Travel and Tourism Law: Legal and Ethical Frameworks in the Industry

Desklib provides past papers and solved assignments for students. This report examines the legal and ethical aspects of the travel and tourism industry.

LEGISLATION AND ETHICS IN TRAVEL
AND TOURISM SECTOR
1

Contents
INTRODUCTION............................................................................................................................. 3
LO 1................................................................................................................................................ 4
1.1 LEGAL AND REGULATORY FRAMEWORK OF THE TRAVEL AND TOURISM SECTOR..............4
1.2 SURFACE, SEA AND AIR TRANSPORT LAW IN RELATION TO THE CARRIAGE OF PASSENGERS
WITHIN THE LEGAL AND REGULATORY FRAMEWORK...............................................................8
LO 2.............................................................................................................................................. 10
Executive Summary..................................................................................................................10
Introduction............................................................................................................................. 10
Body......................................................................................................................................... 10
2.1 IMPACTS OF THE PRINCIPLES OF HEALTH, SAFETY AND SECURITY LEGISLATION ON THE
TRAVEL AND TOURISM SECTOR...............................................................................................10
2.2 LEGISLATION THAT RELATES TO EQUALITY........................................................................12
Conclusion............................................................................................................................... 13
LO 3.............................................................................................................................................. 14
3.1 CONTRACT LEGISLATION IN RELATION TO TRAVEL AND TOURISM CUSTOMERS..............14
3.2 CONSUMER PROTECTION LEGISLATION IN RELATION TO TRAVEL AND TOURISM
CUSTOMERS.............................................................................................................................17
LO 4.............................................................................................................................................. 18
Executive Summary..................................................................................................................18
Introduction............................................................................................................................. 18
Body......................................................................................................................................... 18
4.1 ETHICAL DILEMMAS FACED BY THE TRAVEL AND TOURISM SECTOR.................................18
4.2 CSR POLICIES OF INTERNATIONAL AIRLINES GROUP (IAG).................................................19
2

Conclusion............................................................................................................................... 19
CONCLUSION............................................................................................................................... 20
REFERENCES.................................................................................................................................21
3

INTRODUCTION
The study covers laws and regulations of the travel and recreational industry. Different laws
such as land laws, sea laws and air laws are discussed which are important as these three are
the means of travelling from one place to another. The consumer's right to travel safely and to
be served an acceptable level of food and accommodation are also discussed in the study
(Turner, 2010). The concept of a contract, its components and its implications are also studied
in the research which includes consumer protection legislation and various consumers laws like
equality law, sex-discrimination law and food and safety laws are discussed which show the
importance of consumers’ safety during the travel.
4

LO 1
1.1 LEGAL AND REGULATORY FRAMEWORK OF THE TRAVEL AND TOURISM
SECTOR
There are many laws and regulations that
are prevalent in the tourism sector. The
laws are important for the smooth
functioning of the travel industry. The
prominent organizations who regulate the
laws pertaining to the recreational industry
are as follows-
Strategic Rail Authority (SRA)
It is responsible for the railway rules and
regulations (Medlik, 2012). It was
abandoned in 2006 and its duties were
given to the Department for Transport
which is now known as the Office of Rail
and Road.
Fig. 1- SRA logo
Health and Safety Executive (HSE)
The Health and Safety Executive is a UK
based agency that works towards
responsible implementation of rules and
ethics pertaining to employee health and
safety at work (Smith, 2014). Its duties
include investigating accidents, explosion,
fire or other hazards. It proposes health and
safety regulations across all governmental
and non-governmental organizations to
keep a tab if the companies are following
best protective measures against any
impending issue that may affect the health
and safety of the employees.
Fig. 2- HSE logo
Health and Safety Commission (HSC)
Its duties include assisting and encouraging
persons to follow the best policies at work
(Kalbaska, 2011). If employees are not
trained properly to handle chaotic
situations at work then HSC gives training to
employees and persons to handle
emergencies like fire or any other natural or
man-made disaster. The commission was
dissolved in April 2008 and was merged
5

with the HSE.
Fig. 3- HSC logo
International Air Transport Association
(IATA)
IATA is an association of the airlines
operating all over the world in the form of
collaboration (Kalbaska, 2011). It was
formed in 1945 in Cuba and is the successor
of the International Air Traffic Association.
The priorities of IATA include ensuring
safety and security at work. It also stresses
on environmental concerns and has
developed frameworks that address the
environmental issue of the airlines from
time to time.
Fig. 4- IATA logo
Air Travel Operators’ Licensing (ATOL)
The organization gives financial protection
to the travellers who have bought holiday
packages from flights of member tour
operators (Ivanov, 2015). The business
practices of the member tour agencies are
inspected by the CAA. By ensuring the trip
with an ATOL licensed tour planner, the
passenger can get a refund in case any
mishap happens during the trip.
Fig. 5- ATOL protected logo
Civil Aviation Authority (CAA)
CAA is responsible for overlooking the civil
responsibilities of the aviation industry
(Ivanov, 2015). The CAA is responsible for
the maintaining of pilot’s licenses and the
issuing of the license to trained pilots. The
CAA also tests the aeroplanes and their
technical issues. It provides necessary
training to carry out duties at the airports
and of aircraft. The security is also
maintained by the supervision of the CAA
6

(Turner, 2010).
Fig. 6- CAA logo
Association of British Travel Agents (ABTA)
It is the community of the travel and tour
planners in the UK. It works to raise the
standards of the travel industry by giving
them guidance on how to carry out tours
responsibly and to maintain the health
concerns of everyone on board. It also gives
the facility of protecting the holidaymakers
financially if the trip encounters some loss
or any damage.
Fig. 7- ABTA logo
ARBITRATION SERVICE AND CODES OF
CONDUCT
The CoC maintains discipline at work and
also gives guidelines on how to manage the
business at work. Following the code of
conduct ensures maintenance of good
business practice (Ivanov, 2015).
They are the principles, standards and rules
that affect the workings of the workers and
employees at the workplace.
An arbitrator is called at the time of
resolving conflicts within an organization.
The arbitrator is needed to resolve disputes
between companies as the arbitrator
belongs to neither and takes the decision
from an unbiased perspective. The
arbitrator listens to both parties and takes
decision accordingly which goes well with
both the parties with an issue.
7

1.2 SURFACE, SEA AND AIR TRANSPORT LAW IN RELATION TO THE CARRIAGE
OF PASSENGERS WITHIN THE LEGAL AND REGULATORY FRAMEWORK
Laws and regulations are important
everywhere as they frame the guidelines of
the work to be completed and in the
tourism sector, laws have a big role to play.
The laws of the travel and recreational
industry imply that the travel happens with
ease and without any kind of trouble to the
passenger or the employees of the travel
agency. When the laws are in place, there
are fewer chances of things going wrong
and also the safety and security parameters
are checked due to the presence of laws
and regulations that govern the travel
makers and holiday package givers
(Swanson and Edgell Sr, 2013).
Certain laws that govern the sea, land and
air laws are given below which are
prevalent to ensure that the travellers are
taken care of during their course of the
journey and also receive utmost safety
requirements at the time of emergencies.
Laws of Surface- the Carriage of
Passenger by Road Act 1974 states
that the carriage is responsible for
the safety of the passenger and its
luggage when they are travelling by
land mode (Yan et al., 2013). (Smith,
2014).
Laws of Air Transport - Many air
laws have been in a place like
Warsaw Convention of 1929, Hague
Convention of 1955, Tokyo
convention of 1963 and Montreal
Convention of 1975. The Warsaw
Convention of 1929 states that
liability will be charged on the
international carrier that does not
do its service properly which
includes proper execution of travel,
care of persons, luggage and goods
and other duties. The Hague
Protocol in 1955 was an amendment
to the Warsaw Convention. The
amendment was required as the law
was first framed in 1929 and many
changes in technology had taken
place. The amendment also limited
the liability of the airline in case of
an accident.
Laws of Sea Transport- The Athens
Convention was set up in 1974. The
convention issues a liability to the
carrier if there is any damage to the
passenger or the luggage on a sea
8

vessel (Turner, 2010). The
amendment in the protocol in 2002
includes that passengers must get
safety insurance before they
disembark on their travel. The
insurance will cover the passengers
and will also bear the expenses of
the health issues they have.
The legal structures are described as
follows-
Magistrates Court- In a magistrate’s
court, criminal dealings happen.
Other cases like that of family
proceedings can also happen at
these courts (Smith, 2014)
County Court- in a County Court
which comes under a jurisdiction
Court, many kinds of cases happen.
It handles many cases like that of
felonies, trails, misdemeanours and
some small claims cases.
Crown Court - In the England and
Wales, the Crown Court is together
with the High Court of Justice and
the Court of Appeal. A crown court
is one of the highest courts that
handle criminal cases.
High Court – A high court is the
superior court where the judge is
called the High Court Judge. The
high court is the highest level of
justice granted in Australia.
Court of Appeal- This is the highest
court in the UK after the high court.
It was established in 1875 and
comprises of 39 Lord and Lady
Justices of Appeal. The court has
two divisions- Criminal and Civil (Yan
et al., 2013)
Supreme Court - A Supreme Court is
the highest court in many countries
which is an apex body that grants
the right. In many countries, it is the
highest granter of justice.
These are the courts that exist to
provide justice to the victims and
punishment to the persecutors.
9

LO 2
Executive Summary
The learning objective discusses the legislation and regulations related to health, safety and
security regarding the tourism industry. Many laws and acts are in practice that covers the
health aspect like the Health and Safety at Work act, Equality Law and various others. All these
acts protect the consumer from mistreatment and to provide him with the best facilities during
the travel.
Introduction
Health and safety is the prime concern of any traveller who is going on a trip. It is the tour
provider's duty to provide a safe mode of travel and safe accommodation that gives the
traveller comfort and does not make him complain. The health issues and the safety concerns
must be primarily addressed for the traveller so that the journey is stress-free and full of
enjoyment. Many laws and acts that facilitate equal treatment of passengers and acts that
prohibit discrimination of any kind are discussed in this learning objective (Yan et al., 2013).
Body
2.1 IMPACTS OF THE PRINCIPLES OF HEALTH, SAFETY AND SECURITY
LEGISLATION ON THE TRAVEL AND TOURISM SECTOR
The Health and Safety at Work Act 1974 states many rules and duties for the employers. It is
the employer’s responsibility to take care of the health, safety and welfare of the employees
when they are at work. The employer has to look after everyone who is present at the
workplace, be it the visitors, clients, employees, cleaners or the general public. The duties and
responsibilities of employers are explained in a detailed manner. Under this Act, the Health and
Safety Executive (HSE) was also set up.
The Occupier’s Liability act 1984 states that the occupiers owe a duty to the trespassers
(Turner, 2010). The Act covers the common duty of care to trespassers and other visitors. It is
the employer's duty to be aware of any knowledge of the danger that exists at the workplace
10

which can pose as a threat to the visitors, guests or employees. This act covers only the damage
to the trespasser and not to the damage caused on the personal property of the trespasser. It
also includes that the land of the employer should be made to use in forms of recreation or
educational purposes.
The Data Protection Act 1984 is now replaced by the Data Protection Act 1998 and implies that
both manual and computerized files that contain the data and personal information of
employees and customers are to be kept confidential and not to be passed on to a third party
without the consent of the person in consideration (Lovelock and Lovelock, 2013). The law
demands that the data will be lawfully processed, used for limited purposes, stay accurate and
up-to-date, not kept for longer than necessary, be kept secure, be processed in accordance
with the consent of the subject and should not be transferred internationally without adequate
protection.
Vicarious liability is a strict liability which is a legal concept which assigns a legal liability to the
individual who did not cause harm directly but is in a relationship to the person who has
actually caused harm (Medlik, 2012). An example of vicarious liability can be negligence of an
employee at work that caused trouble to the client or the customer. This causes the manager to
apologise to the client and take action against the employee who was at fault. If the client sues
the hotel or restaurant then the manager will be at trouble. The manager owes the vicarious
liability as he is legally related to the culprit.
The Human Rights Act 1998 makes it unlawful for anyone to violate any human’s basic rights
like free speech, right to information, right to education, right to live a dignified life and others
(Smith, 2014).
11

2.2 LEGISLATION THAT RELATES TO EQUALITY
The Equality Act 2010 protects the rights of the individuals in getting a good education, proper
housing, clothes and shelter. The act abolishes discrimination of any kind to prevent unfair
treatment and promotes fair and equal society. Many acts like the Equal Pay Act, Race Relations
Act, the Employment Equality Regulations act and many others.
Sex Discrimination Act 1975 abolished discrimination between any gender on the basis of their
marital status (Medlik, 2012). The Act covered employment to be fair and just, training at work
to be unbiased, education, provision of goods and services and other facilities. Amendment in
2008 also covered the same rights and protection to transsexual people. Later, the act was
repealed by full by the Equality Act 2010.
Race Discrimination Act 1976 was established by the UK Parliament to prevent discrimination
of persons on the ground of race (Martineau and Feller, 2015). It prohibited any form of
discrimination or biasedness on the basis of race, colour, ethnicity, nationality, the field of
employment, education, provision of health services and another disposal of goods and
services. This Act was also repealed by full by the Equality Act 2010.
Employment Protection (Consolidation) Act 1978 was descended by the Employment Rights
Act 1996 (Medlik, 2012). It formed the rights and legislation to establish the laws on existing
individual rights. The act aims to facilitate fair working conditions for all and that all employees
must avail the benefits the employer has set for its employees. Rights include unfair dismissal of
employees, providing a reasonable amount of time before dismissal so that employee can
search and apply elsewhere, time off rights for parenting and other rights of employees. In
1997, the right to flexible working hours was also added to this act.
An EU Directive is a legal act of the European Union (Smith, 2014). They issue the objectives to
be achieved and then it is left to the individual member countries to take their opinion about it.
If the member country agrees to the directive, it becomes a part of the legislation of that
country.
12