Travel and Tourism: Legal and Ethical Compliance in the UK

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Legislation and Ethics in Travel and Tourism Sector

Contents
Introduction......................................................................................................................................1
Task 1...............................................................................................................................................2
1.1 – Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales [M1, M2 & M3].......................................................................2
1.2 Discuss surface, sea and air transport law concerning the carriage of passengers within the
legal and regulatory framework of the United Kingdom [M1, M2 & M3].................................4
Task 2...............................................................................................................................................6
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the
travel and tourism sector with reference to Trailfinders [M1, M2 & M3]..................................6
2.2 Analyse legislation that relates to equality concerning Trailfinders [M1, M2 & M3]..........8
Task 3...............................................................................................................................................9
3.1 Explain contract legislation in relation to travel and tourism customers [M1, M2 & M3]...9
3.2 Explain Consumer protection legislation in relation to travel and tourism customers [M1,
M2]............................................................................................................................................11
Task 4.............................................................................................................................................12
4.1 Analyse ethical dilemmas faced by the travel and tourism sector [M1, M2 & M3]...........12
4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business [M1, M2 & M3]..........................................................................................................13
Conclusion.....................................................................................................................................15
References......................................................................................................................................16
2

Introduction
Legislation and ethical practices are major components of the travel and tourism sector. Without
disciplined and regulatory provisions, the growth of the travel sector cannot positively impact the
world economy. The present report has provided regulatory provisions regarding transportation,
health and safety, and equality at the workplace. This helps the travel organisation to conduct
their business effectively in a disciplined manner. The regulatory provision ensures sustainable
and responsible tourism and encourages travel organisation to take initiatives for the quality
services. The present report has discussed consumer protection laws to protect the customers'
interest in the travel sector. In the present report, a case study of a UK based travel organisation
is considered, Trailfinders, for which various corporate social responsibility initiatives are
identified.
1

Task 1
1.1 – Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales [M1, M2 & M3]
The growth of the tourism sector can be seen at a rapid speed. Hence, it is essential to regulate all
the activities involved in the tourism industry to ensure standardised growth of this sector. There
are a wide number of people involved in the tourism industry, which includes, tour operators,
customers, contractors, etc. Following are the legal guidelines and framework for the travel and
tourism sector:

Strategic Rail Authority (SRA): In England
and Wales, management of transportation
activities is essential to regulate to ensure
that all the defined guidelines as per the
Transportation Act, 2000 is comply. SRA
was created to eliminate the issues, and
inconvenience customers face during travel.
It is responsible for creating strategic
policies that help to regulate the
transportation sector.
Health and Safety Commission: Employees
in the tourism sector are required to be work
in a healthy and safe environment. Hence,
health and safety commission was
established that ensure that tourism
industries in England and Wales provide
appropriate and secure working conditions to
their employees at their workplace (Crooks,
et. al., 2013).
Association of British Travel Agents
(ABTA): The primary functions performed
by ABTA, includes, provide guidance
regarding health and safety, and ensure
financial protection through various
schemes. ABTA is responsible for making
policies in England and Wales that ensure
fair deal between travel organisations and
the public. It also ensures a proper redressal
system to the holidaymakers, for various
relevant issues.
Development of Tourism Act, 1969: Under
this act, Tourist board, and British Tourist
Authority is established for England and
Wales, who are responsible for promoting
tourism development. These authorities
provide financial assistance to the providers
of accommodation so that travellers get the
best services at a reasonable price
(Development of Tourism Act, 1969).
Package Travel, Package Holidays and
Package Tours Regulations 1992: This
regulation is applicable when a tour operator
sale holiday packages to its customers. It is
enacted with an objective to protect
customers from misleading, fraudulent, and
unethical practices followed by travel
organisations.
International Air Transport Association
(IATA): It is a trade association of more
than 200 airlines across the world, which is
established to provide aviation safety and
security to the customers. Besides, this
association takes the initiative to introduce
innovative devices, as part of the fast travel
initiatives to simplify the tourism business in
England and Wales (Duval, 2013).
Legal and regulatory framework of the travel and tourism
sector

1.2 Discuss surface, sea and air transport law concerning the carriage of
passengers within the legal and regulatory framework of the United
Kingdom [M1, M2 & M3]
The major component of the tourism industry is transportation, without
which no tour plans can be created. It can be provided to the customers
through different transportation medium of sea, air, and surface. However, it
is essential to offer comfortable and quality services to travellers. Hence, to
regulate transportation activities and to ensure safe and standardised
transportation services to the customers in the UK, legal regulations are
developed for the different medium of transportation.

Surface law: Surface law in the UK is
majorly regulated with Carriage of
Passengers by Road Act, 1974. This act has
defined the carrier related to the carriage of
passengers, who provide transportation
services to the passengers for travelling from
one place to another. Hence, this act has
defined the duties of the carrier and
regulated his activities by making him
responsible for the safety of passengers
during their travel. The carrier must not
allow other passengers when the
transportation is full to avoid injuries or
harm to them (Cohen, 2014).
Sea Law: Sea law in the UK is effectively
regulated with the enactment of International
Carriage by Sea Act (Athens Convention
1974), which governs the carrier activities
during the international maritime journey of
passengers. This act creates liability of the
carrier for any injury or harm to the
passengers or their carriage during their
journey through the sea. The 2002 protocol
specified the liability limit and insurance
compensation limit for the carrier. Also, the
International Convention for the Safety of
Life at Sea (SOLAS) has determined the
various protection measures and fire fighting
skills of
crew members during their travel through
the ship or other sea modes (Bowen et al.,
2014). This convention has provided the
standard norms of training and other relevant
procedures to the crew members on the sea
vessels. International Maritime Organisation
is a United Nations specialised agency,
which is responsible for regulating shipping.
This organisation has developed a regulatory
framework regarding environmental
concerns, safety, technical cooperation,
maritime security, etc. of shipping.
Air Law: There are various air transportation
protocols and conventions regarding air
transport law. Warsaw convention, 1929 has
specified the uniform conditions in respect
of the documents used in transportation
through the air. Hague convention, 1955 is
amended with a protocol regarding the
liability of wilful misconduct by the aviation
carriers that have harmed the passengers or
their luggage during air transport. Moreover,
Surface, sea and air transport law in relation to the carriage
of passengers

Denied Boarding Compensation Scheme was
developed with an aim to standardise the
aviation business with harmonised norms.
This scheme was launched to protect and
assist air passengers in the event of delayed
or cancelled flights and denied boarding.

Task 2
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the
travel and tourism sector with reference to Trailfinders [M1, M2 & M3]
Nowadays, people desire to explore different parts of the world by travelling through a different
medium; this has created tourism, a growth-oriented sector. The growth of the travel organisation
is concerned with the employees’ efforts and efficiency. Hence, their health and safety are kept
at the priority. Following are the legislative framework of health and safety measures followed
by Trailfinders:
Health and Safety at Work Act, 1974 are enacted in the UK with an aim to regulate the safety
and security provisions for employees at the workplace. This act provides the fundamental duties
of employees, employers, contractors and other persons who are associated with the work
premises of the organisation. Under this act, health and safety commission and executive are
established, who act as the public supervisory authorities (Griffith and Howarth, 2014). Trail
finders operate their business at large scale and therefore have employed multiple numbers of
employees. Compliance of this act ensures the safety of employees at the workplace and
therefore boosts trust among them regarding the organisation.
The Occupier’s Liability Act, 1984 in the UK provides the occupier’s liability for trespassers.
Trespassers include those persons other than his visitors. This liability seems harsh for the
occupiers as this act imposes the obligation towards that uninvited person who entered at the
land of occupier without any permission. However, this act was enacted with recognising the
danger for child trespassers, for which the occupier is aware of (Gilliatt, 2013). Hence,
Trailfinders is required to implement appropriate policies that protect their trespassers and their
belongings from any damage. This act has provided the limit of liability that the occupier is
required to pay in the circumstances of harming trespassers. Compliance of such action creates a
positive brand image in the tourism market that leads to creating long standing of the Trailfinders
in the market.
While booking holiday packages or purchasing leisure products and services, Trailfinders have
to record various personal information regarding their customers. There is some other relevant

information regarding the organisation, which is also required to be kept confidential. Hence,
Data Protection Act, 1988 was enacted to secure the data from various threats to the sensitive
information. Trailfinders comply with this act to ensure that their customers’ data, like, phone
number, PAN details, credit and debit card number, etc. gets secured (Steiner et al., 2016). It
boosts the trust among customers and creates more preference for Trailfinders in comparison to
its competitors.

2.2 Analyse legislation that relates to equality concerning Trailfinders [M1, M2 & M3]
Equality is the fundamental right of every person, and hence to protect this right Equality Act,
2010 is enacted. This act prohibits discrimination on the basis of disability and protects the
disabled persons in the fields of education, employment, access to products, services, and other
facilities, and public body functions. This act also prohibits the discrimination or harassment to
the parents or caretaker of a disabled individual (Manthorpe and Moriarty, 2014).
Sex Discrimination Act, 1975 is enacted by the parliament of UK, to prohibit the discrimination
of people on the grounds of marriage or sex. Also, for transsexual people, some amendments are
incorporated with the introduction of an amendment in the Sex Discrimination Act, and The
Gender Recognition Act 2004. This act mainly focuses on the areas of employment, training,
education, harassment, disposal of premises, and provisions of goods and services.
Race Discrimination Act 1976 is created with an objective of protection to the people on the
basis of some discrimination grounds, which includes, nationality, race, ethnic and national
origin, colour, etc (Cantle, 2018). Employment Protection Act, 1978 is based on the
consolidation of two labour laws that relate to the rights of employment. Besides, this act
considers the provisions in relation to employers’ insolvency, conciliation officer, benefits of
recoupment, and employment appeal tribunal. Employment Act, 2002 ensures that Trailfinders
provide friendly and healthy working conditions to their employees, where they feel comfortable
to work. This act also contains provisions regarding solutions of disputes and equality treatment.
All the above acts are required to be followed by the Trailfinders so that every employee get high
growth opportunities for their career and they do not feel discriminated on any grounds.

Task 3
3.1 Explain contract legislation in relation to travel and tourism customers [M1, M2 & M3]
Trailfinders sell their leisure
packages, products and services to
their customers. Hence, this requires
a contract to be entered that assures
that customers will get a standardised
form of services and do not get
cheated with misleading behaviour of
the organisation. The contracts must
contain information relates to arrival,
and departure time, essential services
offered during their travel, etc. The
accuracy of information in such
agreements is necessary to protect
the interest of customers during their
holidays. Besides, the charges of
holiday packages are required to be
included in the agreement, along with
all the additional costs so that
employees do not get exploited for
overcharges. In the UK, various
regulations harmonise and validate
the agreements entered between the
organisation and travellers. The
contract law in the UK includes,
The Unfair Contract Terms Act,
1977: This act provides that
Trailfinders is required to own what
he is selling to its customers. This
implies that there must be fair
dealing between the organisation and
the travellers through
Valid and acceptable contracts
(Kruppe et. al., 2013).
Sale of Goods Act 1979: It is an act
applicable when the Trailfinders sell
its holiday packages and other
products and services to the
customers. This act has defined
norms and practices required to be
followed by the organisations while
entering into a contract of sale with
the customer. This act prohibits
misleading and fraudulent
information while selling goods and
services so that customers can be
protected from being influenced by
wrong information.
Contract legislation in relation to travel and tourism
customers