Analysis of Legislation and Ethics in Travel and Tourism: A Report

This report provides a comprehensive overview of the legal and ethical frameworks governing the travel and tourism sector. It begins by explaining the legal and regulatory environment, including criminal and civil law, and the roles of key regulatory bodies like the Health and Safety Commission and the Air Transport Association. The report then delves into specific transport laws for surface, sea, and air travel. It evaluates the impact of health, security, and safety legislation, such as the Data Protection Act and the Health and Safety at Work Act, and analyzes UK legislation related to equality. Furthermore, it explains contract and consumer protection legislation relevant to travel and tourism customers. The report concludes by analyzing ethical dilemmas faced by the industry and examining the corporate social responsibility of Marriott hotel as a case study, providing a holistic view of legal and ethical considerations in the travel and tourism industry.

Legislation and
ethics
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TABLE OF CONTENTS
Introduction......................................................................................................................................3
Task 1 ..............................................................................................................................................3
1.1 Explain the legal and regulatory framework of travel and tourism sector.............................3
1.2 Discuss surface, sea and air transport law to the carriage of passengers within legal and
regulatory framework...................................................................................................................5
Task 2...............................................................................................................................................6
2.1 Evaluate the impact of health, security and safety legislation on travel and tourism sector. 6
2.2 Analyse the legislation of UK government related to equality..............................................7
Task 3 ..............................................................................................................................................8
3.1 Explain contract legislation related to travel and tourism customers ...................................8
3.2 Explain consumer protection legislation related to travel and tourism customers................9
Task 4.............................................................................................................................................11
4.1 Analyse ethical dilemmas faced by the travel and tourism sector.......................................11
4.2 Corporate social responsibility of Marriott hotel.................................................................12
Conclusion.....................................................................................................................................13
References......................................................................................................................................14
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INTRODUCTION
In today's competitive world, it is necessary for business organization to maintain their
business activities in a legal manner. For that, they needs to adopt the laws and regulations of
government related to supply of goods and services, health and safety, sex discrimination,
consumer protection and equity (World Health Organization., 2010). The adoption of these laws
in beneficial for company to crate their positive image towards public along with enhancing the
growth of their business in legal and ethical manner. In this manner, the present report describes
about the legal and regulatory framework of travel and tourism sector. With this, it describes the
laws which should be followed by travel industry into surface, air and sea transport.
Furthermore, this report includes the description of laws related to health and safety, equality and
consumer protection. With this, it defines the ethical dilemmas faced by travel and tourism
industry along with the importance of corporate social responsibility in this sector. For better
understanding, Marriott hotel has been selected.
TASK 1
1.1 Explain the legal and regulatory framework of travel and tourism sector
Now days, tourism is one of the leading and growing sectors worldwide. In United
Kingdom, there are so many tourist destinations which receive millions of tourists every year.
Further, tourists can enjoy so many choices when they travel in United Kingdom. Increment in
the variety of choices also leads to increase in the potential problems that are related to travel and
tourism sector (Ferrell and Fraedrich, 2014). These issues are related to health, safety, security,
abuse, crime, human rights, discrimination, data protection, equality and fair trading. To
overcome these problems, there is an English legal system that is designed by the government of
UK which consists of number of laws, legislation and regulations in order to ensure the safety of
nation and society. English legal system consists of two types of laws which are as follows:
 Criminal law: It includes the rules and regulations in order to control the major crimes
such as murder, bribery, embezzlement and robbery. These types of crimes put their
impact on the safety and health of human beings (Wilks, Stephen and Moore, 2013).
Further, criminal cases are handled by the judge of Magistrates court.
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 Civil law: It includes the rules and regulations related to handle non-criminal cases.
According to this law, one party can get the help of court in order to claim damages for
their personal and private loss (Larson, 2014). The judge of county court is responsible
for hearing these types of cases.
Further, these two types of laws help the court to take their decisions in order to provide
the justice to innocent party. In United Kingdom, there are several courts which are responsible
for hearing the cases along with taking decisions according to the situations. These courts are:
 Supreme Court
 Magistrates court
 High court
 Crown court
 Court of Appeal
 County court
Furthermore, the court enforces laws in a fair manner in order to resolve the disputes. In
court, the main judge is responsible for taking the decisions after considering the evidence and
proof (Bartlett and Rhode, 2006). With this, judges are free to adopt the sources of law in order
to provide legal decision. These sources of laws are EU law, legislation and previous case law.
In accordance to legal framework, there are following laws and legislation that need to be
followed by the management of organizations that are operating in travel and tourism sector. In
this industry, businesses takes place in between two or more countries so that involvement of
laws is necessary to ensure the welfare of tourists, visitors, nation and society (Larson, 2014).
Legal framework includes several legislations such as heath and safety act, human right act, data
protection act, occupier’s liability act, employment protection act and anti-discrimination act.
However, as per the regulatory framework, there are so many regulatory bodies in United
Kingdom which are responsible for ensuring the level of safety and security in tourism and travel
sector along with monitoring the performance of organization working in this industry.
Description of the roles of these bodies are as follows:
Health and safety commission: It is one of the leading professional bodies in UK which works
on the principles of health and safety act (Wilks, Stephen and Moore, 2013). This commission is
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responsible for monitoring the performance of organizations in order to ensure the health and
safety of customers and human resources in travel and tourism sector.
Strategic Rail Authority: It is a professional body in UK that works under the transport act
2000 and focuses on providing proper guidance to railway industry. Along with this, it is focused
on enhancing the level of railway services in order attract number of tourists.
Air Transport Association: Main aim this asocial is to monitor the business practices of airlines
operating in UK in order to enhance the level of air services and reducing its impact on the
environment as well as society (Colgan and et. al., 2007).
Association of British Travel Agents: Main purpose of this association is to increase the level
of standards in travel industry by rendering proper guidance on the issues of sustainability as
well as health and safety.
International Air Transport Association: It is an international association that supports to
enhance the level of airline activities in over the world (Bartlett and Rhode, 2006). Along with
this, it works is to set standards and making industry policies for the betterment of airline
industry.
1.2 Discuss surface, sea and air transport law to the carriage of passengers within legal and
regulatory framework
Surface transport: The law related to surface transport are Road Act 1974 and Railway
Act 1993. The road Act describes about the liability of driver and vehicle owner. With this, it
includes the cases which are conducted by the drivers related to general, alcohol, police and
accident offence (Ferrell and Fraedrich, 2014). Further, the Road Act ensures that company is
using the safe vehicle or not. On the other side, Railway Act ensures the safety of passengers in
railways by maintaining the services that are provided by rail administration. This Railway Act is
considered by Strategic Rail Authority that is the most important regulatory body in United
Kingdom which maintains the safety in surface transport (Wilks, Stephen and Moore, 2013).
Further, in surface transport, the regulatory bodies such as Health and Safety Commission and
Association of British Travel Agents are responsible for avoiding the discrimination and for
ensuring fair using of surface transport.
Sea transport: The laws and regulation designed by the government of UK are related to
sea transport in order to ensure the protection of sea animals, shipping and nature. In UK,
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Maritime and Coastguard is a regulatory body which is focused on providing environment
friendly along with effective and safe maritime transport (Bartlett and Rhode, 2006). Further,
International Maritime organization is also a professional body which is related to sea transport
that is focused on maintaining the loss of sea animals, sea products and environment. With this,
the government of UK influences travel organization to use the safe shipping system in order to
maintain the safety of tourists and sea animals.
Air transport: It includes the laws of government in order to maintain the safety of
tourists in air along with providing them better services related to air connectivity. With this, it
includes the rules and regulations related to criminal offence of hijack and terrorist attack. In
United Kingdom, the regulatory bodies such as Air Travel Operators Licensing, Civil Aviation
Authority and International Air Transport Association are responsible for providing better
choices and services through Air transport along with ensuring the rights of tourist’s related
safety and security (Siegel, 2006). Further, these types of organizations influence the travel
company to use better vehicles and fuels in order to reduce air pollution along with maintaining
the safety of atmosphere. Moreover, regulatory bodies help the organization to maintain fair
competition in order to expand their business.
TASK 2
2.1 Evaluate the impact of health, security and safety legislation on travel and tourism sector
In travel and tourism sector, there are so many issues which put their impact on the safety
and security of human beings. To overcome these issues, there are various laws and regulations
that are designed by the UK government. These laws are as follows:
Data Protection Act 1998
According to this law, the management of company is responsible for protecting the
personal data of tourists, customers and employees. With this, it includes some professional
principles in order to maintain the protection of information and data (Larson, 2014). With this,
this law defines that the travel company is not liable to use personal data for any other purpose.
In the case of illegal use of information and data, the injured party can take the help of court in
order to claim damages. Furthermore, this act influences the travel agent to ensure the accuracy,
fairness and efficiency of data that is collected by them.
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Health and Safety at Work Act 1974
According to the law of United Kingdom, this act is related to maintain the safety and
security of human resources at workplace. This law describes the general duties and
responsibilities of management, employees, managers, suppliers and workers related to
reasonable care in order to ensure the safety at workplace (Health and safety Act at workplace,
2015). According to this law, it is the main liability of company to maintain relation with their
employees along with understanding their need and problem in order to consider their rights.
This law describes that human resources are eligible to claim damages in the situation where
company is not able to provide satisfactory performance. Further, this law implies that it is
essential for the business entity to provide equal opportunity to all employees (World Health
Organization., 2010).
Moreover, health and safety act influences travel company to ensure the use of best
quality of fuels, safe vehicles, effective accommodation, better food and providing correct
information to tourists. With this, this law states that company needs to maintain the safety of
their equipment and systems along with effectively handling of resources (Wilks, Stephen and
Moore, 2013). Further, it is focused on providing right information to visitors related to tourist
destination, accommodation, transportation, food and other services.
Occupiers Liability Act 1957
This law describes the liability of occupiers related to safety and duty of care for visitors.
According to this law, occupier is responsible for fulfilling their promises along with avoiding
the chances of harm (Ferrell and Fraedrich, 2014). In the present context, the occupier is the
travel company which is responsible for identify the dangerous substances to maintain the
security of tourists. Further, this law describes the duties of manager in order to provide safe
environment to their staff members. Provision of this Act gives the power to occupies in order to
restrict, modify, exclude and extend their duties related to visitors (Jensen, 2005).
Above describes Acts are the major laws which are focused on the safety of human being from
the criminal offence.
2.2 Analyse the legislation of UK government related to equality
Legislation and laws related to equality are as follows:
Employment Protection (Consolidation) Act 1978
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According to this law, it is essential for company to set their policies by considering the
rights and needs of employees. This law describes the basic rights of employees related to
working hours, salary, leaves, unpaid holiday pay and incentives (Colgan and et. al., 2007).
Further, it includes the provision of notice period, probation period and promotion period. This
Act is the main part of UK labour law which ensure the effectiveness of company's labour
policy.
Sex discrimination Act
According to this law, it is necessary for company to avoid discrimination related to
protected characteristics at the time of recruitment, training and disposal of premises. This law
influences organization to provide equal opportunity to their all employees of any age and gender
(Sex discrimination Act, 2015). If, there is any discrimination related to sex happens at
workplace, then employees can take the help of court by considering this law of sex
discrimination.
Disability Discrimination Act 1995
This act is now replaced by the Equality Act 2010. According to this Act, company needs
to avoid the chance of disability discrimination at workplace along with providing the equal
opportunity to all candidates (Bartlett and Rhode, 2006). This law states that, it is an unlawful
element to treat less favorably to disabled people by service providers. Further, this law is
focused on arranging the reasonable adjustments in order to provide services to disabled people.
Race Discrimination Act 1976
This law describes to prevent the factors of discrimination in employment, public
function, education and distribution of goods plus services. According to this law, business entity
needs to avoid the factors of discrimination related to race, national origin, ethnic, culture, color
and religion (Colgan and et. al., 2007). It is unlawful element to treat badly and differently to
individuals on the basis of their color, religion and national origin. According to this law, to
refuse someone to serve on the basis of race discrimination comes into the civil offense.
Human Rights Act 1998
According to this law, it is essential for public and private organizations to treat equally
with their all employees and customers. This law describes about the basic rights of human being
(Wilks, Stephen and Moore, 2013). According to this right, every human must be treated with
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respect, fairness and dignity. Further, it includes the procedure of avoiding the chance of
discrimination related to young, old, rich and poor at the time of treating with anyone.
TASK 3
3.1 Explain contract legislation related to travel and tourism customers
Contract plays a very crucial role in business management which bounds the business
activities in legal manner. Contact is the agreement between two parties surrounded by law
which influences them to fulfill their obligations and responsibilities (Singh and et. al., 2010). In
travel and tourism sector, it is very essential to follow the rules and regulation of government in
order maintain business activities in legal and ethical manner. Further, it is also essential to adopt
the concept of making contract in order to avoid the chance of loss and abuse. In this manner, the
contract legislation related to tourism and travel customers are as follows:
Contracts for supply of goods
It includes the conditions and terms under which an organization will produce and supply
products to another. This contract also includes the terms related to product quality, price, date of
order, delivery date and service charges (Larson, 2014). This contract takes place between two
companies in order to provide the delivery of products and services on time along with the
quality defined at the time of making contract. According to this contract, one party can claim
damages in the situation, if other party is not able to fulfill their promises or refuse to fulfill it.
Contracts for provision of services
This contract includes the services which are provided by the travel and tourism industry
such as food, accommodation and transportation. According to this contract, it is essential for
travel company to provide the right information to their customers related to their services (Singh
and et. al., 2010). Further, it influences company to maintain their quality of services along with
providing the better services to their customer defined at the time of purchasing. With this, it
assists company to avoid the use of fake advertisement to misguide people.
Contracts related to package holidays
The holiday package is the combination of all services such as food, accommodation,
and transportation which is organized by travel agents in order to gave the facility of traveling at
new destination. According to this law, it is essential for travel company to include
accommodation and transportation in their holiday package. Before making holiday package,
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company needs to ensure the issues of different countries related to the safety and security of
individuals (Jensen, 2005). Further, holiday organizers must not offer any descriptive things to
their customers which can create confusion and negative consequences. According to this law,
travel agency also needs to provide additional information to their customers in their holiday
package which are related to alcohol sailing, lost and fund, supply of goods and personal injury
(Ferrell and Fraedrich, 2014).
3.2 Explain consumer protection legislation related to travel and tourism customers
There are following legislation in UK government which provides the protection to
customers at the time of traveling. These are as follows:
Trades Description Act 1968
According to this law, it is necessary for service providers and retailers to provide the
right information to their customers. In travel industry, this information is related to holiday
package, their price, transportation, accommodation and quality of services (Bartlett and Rhode,
2006). This law describes that, it is an unlawful process to provide the fake information to
clients. Further, this law defines that all the equipment, systems, land and building used by the
business must be legal.
Consumer Protection Act 1987
This law provides protection to consumers from the defective products and services.
According to this law, company will be liable to pay damages and remedies in the case of any
defect in their products and services (Consumer protection Act, 2013). Further, this law
influences firm to provide correct information to their consumers related to price. This law
implies that providing misleading indication of price is a criminal offense.
Moreover, consumer protect act provides the power to government in order to regulate
the security and safety of consumer product along with taking the major decisions in the case of
defective products (Siegel, 2006).
Package Holidays and Package Tours Regulations 1992
According to this law, it is the main liability of holiday organizers to provide right
information in their brochure. It is essential for them to include the whole information of holiday
package in their contact. This information are related to hotel, restaurant, tourist destination,
prices, extra service charges, quality of services and safety precautions (Larson, 2014).
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According to this law, there must be a written contract in between the customer and travel agents
along with the copy of contract must be given to customers. Further, it is a criminal offense
which is related to include the descriptive matters in holiday package which leads to
misunderstanding and confusion.
Moreover, the brochure of holiday package should be prepared in systematic and accurate
manner in order to easily understand the customers. With this, it is also necessary for travel agent
to adopt the legal methods related to passport and visa of customers (Wilks, Stephen and Moore,
2013).
These are the legislation and laws of government which provides the fully protection to
consumers at the time of traveling from one city to another or one country to another. In travel
industry, it is essential for travel agents and holiday organizer's to fulfill their general duties and
responsibilities related to the safety of individuals, nation and society (Ferrell and Fraedrich,
2014). Further, it is also necessary to adopt the concept of equality in order to providing equal
services to all along with avoiding the chance of discrimination and conflict. Further, in travel
industry, the safety of consumers in depend upon the quality of food, effective accommodation
and safe transportation.
TASK 4
4.1 Analyse ethical dilemmas faced by the travel and tourism sector
The travel and tourism industry is one of the growing industry of the world. It is
important for every small, medium and large businesses in the industry needs to follow ethical
codes and dilemmas (Weeden and Boluk, 2014). Thus, it is also essential for Marriott hotel to
ensure that the met the ethical dilemma. Some of the dilemma encountered by industries in travel
and tourism industry are mentioned below as:
Ethical dilemma of country’s culture
At present every business that operates in travel and tourism industry lays efforts to
promotes culture and tradition of its country. The culture differs from country to country. Thus ,
it can be said that it is the ethical duty and responsibilities of businesses to deliver and reflects its
culture and tradition in a positive manner (Yaman and Gurel, 2006). Further they should
represent their culture by promoting all its special characteristic and needs to ensure that a good
image of country is created in mind of guest coming from other countries.
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Guest demand for adventurous tour
Day by day the demand of guest regarding adventurous tours are increasing and it has
now become problematic for some hotels and travel agents to provide the same (Lansing and De
Vries, 2007). Further they needs to take of safety and health of their guest while delivering
adventurous tours. The places where these adventurous tours are organize are not only unsafe but
they also have some threats regarding attack by other wild animals. Thus, businesses faces
dilemma regarding safety of guest and their meeting their expectation. In addition to this, one of
the ways by which this dilemma can be eliminated is by making all terms and conditions clear
with guest regarding the consequences of adventurous tours and the extent of liability of
businesses (Jackson and Barber, 2015).
Honesty
The main reason for destruction of businesses in tourism sector is the lack of credibility.
Many times the guest are not served by the things which were promise to deliver. In such cases
most of the businesses forgets about the value of honesty and do not admit regarding the problem
(Jackson, and Barber, 2015). In such cases it is a ethical dilemma for organization to admit the
problem and try to resolve it as soon as possible. It will create a sense of trust among clients and
will also improve the brand image of the business operating in travel and tourism industry. It is
an important dilemma for organization to be honest to their clients in every aspects.
Overlap between ethics and laws
Mostly businesses that operates in travel and tourism and not clear with the difference
between ethics and laws. Further it has been observed that mostly the legal regulations overlaps
business ethics which creates problems for businesses (Weeden and Boluk, 2014). Thus
organization operating in travel and tourism needs to enhance their knowledge regarding law and
obligations prevailing in the country. By extracting out some difference between ethics and law
businesses will be in a situation to identify and perform activities in both legal and ethical
manner.
4.2 Corporate social responsibility of Marriott hotel
Marriott is a big brand in travel and tourism sector of the world and thus it is very
essential for the organization to accomplish its Corporate social responsibility (Holcomb,
Upchurch and Okumus, 2007). It creates good reputation among the guest when organizations
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