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

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

LEGISLATION AND ETHICS IN TRAVEL AND TOURISM
SECTOR
1

Table of Contents
INTRODUCTION........................................................................................................................3
LO1- LEAFLET............................................................................................................................4
1.1 LEGAL AND REGULATORY FRAMEWORK OF THE TRAVEL AND TOURISM SECTOR.........4
1.2 AIR, SEA AND SURFACE TRANSPORT LAWS WITH RELATION TO CARRIAGE OF
PASSENGER IN THE LEGAL AND REGULATORY FRAMEWORK...............................................5
TASK 2-MANAGEMENT REPORT...............................................................................................7
2.1 IMPACTS OF THE PRINCIPLES OF HEALTH, SAFETY AND SECURITY LEGISLATION ON THE
TRAVEL AND TOURISM SECTOR...........................................................................................7
2.2 ANALYSE LEGISLATION THAT RELATES TO EQUALITY WITH REFERENCE TO THE VIRGIN
GROUP..................................................................................................................................9
TASK 3- LEAFLET..................................................................................................................... 11
3.1 EXPLAIN CONTRACT LEGISLATION IN RELATION TO TRAVEL AND TOURISM
CUSTOMERS....................................................................................................................... 11
3.2 EXPLAIN CONSUMER PROTECTION LEGISLATION IN RELATION TO TRAVEL AND
TOURISM CUSTOMERS.......................................................................................................12
TASK 4- MANAGEMENT REPORT............................................................................................15
4.1 ETHICAL DILEMMAS IN TRAVEL AND TOURISM SECTOR.............................................15
4.2 CORPORATE SOCIAL RESPONSIBILITY (CSR) POLICY .....................................................17
CONCLUSION.......................................................................................................................... 18
REFERENCES........................................................................................................................... 19
2

INTRODUCTION
The laws and regulations are made for protecting the interest of the business and its
consumers. The tourism industry and the sector also need to follow legislation and ethics to
ensure justice and quality. This assignment is prepared to have deep insights and
understanding of the legal and moral issues that need to follow by the tourism sector. There
is also a discussion for the regulations and legislation related to safety, health and security in
the travel and tourism sector. Further, there is also an understanding of the legislation of
the consumer protection in context to the travel and tourism sector. In the end, the
business ethics role in relation to the travel and tourism sector will be explained deeply.
3

LO1- LEAFLET
An information pack is being addressed in
the form of the leaflets that will provide
the explanation of the legal and regulatory
outline in the travel and tourism sector in
Wales and England. This will also provide
an understanding of the surface, air and
sea transport related to the carriage of
passengers.
1.1 LEGAL AND REGULATORY
FRAMEWORK OF THE TRAVEL AND
TOURISM SECTOR
The tourism sector is growing rapidly and
that has put a negative and positive effect
on the economy of the nation. Laws and
regulations are the rules that are prepared
for the administration of justice (Mason,
2015). There are legal frameworks for the
travel and tourism sector also that are
embedded in the court. These are the
moral codes and ethics which must be
mandatory in nature. The legislation and
tourism industry are connected with each
other in one way or other. There are many
parties involves in the tourism industry like
customers, suppliers and contractors
(Mowforth and Munt, 2015).
Following are the legal and regulatory
framework of the travel and tourism sector
in reference to Wales and England:
Civil Aviation Authority (CAA): This is the
statutory corporation that is responsible
for the regulation of the civil aviation in
Wales and England and other areas of UK.
It also supervises the issuing of the licences
of a pilot, equipment testing and many
other inspections (Mowforth and Munt,
2015). The CAA is responsible for the
management of the security standards
regulations. CAA also regulates the Air
Travel operators licensing.
Figure 1: Logo of the Civil Aviation
Authority
[Source: Shyur, 2008]
Association of British Travel Agents
(ABTA): It is also a travel trade association
in the UK for the travel agents and tour
4

operators. It raises the standards in the
industry and provides guidance on the
issues and challenges for health and safety
and sustainability.
Figure 2: Logo of Association of British
Travel Agents (ABTA)
[Source: Mowforth and Munt, 2015]
Air Travel Operators licensing (ATOL): This
oversees by the Civil Aviation authority
that provides the protection to the
consumers of UK who purchases the
holiday package from the agencies and air
travel. The package holiday is protected
that is for air travel based in the UK by the
ATOL (Sharpley and Telfer, 2015).
Criminal law: This law is administrated by
the criminal legislative bodies for the
Aviation industry of UK that focuses on the
maintenance of the ethical standards of
the society and the tourism industry. It
aims to protect the duties and rights of the
tour operators and tourists. In case of
breaching the laws, the fines will be
charged for the unfair conduct and
practices under the criminal law (Vellas,
2016).
Civil law: The civil law for the tourism
sector of Wales and England aims at
delivering equality for the tourists and also
for the non-tourists. The civil law operates
the different regulations and laws of the
different contracts under the tourism
industry and charge compensation for the
same.
1.2 AIR, SEA AND SURFACE
TRANSPORT LAWS WITH
RELATION TO CARRIAGE OF
PASSENGER IN THE LEGAL AND
REGULATORY FRAMEWORK
The different transportation mode for the
tour includes air, surface and sea transport
in relation to the carriage of the
passengers in the legal and regulatory
framework. It is essential to safeguard the
tourist from the danger and harm. There is
a different law that is governed for the
carriage of passengers which are as
follows:
5

Surface law:
Carriage of passengers by road act 1979:
This law is regulated for the safeguard the
interest of the passengers that travel from
the surface transport. This law governs the
law that protects the right of the
passengers related to the physical
damages and any kind of mental disorders.
This law also secured the interest of the
disabled passengers. This also ensures the
passenger's safety during their road
journey (Hill and Kulkarni, 2017).
Sea law:
Athens convention: This law ensures to
protect and save from harm and loss that
may be suffered by travellers at the time of
travelling by sea transport. It provides the
safe and secure transport by the sea route.
This law also ensures to provide the
compensation to the passengers for any
kind of danger and loss caused while
travelling. This act also governed the
liability of ship or ferry towards the
damages occurred and to protect their
interest (Myburgh, 2018).
Air law:
Warsaw convention: Warsaw convention
1929 act determines the rules for the
international carriage and covering the
documentation under the law. It covers
the compensation in the case of the
passenger death and right to claim against
any injury and damages. It was previously
formed for supporting loss during carriage
of individual, goods and luggage at the
international level (Bartsch and Williams,
2016).
Denied Boarding Regulation: This
regulation applies to the passengers that
depart from an Airport of UK and it comes
under the Flight Compensation regulation
that establishes the common rules to assist
the passengers in the event of the denied
boarding and assist passengers in case of
long delays, flight cancellations
(Wensveen, 2018).
6

TASK 2-MANAGEMENT REPORT
A Management report is prepared by the manager of the Virgin Group to visualise the
health and safety regulations in context to the travel agency and tour operator of UK.
Further, it also analyses the legislation related to the equality in context to the travel agency
and tour operator in the UK.
2.1 IMPACTS OF HEALTH, SECURITY AND SAFETY LEGISLATION
Health, security and safety legislations aim mainly on the possible issues and hazards in the
travel and tourism sector that ensures that the risk of the accident and risk of harm must be
minimised. The primary aim and objective are to maintain safety in all manners in the
working environment. It is the main responsibility. Health and safety of the employees and
minimise the risk of danger. Below are the main principles of Health and safety that can
safeguard and protect the employees which are as follows:
Health and safety act work act: Virgin group also follow the Health and safety act at the
workplace. And the organisation is affected by this act as it includes certain rules that must
be followed by the Virgin Group for their employees and clients. It is the responsibility of
the Virgin Group toward their employees for the maintenance and provision of a working
environment that is practicable safe and safe and healthy work environment with the
adequate arrangements and facilities for their work welfare. Virgin Group is affected by this
law as a company need to make arrangements for safeguarding the health and security of
the employees (Hall et al. 2017). Also, management of Virgin group makes sure that is the
proper facility against the events like accidents, fires at the workplace.
Occupier’s liability act 1984: This act also affects the Virgin Group as this act covers the
liability of occupiers for a person within the premises. This act extended within the Virgin
Group as it is their duty to be needed when the occupier has the actual knowledge about
the existence of the danger and it also allows an injured occupier to claim for personal injury
and death and not for the damage of the personal property (Bennett, 2011). Thus the
occupiers within the organisation have the right to claim any kind of personal injury to
them.
7

Data protection act 2018: This act controls the use of personal information in the
organisation and that must be protected and must have limited access. This act ensures that
the private information and data must be secured and safe and it must not be used by
anyone for their personal use individual (Taylor, 2011). This is the most sensitive activities
that affect Virgin Group as they need to invest and put efforts to safeguard and protect
employee’s personal data and information and details and they are solely responsible to
protect their information and data.
8

2.2 ANALYSE LEGISLATION THAT RELATES TO EQUALITY WITH REFERENCE
TO THE VIRGIN GROUP
Virgin group need to ensure that their employees are provided with equal treatment in the
organisation. They should not be treated with discrimination and any must maintain the
equality on all kinds. Virgin Group needs to adopt the following legislation related to the
equality:
Sex Discrimination Act 1975: This act is related to promote and encourage equality in the
workplace so that the employees are not discriminated on the basis of the gender. This act
is followed by the Virgin Group where the interest of the people and individual are
protected against any gender or marriage discrimination that is associated with the training,
education, and employment (Hosking and Russell, 2016). This act is among the most
important and vital act that must be ensured and followed by the Virgin Group as it is
related with the protecting the individual interest against providing employment and
training without any kind of discrimination and partiality.
Employment Protection (Consolidation) Act 1978: This act coves the employment
legislation to the payments and contracts guidelines. Virgin Group is abiding by this law as
the company need to follows the labour law to safeguard the interest of their employees.
Virgin Group works towards that direction to protects the rights of the employees in the
workplace. Moreover, the Virgin Group also ensures that the interest of the employees
must be secured and protected against the salary and payments (Painter and Holmes,
2015). The employees must be protected in terms of the salary and remuneration as they
need to be protected and paid equal and fair pay and salary.
Human Rights Act 1998: This act ensures and managed by the UK parliament. It aims at the
incorporation and establishment of the act for human rights. The act is related with the
safeguarding the human rights. Virgin Group needs to follow the human rights act for
ensuring the employee right must be secured and there must be consideration of one thing
that the rights of the employees must be secured on any grounds (Hosking and Russell,
2016). This act compiled the people and employee with fairness and dignity.
9

Employment Act 2002: This is the act that ensures there must be a provision for the
statutory rights to paternity and adoption leave and pay. It introduced a minimal procedure
of dismissal for the employees. This act covers the whole and wide area for the safeguarding
the interests of the employees in terms of leave and pay. Virgin Group needs to follow the
employment act 2002 where a company need to make the provisions for the amendment of
the law related to the statuary maternity leave and pay, related to the employment
agreements, related to the agreements for the employment disputes.
10

TASK 3- LEAFLET
This section covers the leaflet that is
prepared by the travel consultant like
Virgin Group that will explain the contract
of legislation related to the customers in
the travel and tourism sector and it will
also provide the regulations of the
consumer protection for the consumers of
the Virgin Group.
3.1 EXPLAIN CONTRACT
LEGISLATION IN RELATION TO
TRAVEL AND TOURISM
CUSTOMERS
Contract: Contracts are the formal
documents signed by witnesses and
parties following some terms and
conditions. It is a legally binding
agreement that can be categorised as the
promises or promise which is enforceable
by law. It is only formed when both
parties are agreed to all terms and
conditions that are listed in the contract
(Koffman and Macdonald, 2010).
Figure 3: Elements of contract
[Source: Koffman and Macdonald, 2010]
There are several elements and factors
that must be considered by Virgin Group
to ensure the high satisfaction among the
customers and employees. A Contract is a
legal tool that ensures certain terms and
conditions (Koffman and Macdonald,
2010). According to the scenario, the
customers are not happy with the services
of the other travel agency and
information so this leaflet is prepared that
will train and guide the employees
considering following contract
legislations:
Contracts for package holidays: The
contract for package holidays is created
by the customer that states their
demands and it has been ensured by the
tour operators that demand must be
fulfilled. On meeting the demand, both
11

parties agreed on the package holiday it is
then the responsibility of the tour
operators to provide the services. Under
the package holiday regulation 1992, it
has been stated that a package holiday
must consist of the combination of the
two services before classifying it as a
package holiday (Mason, 2018). In case if
the Virgin Holiday has agreed on providing
the accommodation so they must ensure
that services should be provided to the
customers. In breaching of the contract
agreement, the tour operator will be
liable.
Contract of supply and goods: This
contract refers that the consumers must
be provided with reasonable goods. The
accommodation shall be of decent and
good condition that must be abided by
the hygiene norms. (Mason, 2018).
There are relevant and certain conditions
for the contract of the holiday package
which should be followed by the Virgin
Group and parties’ agreeableness must be
considered to remove conflicts and
barriers (Koffman and Macdonald, 2010).
The terms and conditions which are made
between the Virgin Group, Agents and
clients must be agreed. The full and detail
information must be provided to the
customers about the tour package and
holiday. As for example, Virgin Group
makes a contract with the customer to
provide the holiday package with certain
terms and conditions and Virgin Group
has assured to provide the certain
facilities and service in exchange of
money from the clients. Then the Virgin
Group is enforceable by law to provide
the services and facilities mentioned in
the contract and in case of the breach of
the contract Virgin Group may be
penalised (Koffman and Macdonald,
2010).
3.2 CONSUMER PROTECTION
LEGISLATION IN TRAVEL AND
TOURISM
The interest of the consumers must be
secured and safeguarded. The moralities
of the consumers are secured by the
consumer protection legalisation. There is
much legislation and acts are formed.
Below is some of the consumer protection
legislation in travel and tourism sector
which are as follows:
12