Analysis of Legal, Ethical, and CSR Frameworks in Travel and Tourism

This report examines the legal and ethical frameworks governing the travel and tourism sector, with a specific focus on the UK context and the operations of Thomas Cook. It begins by outlining the legal and regulatory landscape, including the Development of Tourism Act, transport acts, and package travel regulations. The report then delves into the specifics of surface, sea, and air transport law, addressing passenger carriage and liabilities. A significant portion of the report evaluates the impact of health, safety, and security legislation, emphasizing the roles and responsibilities of employers and employees. Furthermore, it defines legislation related to equality, referencing Thomas Cook's practices and addressing different forms of discrimination. Finally, the report explores ethical dilemmas faced by the travel and tourism sector and examines corporate social responsibility policies, providing a comprehensive overview of the industry's legal and ethical dimensions.

LEGISLATION AND ETHICS
IN TRAVEL AND TOURISM
SECTOR

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1 ...........................................................................................................................................1
1.1 Description on legal and regulatory framework of travel and tourism with reference to
England and Wales. ....................................................................................................................1
1.2 Discussion on surface, sea and air transport law towards carriage of passengers within
legal and regulatory framework within UK.................................................................................3
TASK 2 ...........................................................................................................................................4
2.1 Evaluation on the impacts of principle of health, safety, security legislation on travel and
tourism. .......................................................................................................................................4
2.2 Define legislation that relates to equality with references to Thomas cook. ........................5
TASK 4............................................................................................................................................1
4.1 Ethical dilemmas faced by the travel and tourism sector......................................................1
4.2 Corporate Social Responsibility policy of Thomas Cook Discovery ...................................2
REFERENCES................................................................................................................................4

INTRODUCTION
Tourism enterprise contributes frameworks that governs the travel agencies, travel
entities and airports. Health, security legislation and safety focuses mainly over possible hazards
in travel and tourism sector 1. Therefore, this is a process that inclusive of the environment
protection, employee rights, planning, consumer protection etc. Hence, formulation of the legal
and regulatory frameworks aids to have sustainable development and management of tourism
and also supports to have conservation of natural and cultural resources. It is also effective as it
brings roles and responsibilities for the all stakeholders, ensures rights towards international
tourist, inbound-outbound tour operators and other concerned players in tourism industry. The
main aim of travel and tourism industry is to facilitate smooth functioning of the tourism
activities.
The present report is based on the business activities of Thomas cook and it deals with
travel and tourism sector. It is British global enterprise engaged in travel and tourism sector.
Hence, this assignment will cover the following things as legal and regulatory framework
in context of England and Wales, evaluation on the impacts of principles of health, safety and
security legislation, description on contract legislation to travel and tourism and to define the
ethical dilemmas and corporate social responsibility towards travel and tourism sector.
TASK 1
1.1 Description on legal and regulatory framework of travel and tourism with reference to
England and Wales.
Tourism industry involved with large operational activities. It is connected with sellers,
suppliers, business enterprise, consumer contracts and hospitality so on. Although, there is no
kind of legal and regulatory framework in British system. Thus, legal procedures are needed to
be framed in order to protect the rights of consumer in British tourism.
1
Ram, Y., 2018. Hostility or hospitality? A review on violence, bullying and sexual
harassment in the tourism and hospitality industry. Current Issues in Tourism. 21(7).
pp.760-774.
1

Hence, legal framework defined as system of rules that governs the decision making
whereas regulatory framework aids to enforce the codified legislation. Furthermore, tourism
legislation will involve the following as-
Development of tourism act 1969- This is introduced by the British tourist authority and this
mainly considers on co-ordination the entities involved in tourism industry. Therefore, British
tourism authority will be clubbed with English tourism council that aids to form visit Britain.
Transport acts 1980 and 1985- It is the act of 1980 that terminated under the licensing laws and
it will be affected by the catch roots and tours of over 30 miles. In addition to it, enhancement in
the competition between the national bus and private buses to operate all kind of routes.
Package travel, package holidays and packages tour regulations 1992- It is legislation that
aims towards establish the responsibility of tour operators to the consumer and remedies that
avail to customers. Therefore, it can be stated that every tour operator needs to abide by the
suggested regulation so that each things can be done in the better mode 2.
Hence, the primary objectives of the tourism legislation were defined as-
 Standards procedure
 To take steps to develop tourism activities in regulated manner.
 Establish right and obligation of people and enterprise involved.
Regulations that can affect the tourism laws of countries namely as-
 Health and safety commission- It is one of the effective term that requires modifying of
laws and regulation in terms to safety.
 International air transport association- Tourism laws facilitate establishing the
policies and standards for the tourism sector of the country. This is very important to
abide by the laws and legislation to have smooth operation in tourism sector.
 Strategic rail authority- It is one of the effective that divides the railway sector into
namely rail track and rolling stock companies.
 Civil Aviation authority- This is term that is related with updating the rules and
regulations in relation with the usage and aviation safety.
2 Sheehan, M., Grant, K. and Garavan, T., 2018. Strategic talent management: A macro and
micro analysis of current issues in hospitality and tourism. Worldwide Hospitality and
Tourism Themes. 10(1). pp.28-41.
2

1.2 Discussion on surface, sea and air transport law towards carriage of passengers within legal
and regulatory framework within UK.
Athens convention stated carrier as person and they get involved in the contract of
carriage with a carrier. Herein, the loss and damage can be results in the pecuniary loss. As per
the article 3 convention following the regarded liability as-
Surface law- International carriage of passengers by road act 1979 governs with said surface
laws of the country. It is effective term that formulates and protects passengers that board on
carrier permission. In addition to it, surface rights refers to those ownerships that has right in
parcel of real estate and that can be limited to the surface. This is the act that also provides
remedies to claim under the present legislation and that is also inclusive of the legislation as
physical/mental disorders or damage on the passengers travelling on the carrier. In case if there is
loss of luggage than it can be governed by the carriage by the railway act. Furthermore, Railway
privatization put their consideration on contributing towards the development and integrating
commodities passengers. It is also effective in terms to safeguarding the interest of disables
person abroad.
Sea law- It is the international law that is formulated by the United nations and this also ensures
to safeguard the safety and security of shipping. This is also regulating the environmental factors
Involves with the functioning of the ships 3. Therefore, International conviction for the safety of
life at sea also regulates the functioning of the fire protection measures, fire fighting skills of
crew members and lifesaving equipment to the sea craft with the minimum of 12 passengers. If
any passengers suffers with the damages than it will be governed by the Athens conviction,
1974. Therefore, the protocol of the 2002 makes it compulsory to insure the passengers travel by
ships for the certain time. It is also helpful in terms to enhance the limits of liability.
Air law- It is the law that involves the various legislations. Therefore, it defines the international
carriage and also lays down the rules in relation to the documents of carriage. In this, passengers
gets the rights to claim for the compensation in terms to death or personal injury. Under it,
luggages of the passengers check at the beginning of the journey. Therefore, there are mainly
five freedom agreement of the 1944 includes regulation relates with the territory without the
3 Gopalan, N., Nor, S.N.M. and Mohamed, M.S., 2018. Global Human Embryonic Stem
Cell Laws and Policies and Their Influence on Stem Cell Tourism. Biotechnology Law
Report. 37(5). pp.255-269.
3

landing for non-traffic purpose, mail or cargo, putting down the passengers and destined for the
territory. However, Denied boarding compensation schemes of 1997 mainly aims at the raising
the protection standards for air passengers and also ensure about the harmonized operations of
the carriers.
TASK 2
2.1 Evaluation on the impacts of principle of health, safety, security legislation on travel and
tourism.
This is the legislation that is regulates the development of tourism with help of
introducing the practices of tourism and also determine the rights and obligation of person
involved in tourism industry. In addition to this, it can be stated that health, safety and security
legislation mainly governs the possible hazards. This is one of the specific terms that sets out the
responsibility of employers and employees. They work as to check hazards and also takes
initiatives to minimise the risk of accidents. Hence, employers and employees plays crucial role
in order to maintain the safety of the enterprise. Furthermore, the main motive of the health and
safety is to make sure about the working environment that is safe and free of harm. Under this, it
is the duty of employers to provide safety to the employees from the personal injury. Under the
tourism sector any nation mainly aims to provide the safe accommodation and services with help
of setting out the duties and liabilities of the destination authorities and travel providers.
Health and safety policies sets out the regulations and directives making this all acts
mandatory for employees to perform the duties towards the employees. This is the act that is
taking various initiatives in order to review the laws and also initiates research activities at time
its required. Therefore, it is the law that mainly considers the following three points as-
Guidance- Health and safety commission needs to make the people aware about the legislation
and to helps to comply with them as well. Technical guidance can be given by considering the
provision of the legislation.
Approved codes of practices- It is defined as code that laid down the structure that practically
comply with the laws. It also supports to sets out the code for the hazardous materials and
working practices. This is the term that leads to meet out with the employer's liability on the
grounds of breach of law in terms to health and safety law. However, it has been stated that
failure to follow this act will not cover under offence and there are many certain regulation that
4

can be imposed with the help of HSE by undertaking the approval of parliament. In addition to it,
employers duties under the ACOP defined in following manner as-
 providing the facility of Heating and lighting
 First aid provision
 Accident prone work environment
Therefore, the duties of employees under the ASOP defined as-
 To prevent the accidents
 Report potential or actual hazard activities
 To attend sessions of training.
Regulations- This is employers responsibility in order to safeguard the health and safety interest
of employees. It has been stated that if the enterprise employs more than the 5 staff then the
written code for the health and safety must be issued 4. Therefore, there re number of the
enterprises that conducts the workshops and training sessions with the help of specific business.
Hence, training may included the following terms as are-
 Induction- The general information must be given to the new employees.
 Ongoing- In this, existing staff need to give the training with use of innovative skill on
the equipment.
 Notices- It aids to ensure drill procedures and signs of caution.
 Advice- To provide sessions about the safeguards by the health and safety officers.
 Representative- To develop the role of health and safety representative.
2.2 Define legislation that relates to equality with references to Thomas cook.
The term "Equality" defined as that everyone in the enterprise shall be treated equally.
Therefore, the tourism industry must instruct the tourism providers to treat everyone effectively
and making access to the goods, services. The main aim of this is not to make any discrimination
on the basis of age, gender, race and disability 5. Therefore, in order to sustain the better working
4 Ram, Y., 2018. Hostility or hospitality? A review on violence, bullying and sexual
harassment in the tourism and hospitality industry. Current Issues in Tourism. 21(7).
pp.760-774.
5 Koburtay, T., Syed, J. and Haloub, R., 2018. Implications of Religion, Culture, and
Legislation for Gender Equality at Work: Qualitative Insights from Jordan. Journal of
Business Ethics, pp.1-16.
5

practices it is crucial to Thomas cook enterprise to treat each employees in the equal manner.
However, discrimination can be stated as an act of refusal of service and that also providing
lower grade of service that offers services on the worse terms.
In addition to it, this also can be stated that equality act of 2010 defines that equal treatment to
each employees aids to streamlined the operations of working enterprise. Therefore, there are
number of the act as Employment Equality Regulations, 2003, Equal Pay Act, 1970, Sex
Discrimination Act, 1975, Race Relations Act, 1976, Employment Equality Regulations, 2006
Equality Act, 2006, Equality Act Regulations, 2007.
There are differed kinds of different kinds of discrimination defined in following manner
as-
 Direct- In this, law has to treat the person unequally.
 Indirect- There are group of person who is mistreated and also kept them from providing
the certain facility.
 Perspective- Under this, individual uses to be discriminated on the basis of distinct
character 6.
 Harassment- In this, individuals are the victim of an unwanted behaviour in terms to the
explicit denial. It is also regarded as the third party harassment.
 Disability- In this, discrimination is needs to be done on the dysfunctional body. This is
term the term that is regarded as the discrimination on the basis of disability.
TASK 3
3.1 Contract legislation in relation to travel and tourism customers.
A contract is the legal agreement between two parties that will operate in a significant manner
and agree over certain conditions and service factors. Both, customer and service provider
will look after it in an equal legal consideration. Various contract legislation is taken in
consideration by the travel and tourism service provider enterprise, Thomas Cook Discovery
Store. These legislations will help in improving the setting up a contract and establishing a
proper goal which will help in suitable rise in operational capability of organisation. This
6 Hughes, E. and Scheyvens, R., 2016. Corporate social responsibility in tourism post-2015:
A development first approach. Tourism Geographies, 18(5).pp.469-482.
6

will assist in rectification of significant challenges that are faced by the organisation. Some
major contract laws and legislations that are undertaken by the organisation are:
7

Development of
tourism Act, 1969:
This will help in
placing a suitable
policy and action plan
that are carried out by
the organisation in a
significant manner. In
UK, this law will lay a
significant emphasis
on the operations and
execution measures
which are carried out
by the organisation
this will help in
proper rise in the
setting up of the
activities and
establishing a contract
in a significant
manner. It will not
only support the
chosen enterprise,
Thomas Cook
Discovery Store to
Transport Act, 1985:
This will include the
contract related to
transportation and
delivering of the
services in a
significant manner.
The firm will look
after the proper
handling of the
service measures and
facilities related to
wagon, cars, bus, train
coaches or even a
cargo ship, cruise and
flight. This ensures
that the quality
transportation
measures which are
undertaken by the
organisation are
effective in nature and
are met in order to
carry out proper
development of the
Civil Aviation Act,
1982: This is a UK
based legislation
measures which are
undertaken by the
organisation to carry
out the aviation and
flight related services
in an effective way7. It
involves certain
reforms and
improvements which
will help in carrying
out of the service
measures and setting
up of aviation based
contract between
customer/ traveller
and service provider
firm.
Goods and service
Act, 1988: Goods and
service measures will
help in proper
assessment and
carrying out of the
operation and thus,
facilitates a good rise
in the quality of goods
and services that are
promised under the
contract by the travel
and tourism service
provider. Any form of
deceit and cheating
may lead to dissolving
of contract, impacting
revenue and goodwill
of organisation in
market. As the level
quality related to
products and services
will be met and
maintained customer
satisfaction level will
7 Kala, N. and et.al., 2017. The world tourism organization for countering terrorist
threats. JE Asia & Int'l L.. 10. pp.549.
8

develop innovative
products and services
but also improve the
quality of sales and
operations which are
carried out by the
firm. It leads to
development of a
positive and
significant contract on
the operational level.
transportation
measures in a
significant manner.
increase to a greater
extent.
3.2 Consumer protection legislation in relation to travel and tourism customers8
A wider range of consumer protection acts and measures are undertaken in consideration by the
firm. This legal operations and actions that are carried out of the operations in a significant
manner to ensure the customer safety. All these factors will include certain legal measures
and operations which are as follows:
Goods and service
Act, 1988: As
discussed above this
act will look after the
proper delivering of
the high quality
products and services
to the customers
which will help in
proper planning of the
service measures
Consumer
protection Act, 1987:
This act provides a
wholesome cover to
the customer against
any sort of risk factor
that is been carried
out by the
organisation. This will
help in proper
planning of services
Trade description
act, 1968: It is similar
to the consumer
protection act, 1987
but includes the
proper assessment of
the risk factors
associated with
products or services
which are carried out
by the organisation.
Aviation Security
Act, 1982: As the
name suggests, this
legal obligation
provides a significant
protection to customer
against the threats in
the aviation industry.
This measure will
help in setting up of
the protection of
8 Faure, M.G. and Arsika, I., 2015. Settling disputes in the tourism industry: The global
code of ethics for tourism and the world committee on tourism ethics. Santa Clara J. Int'l
L.. 13. pp.375.
9

which will help in
suitable rise in
operations which will
help in significant rise
in operations that are
undertaken within the
organisation. As the
high quality products
or services will be
delivered by the travel
and tourism activities
that will help in
improving the quality
and customer
satisfaction level. On
the other hand, it will
prohibits the
delivering and
manufacturing of
goods that can tend to
be harmful for the
organisation.
and help in improving
the quality of services
which will help in
meeting the needs and
demands of
customers. Any sort
of wrong and
misleading
information may
affect the overall
operations of the
organisation and may
cause the customers to
disdain the company
and its products or
services affecting
their productivity and
revenue generation.
Hence, the false
claiming travel agents
are required to be
avoided by the
organisation.
This will help in
proper rise in
operational measures
which are carried out
by the organisation. It
will help the customer
to gain a protection
against misleading
claims and offers
made by travel and
tourism enterprises to
their customer base.
customer in the flight
or air plane. This
ensures the
monitoring and
following of the
quality standards and
regulation which are
carried out by the
organisation. This will
help in improving the
quality of services to a
greater extent. Other
than this, it will help
in improving the
safety standard and
setting up of secure
measures in an
effective way. This
will help in
safeguarding the
consumers from
hijack, crash or other
air borne accidents.
10