Travel and Tourism Law and Ethics: Legal Framework and CSR

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LEGISLATION AND ETHICS IN TRAVEL AND
TOURISM SECTOR

TABLE OF CONTENTS
Introduction......................................................................................................................................1
Task 1...............................................................................................................................................2
1.1 & 1.2 Explain the legal and regulatory framework of the travel and tourism sector and
discuss surface, sea and air transport law in relation to carriage of passengers within legal and
regulatory framework..................................................................................................................2
M1 Identify and apply effective approach to research and study for addressing legal
framework and regulatory bodies................................................................................................3
Task 2...............................................................................................................................................4
2.1 Evaluate the impacts of principles of health, safety and security legislation on travel and
tourism sector...............................................................................................................................4
2.2 Analyze legislation that relates to equality............................................................................5
M2 Selecting and designing relevant theories and techniques or legal rules for dealing with
health and safety related issues....................................................................................................6
Task 3...............................................................................................................................................7
3.1 & 3.2 Explain contract legislation and consumer protection legislation in relation to travel
and tourism customers.................................................................................................................7
Task 4...............................................................................................................................................8
4.1 Analyze ethical dilemmas faced by travel and tourism sector..............................................8
4.2 Analyze the Corporate Social Responsibility (CSR) policy of specified travel and tourism
business........................................................................................................................................9
M3 Present and communicate appropriate findings in travel and tourism sector......................10
Conclusion.....................................................................................................................................11
References......................................................................................................................................12

Introduction
The framework for legal and regulatory in tourism industry follows various aspects that include
organizations and success measures. The industry of hospitality and tourism are interlinked with
each other that are identified as consumer oriented by satisfying consumers from different
products and services. The industries are managed by different bodies and regulations that are
enhanced and created by the country’s government. The current report will contain knowledge
for a regulatory and legal framework in the tourism sector of England and Wales by discussing
different laws connected to sea, land and air transport. The report will also discuss health and
safety legislation in reference to Expat Explore that is identified as a UK tour operator that
initiated equality law for protecting consumers and employee rights. Further, the report will
emphasize on contract legislation by discussing various laws initiated ad practised in it and
consumer protection legislation for safeguarding rights from fraud organisations. At last, ethical
dilemmas and CSR policy will be discussed in reference to Thomas Cook.
1

Task 1
1.1 & 1.2 Explain the legal and regulatory framework of the travel and tourism sector and discuss surface, sea and air
transport law in relation to carriage of passengers within the legal and regulatory framework
2
Regulatory and Legal Framework of Travel and Tourism
Sector
The British legal and regulatory framework contains ABTA method of conduct that focuses
on tourism related issues such as communication, insurance notification, booking etc. For
instance, the method of booking is aimed for identifying process that safeguards rights of
customers. Legal framework refers to system rules prepared for taking important decisions
whereas the regulatory framework dispenses suggestions to system for enforcing codified
legislations. The tourism sector of UK has recorded steady growth that increased chances of
law enforcement for dealing with peculiar features (Estol and Font, 2016). The tourism
legislation and regulations of Wales and England hold various associations that guide tourist
for their comfortable staying without handling legal issues that are as follows:
ABTA (Association of British Travel Agents) – It enforces to
handle tourism procedures in Wales, Scotland and Britain. It
ensures permits and travel bookings based on legislation rules. In
the act different firms dispenses variety of products and offers. It
dispenses provision for departure facilities, booking and
insurance.
Civil Law – This act of tourism
industry in UK aims at deriving
equal treatment to tourist society
that also includes non-tourist. It
operates several contracts in
which different parties are
involved and conducted
agreement that ask for
Transport Act 1985 and 1980 – The act
incorporated in 1980 has eliminated laws of
licensing that impacted express routes of coach and
tours till 30 miles. By terminating, the government
recorded immense competition within private bus
and national bus companies. In 1985 system of route
has de-regularized for giving permission for
operating all routes through private buses (Bellia,
Health and Safety Commission – It focuses on providing safety benefits to employees and
public that work in tourism industry. It is occupier’s duty for maintaining security of workers
in campus by dispensing hospitable environment and safety equipments.
Transport Law in Carriage of Passengers across Legal
and Regulatory Framework
The carrier is defined as person that is indulged in carriage contract with carrier and
passenger refers to individual carried through ship by Athens Convention. Further,
luggage refers to vehicle or article that holds by carrier. The pecuniary loss is
determined through damage or loss. Based on convention the carrier liability includes
paying for loss that occurs from carriage or neglecting carrier. Further, individual that
faced loss needs developing carrier liability. Method of transport carries tourist from
single place to other by using air, land and sea transport which are as follows:
Surface Law – The incorporation of law is
directed by road act for International Carriage
Passenger 1979 (Soyer and Leloudas, 2017).
The aim is to safeguard passenger rights present
on board. The law takes care of mental
disorders or physical damage to passenger. The
law ‘Carriage by Railway Act’ generated in
1972 focuses on luggage loss. The law manages
and regulates goods and passenger transport
effectively by also safeguarding disabled
passengers interest under the law.
Air Law – The rules and
regulations related to
international carriage that
holds some important
documents that refers to “The
Warsaw Convention in 1929”.
It has right and death
compensation of passengers in
reference to personal injury.
Another act of “The Five
Freedom Agreement” in 1944
included all major rules and
guidelines by allowing landing
near country’s territory for
non-traffic, cargo, traffic and
passenger landing.
Sea Law – The security and safety of shipping
is managed through this law by effectively
regulating the environmental factors. The sea
craft must have approx 12 people by having life
guarding and fire safety equipments that
generate in “The International Convention to
Safety of Life and the Sea” that is also
identified as SOLAS (Hodgkinson and
Johnston, 2016). Ship liability and damage
ferry is governed through the law of “The
Athens Convention” of 1974.

M1 Identify and apply effective approach to research and study for addressing legal
framework and regulatory bodies
According to the legal and regulatory framework for Wales and England of the UK that are
mentioned above are beneficial for improving the circumstances of customers and employees in
travel and tourism sector by focusing on disabled people as well as normal people for
considering best services of the business to the global world. Therefore, no restrictions are made
for benefits achieved from travel or airlines firms that do not give justification for affordable
accommodation services. Based on the above framework of laws airlines have played a major
role in dispensing more services to customers in traditional locations (Font and McCabe, 2017).
The Warsaw convention has provided a global standard that is aimed for carrying passengers
across the world by claiming for baggage loss, delays and accident. The carrier has mentioned
limited liability in case of negligence and accidents of the injured person. The coordinated
activities from tour agencies and operators have provided several benefits to boost the tourism
sector that is discussed below:
 Initiating laws and regulations for the betterment of tourism industry by securing rights of
customers and employees has provided wider opportunities for gaining reputation and
high market share that attracts people across the world by boosting the rate of national
and international tourists.
 The licensed facility has improved the transport facilities by enlightening travel routes
across the country or destination that has raised the interest in tourist and makes
travelling much easier. Further, it provided several opportunities to owners of private
buses for operating under country through various routes by allowing tourist to travel
over the country’s major destination.
 The law for treating tourist equally has initiated the trust and faith factors across the
country without treating tourist as outside people. The employee’s safety and security
have been focused by regulating health and safety that gives freedom to customers for
successful travelling (Vargas-Sánchez and Moutinho, 2018).
3

Task 2
2.1 Evaluate the impacts of principles of health, safety and security legislation on the travel
and tourism sector
The rights of customers are consequently safeguarded by security and safety precautions that aid
in tourism industry growth. The rules and legislations have created with intentions of developing
unified criteria practises that mention an individual’s obligations and rights interconnected with
the tourism sector. The UK based tour operator Expat Explore aims at guiding and designing a
list of consumers for travelling purpose. The firm was established from three friends that were
interested in exploring different country, place and destinations (Holt and Allen, 2015). The
operations have been properly conducted from 2005 that is attracting global consumers by
availing basic amenities, accommodations and travelling modes with better internet connections
according to customer satisfaction. In reference to Expat Explore, the regulation includes:
Health and Safety Work Act (1974) (HSWA)
The employers of the firm have compulsory instruction to follow the rules towards public
members and employees. The health and safety commission is aimed at initiating and reviewing
searches according to operator’s needs. The alternatives have been created in the failure of
following law rules that consist of guidance that directs people for understanding legislation,
regulations that depict and takes charge of securing employer’s interest and ACOP which is
determined as approved codes of conduct practised for structuring laws and rules for working
methods.
It is important to dispense and conduct effective training sessions for employees that guide them
for ensuring customer safety at the premise and journey duration. The safety responsibilities
should be understood by the firm’s hierarchies, team members and managers. The act gives a
prescription for management rights and responsibilities for managing explicit emergencies.
According to Occupier’s Liability Act incorporated in 1984 that mentions safety and security
should be maintained by premise occupier in England and Wales for trespassers and visitors
(Tetrick, et.al, 2017). Hence, it is necessary for tour operators to follow health and safety laws
for successful operations.
4

2.2 Analyze legislation that relates to equality
The Expat Explore employer needs to ensure that equal treatment must be given to employees till
their employment course. In the tourism sector, equality legislation focuses on giving equal
chances to workers and travellers in the industry for better services. The employer of Expat
Explore restricts discrimination factor within customers and employees that consist of likes,
religion, disabilities, dislikes, race etc. The equality act has been formed by including different
legislations that gives equal treatment to employees and customers. The Sex Discrimination Act
(1975) is aimed at eliminating gender discrimination within employees and customers (Jenkins,
2018). Women or men shouldn’t be given chance for any situation to get present in company
general strata. Hence, the employers must treat all equally either men or women in any
conditions not even job performance of the single employee.
Disability Discrimination Act (1955) has created a rule for not discriminating individual for its
disable factors. The standard task performance opportunity must be equally provided to disable
person for showing its efforts and results. The disabled person should not be discriminated for
training, promotion and transfer. Employee Protection Act (1978) aims at protecting job vacancy
by signing an agreement after a probating period that must include pay scale, joining date, terms
of dismissal and employment. It should also include responsibilities, duties, holiday allowances
and pension scheme details with the proper manner that should be the same as the first day of
joining.
The aim of equality legislation is to provide equal treatment and opportunity to the employee in
context to applying for a job or sustaining in the organisation (Dau-Schmidt, et.al, 2016). In
context of the tourism industry, the tour providers and service operators must dispense equal
treatment to customers regarding comfort and stays. It is essential for employers to ensure that
employees are recruited based on adopting the ethical process and approach for providing service
to customers.
5

M2 Selecting and designing relevant theories and techniques or legal rules for dealing with
health and safety related issues
The legislations are enhanced fir providing safety and security with the employees as well as a
customer by eliminating factors that exploit from discriminated business practises. The tourism
sector minimizes factors of discrimination by practising rules and regulations maintained by the
country’s government. The health and safety act has provided various points from which
protection of employees and customers is given in campus and journeys that help in increasing
faith and trust of customers for again getting into same tour operator package. The Expat Explore
requires initiating such acts from giving equal treatment in an organisation that will enhance the
working capacity and performance of employees without degrading the tour operator’s image
(Hancock, 2015). It also safeguards by preventing from accident, injury and safety. Different
equality legislation has provided several benefits to organisations which are as follows;
 The act has provided an opportunity for developing occupational and personal safety
regarding the health and wellness of employees as well as customers that promote the
image of the tour operator with the best services for jobs and tour packages.
 The hazard can be easily eliminated by keeping tools and equipment at the workplace for
dealing with any campus injury and it should available at the time of conducting journeys
for securing and providing medical facility or treatment to travellers for avoiding large
health mishaps.
 The act and legislation have prepared for securing workers and employees at the campus
from discrimination that is based on colour, gender, caste, sex, nationality etc that aids in
giving equal treatment to each employee in hiring and firing without any personal bias.
 Such acts provide secure walls in the organisation for disabled people that are
discriminated in terms of providing promotion, training, organisational benefits etc that
impacts their morale and confidence for leading task (León, 2016).
6

Task 3
3.1 & 3.2 Explain contract legislation and consumer protection legislation in relation to travel and tourism customers
7
Contract Legislation for Travel and Tourism
Customer
Consumer protection Legislation for Travel and
Tourism Customers
Contract legislation refers to documenting an
agreement that includes more than two parties by
agreeing on rights and obligations enforced by law of
country. The tour and travel operators hold binding
contract that mentions details of consumer payments
and services. The contract created for traveller
mentions journey duration, stay cost, arrival,
departure, destination etc for becoming valid
document. The contract gets impacted in case
organisation does not follow the procedure or targets
that are mentioned in contract. Based on scenario, UK
travel operator has gets negative review from
customer due to dissatisfaction from tour planned for
Spain that directly affected growth of service provider
(Green, 2017). Hence, it is important for parties to
focus on key points that make contract valid a relevant
that includes consideration, offer, competent party,
acceptance, better conditions and terms and
establishing legal business relations.
The Sale of Goods Act (1979) –
The regulation was created for
English contract law and UK
commercial law that purchases
services and goods that are
bought for selling and
purchasing. The act is aimed at
developing legal contract in
which the goods and products
are transferred or agreed to
change for gaining financial or
money benefits that is identified
as earnings. Contract gets
terminated in case of damage or
breaching to agreement. The
operations for travel and tour
operator become much easier
under this act as commodity
purchasing and selling gets
faster and proper.
Supply of Good and Services Act (1982) – The
contract is enforced for making mandatory for
suppliers to dispense services and products to
consumers based on contract laws for reaching
consumer satisfaction (Bridge, 2017). In hotel
industry, customers should be provided with clean and
managed rooms for providing satisfaction mentioned
in contract that boost reputation of service provider.
Consumer protection legislation aims at securing and protecting rights and
interest of consumers for being exploited by large business firms and travel
agents. The image has been affected of the travel agent that has provided
services to customers regarding Spain tour in which he received low services
that dispensed that customer with discontentment. In such situation, the claim
for compensation should be provided to customer for that the government has
planned various laws for securing consumer rights that are mentioned below
(Becher, 2018).
Consumer Protection Act (1987) – It provides
protection to consumers regarding their rights. The
trade should provide information for products and
services to customers for avoiding health mishaps. For
example – the product ingredients and information
must be mentioned on packages for minimizing health
and safety risk. In tourism sector, fraud, product
liability and unfair trade practises are different
problems against customers. The law restricts product
liability, legal authority functioning and eliminating
high prices of goods.
Trade Description Act (1968) – The law is created for eliminating misleading and false
pricing strategies related to tourism services, goods or accommodation. The officer is
appointed for dealing with trading standards of travel agents by determining incorrect
information provided to traveller from which they wasted their money. The consumer in
such situation can file case to fight against their right and money exploitation regarding
services and goods by proof collection of package details and payment slips. The
government gives punishments to operators by telling to compensate to customers in
legal manner (Scott, 2018).
Moreover, the tourism industry utilizes aircrafts for making
travelling fast and easier that needs to get license for
conducting Aviation Travel by providing monetary help in
form of bonding, trade accounts and insurance facilities. The
consumer protection legislation has provided various
opportunities for safeguard customer and employee rights.

Task 4
4.1 Analyze ethical dilemmas faced by the travel and tourism sector
Travel and tourism industry carries different complex elements that are still unregulated and
developed. Different sectors like management, hospitality and logistics are depending on aspects
that are inseparable. The hospitality sector is aimed for building relationships and catering
prospective consumer needs at affordable prices. Based on such factors the dilemmas have been
found that are cross cultural. The tourist activity of the country is impacted by political factors
that bring dysfunctional and instability. For example – Syria or Russia that is governed under
political warfare and riots that draws negative impact on tourist choices. Age and economy are
two factors in which tourist are categorized (Ingram, et.al, 2017). The countries that are
challenged economically aims at attracting customers by arranging an urgent visa for avoiding
documentations that includes of Nepal and Bangladesh. On contrary, USA and UK bound
through strict regulations of tourism by paperwork and documentation that requires customers to
submit in advance.
According to research, there are several areas that contain ethical dilemmas by giving impact on
the country’s tourism such as corruption, bribery, racial discrimination, wasting natural
resources, sexual harassment and providing unhealthy food. Corruption is identified as a criminal
activity that is done for getting personal benefits that consist of extortion, embezzlement, bribery,
goods appropriation etc. The equal opportunity is provided to women that work in different
countries. The study of European Union States has found that women were getting discriminated
at the office that was stopped after enforcement of Equal Treatment of the Men and Women Act
(ETA).
Employing child labour is wrong that includes cleaners, helpers, sales representatives that are
majorly found in developing countries. The problem of poverty and unemployment increases
such forced conditions in which the law is not understood by children that also consist of child
trafficking, pornography and molestation that are declared as illegal acts by UN (Gmelch and
Kaul, 2018).
8

4.2 Analyze the Corporate Social Responsibility (CSR) policy of specified travel and
tourism business
Corporate Social Responsibility is identified as social strategies that are adopted by organisations
for paying a share to community. There are different activities in CSR such as practising
sustained growth, protecting the environment and equal opportunity. It is important for the
tourism sector to connect with the local community for conducting CSR for identifying business
responsibilities and needs for them. CSR policy is focused on initiating using environmental,
cultural and social factors for reducing wastage, preserving biodiversity and heritage. For
maintaining the country’s destination, the tourism industry must practise CSR policy in a specific
timeframe (Hughes and Scheyvens, 2016). The heads of CSR policy includes:
 Conserving and preserving natural destinations and views for tourism encouragement by
improving environmental factors.
 Giving charities for accomplishing CSR duty for enhancing brand promotion that will
boost publicity of business that is identified as philanthropy.
Thomas Cook is best suited for initiating CSR policy that focuses on community protection. It
conducts CSR every year by aiming to identify certain elements that consist of:
 Promotion of cultural and social values.
 Protection of endangered wildlife
 Providing fair pricing to consumers
It has recorded a boost of 80% in the year 2014 under sustainable excursions in the local label.
For the better promotion of employee customer relations, it launched a programme of One
Million Heats that made business more innovative and leaner that aimed at minimizing wastage
that achieved major effectiveness by 35%. The planning has been done to aim at various targets
such as employee engagement, raising funds, promoting charities, initiating consumer campaigns
for enhancing holidays much greener by Travel Foundation.
The Thomas Cook is identified as the first travel agent that invented holiday package concept for
CSR promotion that provides inspiration and motivation to many firms (Coles, et.al, 2015). It has
established an ethical code of conduct to achieve success in community contribution.
9

M3 Present and communicate appropriate findings in travel and tourism sector
The sector of travel and tourism has recognised key elements that are determined as ethical
problems to business such as green issues, income leakage, employment rules, false destination
information and customer complaints. The travel agents and operators get a problem when they
eliminate the factors of preserving environmental and community factors that play an essential
part in conducting fair trade with customers as well as global suppliers of services. It is important
for travel agents and tour operators to indulge or practise corporate social responsibility that
enhances positive results and decision making criteria (Truong and Hall, 2017). Planning tour
requires focusing on various factors that impact the functioning and practises of business. The
above task has mentioned several ethical dilemmas that impact the result of the organisation if it
is indulged in illegal activities. It is important to eliminate illegal factors for securing the position
and reputation of travel industry.
CSR policy has provided various benefits to tourism industry by providing the points that aid in
conserving and preserving social, cultural and environmental aspects. The products and services
are provided to customers in a standardized and globalized manner that gives full consumer
satisfaction as the expectation of customers have been achieved at better rates. Using of CSR
policy in travel and tourism sector provides transparency and fair trade policies, better treatment
to the stakeholders, quality services, enhancing ethical business practises, giving respect to local
culture and community, etc for achieving global and successful results in serving customers from
various countries that have trusted tour operators or agencies. Better employment opportunities
with skilled staff in the industry will also provide success as CSR policy initiation becomes
much easier from competent workforce (Camilleri, 2018). It creates transparency in transactions
and innovative ideas that are provided to business owners for providing better services and
products to customers.
10