Travel and Tourism: Legal and Ethical Frameworks in the UK

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LEGISLATION AND ETHICS IN
TRAVEL AND TOURISM SECTOR

Contents
LIST OF FIGURES.............................................................................................................................2
INTRODUCTION............................................................................................................................. 4
TASK 1............................................................................................................................................ 5
1.1.............................................................................................................................................. 5
1.2.............................................................................................................................................. 7
TASK 2............................................................................................................................................ 9
2.1.............................................................................................................................................. 9
2.2............................................................................................................................................ 11
TASK 3.......................................................................................................................................... 12
3.1............................................................................................................................................ 12
3.2............................................................................................................................................ 13
TASK 4.......................................................................................................................................... 15
4.1............................................................................................................................................ 15
4.2............................................................................................................................................ 17
CONCLUSION............................................................................................................................... 19
REFERENCES.................................................................................................................................20

LIST OF FIGURES
Figure 1: Thomas Cook Logo....................................................................................................4
Figure 2: ABTA Logo...................................................................................................................... 5
Figure 3: HSC Logo.........................................................................................................................6

INTRODUCTION
Legal framework or legal system refers to the rules, regulations, and right stated by the
government according to which the activities are to be performed and behavior has to be
conducted in an organization (Hepple, 2014). Travel industry deals with the business of
attracting, accommodating and providing travel pleasures to the tourists traveling outside their
home city or country.
Thomas Cook is a multinational travel organization which is considered as the oldest name in
the travel and tourism industry. The firm was formed in the year 1841 and is headquartered in
London (Thomas Cook Group, 2019). Serving about 19 million customers every year, the
organization is known for providing quality travel and tourism services in the world.
Figure 1: Thomas Cook Logo
[Source: Thomas Cook Group, 2019]
Through this report, the legal and ethical framework of the travel and tourism industry has
been studied and regulatory framework for different modes of transport has been determined.
This report also covers the health and safety measures and customer protection regulated by
the legal framework in the travel and tourism industry. The report also assisted in
understanding the importance of business ethics in the travel sector. Task 1 and task 3 of this
assignment have been represented in the form of leaflets and task 2 and task 4 have been
performed in the form of a report.

TASK 1
As a travel law consultant, this leaflet has been presented for the training purpose for Retail
Travel consultants and covers the legislative framework impacting the travel and tourism
industry in the United Kingdom.
1.1
The legislation in tourism industry covers a
framework of rule and regulations implied
upon the travel agencies, tour operators,
travel organizations, etc. (Cîrstea, 2014) The
key purpose of establishing legislation in
the travel sector is to control and develop a
healthy working environment in the
industry through review of health and
safety, customer protection, employee
rights, contract laws, etc. With the rise in
the concept of globalization, travel and
tourism industry has rapidly grown.
However, to control various legislations
have implied rules and regulations over the
sector so that it can ethically operate.
Association of British Travel Agents,
commonly known as ABTA, is a UK based
travel association which defines the code of
conduct to be followed by the travel agents
and tour operators. The main function of
ABTA is to untie all the tour operators and
present as their voice to the government
(ABTA, 2019). Their main functions are to
upgrade the standards of the tour sector
and creation of a healthy and safe
environment of the tourists. ABTA provides
a code of conduct to the member tour
operators and travel agents of the
organization and their customers for
safeguarding both the parties in the tourism
industries. This association also provides
financial protection to the customers and
the member and defines the guidelines for
refund or payback of amount (Archer and
Syratt, 2012).
Figure 2: ABTA Logo
[Source: 8. ABTA, 2019]

Health and Safety Commission is a public
body which has been established by the
government of the UK for the prevention of
injury and health in the working
environment of an organization (HSC,
2019). This organization was established
under the Health and safety work Act 1974
to secure the working environment of an
organization by mandating to adopt safety
measures by the organization. The HSC
inspectors inspect the operational premises
of the organization to ensure that the
working environment is secured and the
necessities of safety are being fulfilled in
the organization. With the merger of Health
and Safety Executive in the year 2008, a
merged organization is now controlling the
responsibility of creating a healthy and safe
working environment in the organization.
Figure 3: HSC Logo
[Source: HSC, 2019]
Also, there are various acts that have been
implemented for the legal framework in the
travel and tourism industry (Page and
Connell, 2014). Development of Tourism
Act 1969 has been established by the British
government for promoting the
development of the travel industry and
open opportunities for the organizations in
this sector by providing financial assistance,
easy registrations of hotels, easy trade, and
business facilities, etc. (Murphy, 2012) It
has established combined by the British
Tourist Authority and the tourists boards of
Scotland, England and Wales for boosting
up the travel and tourism industry and
proper functioning of organizations of the
industry.
In the year 2016, a Tourist Action Plan was
established by the British Government for
enhancing the travel sector. This plan
prioritized many aspects of the tourism
industry which allowed the organizations to
take innovative measures for competitive
advantage in the market through the
development of all the factors affecting
tourism in the country (Spenceley, 2012).

The key purpose of this plan was to develop
skills and abilities in the employees working
under the tourism industry and to develop
better transportation and environmental
systems to provide a huge satisfaction to
the customers.
1.2
The tourism industry has been a significant
industry in contributing to social and
economic conditions of a country.
Transportation holds a vital responsibility in
the tourism sector (Vellas, 2016). For
different modes of travel, there are various
regulating bodies and legislations implied
by the British government, which are to be
followed by the organization.
Transportation in the travel industry can be
classified into surface travel, sea travel, and
air travel.
Surface Transport
Surface transport includes the movement of
people or goods by means of road or trains.
Any kind of travel which is based on the
surface is included in this travel. Carriage of
Passengers by Road Act 1974 has been
applied by the British Government to secure
the passenger's rights while surface travel.
Under this act, the carrier has the
responsibility to drive the passengers to
their destinations in secured manners and
various remedies have been proposed for
compensation of any injury incurred under
certain specified circumstances (de
Gonzalo, 2017). The law also states the
maximum number of passengers that can
be carried in the carrier. UK rail regulations
have been handled under the Railways Act
2005 and Railways and Transport Safety Act
2003 through which the government of UK
regulated the railway system in the country.
These acts define the carriage limits that
have to be followed by railway for
passengers and goods, both.
Air Transport
Air transport refers to transportation done
by means of Air. Air travel has various
regulating authorities that control it
working. Civil Aviation Authority controls
and regulates the safety of the aviation
industry in the UK through framing various
policies for airports, and airspace (Gillen
and Morrison, 2015). This authority also
manages the schemes for tourism operators
for financial protection. The CAA is

regulated under the Civil Aviation Act 1982
which determines the general objectives
and functions of CAA and regulates policies
regarding disclosure of information to the
customers as well as to the government.
Flight Compensation Regulation has been
applied by the European Union for
determining the rules for compensation for
passengers in the situations of denial of
boarding (Clarke, 2013).
Sea Transport
Sea transportation refers to the travel and
transport of passengers and carriage done
by the routes of sea lines. Carriage of Goods
by Sea Act 1971 was formed by the British
government to control sea transportation in
the United Kingdom (Soyer and Leloudas,
2017). As per the schedule of the act,
Hague-Visby rule has been stated that
implies certain obligations to be followed by
the shippers and have imposed various
liabilities upon the carriers. These rules also
define the duties of the carrier’s and the
standards of professionalism to be
maintained. The International Maritime
Organization is a specialized agency of UK
for regulating the shipping and security of
international sea travel. This framework is
being universally accepted and has been
controlling sea transport efficiently.

TASK 2
2.1
Maintaining the health and securing tourists is a significant part of the travel and tourism
sector. Thus, there are various rules and regulations implied in the tourism industry to ensure
the safety of tourists (Tribe, 2016). Though there are different legislations applicable to tourism
in different countries, there are various common rules and regulations to be followed
worldwide by the tourism sector. Thomas Cook has expanded its business in 16 countries and
has successfully been implying according to the legal framework of the nations.
Various legislative bodies like World Tourism Organization, ABTA, Ministry of tourism, etc. have
formed various rules and regulations which have to be followed by the tour operators rigidly so
that the health of the tourists can be taken care of. There are numerous acts in the travel
industry that have elaborated with guidelines through which the tour operators can maximize
the satisfaction level of their tourists (Woo et al., 2015). Thomas Cook takes the health and
security measures for its tourists to ensure that they have a seamless experience during their
travel. While planning a tour, the tourists are well informed by the tour operators regarding the
environmental precautions that are to be taken by the tourists during their tour. It is essential
for the Thomas Cook under the travel industry to pre-inform regarding the current situations
and environmental effects at the tourist destinations so that the tourists are well prepared
accordingly.
Safety measures are also to be taken by Thomas Cook so that the tourists are secured during
their tour. The accommodation provided to the tourists by Thomas Cook should be appropriate
keeping in mind of the hygiene and healthy environment (Musa and Thirumoorthi, 2015). A
minimum standard of accommodation has been decided by Thomas Cook so that a minimum
level of accommodation must also serve the health and safety measures to the tourists. Thomas
Cook also ensures that any health or safety related issue faced by the tourists during the tour is
immediately taken care of so that it does not affect the travel experience of the tourist (Cîrstea,
2014). Availability of first aid boxes, facilitating the basic medicines, etc. are the most common

measures through which Thomas Cook takes implements the health and security measures in
its travel operations.
The safety and health measures in the tourism sector not just covers the implication of
legislation over tourists but the tourism organizations have to ensure the safety and health of
their employees as well. It is essential for Thomas Cook to maintain a safe and healthy work
culture for its employees so that it is able to provide higher efficiency in its tourism services to
the tourists (Murphy, 2012). Thomas Cook must concentrate on the safety of its employees by
giving them adequate salaries and increments, providing medical assistance, securing them
with insurances, etc. The employers are also required to compensate the employee if any
problem is faced during the tour. Through satisfying the safety and health needs of employees
as well as the tourists, Thomas Cook implies with the legislation of the travel and tourism
industry.

2.2
There are various legislations that have been governing the travel sector in the United Kingdom.
The Health and Safety at Work Act 1974 has been providing guidelines for the employers to
maintain the health and security at the working environment. Thomas Cook implies with this
act by providing proper training to its employees regarding the health, security and safety
measures that should be taken at different tourist locations (Holt and Allen, 2015). The
organization has also adopted a healthy working environment which provides opportunities to
the employees to grow and conduct the operations of tourism safely.
The Employment Act 2002 mandates Thomas Cook to provide necessary leaves to the
employees on maternity, paternity, leave and pay, etc. With the implication of this act, Thomas
Cook has allowed the employees for flexible working hours so that maximum productivity can
be ensured by the employees (Freedland et al., 2016). This act has mandated the organizations
to increase the rates of statutory maternity pay and increase the period of maternity and
paternity leave. This act also covers the regulations for disputes occurring at the workplace and
equal treatment of employees in the organization.
Other legislation that has been covering the employees, as well as the tourists in the tourism
sector, are the Sex Discrimination Act 1975, Disability Discrimination Act 1995, etc. Application
of these acts has allowed Thomas Cook in maintaining gender equality in the organization as
well as within the tour operations (Holt and Allen, 2015). Disability Discrimination Act mandates
Thomas Cook to make adjustments for employees and tourists with disability so that they can
overcome the problems faced by them in the organization and during the tour. Through the
implications of these cats altogether, Thomas Cook is able to maintain a healthy environment in
its working as well as the operational environment through which higher opportunities are
obtained.

TASK 3
Being a travel consultant in Thomas Cook, this leaflet is being presented for developing an
understanding of contract legislation and customer protection legislation among the travel
assistants of Thomas Cook so that their knowledge regarding the same can be upgraded
resulting into a higher level of satisfaction of customers.
3.1
A contract is a legal agreement between
two or more parties for the fulfillment of a
promise stated in the contract and is
enforceable by law (Green, 2017). The
tourism industry has been regulated by
various legislations and governing
authorities to ensure that the contracts
made by the tour operators and the travel
agents like Thomas Cook to the tourists are
being efficiently fulfilled. Thomas Cook
enters into various types of contracts with
the tourists in which the needs and
demands of the tourists are stated. These
contracts are ensured for fulfillment by
Thomas Cook and are liable to fulfill the
promises made in the contract (Candela and
Figini, 2012). For fulfillment of a contract, it
is essential for the tour operator to offer
the services to the tourist and it is essential
for the tourist to accept the offer made by
Thomas Cook.
Contracts of Goods and Supply
A supply contract is an agreement between
parties in which the supply of goods and
services is promised to state various
specifications of time of delivery, mode of
delivery, place of delivery, price of delivery,
etc. These contracts abide Thomas Cook in
providing the goods and services at the
place of the delivery as per the conditions
specified in the contract (Green, 2017).
Contracts related to Package Holidays
In the travel and tourism industry, the tour
operators provide various package holidays
to the tourists depending upon their needs
and demands (Smith, 2014). However, while
providing them with a packaged holiday,