Analysis of Legislations, Ethics, and Consumer Protection in Tourism

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This report provides a comprehensive overview of legislations and ethics within the travel and tourism industry. It begins with an introduction to the industry's legal and regulatory framework, including the Development of Tourism Act and transport regulations. The report then delves into the implications of health, safety, and security legislations, analyzing the responsibilities of travel companies like TUI Group. It further examines legislations related to equality, ensuring fair treatment for all customers. Contract legislation is explored, detailing the essential components of travel contracts and relevant laws like the Unfair Contract Terms Act. The report concludes by explaining consumer protection legislations and identifying ethical dilemmas faced by large corporations, including CSR activities. The report highlights the importance of adherence to laws and ethical practices to ensure consumer rights and promote sustainable tourism.
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Legislations & Ethics in Travel
and tourism sector
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Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Legal & regulatory framework of travel & tourism industry................................................3
1.2 Discussing laws governing air, surface & sea transport lying within legal & regulatory
framework...................................................................................................................................4
TASK 2............................................................................................................................................5
2.1 Implications of health & safety and security legislations of travel & tourism industry.......5
2.2 Analysing legislations with respect to equality.....................................................................6
TASK 3............................................................................................................................................6
3.1 Explain contract legislation in relation to travel and tourism customers..............................6
3.2 Explaining consumer protection legislations for customers of travel and tourism sector....8
TASK 4............................................................................................................................................9
4.1 Identification and analysis of ethical dilemmas of a large Corporation................................9
4.2 Analysis of CSR activities of the Corporation......................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11
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INTRODUCTION
Tourism is known as one of the leading and growing industry over the world as it
contributes more than 20% in global economic output. The world travel and tourism council
indicates that the industry is able to provide million of job opportunities to people worldwide.
Citizen Advice Bureau is the chosen organisation in the present assignment which gives advice
people to regarding money, legal, consumer and other problems (Becker, 2016). The report will
be described legal & regulatory framework of travel and tourism industry. Readers will also
come to know about implications of health and safety and security legislation. There will be also
defined several laws and legislations which implies in contracts between consumer and travel
and tourism business.
TASK 1
1.1 Legal & regulatory framework of travel & tourism industry
Due to globalisation, all business organisations are tend to expand their market areas but
to perform in ethical manner. Firm are required to follow certain laws and legislations. The area
of travelling industry is so wide as several parties are involved in it, i.e. customers, suppliers,
contractors etc. While these parties interact with each other thus legislations become important.
By considering a travel and tourism sectors, like – TUI Group: the organisation tends to focus on
quality of food and services which falls under legal and regulatory structure of travel and tourism
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industry. The main objectives of tourism legislations are – standard procedures, develop tourism
in ethical manner and implement rights and obligations regrading tourists and organisations
(Canestrino, Magliocca and Nigro, 2016).
Following are the main tourism legislations: -
Development of tourism act, 1969 – The law was introduced by British Tourist
authority which emphasised on coordination of all travel and tourism organisation. The
council has been clubbed with English tourism council and form another council which
names Visit Britain.
Transport act, 1980 and 1985 –The law has ended licensing regulations which affects
coach routes and tours of more than 30 miles. It results competition between public and
private transports. Although, termination of whole sellers de-regularised the route system
and perimits private transports to operate overall. Package travel, package holidays and package tours regulations 1992 – Under this
law, travellers have right to expect holiday which they booked. It is essential for every
tour operator to abide by the suggested regulation. This law controls obligations of
offerings tourism services in respect of customers.
Further laws are also consider in English legal system - Criminal law – It encompasses two wide categories which deals with acts of intentionally
harm of people, its like a crime of breaking a home or personal property. In addition,
criminal law not only avoids privacy and security of home residential but also looks upon
whether people are safe in their home towns or society (Caulfield and et. al., 2016).
Under travelling agencies, it is essential for service providers to look out safety and
security of places where are thinking to plan a tour.
Civil law - It deals with disputes between private parties, or negligent acts that cause
harm to others. For example, if individuals or companies disagree over the terms of an
agreement they may file a lawsuit asking the courts to decide who is right.
1.2 Discussing laws governing air, surface & sea transport lying within legal & regulatory
framework
Surface law – The international carriage of passengers by Road act, 1979 controls entire
roadways or surface of the nation. although, surface has been formulated in order to protect
passengers interest and laws while travelling. Under this law, all claims are linked with physical
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losses and damages as well as mental disorders of people. For example – losing of luggage and
other consumer things are also controlled by “Carriage by railway act 1972. However, interest of
disable people is also taken into account under this law (Cohen, 2016).
Air law – Rules linked with international carriages are formulated under The Warsaw
convention of 1929. In this, if a person dies then their family have right to claim or compensate
against injury of life. Along with this, The five freedoms agreements (1944) entails regulations
related with landing over territory of traffic, cargo and non traffic.
Sea law – Providing safety and security while shipping is also covered in this law. Sea
law also covers all environmental factors which can affect tourism activities. Sea craft more than
12 passengers must keep fire and safety and safeguarding tools are also covered under this law. It
is the obligation for International convention for safety of life at sea to develop strategies
towards damages and extent the limit as well.
TASK 2
2.1 Implications of health & safety and security legislations of travel & tourism industry
To,
The director (Mr. Smith)
TUI group
Respected Sir,
The primary objectors of legislators is to implement tourism advancement through launching
incorporate criteria of tourism activities. For this, the travelling authorities are required to
determine rights and duties of individuals who are getting involved in tourism sector. Thus,
health and safety or security are the major concerns which have to be governed. Here, the
responsibility of management to identify possible hazards so as reduces risks of accidents.
The health and safety law 1974, sets out certain implications and it is mandatory for employers
to perform their duties towards employees and public in a pervasive and ethical manner.
Guidance – it is essential for the health and safety commission to make people aware towards
various laws which can supports to comply. In addition to this, there should be also provided
technical guidance.
Approved Codes of practice – Codes entails with the frame work that is follow with law.
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Various code of practices are categorised on the basis of legal standards. Therefore, ACOP sets
out regarding working practices and hazardous materials; it leads employees' liability on breach
of contract of Health and safety law.
Regulations – Employers are obliges for safeguarding of employees' health and safety interest.
Following are the main regulations which should be considered by health and safety
associations, such -
Induction: Employees are provided proper information.
On going – Existing workers are given training so as to improve their skills.
Notices – issuing drill processes and caution signs
Handbook – publishing to staff
Advice – regular advice sessions by health and safety officers.
2.2 Analysing legislations with respect to equality
The term equality is associated with everyone should be treated in same manner. In context of
tourism industry, laws instructs tour operators to treat every visitor equally as they can easily
access to their offerings, services regardless of their age, race, gender and disability.
The equality act 1975, is formulated in order to preserve the rights of male and females
from any discrimination which are being made on the ground of sex and material status at
workplace, education etc. The law also helps in deleting inconsistencies at workplace.
Therefore, in order to reduce such kind of discriminations several other laws also has been
regulated so as to reduces discriminating, such as – Equal pay act (1970), Sex discrimination act
(1975), Disability discrimination act (1995), Employment equality (on the ground of religion,
sexual orientation, age etc.) Therefore, tour operates are required to ensure about these laws so
as to serve equality to each and every customer and improving their satisfaction level.
For example – the race discrimination (1975) was executed to protect discrimination on
the basis of nationality, race, colour, national origin and ethnicity. The Disability
Discrimination Act, 2005 was taken into consideration to eliminate unlawfulness of operators
to discriminate on the basis of a disability. Apart from this, the sex discrimination act (1975)
diminishes sex discriminations and any kind of harassment which are made in organisations
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between men and women.
TASK 3
3.1 Explain contract legislation in relation to travel and tourism customers
A contract is a legal relationship between two and more parties which is made for
exchanging goods and services; it is enforceable by law. In travelling industry every firm is
binding a contract with customers, suppliers and other stakeholders in order carry out details of
payment (Domínguez-Gil and et. al., 2018). Contracts which has been made for tourism purpose,
specific terms and conditions are attached with it, i.e. tourism destination, arrival and departure
time, cost of stay and time duration. While failure to communicate all these aspects, consumers
have right to withdraw or refuse the contract at the same time. Following are the standards which
are involved in a contract -
Offer – It is an agreement which informs the offer which is ready to accept by another
party. Offers are made by offerers for offerers. In this, there is needed presence of two
parties in which one will accept the offer. For instance – staying in a hotel room.
Acceptance – When the offeree is ready to accept offer which has been made by both
parties. By considering holiday contracts, there is briefly described about the product
details by travel agent.
Capacity – It entails with capability of individuals to enter into a contract. Capacity can
possess with majority of age, intent free of any duress, soundness of min etc. Under a
holiday contract of TUI, it is significant for individuals to cross 18 years while entering
into a contract (Higham and et. al., 2016).
Consideration – In order to retain the validity of a contract, certain specific considerations
should be done while acceptance. Without having any consideration, a contract would be
just an agreement which is not bind with law. Under holiday contract, prices of holiday
packages would decide as per the contract.
Certainty – Terms and conditions of the contract have to be very clear and equal for both
parties unless it wouldn't be valid. For instance- misinterpretation of accommodations
preferences in hotel.
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Furthermore, goods and supply contracts refers that customer expect low prices products
which are delivered with proper care and competencies. For example – when a contract has made
for accommodations then it is essential for tour suppliers that rooms shall be decent condition
which follows hygiene and cleanliness standards. Holiday contract of TUI group is stated as
under: -
The Unfair Contract Terms Act 1977 – The law concern to stop illegal activity and
maintain legality of some contract terms (Kask, Kull and Orru, 2016).
Unfair Terms in Consumer Contract Regulation 1999 - The main purpose of the this
law to prepare a place where employees and customers can easily interact with each other. In
this, two methods helps to determine unfairity of the services: -
When the term is contradicting the requirement of 'Good Faith'.
When the term is causing imbalance between both the parties.
Sale of Goods Act 1979 – It is essential for service providers to have detailed
information of services to which they are sold in market and selling must be done in monetary
consideration.
3.2 Explaining consumer protection legislations for customers of travel and tourism sector
Consumer rights and interests should be preserved under consumer protection law and
these cannot be ignored by business owners and tour operators. Although, as per the trade
description act dictates that no one can mislead indicates the prices of products, services and
accommodations services; here it is essential for managers to inspect all these aspects: -
Any false description regrading trades which are offered by the provider (Edgell Sr, 2016).
Preparation of incorrect statement about any service provision.
If tour organisers does not offer services as per the premises, then people can claim
against the firm. As if individuals are disappointed with services then they can go travel and
tourism courts to get back their rights.
Therefore, according to the consumer protection act 1987, it is responsibility of
manufacturer to provide all necessary information to visitors, i.e. products which are stipulated
by the nations, health and safety laws. The act also consider retractions regarding unfair business
practices, such as -
Supplying of poor quality goods and services
Regulation of legal authorities and define product liabilities
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Restriction of unethical prices indications.
In this manner, consumer protection act also put a control on authentic charges,
availability of room prices, applicability of right sub charges and providing services while
renting of accommodations. Apart from this, the package travel regulations ensure to resolve
misinterpretation with service providers and making necessary arrangements on the same
(Holden, 2016). It generates minimum requirement for a contract to be a holiday contract. Tour
agencies also have to take license of services which can protect customers economically, i.e.
insurance.
TASK 4
4.1 Identification and analysis of ethical dilemmas of a large Corporation
The nature of travel and tourism industry is complex or dynamic in nature, as there are
several elements still unregulated and underdeveloped. Various sectors, i.e. hospitality, logistics,
management and employment is depend on many factors which cannot be separate. In this case
study, TUI is planning to open a holiday resort in foreign countries, like - Caribbean islands. At
this time, the organisation has faced several issues and dilemmas which can affect the entire
planning process of the company (Ireni-Saban, Korkut and Herzberg, 2016). In this sense,
management is required to identify these issues and develop strategies so as to overcome from
them; implementing a code of ethics is really beneficial to deal with problem.
Along with this, TUI group also have to get overall information about the place from
where it wants to explore its business and the same information should be also provided to
travellers. Management and service providers should also behave in ethical manner and adhere
all political terms and conditions of a country in which it will operate. There should be consider
utmost care of environmental aspects of Caribbean sea by implementing environmental policies.
It is taken into account at priority in list of code of ethics of the firm.
In different nations, government has formulated their own laws which are differ from
another country. These governmental bodies are also prepare laws towards women rights and
safety at workplace and giving them equal opportunities to train and work within organisation
(Kask, Kull and Orru, 2016). Sometimes, it has viewed at British women are being discriminated
at work areas in terms of doing ant technical task or activity. Therefore, TUI group is required to
make sure that all laws and legislations fulfil in a systematic and ethical manner; they does not
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do any illegal activity which can harm the market image of the firm. Even, they don't have any
right to force employees to migrate or switch any places in order to perform their task. It will be
done in an ethical way and all decisions should be taken by worker individually.
4.2 Analysis of CSR activities of the Corporation
The core concept of corporate social responsibility is to fulfil certain obligations towards
society and environment in which a firm operates. It is essential for every company to acquire
certain social strategies in order to serve effectively in a community and win trust of customer.
CSR encompasses with various responsibilities, such as implementing sustainable
development, equal opportunities and environment protection. Administration of TUI group
connect with societies and local communities and recognise their issues and problems which are
being faced by people.
Along with this, tour operators also have to set their own objectives in order to conserve
heritage, cultural, environmental and social valuables so as to provide social responsibility. Then
these objectives have to be linked in philanthropy for charity purpose. Corporate social
responsibilities of TUI associated with giving more protection towards endangered wildlife and
promote rates to travel and tourism business by considering social and cultural values of
customers. In order to fulfil this obligation, tour providers are required to engage employee and
funds for charitable intent only. Due to globalisation, delivering social responsibilities helps an
organisation to sustain for long term in society and its betterment. In this case study, TUI group
is the first which generate the concept of opening holiday resorts in other countries at lower costs
so as to promote social liabilities (MacKay, 2016). The firm has flourished detached code of
conduct as per its organisational cultural; it will highly contribute in growth and betterment of
local communities. Recently, the organisation has launched one million heats programme thus to
improve the relationship between customers and employees. It also developed certain policies in
order to reduce wastage by 35% . Furthermore, TUI also sets a ten year plan to make a well
developed and effective society, for this various steps are undertaken, such as – employee
involvement, customers campaigns i.e. travellers foundations and increasing funding.
CONCLUSION
From the above mentioned report, it get concluded that legislation and laws has an
imperative role to run any industry effectively and smoothly. In this present aura, travelling
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industry is booming up at vast level; Britain is ranked at 7th over the world in respect of number
of visitors and spending. Thus it is essential for tour operators to follow all laws and regulations
thus to deliver higher satisfaction level to visitors and they can travel safely. The report has
stated, equality act tends to promote equality at workplace.
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REFERENCES
Books and Journals
Becker, E., 2016. Overbooked: the exploding business of travel and tourism. Simon and
Schuster.
Canestrino, R., Magliocca, P. and Nigro, C., 2016. Understanding medical tourism within the
field of neo-institutionalism: an ethical insight. International Journal of Environment
and Health. 8(1). pp.76-99.
Caulfield, T. and et. al., 2016. Trafficking in human beings for the purpose of organ removal and
the ethical and legal obligations of healthcare providers. Transplantation direct. 2(2).
Cohen, G., 2016. Medical Tourism for Services Legal in the Home and Destination Country:
Legal and Ethical Issues. Bodies Across Borders: The Global Circulation of Body Parts,
Medical Tourists and Professionals. p.173.
Domínguez-Gil, B. and et. al., 2018. Management of patients who receive an organ transplant
abroad and return home for follow-up care: recommendations from the Declaration of
Istanbul Custodian Group. Transplantation. 102(1). pp.e2-e9.
Edgell Sr, D. L., 2016. Managing sustainable tourism: A legacy for the future. Routledge.
Higham, J. and et. al., 2016. Climate change, tourist air travel and radical emissions reduction.
Journal of Cleaner Production. 111. pp.336-347.
Holden, A., 2016. Environment and tourism. Routledge.
Ireni-Saban, L., Korkut, U. and Herzberg, B., 2016. “Think Globally, Act Ethically”: Towards
Normative Assessment of Fertility Tourism Regulation in Europe. International Journal
of Humanities and Social Science Research. 2. pp.114-124.
Kask, S., Kull, T. and Orru, K., 2016. Understanding of sustainable tourism among Russian
tourism managers. European Journal of Tourism Research. 14. pp.101-105.
MacKay, D., 2016. Patients with Passports: Medical Tourism, Law, and Ethics by I Glenn
Cohen. Kennedy Institute of Ethics Journal. 26(3). pp.e-1.
Martin, D. E. and et. al., 2016. Prevention of transnational transplant-related crimes—what more
can be done?. Transplantation. 100(8). pp.1776-1784.
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