Legal and Ethical Frameworks in the UK Travel and Tourism Industry

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Legislation and Ethics in Travel
and Tourism Sector

TABLE OF CONTENTS
Introduction......................................................................................................................................1
Task 1...............................................................................................................................................2
1.1, M1, M3 Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales..................................................................................................2
1.2, M1, M3, D1 Discuss surface, sea and air transport law.......................................................4
Task 2...............................................................................................................................................6
2.1, M1, D1, D2, D3 Evaluate the impacts of the principles of health, safety and security
legislation.....................................................................................................................................6
2.2 M1, M3, D1, D3 Analyse legislation that relates to equality with reference to a UK tour
operator and travel agency...........................................................................................................7
3.1 M1, M3 Explain contract legislation in relation to travel and tourism customers................9
3.2 M1 Explain consumer protection legislation in relation to travel and tourism customers. .11
Task 4.............................................................................................................................................13
4.1 M1, M3, D1, D3 Analyse ethical dilemmas faced by the travel and tourism sector...........13
4.2 M1, M3, D1, D3 Analyse the Corporate Social Responsibility (CSR) policy of a specified
travel and tourism business........................................................................................................14
Conclusion.....................................................................................................................................15
References......................................................................................................................................16

Introduction
Legislation and ethics plays an important role in conducting business activities in the most
appropriate manner. The current report will consider the example of travel and tourism and its
related air, sea and transport laws. It is essential for travel and tourism industry to protect the
right of travellers and in this context the report will highlight the principles of security as well as
health and safety while offering various types of products and services. Along with legal issues,
travellers now days are suffering from unethical issues and therefore the report will highlight
number of ethical dilemmas faced by the travel and tourism organization along with importance
of Corporate Social Responsibility.
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Task 1
1.1, M1, M3 Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales
Figure 1: Outline of court Structure in England and Wales
(Source: Legal Research Guide: United Kingdom, 2019)
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Legal and regulatory framework of the travel and tourism sector with reference to
England and Wales
Regulatory framework of UK
also follows the processes of
various types such as
Advisory, Conciliation and
Arbitration Service (ACAS)
that is well known
as Crown non-departmental
public governmental body
and its main aim is to
improve the overall
functioning of organizations
(Urwin, 2018).
Justices of Supreme Court hears the appeal from UK
jurisdiction. Judicial functions of House of Lords as well as
the Privy Council are transferred to the Supreme Court. Court
of Appeal is then further divided into civil division that hears
appeal from county courts and high courts while criminal
division hear appeals from Crown Court. It comprises of Lord
Justices and the structure further includes high court of justice
with several other divisions responsible for resolving major
and critical cases. Crown court is referred to as court of first
instance which is responsible for imposing life sentences and
critical fines and hears appeal from Magistrates court.
Magistrate courts are only the criminal courts (Legal Research
Guide: United Kingdom, 2019).
Court of England and Wales includes barristers and solicitors.
Barristers represent its clients as per the instructions and
recommendation of solicitors. They are organized into
chambers but are considered as self employed. Solicitors on
the other hand are employed either as sole practitioner or
within the large multinational firm. They are responsible for
providing all types of legal services and guide barristers.
In context to travel and tourism sector, there exists
number of regulatory bodies such as Strategic Rail
Authority (SRA) that aims at management of laws
along with tourism services according to the
Transport Act of 2000. Health and Safety
Executive (HSE) is the government agency that
regulated health and safety at the workplace of
travel and tourism organizations. International Air
Transport Association (IATA) is associated with
effective functioning of airlines while undertaking
activities such as tracking of routes as well as
schedule of flights. In this context, it design and
formulate strategies for overcoming the issues
associated with alteration of flight routes.
Air Travel Operators’ Licensing (ATOL) is formed
for the purpose of looking at licensing of the
service provider by travel and tourism
organizations in UK. It also assists the travel
organizations that provide holiday packages to
travellers. Association of British Travel Agents
(ABTA) that considers code of conduct related to
tourism issues that includes booking, insurance
notification etc.
Criminal legislative body
aims at appropriate
structuring of tourism
industry while protecting
the rights of tour operators
and on the other hand
civil laws focuses on
establishing quality for
both tourists as well as
non tourists. It further
support regulation of
operations of contracts
signed by tourist as well
as tourism organizations.

1.2, M1, M3, D1 Discuss surface, sea and air transport law
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Surface, Sea and Air Transport Law
Surface Laws: Surface transportation is governed by The
International Carriage of Passenger by Road Act, 1979 under
which carriers are responsible and liable for any type of
cause on passenger For an example, if there occurs situations
of injury or death of passengers as well as damage to their
luggage then as per the act the carrier is responsible for
providing compensation facility. It will further protect the
rights of travellers in terms of providing free travelling or
paid according to the permission granted by carrier.
Sea Laws: Athens Convention 1974 Act is an internationally
recognized act for the carriers which are responsible for
making international journeys through seas. This also
imposes laws and regulations for any injury or loss to the
luggage related to passengers while travelling or loading or
unloading of luggage (Hill and Kulkarni, 2017).
Air Laws: Air transport conventions and protocols
include Warsaw 1929 that regulates the conditions
related to international transportation in uniform
manner. It includes checking of documents for
transportation as well as inform about liability of
carriers. Hague 1955 is the protocol that amends
various provision related to the liability regarding
wilful misconduct. In addition to this, Denied
Boarding Compensation Schemes, European
Union (1997) focuses on raising the standards of
air passenger’s protection with the EU and also
makes sure that air carriers conduct activities as
per harmonized conditions.
British government has introduced number of norms along with legislations and regulations so that air, sea and
surface transport can be managed in an effective manner. Entities are to make sure that travel organization provides
services to travellers while complying with general laws (Gwilliam and Mackie, 2017). Laws related to different
types of transportation are as follows:

Task 2
2.1, M1, D1, D2, D3 Evaluate the impacts of the principles of health, safety and security
legislation
The main motive of principles of health, safety and security is to regulate various tourism
activities that do not harm travel organization, employees and travellers in any manner. Current
domestic and European legislation in context to health, safety and security of employees and
travellers in UK travel and tourism industry are as follows:
Health and Safety at Work Act 1974: According to the act, it crucial for travel and tourism
organizations to provide health and safety protection of employees as well as other individuals on the
premises. Travel and tourism organizations must focus on developing appropriate environment at the
workplace so that situations of accidents and injuries can be avoided. In this context Thomas Cook
must focus on providing training and guidance to their employees so that abilities and skills for using
safety equipments can be utilised effectively (Holt and Allen, 2015). In addition to this, employers
are liable to report about hazardous and dangerous situations at the workplace. The law helps the
organization to comply with legislations.
Occupiers Liability Act 1984: Under the act, Travel organizations such as Thomas Cook monitor the
operations in a regular manner so that risks and accidents can be reduced. It imposes responsibility
on occupier to other persons such as trespassers other than the visitors. As per the act travel
organizations are liable to maintain the security and safety of premises and surrounding areas within
the range. For an example, warning sign on renovating or construction area must be employed around
the premises.
Data protection: As per Data protection act 1998, travel and tourism organization are liable to
secure the personal information of personnel whether it be the employee or customers. Thomas
Cook must use data base for securing the information of customers. Data protection will help the
organizations to gain the trust of customers.
Duty of care and vicarious liability: As per the Tort law, duty of care is a legal obligation imposed
on the individuals to make sure about well being and safety of others. Travel and tourism
organizations like Thomas Cook must provide appropriate tourism products and services that do not
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harm travellers in any manner (Deakin, 2018). In addition to this, organizations are liable to have
duty of care towards the employees under which appropriate health and safety measures are essential
to be implemented. Vicarious liability on the other holds the responsibility for harm or damages
caused by others within the organization. For an example, if the traveller is provided with false
information by the agents of Thomas Cook, still the organization is responsible for the action of its
agent.
Main purpose of act is to ensure that employees and customers associated with the organization are
valued and helps the customer to show their trust by repeating the purchase of product in future also.
2.2 M1, M3, D1, D3 Analyse legislation that relates to equality with reference to a UK tour
operator and travel agency.
Travel and tourism organizations are liable to focus upon serving customers and employees in an
equal manner. Employer is responsible for eliminating discrimination at the workplace in any
manner such as religion, gender, etc (Conde-Ruiz and Hoya, 2015). Thomas Cook must focus on
providing equal treatment to its customers and employees so that exploitation issues can be
eradicated effectively. In equality will put negative influence on productivity of employees and
also affects the decision making of customers. Some of the equality laws that are essential to be
managed by Thomas Cook are as follows:
Sex Discrimination Act 1975 and Race Discrimination Act 1976: Acts are beneficial in protecting
the rights of employees and customer in terms of unjustified behaviour of travel and tourism
organization. As per the act, employees are directed to consider the obligations and rights in an equal
manner. Employee’s discrimination in any manner might influence their productivity and as a result
customers can also switch to some other organization.
Employment Protection (Consolidation) Act 1978: As per the act, employer is responsible for
providing the employment contract in the written format that includes all the terms and condition
agreed by both employer and employee. This will help the employees in situation of insolvency of
employer, industrial tribunals, etc.
Disability Discrimination Act 1995: The act is important for serving all the employees serving travel
and tourism organizations in an equal manner irrespective of disability (Fredman, 2017). As per the
law Thomas Cook must make relevant changes in its current practices so that disabled individual
gains the opportunity of working in an effective manner.
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Human Rights Act 1998: Under the act employees and customer’s holds the right to speak about
their views and opinions elated to organizational practices and policies. For an example, customers
are allowed to give feedbacks to the tour operator related to their holiday packages.
Act in all help the organization to maintain fair trading of products and services and also help the
employees to be the part of organization for longer period of time.
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3.1 M1, M3 Explain contract legislation in relation to travel and tourism customers
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Contract Legislation in Relation to Travel and Tourism
Customers
Contract is the legal agreement that signed between
the two parties when agree to common terms and
conditions. For an example, when the travel agents
provides additional products or services in the current
holiday package then it is important for both
customers and travel agents to agree on its prices and
other terms and conditions. However if one of the
party is not satisfied and decided to break the signed
agreement, then that party is liable to pay penalty
towards the party who breached that contract (Ivanov
et.al.2015). For the contract to be valid, travel and
tourism organization must focus on elements such as:
 Offer: This is the important element for that
valid offer. For an example, customers must
agree to the terms and conditions included in
the contract and travel agent or organization
are liable to explain each and every point
included in the contract in clear manner.
 Acceptance: This includes acceptance of
customers to all the terms and conditions
included in the contract.
 Consideration: Contract is considered to be
valid only after some considerations. For an
example, price of the holiday package
demanded by tour operator can be considered
as consideration.
 Capacity: Parties involving the contact must
fulfil factors such as age. For an example,
customer entering into the contract must be of
or above 18years as per the contract laws.
 Certainty: As per the valid contract
conditions, both the parties must be aware of
included terms and conditions. For an
example, miscommunication related to star
rating of the accommodation facilities will
make the contract invalid.
Contracts made by the Thomas Cook are related to
Contracts for supply of goods: Travel and tourism
organizations must make sure that products and services
provided must of better quality and fulfil the purpose of
travellers. Customers expect services and products with
reasonable skills in return of the amount paid. For an
example, accommodation facilities must be provided in
accordance with price paid and as per the terms and
conditions included in the contract.
Contracts related to package holidays: Contract is signed
between both the parties when tour operator agreed to all
the terms related to holiday packages stated by the
consumer then tour operator is liable to provide all the
services are provided accordingly. As per the act, holiday
package must constitute of minimum of two services. For
an example if the package includes flight services and
accommodation facilities, then the same must be provided
and in worst scenario, tour operator is liable for contact
breaches (Morris et.al.2015).