Legal and Regulatory Framework in the UK Travel Industry: Semester 1

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Legislation and Ethics in Travel and tourism Sector
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Table of Contents
Introduction................................................................................................................................3
LO1 Understand the legal and regulatory framework in the travel and tourism sector.............4
LO2 Understand legislation and regulations relating to health, safety, and security in the
travel and tourism sector............................................................................................................7
LO3 Understand consumer protection legislation in relation to the travel and tourism sector10
LO4 Understand the role of business ethics in the travel and tourism sector..........................13
Conclusion................................................................................................................................16
Bibliography.............................................................................................................................17
Appendix 1................................................................................................................................19
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Introduction
Legislation and ethical activities are two sides of the same coin through which an
organisation is able to better comply with the laws that have been provided by the state
government. This particular study can be divided into four parts. In these four parts various
companies such as of TUI UK, Thomas Cook Group, Intercontinental Hotel group and others
have been explored. In these report aspects, such health, security, equality and others will be
explored. Along with which, corporate social responsibility and others have been explored as
well. In this part study, two brochures will be made which will cover different legal aspects
of different organisations.
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LO1 Understand the legal and regulatory framework in the travel and tourism sector
1.1 – Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales
Introduction
There are many roles and legislations in the travel and tourism sectors which helps in
ensuring the safety of the tourists and the protecting the tour operators from facing any legal
issues. The tourism industry involves many persons, which includes suppliers, sellers,
investors, contractors and consumers. The legislations of the tourism sectors helps in
protecting consumers and their behaviours, maintain service standards and the hospitality
services given to the customers. In this report, as a travel consultant there will an
emphasizing of different legislatives of that must be issued in the travel sectors of the
England and Wales.
The lawful structure in the hospitality sectors and the legislations are as follows:
Tourism Act 1969: British Tourist Authority, which on, introduced the legislation
pressurises on the communication and coordination among the organisation in the hospitality
sectors. The British Tourist Authority combined with English Tourism Council to impose this
rules on the travel and tourism sectors.
Transport Act 1980 and 1985: The transport act involves the eradicating the licences of
express coach routes and transportation vehicles making journey over 30 miles. The
termination of these laws and the stoppage in the licence for more journeys increment of the
rivalry within the tourist companies in case of both national and private organisations. This
also ensured the travelling of private buses to all travelling course.
Package travel, package holidays and package tours regulations 1992: This legalised
process imposes the capabilities on the tour instructors to protect the travellers and give them
solutions in regards to any problems or inconvenience created. The travel sectors industries in
the United Kingdom are responsible to abide by these rules and regulations, or they can be
sentenced or fined for the breakage of laws.
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The tourism rules and regulations are imposed on the travel sectors to make the systems of
procedural so that customers are satisfied and they do not have any inconvenience. The
legislation will promote the systematic operation of the enterprise. The maintenance of the
legalised laws are made to make the hospitality sector synchronised.
In the United Kingdom, the World Tourism Organisation (UNWTO) ensures the travel and
tourism legislations of England and Wales. The legislations provide a framework for the
organisation so that they can protect the consumers form any harm and inconvenience while
travelling and protecting themselves from any legal issues that will harm their systematic
processes.
The rules and regulations that affect the legislations of the travel enterprises sectors of
England and Wales are as follows:
Health and Safety commission: It helps in projecting the health and safety rules of the travel
sectors.
International Air transport Association: The updating of the rules and regulations of Air
transportation and imposing them in the authorities is that the traveller’s safety is assured. It
is stated in Montreal, which facilitate the regularities and the quality law standards that
should be maintained in the organisation of the hospitality sectors (Legislation.gov.uk. 2019).
Rail authority: The rail authority involves the division of Rail Track and Rolling stock
enterprises.
Civil Aviation authority: the legalised laws of air industry and aviation are ensured by the
civil aviation industry (Caa.co.uk. 2019).
1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework of United Kingdom.
The Athens convention explains the meaning of the carrier as a person who is in contract with
the passenger. The carrier is enlisted with the responsibility of the passenger safety, goods
etc. The misplacement of the goods and luggage’s can result in penalties. The surface, sea
and air transport law and the rules and regulations related to it are as follows:
Surface law: The international Carriage of the passenger by Road act 1979 ensures and
governs the surface law. According to the rules and regulations of the Surface law it guards
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the travellers on the ship and it also protect the valuables of the passengers. They can face
penalties regarding the loss of luggage of the passengers, hamper to the physical and mental
health of the passengers.
Sea law: The International Maritime Organisation in the United Kingdom governs the sea
law, which deals with protection and the safety of the ship passengers and protecting of the
tour operators from facing any legal issues. The international convention for the Safety of life
at Sea protects Sea Transportation and the passengers travelling.
Air law: The Warsaw Convention in 1929 guides the air laws and it protects the travellers of
airlines. According to these laws, the passenger can ask for the compensation of the loss of
luggage and if any harm is done to the health of the passengers, the law protects the
passengers.
Conclusion
This part of the report has mentioned the legalise laws that guide the travel and tourism
sectors so that they can synchronise their operational activities. The laws that have been
mentioned have illustrated that the safety of the tourists is the only responsibility of the travel
operators. The regulations have been made to protect the tourist from any inconvenience and
breakage of any laws by the operators or the tourists can result in serious penalties.
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LO2 Understand legislation and regulations relating to health, safety, and security in
the travel and tourism sector
Introduction
In this particular management report, the case of Thomas Cook Group has been considered
which operates from the United Kingdom. In the case of the company, various regulations
and legislation will be investigated so that a wide understanding of health, security and safety
aspects can be attained.
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the
travel and tourism sector with reference to a UK tour operator and travel agency
Numerous health, security and safety legislation are active within the United Kingdom
tourism industry that directly affects Thomas Cook Group. It is the duty of the manager to
look over the following aspects and know that they are being adhered to within the
organisation so that there is higher compliance.
Health and Safety at Work Act 1974 – This law outlines the duties that employers hold
towards making the work environment safe. The managerial heads assess and understand the
level of risk present within Thomas Cook Group and take particular measures so that any
scope of violence is minimized (Worksmart.org.uk, 2019).
Occupiers Liability Act 1984 – When an employee is injured within the premises of the
organisation. Then this law suggests the guidance through which an employee may receive
damages for the harm which is caused to him. As per the degree of injury, the level of
compensation that would be paid to him would increase (ftc.gov, 2013).
Data Protection – This law provides a pathway through which the personal and professional
data of both the service users and employee can be protected. Data protection is the way
through which Thomas Cook Group and its managerial heads maintain confidentiality. This
confidentiality is maintained so that all the stakeholders of the company are protected.
The impacts of legislation and regulations have been illustrated below:
EU Directives – The EU directives state that when a company such as Thomas Cook Group
follows the above-mentioned laws, it does not have to produce the mechanism through which
it achieved the laws. Focus here is put on getting forth the results.
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Health and Safety – The health and longevity of the employees are increased when more
measures of health and safety are present within Thomas Cook Group.
Fair Trading – The more data is protected within Thomas Cook Group, suppliers, investors
and other parties who perform trade within the organisation will be promoted.
Equality and Diversity Legislation – The health and safety provides services to employees
within the organisation irrespective of their age, gender, race, and other factors. Owing to
which this leads to there being more equality and diversity present within the organisation
(Lcweb5.loc.gov, 2019).
Employment Law – Implementing the above laws helps promote the employment act and
creates the pathway through which more applicants are drawn within the organisation.
Data protection – With the data protection imposed within the workspace, behaviour that is
more ethical prevails through the organisation. This prevents there from being any leakage of
information and illegal activities.
2.2 Analyse legislation that relates to equality with reference to a UK tour operator and
travel agency.
In the following study, the many legislations that are imposed upon Thomas Cook Group
have been illustrated here:
Sex Discrimination Act 1975 – This act helps there to be gender equality within Thomas
Cook Group. It prevents any form of harassment, bullying, and violence within the
organisation against any gender and focuses on protecting their basic rights (Dol.gov. 2019).
Race Discrimination Act 1976 – With the help of this regulation, the interests of minority
racial groups are protected. Race groups such as African American, Mexican and others have
a history of being discriminated against because of which they require this law. It helps there
to be equal pay, treatment, and other factors.
Employment Protection (Consolidation) Act 1978 – This law protects employees from
being removed from their job roles without a justified reason. This act helps in lengthening
the period of the job position an employee has so that they can benefit within an organisation.
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Disability Discrimination Act 1995 – This act helps disabled individuals get work
placement within the organisation. If the candidates attain the skills and are able to perform
the necessary job work, then they protected under this law.
Employment Act 2002 – There are three aspects to this act which relates to other legislation.
Firstly, this act looks into the fact if subordinates are being made adequate wages. Secondly,
it prevents there from being any wrongful termination within the enterprise. Thirdly, the
employees must overlook the fact that the health and safety of the subordinates are
maintained within the organisation.
Human Rights Act 1998 – This act includes governmental bodies, councils and police
members so that the individuals who are present within these roles can treat others with
respect. Since these individuals are in direct conduct with the public, this law commands to
be fair and equal treatment with consumers (Legislation.gov.uk, 2019).
As seen from the above, all of these laws have one common factor which encompasses each
legislation, which is that they help in promoting the idea of equality. All of them in there
being a more conclusive environment within Thomas Cook Group where employees and
others can feel safe and not feel threatened by others.
Conclusion
In the above-conducted study, several aspects have been fulfilled in the case of Thomas Cook
Group. This report can be divided into two parts. In the first part, health, security and safety
legislations measures are explored. Following which, the multiple facets of the equality laws
present within the UK are discussed.
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LO3 Understand consumer protection legislation in relation to the travel and tourism
sector
3.1 Explain contract legislation in relation to travel and tourism customers
Contractual laws help an employee to be protected from being mistreated from an
organisation. These laws help the service users from being cheated and help in decreasing
false advertisement in the market. In the case of TUI UK as well a consumer has been
wrongly fed information because of which he did not have a satisfactory journey to Spain.
The rights which this consumer has been illustrated here
Contracts for the supply of goods – This type of agreement illustrates the various promises
which a supplier makes to a consumer when they are performing business transactions. In
these types of agreements, a fixed price is set for the services provided. If the seller fails to
deliver on his promises then he has to provide compensation (Sluis and De Giovanni, 2016).
Contracts for the provision of services – The particular sections, which will be put into the
agreement prior to it being signed, is discussed here. In the provided case, it should have been
clearly mentioned in the agreement what ramifications will present in case TUI UK fails to
provide on their promises.
Contracts related to package holidays – Holiday package contracts are less formal in
nature than organisational contracts. This is because it encompasses a broad range of services
which will be provided to the consumer. Since services encompass personal interactions as
well, they are intangible in nature. This leads there to be the problem of there being an
incongruity between promised services and actual services.
Valid contracts – These forms of contract is enforceable under the law. Within these types of
contracts, there is free consent of parties. There lawful considerations or benefits which both
parties have and there is reciprocity between both the parties. Additionally, the considerations
must be lawful in nature and no illegal objects can be exchanged (Barnett and Oman, 2016).
Unfair contracts – These types of contracts are deceitful in character and have some aspect
to them that is unfair in nature. These contracts are activated when there is a clear indication
that one of the parties within the law had a thought indication of cheating the other party.
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Laws of agency – This is a legal pillar that deals with an agent and principal relationship
when a contract is created. The various forms of contracts that fall under this pillar include
non-contractual agreements, quasi-contracts, and others.
In the particular case of TUI UK, a valid contract exists as there are lawful considerations
present and both parties agree on the services and price being exchanged. Furthermore, there
is clear supply of promises that TUI UK has made to the consumers. Owing to which, rightful
compensation inform of monetary or other compensation must be provided.
3.2 Explain consumer protection legislation in relation to travel and tourism customers.
In case the organisation with whom, unjust transactions is performed does not provide any
form of justification, compensation or others. Then the customers can use consumer
protection legislation in order to protect them within the travel and tourism sector.
Trades Description Act 1968 – This is a parliamentary act which prevents retailers and
manufacturers for misleading consumers towards attaining products they do not want. With
the help of this law, governmental officers are appointed so that there are supervision, check
and overview the types of commodities being provided in the market (Barker, 2014).
Consumer Protection Act 1987 – This law outlines that manufacturers must sketch out the
information on specific goods they are providing to the market so that there is a higher level
of transparency present. Normally, an act like this prevents product creators from mixing
unlawful elements within the products that harm the consumers (Howells and Weatherill,
2017).
The Package Travel that is being provided to consumers must have both these above laws
woven through the contracts which are present. Additionally, a quality officer of the
government must go through the contents of the agreement in order to ensure that quality
services are present.
Package Holidays and Package Tours Regulations 1992 – This act analyses the various
aspects of a holiday package agreement and tries to determine all of the events where the
service provider fails to provide adequate commodities to the consumer. In accordance with a
particular failure, a specific penalty is set (Ohlhausen and Okuliar, 2015).
Torts of negligence and nuisance – Torts encompasses a wrongful act or action that occurs
when a right or civil wrong is committed. When TUI UK performs any form of negligence
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towards not fulfilling their agreements and gets a nuisance filled situation for the consumer to
experience. Then torts are applied, as these are civil wrongs.
Duty of care – As an organisation that provides travel services, it is the moral obligation of
TUI UK to ensure and look over the safety and well-being of individuals.
Vicarious liability – This is a strict form of liability that is imposed on the employers for
being unable to fulfil job role and performing wrongdoing. Uberrimae Fidei means
operating in good faith. This implies that the consumer is assumed to performing in the best
interest of the transaction-taking place and directions that are taken by him are just until
proven wrong. A hotel is a location where service users pay and payment and attain
accommodation. These hotels have an agreement with TUI UK that they reserve the right to
refuse the consumers if they do not comply with hotel standards and conduct.
Principles of food hygiene regulations – Within the travel packages that companies like
TUI UK provide, it is necessary that Food Act 1984 is adhered to (Uemura and Bari, 2015).
Following this act implies that there will be good hygiene and proper organisation of food
resources.
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