Legislation and Ethics in Travel and Tourism: A Report on Thomas Cook

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

[LEGISLATON AND ETHICS IN TRAVEL AND TOURISM]

INTRODUCTION
The tourism sector is the fundamental core sector that makes a substantial contribution to
the GDP of the economy. The purpose of the report is to discuss the aspects of the travel
and tourism industry through the UK. According to statistics, it contributes over $ 7 trillion
by way of Annual sales. Thus, the assignment aims to focus on the legislative aspects of the
travel and tourism industry in the UK. It also discusses the ethical practices and moral values
that affect the tourism industry (Swanson and Edgell, 2013).
Furthermore, the report delivers a deep understanding into tourism activities with respect
to Thomas Cook. It is important to understand the regulatory framework as applicable to
their business with reference to England and Wales. Moreover this assignment throws light
on the ethical problems faced by the company as well as the integration of CSR pole so as to
improve the customer experience across the travel industry (Fenell, 2011).

LO1
1.1 EXPLAIN THE LEGAL & REGULATORY FRAMEWORK WITH
RESPECT TO TRAVEL AND TOURISM SECTOR
There are various laws and regulations as framed by the UK government for effectively
monitoring the tourism industry in the UK. The aspects of ethical principles, as well as the
legal framework, put an imposition on various travel operators in the UK to understand
the provisions and provide appropriate service in order to enhance the customer
experience in UK Travel & Tourism (Hall, 2013).
The understanding of significant legislation as applicable to Thomas Cook as follows:
Tourism act of 1969
The law was established by British Tourists authorities so as to lay down the ultimate
objectives of various tourists operator in the industry. The act entrusts responsibility on
the tourist's operator to provide the tourists with more relaxed and warm experience. It
also lays down the rules regarding the effective provision of services with respect to tour
operators in the UK (Hall, 2013). Furthermore, this requires synchronisation of efforts by
the various tour operators for the development of the tourism sector in the UK.
Transport act of 1980
The act provides a regulatory mechanism with respect to the operation of public and
private bus transport companies. It also makes the provisions related to the de-regulation
of bus transport services on an experimental basis.
Package Travel, package Holiday and package Regulation of 1992
The regulations to provide the framework related to facilitation of effective services to
the consumer in the tourism industry. It also emphasizes on the regulations that are
related to packaging holidays. Furthermore, the act provides protection to the consumer
in case of any fraud services. Thus, t is required by every tour operators to provide quality
services as promised (Weed et al., 2011).

Regulatory Mechanism
Apart from this, there are several regulatory frameworks that focus on the structure of
working related to travel and tourism business. Thus, every tour operator’s s abide by
such regulations in the UK.
Health & Safety Commission
The mechanism provides several measures related to the health and safety of tourists in
the industry. The common set up the rules and regulations in case of any non-compliance
of such practices. Thereby, Thomas Cook is required to incorporate such practices into
the tourism business (Baddeley and Font, 2011).
In addition to this, Regulation (EC) No.1371/2007 focuses on rail travel and provides rules
related to the abolishment of discriminatory practices with respect to disabled people.
The regulatory mechanism also provides assistance to the differently abled people on the
airports. Also, Regulation (EC) No.1073/2009 requires setting up rules and provisions
related to overnight accommodation in the industry (White, 2016).
conclusion
It can be determined that the compliance of the above laws and provisions s essential for
the smooth running of the tourism business in the UK economy. This further leads to
enhance the customer experience with respect to tours and travel.

1.2 DISCUSS THE SURFACE, SEA AND AIR TRANSPORT LAW IN
RELATION TO THE CARRIAGE OF PASSENGERS
Surface, Air and Sea law applicable to the UK economy
The laws related to air, surface and sea provides the guideline related to the operation of
the tourism business in the UK. Thu, the discussion of these laws in the context of various
legal regulations and framework as follows:
Surface law
The laws of surface transport are supported by the International carriage of passenger
act of 1979 that aims to protect the rights and interest of passengers on the board.
Thereby, it discusses all the claims related to passenger death and mental disorder of the
passenger. As far as Carriage by railway act of 1978 provides the compensation in case of
loss of luggage of the passenger (Drion, 2013). Thus, the laws related to surface transport
discusses the safety regulations regarding the transport of goods and passengers as well
as safeguard the interest of disabled passengers.
Sea law
The laws and regulations related to sea transport contain the provisions of safety and
security of sea craft. Thereby, it also provides regulations related to environmental
factors. The act of Anthen convention 1974 framed by the UK government in order to
regulate the transportation of international passengers as well as domestic passengers by
sea. It also provides at least 12 no. of passenger required for fire safety and lifeguarding
equipment (Smith, 2014). Thereby SOLAS act covers the liability of the ship power
towards damage.
Air law
There are several laws that govern international carriages by aircraft. One such act is the
Warsaw convention of 1929 that covers the aspects of liability in the event of passenger
death. It also provides the right to claim in case of personal injury. Apart from this, The
Five Freedom Agreement in 1944 contains rules with respect to land across the territory,
passenger landing and cargo in a specific territory (janssen et al., 2013).

Conclusion
Thus, it is required by Thomas Cook to effectively integrate the transport laws related to
Air, Surface and Sea for the effective running of business operations in the Travel and
Tourism Industry (Smith, 2014).

LO2
2.1 EVALUATE THE LEGISLATION RELATED TO HEALTH,
SAFETY AND SECURITY IN TRAVEL AND TOURISM SECTOR
The mechanism related to health and safety required to be incorporated across the tourism
industry so as to protect the interest of tourists and other people at the workplace. The
framework of health & safety regulation is important to maintain the corporate culture with
respect to Thomas cook (Smith, 2014). The legislation provides security measures that
reduce the risk of accidents in the travel and tourism business. Thus, the common regulation
that deals with the aspects of health & safety as follows:
The Health & Safety Regulation of 1974
The regulation puts the responsibility on the employer to provide Clean & Hygienic working
environment to all the people working in the tourism sector. The basic principles of the act
are based on carrying out risk assessment procedures on regular time intervals. Henceforth,
the primary motive of the act s to reduce the risk in the hotel premises and make special
arrangements for health and safety standards(Hughes and Ferrett, 2011).
Occupiers liability act, 1974
The act imposes the obligation on occupier so as to implement safety standards so as to
effectively deal with the visitors who visited his land. It is mainly concerned with the lawful
entrants and duty of care owed to visitors.
Data protection act of 1984
The acts restrict the travel operators to share the confidential information of travellers that
have been collected at the time of reservation. This hereby maintains the confidentiality of
information and security of data for the specific purpose.
The human right act of 1988
The basic purpose of the act s to set the rights of the human as free that includes the right
to education and information. This further improves the dignity and standard of living with
respect to their life (Tarlow, 2014).

Approved Code of Practices
The UK government laid down some code of practices for effectively dealing with workplace
safety.
 Maintain hygiene with respect to machinery and equipment.
 Ensure safe operating zone in the hotel.
 Installation of fire safety equipment’s in the event of an emergency.
 Policies with regard to providing a safe and pleasing working environment for the
guests.
 Maintain a track of safety statement on regular basis on regular basis (Tarlow, 2014).
Impact of health & safety legislation
Thomas Cook requires to give important ace to health & safety mechanism in order to
ensure the safety of the guests in the hotel. It is essential to mitigate the risk of unplanned
accidents and address the common challenges faced by the traveller. This will further raise
the standard of travel experience in the travel industry.
Positive Impact
 Health and safety practices promote awareness in the industry.
 It provides a guideline and induces aspects of professionalism.
 The standard ensures the proper structuring of work in the tourism industry.
 The legislation ensures the risk assessment on periodic time intervals.
Negative Impact
 The standards that relate to health & safety are complex and lengthy.
 The policies may be susceptible to a hazardous situation.
 Inappropriate evaluation can impact the safety of the customer.
 Sometimes the practical application of the standards is difficult (Waughray, 2014).

2.2 ANALYZE THE LEGISLATION THAT RELATES TO EQUALITY
Equality law states that everyone should be given fair and equal treatment at the workplace.
It focuses on curtailing down the discriminatory practices on the basis of any ground. There
are various acts and principles that provide guidance to Thomas Cook in relation to the
equal level of services to all the guests in the tourism industry.
Equality act of 2010
The law avoids discriminatory practices on the grounds of sex, religious beliefs, disability,
caste, colour, race or any other similar grounds. It emphasizes on deliberation of equal
treatment with everyone at the workplace. Thereby, it is required by Thomas Cook to
provide an equal level of services and utmost care for both employees as well as guests
(Waughray, 2014).
Sex Discrimination Act of 1975
The main purpose of the act is to eradicate unfair treatment on the basis of sex and marital
status in the tourism industry. Besides, it safeguards the interest of the people and provides
equal opportunity in the organization. This act also emphasizes on providing fair and justice
treatment to the trans-sexual people (Beukeboom and Perrin, 2014).
Race discrimination act 1976
The parliament of the UK established this act so as to prevent so as to avoid inequitable
treatment on the grounds of the race. It also contains several remedial measures for the
people that are being mistreated on the grounds of racism and colour.
Employment Protection act 1978
The act provides protection to the individual rights and interest along with requires
facilitating the good working conditions to all the employees in the organization. Thereby,
Thomas Cook is abode by the provisions of such act (Medlik, 2012).

LO3
3.1 EXPLAIN THE CONTRACT LEGISLATION THAT RELATES TO
TRAVEL AND TOURISM CUSTOMER
A contract s termed as the legal agreement that binds the action of the two parties in
order to deliver promised services with respect to the travel and tourism industry. A legal
contract is enforceable in the court of law and acts as evidence in the events of the
disclosure.
Thus, a holiday contract consists of an essential element that regulates the working of the
Travel and Tourism industry. The various elements are described below:
 Offer- An offer to the client is given in the form of a holiday package that is
required to be signed by both the parties for entering into a contractual
relationship (Medlik, 2012).
 Consideration- This s known in the terms of the amount charged by the tour
operator from the traveller. Thus, it is an important aspect to prove the legality of
the contract.
 Certainty- A clear contract must have certainty and transiency with respect to the
terms and conditions of the holiday package. Thus, it is required by the tour
operator to keep up to their promise (Zapata et al., 2018).
 Capacity- A capacity is determined in terms of mental level and sound mind of an
individual to challenge the contract in the court of law.
 Mutual assent- The consent of both the parties must be there so as to understand
their obligation and realization of the contract (Evan et al., 2012).

 Acceptance- The final acceptance to be given by Traveller with regard to the
booking of the tour package.
Besides this, there are also provisions related to the non- compliance of the contract
conditions under the unfair contract terms act of 1977. The act emphasizes on the
reasonable care and skill with regard to the serves carried out as per the contract.