Legal and Ethical Frameworks in the Travel Industry

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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...........................4
1.2 discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework.......................................................................................................6
Task 2...............................................................................................................................................9
Introduction......................................................................................................................................9
2.1 evaluate the impacts of the principles of health, safety and security legislation on the travel
and tourism sector............................................................................................................................9
2.2 Analyse legislation that relates to equality..............................................................................10
Conclusion.....................................................................................................................................11
Task 3.............................................................................................................................................12
3.1 Explain contract legislation in relation to travel and tourism customers.................................12
3.2 Explain consumer protection legislation in relation to travel and tourism customers.............13
Task 4.............................................................................................................................................16
Introduction....................................................................................................................................16
4.1 Analyse ethical dilemmas faced by the travel and tourism sector...........................................16
4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business..........................................................................................................................................17
Conclusion.....................................................................................................................................18
Conclusion.....................................................................................................................................19
Reference List................................................................................................................................20
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Introduction
The purpose of the study is to illustrate about the different legislations and regulations that have
been incorporated by the parliament of United Kingdom in relation to the travel and tourism
industry. The entire sector has to adhere to all the regulatory frameworks while offering their
services to the customer. The study illustrates various information and facts about the process
and laws governing the business of tour operators and agencies. In the first section, legal and
regulatory frameworks of the industry have been developed with reference to England and
Wales. All the three, surface, air and sea transport law in association with the carriage of
passengers has been provided. In the second section, important laws and acts related to equality,
discrimination and health, safety and security legislation on the travel and tourism sector has
been determined in detail. Third sections of the study sheds light on different areas involved in
the contract, most importantly, it includes, in-depth explanation of contract legislation and
consumer protection legislation in relation with the tourism sector. The last section includes
information about the role of business ethics and its implications in the business prospects of
Thomas Cook, the selected organisation in the portion.
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Task 1
1.1 explain the legal and regulatory framework of the travel and tourism sector
It is important to understand the legal and regulatory framework of travel and tourism sector for
training event that is developed for retail travel consultants. This will allow them to gain a proper
understanding of the laws and policies so that ethics within the travel and tourism business can
be maintained.
Legal Framework
The legal framework is considered as an important aspect of the travel and tourism sector that
develops a set of rules and regulations that assist in proper decision-making in the tourism
industry (Jupe, 2010). Besides this, the importance of the legal framework can be seen in the
ways it has helped to understand the roles and responsibilities of individuals within the
workplace of the organisation.
Strategic Rail Authority (SRA)
This was considered an important regulation that aimed to provide adequate help to the railway
department of the United Kingdom. The regulation was established under the Transport Act of
2000 and it provided strategic direction to the railway authority so that they could provide
quality products and services to their customers (Hughes and Ferrett, 2011). However, this
regulation was abolished on the 1st of December 2006.
Health and Safety Executive (HSE)
This is one of the most renowned government agencies in the United Kingdom. The agency is
responsible for ensuring whether all the travel and tourism sector of the United Kingdom are
taking initiative to maintain a certain standard of safety and welfare within the premises of the
organisation. This helps to meet with all the objectives of the Health and Safety at work Act
1974. As a result, the travel and tourism industry can rely on their safety measures and principles
in the workplace (Sammer et al., 2010).
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Health and Safety Commission (HSC)
This is similar to the HSE, as it is also developed under the Health and Safety at Work Act, 1974.
This commission assisted people in meeting with their business objectives associated with the
Health and Safety at Work Act. The commission also encouraged the training and development
of employees within the workplace so that they can ensure safety and security of individuals
using their services in the market.
Maritime Authorities
Maritime and Coastguard Agency of the United Kingdom looks to provide protection to people
that are on the coast or sea. They develop policies and rules that should be followed by the travel
and tourism company for ensuring quality services to the customers.
International Air Transport Association (IATA)
This association was developed in order to provide quality services to the customers making use
of the airlines in the United Kingdom. The International Air Transport Association has a set of
rules and policies that should be followed such as Civil Aviation Regulations 2005. With the help
of this, the safety and security of the individuals are maintained in their period of travel
(International Air Transport Association, 2013).
Civil Aviation Authority (CAA)
The Civil Aviation Authority (CAA) is a regulatory body that is used by the aviation companies in
the United Kingdom. It helps to develop different policies and regulations that are followed by
companies for the better operation of their business. Besides this, it trains the engineers so that they
can maintain the airports and other telecommunications that are used. It is important to maintain a
certain security standard so that customers are under a safe environment. The Civil Aviation
Authority (CAA) helps to provide safety and security to the customers.
Association of British Travel Agents (ABTA)
The Association of British Travel Agents is a trade association that helps travel and tourism
companies provide services to the customers without any hindrances. This association plays a
significant role in order to deal with the different sustainability issues in the tourism sector
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(Swarbrooke and Horner, 2012). They help to develop different schemes that help in the financial
protection of the customers. They are capable of increasing the overall standards of services in the
travel and tourism industry.
1.2 discuss surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework
The travel and tourism sector in the United Kingdom has numerous laws that are related to
transportation. The different transportation law included surface, sea and air transport. Carriage
of Passenger by Road Act, 1974 is followed in order to develop the surface, sea and air transport
policies that are followed by the travel and tourism companies of the United Kingdom.
Surface Laws
The Concessionary Bus Travel Act 2007 was established for the aged and disabled people of the
United Kingdom. This law helped to understand that people above the age of 60 years are liable
to make use of bus services within the country (Mackett, 2013). With the aid of Age UK, the
government of the United Kingdom was able to provide free bus services to the aged citizens.
This helped to decrease the level of social isolation prevailing in the society.
The Disability Discrimination Acts of 1995 and 2005 is another act that helps to reduce the level
of discrimination in the country. This law was developed for people who are physically
challenged and it helped to ensure that they are not facing any discrimination due to their
disability (Mackett, 2014).
Sea Laws
The Carriage of Goods by Sea Act of 1971 is an important legislation that allows customers to
ensure that their luggage is being carried out in the right manner. Besides this, the government of
UK looks to provide safety and security to the passengers using the sea transportation.
Passengers are able to claim their share of compensation if the ferry has been cancelled due to
some obvious reasons. Apart from this, the European Parliament has decided to provide the
passengers with similar rights that are provided to the passengers using the airline services.
Air Transportation Laws
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The air transport services of the United Kingdom functions of numerous policies and regulation.
Some of the air transportation laws have been outlined below:
The government of the United Kingdom developed the Air Navigation Order 2005. This helped
the airline companies to develop rules and regulations that helped to provide quality services to
the customers making use of the air transportation (Shakespeare, 2013).
The Civil Aviation Regulations 2005 allows the airlines companies to make sure that they have
developed all the rules and policies for their customers. This allows the aviation companies to
ensure that they are providing the customers with utmost safety and security so that the issues in
the aviation sector can be resolved.
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Health and Safety
Executive (HSE):
This is one of the most renowned
government agencies in the United
Kingdom. The agency is responsible
for ensuring whether all the travel
and tourism sector of the United
Kingdom are taking initiative to
maintain a certain standard of safety
and welfare within the premises of
the organisation.
Carriage of Goods by Sea
Act of 1971
This important legislation allows
customers to ensure that their
luggage is being carried out in
the right manner. Besides this,
the government of UK looks to
provide safety and security to the
passengers using the sea
transportation.
Concessionary Bus Travel
Act 2007
This was established for the
aged and disabled people of
the United Kingdom. This law
helped to understand that
people above the age of 60
years are liable to make use of
bus services within the
country.
Figure 1: Legal and Regulatory frameworks in Travel and Tourism Sector
(Source: created by learner)
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Task 2
Introduction
The focus of this part of the study is to illustrate about the various legislations and regulations
that have been introduced by the government and other regulatory bodies for maintaining health,
safety, and security in travel and tourism sector. Various Acts relating to the equality has also
been discussed in the section below.
2.1 evaluate the impacts of the principles of health, safety and security legislation on the
travel and tourism sector
The health, safety and security legislations are an important aspect of the travel and tourism
sector. If the management authority of Thomas Cook is able to implement these policies and
legislations, they will be able to provide quality services to their customers in the market.
Health and Safety at Work Act 1974
Thomas Cook should look to implement this act in their workplace so that they can maintain the
level of safety and security in the workplace. The company should look to take initiative to
provide the employees with appropriate training. This allows them to know about the safety
policies in the workplace and is able to implement them. Besides this, the managers of Thomas
Cook should ensure that they are making all the necessary improvements in the workplace. They
have to carry out risk assessment procedures so that they can understand the areas that could
cause danger (Griffith and Howarth, 2014). The management authority of Thomas Cook should
focus on practicing certain activities that will assist them in times of emergency.
Occupiers Liability Act 1984
This important legislation helps the company to take legal steps against any sort of trespassing.
The implementation of this act allows the employers at Thomas Cook to ensure that they are able
to understand danger situations in the workplace and are able to figure out trespassing within the
premises of the workplace.
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Data protection act 1998
The Data protection act 1998 is an important legislation that is used by the travel and tourism
companies of the United Kingdom. This allows Thomas Cook to make sure that all the personal
data and information of the client and customers are kept under safe and secure environment.
The act states that under no circumstances the company should misplace the data and personal
information of their clients and employees (Curren and Kaye, 2010).
The impact of these legislations is seen in the way it has helped to enhance the quality of the
services that they are providing to the customers their market of operation. Thomas Cook should
look to ensure that all the above mentioned legislations are implemented in the workplace of the
company. With the help of these legislations, they will be able to provide customer safety and
security in the market. It will also help them to increase their business ethics and they will be
able to operate in a hassle free manner.
2.2 Analyse legislation that relates to equality
Several actions and amendments have been taken by the government of United Kingdom in order
to ensure that travel and tourism industry functions smoothly. Strict legislations to equality are
one aspect, different Acts and laws relating have been discussed below:
Sex Discrimination Act, 1976
The purpose of this Act is to ensure that, both men and women are protected from any kind of
discrimination based on their gender or marital status. The primary target of the Act is related
towards employment, training, education, and in addition, it includes the provision of goods and
services. Certain changes and modifications have also been done in this Act, in order to promote
equality of opportunity between men and women at workplace (Legislation.gov.uk, 2019). At
Thomas Cook, the guidelines as mentioned in the Act are strictly followed. The management at
the company realises the importance of healthy organisational culture in order to boost business.
Race Discrimination Act, 1976
This Act was specifically introduced by the parliament of United Kingdom to make sure that the
men and women do not face any kind of discrimination based on race and along with this, the
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Act also targets to reduce discrimination based on different racial groups (Legislation.gov.uk,
2019). This Act has provided immense amount of legal power to each employee in order to take
strict actions against the employer or organisation, in case of any type of discrimination. At
Thomas Cook, managers have incorporated the Act strictly at every department and branch of
the organisation. Many times such cases have been found to shed negative light on the reputation
of the company, thereby, at tour operator, Thomas Cook, discrimination based on any ground is
an immensely punishable offence.
Employment Act, 2002
The Act was introduced to make changes and transformations in the existing labour law of the
country. The role of this Act was to make sure that all companies build a friendly working
environment within the organisation, this includes, finding amicable resolution for every dispute
at workplace and ensure that every employee and staff worker is treated equally. At Thomas
Cook, this Act has become the most widely followed legislation. Human resource department of
the company has taken several preventive measures that no employee in the organisation faces
any kind of issue.
Human Rights Act, 1998
This Act was accepted into the UK legislation system on October, 2000. The target or aim of this
law was to provide freedom and rights under the European Convention, to each and every
individual living in the United Kingdom. The purpose of introducing it was to bring the human
rights contained in the European Convention under the jurisdictions of UK courts. Through these
changes, individuals living UK are able to make claims within the UK legal systems. This law is
applicable at workplace as well, which provides the employees the right to take action against the
company for injustice and inappropriate conduct.
Conclusion
The conclusion that is evident from the above discussion is that the tour operator, Thomas Cook
has highly invested time and effort to make sure that there no such cases of discrimination
among employees based on any ground. Along with this, management makes sure that both men
and women are given equal opportunities for growth and career development.
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Task 3
3.1 Explain contract legislation in relation to travel and tourism customers
In simple words, the Contract Law is that area which deals or governs the process of design and
development of contracts, the process involved in carrying them out as well as, it is involved in
the process development of a remedy, in the case of any breach. During a contract, both the
organisation and the customer is actively involved in it, it generally involves buy and sell of
products and services for employment opportunities, insurance agreements or licensing of
activities (Marsh, 2017). In terms of travel and tourism industry, the management of a tour
operator explains the details of tour or excursion and mentions every aspect of the travel. This
way the travel assistant transfers all the necessary information and data to the customer. The
purpose of building contracts is to make these processes happen smoothly, under mutual
understanding. In addition, the purpose of building this law was to create a mechanism to protect
both buyer and seller from indulging in unfair, illegal and unsafe practices and processes. These
contracts include all guidelines and aspects that need to be followed by the customer (Crossley et
al., 2015). Few necessary aspects that are crucial includes that
By accepting the contract, both the parties agree to follow the steps and process mentioned in the
contract, this way both the parties intend to be bound by the contract.
While accepting the contract, both the tour operator agency and the consumer sign in the contract
to follow and comply with the procedures mentioned in it (Scott, and Marzano, 2015).
In general, in the travel and tourism sector, the tour operator agency provides the consumer with
an original copy of the contract; this agreement or the hard copy of the contract helps in the case
when there is a disagreement or breach of the contract. Therefore, in such cases, both the parties
can involve a judicial court for resolving the issue. The foremost aspect required for this is to
present a valid contract in order to show that the contract exists. An important law that is
applicable in this case includes:
Supplier and Contract Law
This law in United Kingdom is legislated through the sale and supply of goods act, which
comprises of strong protection for both the seller and the buyer (InBrief.co.uk, 2019). In travel
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