Travel and Tourism Law: Legal and Regulatory Frameworks in the UK

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

Legislation and Ethics in Travel and
Tourism Sector
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Table of Contents
Introduction....................................................................................................................................................3
Task 1.............................................................................................................................................................4
1.1 Explain the legal and regulatory framework of the travel and tourism sector with.............................4
1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework.................................................................................................................7
Task 3.............................................................................................................................................................9
3.1 Explain contract legislation in relation to travel and tourism customers.............................................9
3.2 Explain consumer protection legislation in relation to travel and tourism customers.......................11
Conclusion...................................................................................................................................................13
References....................................................................................................................................................14
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Introduction
The contribution of the travel and tourism industry plays an important and crucial role in the
growth and development of the country. In the UK, the overall contribution of the travel and
tourism industry is around 217 billion pound which is a huge contribution to the overall growth
of the GDP. The revenue generated by this sector through several activities which includes
accommodation services, food services, entertaining activities etc. In this assignment, the TUI
group is taken into consideration where the first task includes legal and regulatory framework
that needs to abide by the travel and tourism industry. Further, in relation to the carriage of
passengers several laws which include surface, sea, and transport laws are discussed. In task
second, it depicts the impact of the principles of health and safety legislation on the sector of
travel and tourism. In the third task, for the protection of the contractual parties’ contract
legislations are discussed and also include the legislation related to the protection of the
consumers. Moreover, in task fourth, it includes the situation of ethical dilemmas and the social
responsibility of the corporate in the travel and tourism industry.
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Task 1
1.1 Explain the legal and regulatory framework of the travel and tourism sector
with
The legal and regulatory
framework play important
role in regulating the fair
and transparent practices
for the country growth and
development. TUI group is
the number one traveling
company which is leading
in the sector of travel of
tourism. It engages in the
airline and businesses of
tour operators (Cao, 2015).
As a travel law consultant
of the TUI, there are
several legislations that
abide by the traveling
companies like TUI group
and educate their
employees and employers
about the legislation that
are enacted by the
government for the safety
and security of the
passengers as well as the
travelers against the unfair
practices of the tourism
industry. These regulations
are mentioned below:
Health and Safety
Commission
The main of this
commission is to ensure
and provide protection to
the employees against the
dangerous activities at the
place of occupation. This
commission is created
under the Health and
Safety Act, 1914. It
encourages the employees
to concern informed with
the matters of safety by
providing adequate
training and information to
the employees.
Health and Safety
Executive
Health and safety
executives are responsible
for the encouragement and
regulate the legislations for
the enforcement of the
health, welfare, and safety
at the occupational place
and take all possible
measures to minimize the
risk related to occupation.
Strategic Rail Authority
(SRA)
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This is the
nondepartmental body
which is establishing under
the Transport Act, 2000 so
as to provide particular
direction for the industries
of the railway. Its main
motto was to deliver the
railways of Britain
properly.
Civil Aviation Authority
(CAA)
This authority regulates all
functions of the civil
aviation in the United
Kingdom. TH main
responsibility of this
authority is equipment
testing, pilots supervising,
pilots licensing and other
inspections (Blanco, 2018).
International Air
Transport Association
(IATA)
This association of the
World’s largest airlines
and it is the organization of
official trade for airlines all
over the world. This
authority provides
resources for traffic, routes
and standardized services
so as to promote the safe
and study of the problem
of the industry of airlines.
It provides collaborating
between the transport
companies and agencies.
Association of British
Travel Agents
These agents provide
advice and guidance for
supporting the high
standards for providing
services with the members
of health and safety for
promoting tourism
nationally and
internationally.
Lawmaking processes
To regulate and fulfill the
citizen’s requirement, for
this purpose the
government formulate
various laws. In this
context, the process of
lawmaking includes
several stages such as first
reading, second reading,
committee stage, report
stage, third reading and the
final stage includes the
assent of the Queen.
Legal framework
processes
For resolution of disputes
among the disputed parties,
the role of the arbitration
and conciliation take
necessary actions for the
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dispute resolution (Cheng,
2016).
Solicitors and Barristers
Roles
For representing the cases
of the clients in the court
the solicitors appoint
barristers where the
barristers are the one who
resolves disputes and
provide advice to the
parties of disputes.
UK Court Structure
The structure of the court
in the UK divided into
several hierarchies that are
depicts as per the under
mentioned information.
Figure- Structure of UK Courts
Sources- By Author, 2019
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1.2 Discuss surface, sea and air transport law in relation to the carriage of
passengers within the legal and regulatory framework
To ensure the safety and
security of the passengers
and their carriage there are
several legislations that are
enacted by the government
of the UK are mentioned
below:
International Carriage
by Sea (Athens
Convention, 1974)
This convention depicts
the liability for the
passengers suffered by the
passenger’s carriage that
they are carried on the
vessel seagoing and also
provide the compensation
right to the passengers in
case of injury or damage.
Carriage by Air and
Road Act, 1979
This act is responsible for
taking the passengers who
are via air or road and
ensure that their carriages
remain protected in
international journeys
(Jaller, et. al., 2016).
Carriage of Passengers
by Road Act, 1974
This act makes the carrier
responsible during
providing transport
services for the purpose of
business or selling of
tickets while traveling of
passengers from one
location to the other with
or without charges.
Air transport and
conventions protocol
Montreal (1975)
During traveling if any
injury or damage causes to
the passengers this
Montreal assist the air
authorities to provide
compensation against such
damage or injury.
Warsaw (1929)
According to this
convention, it is the
responsibility of the
carriers while providing
transportation services to
the passengers in case of
carriage carried at the
international platform and
also liable for any
compensation to the
travelers for their goods
and luggage’s (Jennings,
et. al., 2018).
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Tokyo (1963)
This convention main role
is to ensure the safety and
security of the passengers
and their carriage while
traveling via flights.
Denied Boarding
Compensation Schemes,
European Union (1997)
This Union works towards
the standards and its
improvements for running
the business in a
harmonized manner and
also provides adequate
compensation against the
cancellation of the flights
to the passengers.
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Task 3
3.1 Explain contract legislation in relation to travel and tourism customers
The industry of travel and
tourism engages in the
several contracts so as top
enforces various rights and
liabilities as per the
contract terms and
liabilities. In the context of
the TUI group travel
consultant, the companies
are responsible to abide by
the legislation of the
contract so as to provide
protection to the
contractual party’s rights.
Contracts for the supply
of goods
According to the Supply of
Goods and Service Act,
1982 it ensures that the
rights of the consumers
remain protected against
the unfair practices of the
traders and manufacturers
while dealing with the
company products and
services (Bangwayo-
Skeete and Skeete, 2017).
It is the rights of the
consumers to rescind the
contract in case the
demand of the consumers
are not satisfied.
Contracts related to the
package holidays
It is essential that the TUI
and other traveling
companies are aware of the
laws and legislation like
Package Travel
Regulations 1992 for
providing regulations that
need to be followed by the
companies while trading
with the packages of
traveling.
Consumer Protection
Act, 1987
The main aim of this act is
to provide protection
against the misleading and
unfair practices of the
manufacturers, suppliers,
and traders and ensure that
the consumers get right to
get compensation and
damages against the breach
of the terms and condition
of the contracts (Xu,
2018).
Unfair contracts
For the protection of the
consumer’s rights and the
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right of the innocent party,
it is important that the
contractual parties fulfill
the essential of the valid
contracts while
formulating the contract.
Unfair contracts are those
contracts which consist the
unfair terms and condition
in the contract and are the
contacts which are not
enforceable under the law.
In this context, innocent
party has the right to claim
compensation against
unfair contracts.
Valid contracts
Valid contracts are those
contracts which are
enforceable under the law
and these are the
agreement between two or
more parties so as to give
effect to the rights of the
contractual parties. It
fulfills all the essential of
the valid contract which
includes offer, acceptance,
consideration, competent
parties and enforceable by
law. It is the legally
binding document on the
contractual parties.
Laws of agency
These the commercial
areas that are deal, ing with
the contractual, quasi-
contractual and non-
contractual relationships
by involving the person
named agent who is
authorised to act as per the
direction that is provided
by the principal. There are
fiduciary relationships
between both the parties
and where the agent is
responsible to act then
principal in front of the
third party.
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3.2 Explain consumer protection legislation in relation to travel and tourism
customers
As a travel consultant of
the TUI group, it is
important that travel and
tourism industries must
abide by the legislation of
the contract and
consumers. It is the
responsibility of then
o0mapbnies to abode with
the undermentioned
regulation while dealing
with the consumers,
travelers, and employees of
the company.
Consumer Protection
Act, 1987
This act provides
protection to the
consumers against the
unfair practices of the
suppliers, manufacturers,
traders and also includes
the traveling companies
indulging in misleading
activities with travelers
and passengers. This act
ensures the consumer's
rights being protected.
Trades Description Act,
1968
This act discourages the
unfair practices of the
manufacturers and
suppliers for adopting
unfair practices while
trading of the products and
services of the company
and also state punitive
actions against the breach
of this act.
Food Act, 1984
According to this act, it
provides protection to the
consumers against the
serving of unfit goods by
the food serving
companies includes
traveling companies
(Halmos, et. al., 2018). It
also prevents the unfair
practices pursuing by the
companies while selling
the food product and this
makes them responsible to
supply health food for
ensuring then the safety of
health and of the
consumers and also require
to meet the safety and food
standards.
The Package Travel,
Package Holidays and
Package Tours
Regulations, 1992
This regulation provides
guidelines related to the
provisions and mark the
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attention towards the
holiday packages so that
no unfair practices should
be inculcated by the
traveling companies and
tour operators.
Torts of negligence and
nuisance
Nuisance protects the
interest in the land
enjoyment and negligence
related to the breach of the
duty of care that owns by
the person against the
others.
The duty of care
This provision ensures that
each individual responsible
for the betterment of the
society and take necessary
actions to be accountable
for the unfair practices
towards the society and
take all necessary and
important measure to
improve it (Hand, 2016).
Hotel Proprietors Act,
1956
This act makes the hotel
proprietors responsible to
make the good of loss or
damage of the property of
the guest even if it does not
involve the default of the
proprietor or the hotel
staff.
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