmful substances in the workplace settings,
controlling the misuse of harmful substance at office or factory premises.
Occupiers Liability Act 1984: the occupier is the individual who controls the premises or
movable and immovable property and is liable for the duty of care to all the legitimate
visitors as well as to trespassers separately (Teague and Donaghey, 2018). Under this Act,
the occupiers must be reasonably aware of the dangers, also must offer protection in the
cases of risk under all the circumstances and must reasonably suspect the potential entrants
into the vicinity.
Data Protection Act: it ensures the proper handling of the personal information of the
individual by providing them with the rights regarding its usage. The information of the
customers is deal with or passed on with the consent as well as by regulation of the Office of
Information Commissioner (Carey, 2018). Thomas Cook, Travel Trade Group ABTA, British
Airways Cathay Pacific Breach and TicketMaster UK is some of the organizations that have
breached this act.
The duty of Care: it is a neighbouring principle which refers to take care so as to not cause
any unexpected harms to others. Only parties to the contract can sue or be sued as per the
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Doctrine of Privity (Armstrong and Matters, 2017). According to the precedent of Donoghue
v Stevenson 1932, there is an existence of a duty of care regardless of the absence of any
contractual relationship.
The travel and tourism sector is influenced by the UK regulation plus legislation which are
given below:
 It ensures the protection of personal information of the people by protecting their
privacy.
 It confirms the safeguarding of health, safety and security of the employees as well
as individuals excluding the employees at work.
 It ensures to be careful in order to not cause any unexpected harm or injury to
people (Armstrong and Matters, 2017).
 It also confirms to provide the duty of care to all the legitimate visitors as well as to
intruders separately.
 It ensures the liability of the employers towards their customers despite the
negligence of its employees (Teague and Donaghey, 2018).
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2.2 Legislation relating to equality with reference to Timeless Travel
Equality in the eyes of Law is the provision of equal treatment without any discrimination.
The travel organizers such as Timeless Travel are bound by the legislation to provide tourism
services and products to each individual without any discrimination. Discrimination is
referred to the actions related to denying the products as well as services or offering the
same on the poorer terms or low quality.
The Equality Act 2010 enforced by the Parliament of the UK ensures the elimination of the
discrimination of the individuals on the basis of their age, gender, race, disability, and sexual
orientation and treat individual equally (Teague and Donaghey, 2018). This act safeguards
the employees of Timeless Travel by ensuring that they are treated equally with regards to
their roles, duties, responsibilities, recognition and rewards.
SEX DISCRIMINATION ACT 1975: this act equally protects the men and women and
eliminates the discrimination based on the genders as well as sexual orientation (Teague
and Donaghey, 2018). The employees of Timeless Travel are protected against the
discrimination of gender or sexual orientation.
RACE DISCRIMINATION ACT 1976: this act of the UK parliament protects the individuals
against any discrimination and protects them irrespective of their race, colour, nationality,
ethnicity and origin (Abdullah, 2017).
EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978: this act enforced by the UK
parliament forms the essence of the labour law of the UK. The Redundancy Payment Act
1965, as well as the Contracts of Employment Act 1963, is the two pieces of legislation
consolidated in this act.
DISABILITY DISCRIMINATION ACT 1995: it is the act imposed by the UK parliament to
protect the individuals from any form of discrimination related to their disability. The
individuals are provided with the rights and privileges to education as well as employment
(Abdullah, 2017).
EMPLOYMENT ACT 2002: This act presents new principles and standards regarding the
disciplinary processes for the employers. Under this act, the employees cannot be
discriminated on the basis of the term of work that is either permanent or contractual. This
act ensures visible freeness in the employment relationship through various reformed legal
procedures.
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HUMAN RIGHTS ACT 1998: this act protects the rights of the people and obligates the
companies to treat the individuals fairly, respectfully and with dignity. It also protects the
employees against their unfair dismissals by the employers and provides equal conditions to
work to each individual (Armstrong and Matters, 2017).
These are the legislation and acts that binds the company Timeless travel and protects the
rights of its employees and ensure their equal and unbiased treatment.
Conclusion
Hence this management report addresses the importance of the legislation about the
safety, security and health plus equality in the travel and tourism sector. It also guides the
staff of the Timeless travels on their rights provided by the legislation and regulations in the
UK.
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