Travel and Tourism Law: Legal and Ethical Frameworks in the UK

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LEGISLATION AND ETHICS IN THE TRAVEL AND
TOURISM SECTOR

Table of Contents
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................4
1.1 Explanation of legal and regulatory framework of the travel and tourism sector...............4
1.2 Discussion of surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework......................................................................................5
Task- 2.............................................................................................................................................7
2.1 Evaluation of the impacts of the principle of health, safety and security legislation on the
travel and tourism sector..................................................................................................................7
2.2 Analysis of legislation that relates to equality...........................................................................8
Task - 3..........................................................................................................................................10
3.1 Explain contract legislation in relation to travel and tourism customers.................................10
3.2 Explain consumer protection legislation in relation to travel and tourism customers.............11
Task – 4..........................................................................................................................................13
4.1 Analyse ethical dilemmas faced by the travel and tourism sector...........................................13
4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business..........................................................................................................................................14
Conclusion.....................................................................................................................................16
References......................................................................................................................................17

Introduction
Legislation can be referred to as a systematic arrangement of rulesgoverning the society as a
whole and also the activities of individuals, whereas, ethics is that branch of moral philosophy
that helps people in understanding primary human conduct. While on one hand, law
encompasses punishment which discourage individuals from hurting others. On the other, ethics
is completely based on moral code within which people operate. This study deals with the
legislation andethics in the Travel and Tourism sectorand explains thelegal and regulatory
framework which includes laws and specific code of conduct in UK.A section in the present
report deals with the study of a UK based tour operator named Titan Travel.

Task 1
1.1 Explanation of legal and regulatory framework of the travel and tourism sector.
The legal and regulatory framework include the laws and procedures, regulations and code of
conduct (Ferrell, 2015). In this section, the focus would be on the major legal and regulatory
framework of the travel and tourism sector in England as well as Wales (Becker, 2016).
The Association of the British Travel Agents (ABTA) regulates the traveland tourism sector. It
aids people in solving problem within the sector. All procedures under tourism in England,
Wales and Scotland are regulated by this association. ABTA contains issues related to travel and
tourism like communication, booking, insurance notification and many more. It looks after the
full procedure from how to book tickets to the procedures and happenings between booking and
travel. It should be taken into notice that these procedures should be implemented carefully for
proper protectionof rights of the customers in UK tourism sector (Boniface, 2016). Guidelines
related to tourist’s comfortable stay and other legal issues are also addressed by other
associations like Maritime Authorities, International Air Transport Association (IATA), Health
and Safety Commission (HSC), Civil Aviation Authority (CAA), Air Travel Operators Licensing
(ATOL), Health and Safety Executive (HSE) and Strategic Rail Authority (SRA). Some of them
are mentioned below: -
HSC- The aim is to provide safety benefits to the customers and employees under this sector
which falls under the Act of 1974. The employees in return are expected to co-operate and
provide proper environment.
IATA- For smooth functioningof the airline, they track routes and regulates the functioning as
well as formation of rules.
SRA- The proper management of services and laws mentioned under the Transport Act of 2000
is the aim of this association.
HSE- Under the health and safety at Work Act 1974, this body functions to reduce illness related
to work where both the employer and the employees have equal responsibility.

CAA- Their work is to implement and strategize the aviation industries laws and regulations in
UK though they work at British aviation industry and not at International level.
Criminal Law- This law focuses on maintaining the structure of the industry and also protects
the rights of the tourists as well as the tour operators by the criminal legislative bodies in UK. If
the laws are violated then it will be fined and charged.
Civil Law- It focuses on providing equal rights to tourists as well as non-tourists. They regulate
functioning of contracts and give compensation if needed.
Britain’s law is divided into four parts like shipping, environmental, air and space law which are
different but all come under the British law in tourism sector.Furthermore, the regulatory power
was handed over to the travel association and other bodies which are authorized.They are mostly
local authorities and their duty is to preserve parks, gardens and sports facilities.The acts
mentioned are those acts which states that the carrier is responsible for any harm caused to the
passengers like Carriage by Air and Road Act 1979, International Carriage by Sea, International
Carriage by Road.
1.2 Discussion of surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework.
This section deals with the surface, sea and air transport law in relation to the carriage of
passengers within the legal and regulatory framework.
 Surface Transport Law- This law is regulated under the International Carriage of
passenger by Road Act, 1979 under Carriage by Air and Road Act 1979. Under this
act, the carrier protects the passengers involved if due to their carelessness the
passengers get hurt. It focuses on travellers’ rights whether or not they pay or travel
for free is not the issue here.There is a regulation concerning travel by road which
focuses on free provision of international road passengers. It further sets rules for
accessibility rules to the international market for coach and bus. As a matterof fact, is
that it provides the liberalization of the shuttle service with emergency
services.However, it sets regulations for granting licenses.The carriage by Railway
Act 1972 falls under the Road Act and focuses on the international carriers and
passengers with registered luggage (White, 2016). In case, some mishap or injury

occurs to a passenger then the carrier is responsible to pay for the luggage.There is
another regulation formulated to give protection to disabled people. It focuses on
giving equal priority to them without denying booking of tickets. It is the duty of the
travel agent to guide them with the help of professionally trained staffs who can deal
with disabled people efficiently.
 Air Transport Law- The Warsaw Convention 1929 is applied for carriage by air.
The global community of air transport created this act to fulfil the purpose of
providing global standards for carrying people across the world (Button, 2017). The
rules related to liability for passengers and goods in case of mishap, baggage loss and
delay in air transport is common for this though the liability is limited.Although, this
act does not address accessibility compulsion outside airports.
 Sea Transport Law- The carriers are solely responsible for any harm caused to the
passengers according to this act. International Carriage by Sea is designed to protect
passengers travelling by sea. The Athens Conventions Act 1974 is an act which is
amended UK and addresses the international carriers or passengers. On the other
hand, Domestic Carriage Order 1987 focuses on passengers travelling by sea.
Altogether, it can be said that the EU Directive is for the visitors to or from Europe. It is
under their law which allows travelling for leisure or business within the European Union
where visitors can make purchases to their hearts content and bring it duty free to their
country. Now, citizens of the Member States are allowed to exchange for intra-European
trips which is unlimited compared to pre-liberalization of capital movements they were
just allowed limited exchange.Moreover, package holidays are protected by European
legislation in case the tour operator misuses the days. Passengers are protected from
overbooking charge in air trips. Lastly, the pet owners cannow easily travel within the
EU.

Task- 2
2.1 Evaluation of the impacts of the principle of health, safety and security legislation on
the travel and tourism sector
In this section, the impacts of the principles of health, safety and security legislation on Titan
Travel which is a UK tour operator is evaluated. Legislations aim at focusing on the development
by introducing certain criteria of the tourism sector. Not only employers but also employees play
an active role inmaintaining the safety of an organisation. The basic aim of this regulation is to
guarantee safe working environment to the employees (Estol, 2016 p.235). The employees at
titan Travel are given protection against any kind of misconduct. It also falls under the duty of
the employer to ensure employees’ personal safety. Acts on health, safety and security
regulations are mentioned below: -
Health and Safety at Work, 1974- Under this act, it is the sole duty of Titan Travel to maintain
safe environment within the premises and according to the safety regulations. It is very important
inthat aviation sector for passengers, employees as well as the crewmembers to abide by the
safety rules and regulations of the organisation (Clift, 2015). Here, safety of passengers while
they travel are given the maximum priority. A proper training is given to the workers in the
tourism industry so that they can guarantee the safety of all the people within the premise as well
as while travelling. The responsibility for safety is shared by several hierarchies like managers
and fellow team members. So, in case of emergencies, the management are open to handle and
ensure safety (Demerittet al., 2015 p.390). Additionally, the employees and the employer both of
them should c-operate with each other for ensuring that these activities are performed
successfully. Keeping in mind that people are from different background, the employer considers
the wellbeing of the workers.This law is reviews by the Health and Safety Commission. When
the law fails to function then three options are followed such as guidance, approved codes of
practice and regulations (Tetricket al., 2017 p.540). Under guidance, the commission may ask for
help. The second option limits the code for hazardous materials and practices when not abided by
will lead to employer’s liability. The third option states that it is the sole duty of the employer to
ensure the health and safety of the workers.

Occupier’s Liability Act, 1984- Under this act, the occupier takes the responsibility of safety
precautions and maintenanceof the ground for ensuring the safety of all the visitors and
trespassers (Lekaet al., 2016 p.36). It is said that no matter whether the passengers are temporary
or permanent, they should be protected from any damage.
Therefore, itis very important to abide by the safety measures under two different acts by every
other organisation to ensure a safe working environment for the employees as well as the
customers.
2.2 Analysis of legislation that relates to equality
The second section deals with the analysis of legislation related to equality in Titan Travel, a UK
tour operator.Everyone should be treated equally not only in tourism but all sectors. It is under
the legislation of the tourism sector that they provide instruction to the tour operator to treat
everyone equally and giving them proper access to the goods and services not considering their
age, gender, race or disability. During the employment period, employer in Titan Travelgives
equal opportunity to all employees. Not only employers but also providing equal opportunity to
the travellers is of foremost importance under this act.
Equality Act- The equality act, 2010 is focused to ensure that everyone irrespectiveof race, age
is given same opportunity andtreatedequally. Even, the applicants cannot be treated using unfair
means by anyone (Davies, 2015). Although, some organisations misuse this equality law on the
basis of discrimination. Here, the UK tour operator implements this law within the
organisation.Titan Travel does not put pressure on certain employees for selling holiday
packages which ensures equality as a particular employee is not pressurized under any condition
(FenneySalkeld, 2016 p.448). Poor industry performances are not to be blamed ona particular
employee.
Sex Discrimination Act, 1975-Importance should be given to both male and female employees
with same amount of work and objectives. Discrimination on the basis of sex is unfair
(Koburtayet al., 2018 p.15). The men or women or any other person should not be denied or
given any opportunity based on their gender. Comparison based on gender determining the job
performance is also considered unfair.

Employment Protection Act, 1978- The employment provided should be on the basis of a
written document. The documents should contain every detail about the employment such as
salary scale, date of joining and any other terms and conditions.
Disability Discrimination Act, 1995- Employer at Titan Travel do not discriminate employees
based on any disability. They are also given the same opportunity (Alhabobyet al., 2016 p.1140).
When considering promotions, they should not use disability against the employment as it
anoffense.
Race Relations Act, 1976- This states that a person based on the race which is inherited should
not be deprived from anything and given the same opportunity.Discrimination on this is also
unfair and seen as criminal in nature and there are several actions taken against this which is
stated under the law.
The main importance of the equality legislation lies in the fact that all people should be given
equal opportunity for applyingfor a post of job and be ensured that are not discriminated in their
workplace under any circumstances. The company considers all these aspects and treats their
employees with equal attention and opportunity.

Task - 3
3.1 Explain contract legislation in relation to travel and tourism customers
Contract legislation is the system that provides the safeguards for the rights and other obligations
between two contracting parties. In the present scenario, where the people choose to spend their
time mainly by visiting the foreign countries, it is the legal contracts that keep them safe on the
tour. Contracts are sometimes confusing as the agreements done between two parties are done by
considering the aspects favouring both (Gulbahar and Yildirim, 2015).
Without the proper legal system, the society may flounder and they may not enter in to any
transaction due to the risk on insecurity in terms of services and the promises made to them by
the travel and trims companies. This is the reason that the travel and the tourism sector is liked
closely to the legal and contract system. Business organizations involving restaurants, hotels,
agencies rely on the common law to deal with each other. Laws are involved in the legal contract
in the terms of goods and services offered to the customers in the travel and tourism sector. For
example, restaurants need to have obligation to ensure that the food that they serve to the
customers is safe to consume.
Definition: Contract
A contract can be explained as the agreement binding two different parties together for some
purpose. The agreement includes a set of promises that both parties do to each other enforced by
the law. A contract is made when both the parties involve themselves and agree on some terms
and conditions. It can also be understood in terms of travel and tourism customers and the agents,
when a customer books for a ticket where the individual wants to stay somewhere in a hotel by
paying some money. Now, the agent, in order to keep the customer happy and loyal towards the
company, offers the individual an add-on, which is free on the ground of some terms and
conditions involved. Meanwhile, if the customer agrees on that and later breaches the agreement
by denying to accept that add on, it is the contract legislation make the customer to pay some
penalties to the company or, vice versa (Ivanov et al., 2015).

There are various ways where a contract can be terminated such as by rejection, where the
customer or, the offering party do not accept the terms and conditions; secondly, by accepting,
the situation where both the parties agree mutually to end the contract; by death, the contract
come to end as one of the party is no longer existing and the contract will legally end; and
finally, the situation where the terms and conditions are not met as offered earlier.
Contracts in Travel and Tourism
In travel and tourism sector, the legal contract protects both the parties. The contract made on the
holiday package where the demands of both the parties are involved with the terms and
conditions and both ensure that once the demand is fulfilled they agree to the terms and
conditions of the contract. At this point, where the customer becomes agree on the terms and
conditions, the tour operator should ensure that the service offered to the customer is met as per
the agreement (Del Baldo, 2016). Under the regulation of package tour regulations 1992, the
offered package on holiday should involve two services to be classified as the package holiday. It
means that if the tour operator has received money for the services as per the contract, it is their
responsibility to offer the service as per the contract. Thus, the legal contact made in the travel
and tourism sector helps both parties in staying safe by not doing mischief on any ground.
3.2 Explain consumer protection legislation in relation to travel andtourism customers
Travel and tourism sector have expanded over the years. People are not only visiting the local
destinations but they are visiting the remote locations of foreign countries to spend some good
time. The amount of time spent has increased on the holiday packages. It is now necessary to
introduce regulations and other schemes that aim to protect the consumers and the customers so
that the promising company or, the tour operating agencies could abide by the travel regulation
and nothing could wrong (Bilgihanet al., 2016).
Governments of United Kingdom have introduced the schemes such as ABTA bonding,
European union package and ATOL licenses based on the regulations. These are the prime
examples for the procedures set to protect the customers and the money they have paid to avail
the services on their tour or, holiday.

Despite the schemes introduced favouring the consumers of United Kingdom, there remains
some confusion which are related to the arrangements made to protect the consumers and their
money in the procedures. The picture is not clear about the regulations and the procedures
involved protecting the money and the consumers. For example, Tripit is a travel agency do one
of the three things at the time of selling the travel products-
First, Tripit can sell offer the customer a complete package on behalf of some tour company,
Secondly, Tripit can sell its own individual products and the related items which may comprise
flights with accommodation that may be on behalf of some airline or, the accommodation
company and thirdly, Tripit can sell by creating and desgining a new package involving airline,
accommodation and the other related items to the travel consumers or, the public looking for the
same(Luo and Zhong, 2015).
Now at these situations, Tripit has several responsibilities and the liabilities in each of the case
mentioned above.
Trade Description Act of 1968 prohibits the tour operating company in misleading or, false
indicating prices for the goods & services, accommodation and other related services in travel
and tourism. The Act sets the various standards that need to be checked by the Trading Standard
Officers such as-
 Application should not be false about the trade descriptions,
 False description about the supply of some services in the trade description,
 Checking whether there are false statements about the provisions about some services,
accommodation or, the facilities offered by the travel or, tour operating company.
Another legislation is Consumer Protection Act of 1987, although it is not directly linked to the
travel and tourism sector; it helps in protecting the consumers no matter what the industry deals
in. This regulation is to safe guard the consumers to protect them from any mischief or, fraud or,
unfair business practices other liabilities on products.
Further, Consumer protection has been clubbed into one where it forms Consumer Protection
from Unfair Trading Regulations 2008(CPR) that covers the protection in the following contexts-