Travel & Tourism Legislation

This report comprehensively analyzes the legal and ethical frameworks governing the travel and tourism sector. It begins by explaining the legal and regulatory framework, including surface, sea, and air transport laws. The report then evaluates the impact of health, safety, and security legislation, analyzing relevant equality legislation. A significant portion focuses on consumer protection legislation, including contract law and consumer protection acts. Finally, it delves into business ethics, analyzing ethical dilemmas faced by the sector and examining the Corporate Social Responsibility (CSR) policy of Intercontinental Hotels as a case study. The report utilizes numerous sources to support its analysis and provides a thorough overview of the legal and ethical considerations within the travel and tourism industry.

LEGISLATION AND ETHICS
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TABLE OF CONTENTS
Introduction..........................................................................................................................................3
Task 1 Understand the legal and regulatory framework in the travel and tourism sector....................3
1.1 Explain the legal and regulatory framework of the travel and tourism sector...........................3
1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework.......................................................................................................4
Task 2 Understand legislation and regulation relating to health, safety and security in the travel and
tourism sector.......................................................................................................................................5
2.1 Evaluate the impact of the principle of health, safety and security legislation on the travel and
tourism sector...................................................................................................................................5
2.2 Analyze legislation that related to equality................................................................................6
Task 3 Understand consumer protection legislation in relation to the travel and tourism sector.........7
3.1 Explain contract legislation in relation to travel and tourism customers...................................7
3.2 Explain consumer protection legislation in relation to travel and tourism customers...............7
Task 4 Understand the role of business ethics in the travel and tourism sector...................................8
4.1 Analyze ethical dilemmas faced by the travel and tourism sector.............................................8
4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business............................................................................................................................................9
Conclusion............................................................................................................................................9
References............................................................................................................................................9
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INTRODUCTION
Any organization that conducts business on larger scale needs to consider legal and
regulatory aspects for protecting the interest of customers (John Wiley and Sons.Quinn, 2012). The
study has been describing surface, sea and air transport law in relation to the carriage of passengers
within legal and regulatory framework in travel and tourism sector. In order to protect the interest of
customers, it is essential for the service providers to consider principles of health, safety and
security while delivering them different types of services. Legal and unethical issues are increasing
in contemporary scenario; thus for such purpose, all the organizations are complying to different
acts and legislations. Alongside, several ethical dilemmas are also mentioned which are being faced
by the travel and tourism sector in different service provisions. Every business in modern era is
involved in Corporate Social Responsibility which further assists them to derive support from the
society; hence considering this, CSR practices of Intercontinental hotel have been stated in the
present research.
TASK 1 UNDERSTAND THE LEGAL AND REGULATORY FRAMEWORK IN THE TRAVEL
AND TOURISM SECTOR
1.1 Explain the legal and regulatory framework of the travel and tourism sector
Travel and tourism sector have introduced several laws and legislations which are
mandatory to consider for every entity that operates business in the same sector. Under the same
sector, various entities have entered which provides strategic directions to rail authority. The
authority is being determined under transport act 2000 for the purpose of delegating proper
directions to the railway industry (Barth and Hayes, 2006). Reason behind establishing the authority
is to provide better services to the customers when they visit different places through railways and
other transportation modes. Apart from this, another regulatory mechanism that operates in the same
sector is Health and Safety Commission of UK. The commission ensures that all the services are
integrated with quality aspects. This also provides specific guidelines to the employees to manage
the services as per the interest of customers and regulatory aspects. The regulatory body is also
entitled to secure the interest of government departments and staff members who all are associated
with the tourism sector (Baum, 2012).
Furthermore, other entity that is involved in it is air transport association that consists of
more than 268 airlines in overall airline sector. The authority gives major priority on safety and
security aspects of the passengers while they fly from one place to another. The Parliament of UK
has introduced several legislations for consumers and that provides civil rights to the consumers
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where in they should be protected as per the rights and duties (Carlsen and Andersson, 2011). The
mentioned provisions are required to consider for all the entities and they should comply to these
for managing legal and ethical aspects into account. In similar context, criminal law is also passed
so as to reduce the amount of issues and cases prevailing related to different service provisions. This
also ensures that the society is protected from all sorts of harms and hazards. With regards to this,
organizations are required to promote healthy industrial relations so that employees can be manage
their duties and responsibilities in adequate manner (Constanti and Zopiatis, 2007). Similarly, the
government has also established a public body where local people are authorized to protect the
tourists while they get engaged into illegal and unethical practices.
Development of tourism act 1969 needs to be followed in travel and tourism industry as the
act lays down rules and regulations for the specific industry. This legislation is followed in UK and
the act establishes British tourist authority and tourist board for England and Wales. This includes
laws so as to reduce the issues related to environment protection along with health and safety
aspects of the tourists (Nelson and Trevino, 2010). Laws related to IPC and CRPC should be
followed adequately so as to protect the interest of all the clients. In such respect, Consumer
protection from unfair trading regulation 2008 ought to be followed where in consumers should be
protected from any misleading and unfair commercial practices.
Further, Licensing Act 2003 should be followed especially at the time of selling alcohol in
the premises. Travel and tourism industry is also required to consider Data Protection Act 1998
where in data about each and every aspect related to customer and service provision should be
recorded and maintained in adequate manner. Railway Act 1993 is yet another regulation that
should be considered while delivering railway services (Quinn, 2012). Rail office has the power to
regulate and prevent the abuse of dominant position and in the same act; there are several changes
that have been made related to protection of consumer's interest. ABTA (Association of British
Travel Agency) deals with travel agents and travel operators and the association have the control
over the travel agents.
1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers within the
legal and regulatory framework
Several norms, legislations and regulations have been introduced by British Government for
management of sea, surface and air transport. All such entities have to make sure that organizations
involved in the same facet are complying to general laws (Cooper, 2008). In the subsequent section;
major purposes of all such entities have been discussed. Air transport: Organizations engaged in air transport have been managed under the
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authority of civil aviation and they are also required to monitor the practices of travel and
tourism. Air and Road Act 1979 has the authority to develop several provisions related to
these transportation aspects. It also provides adequate directions to the people who are
engaged into airline services (Elliott, 2008). Sea transport: Sea transportation is engaged into moving the passengers from one place to
another through the sources of cruises, yachts and ships. The concerned operations are
authorized under the regulation of International carriage department who manages all the
operations of sea transport. Two major regulations are followed in it such as Territorial sea
act 1987 and Carriage of goods by sea act 1992 who are responsible to manage the goods of
passengers in effective manner (Fennell, 2006). At the time of traveling, passengers are
provided with the authority to impose liability on the carrier while moving from one place to
another. At the same time, specific limit is being determined by the carriage so that load can
be managed appropriately. This is chiefly done for reducing the opportunities of
uncertainties and accidents.
 Surface transport: Surface transport on the other hand is regulated by Association of British
travel agents. All the crucial operations of the organizations are managed by road and air act.
At the time, when any of the party faces loss, they get claim against the damage that is being
caused to passengers through surface transport (Francis and Goodwin, 2003). They have the
authority to pay the right and specified amount to the passengers when they suffer any loss.
Hence, from the discussion, it is clear that these regulations are necessary to follow for every
tourism organization for satiating the needs and preferences of the target market. This is also
essential in terms of developing success prospects in tourism sector.
TASK 2 UNDERSTAND LEGISLATION AND REGULATION RELATING TO HEALTH,
SAFETY AND SECURITY IN THE TRAVEL AND TOURISM SECTOR
2.1 Evaluate the impact of the principle of health, safety and security legislation on the travel and
tourism sector
In travel and tourism sector, legislations related to health, safety and security are necessary
to be considered while carrying out different operations. It is the duty of every entity to provide
proper safety and security facilities to the employees so that they can prevent themselves from
harms and accidents. Here some of the vital legislations are briefly discussed: Health and safety act at workplace: As per the act, it is essential for the workplace to
provide prominent facilities to the employees regarding safety and security (Holden, 2003).
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The same is required in travel and tourism sector as the entities are required to develop
suitable environment at workplace so that employees can reduce the opportunities of
accidents and injuries. At the same time, training and guidance is required to provide so that
accordingly, employees can enhance their skills and abilities. All the required tools and
equipment should be used at the workplace for optimum safety and security. Data protection act 1998: The most important aspect required in travel and tourism sector
is to maintain data about customers in secure data base. Personal information about the
customers should not be disclosed and that should be stored in suitable database systems
(John Wiley and Sons.Quinn, 2012). The data should not be shared with any of the other
unauthorized person since that lies under unethical aspects. Personal information about
customers should only be used at the time of requirement so that it can be prevented from
unnecessary access. Occupier's liability act 1984: Under the subsequent act, it is crucial for the travel and
tourism entity to facilitate monitoring on all the operations so that the opportunities of risks
and accidents can be minimized. Hence, concluding it can be said that as per the act, the
entity is required to consider safety aspects of the customers because of their overall
responsibility (Mizzoni, 2009).
 Unfair contract terms 1977: Customers critically are required to claim in the case when the
performance of the organization is not satisfactory as stated previously. The provision is
generally added by the business enterprises themselves for improving organizational
practices. All the provisions added in the contract must be integrated with social interest
(Nelson and Trevino, 2010).
2.2 Analyze legislation that related to equality
All the organizations operating business under travel and tourism sector are required to
consider equality act so that all the customers as well as employees can be treated properly. All the
employees and customers are entitled to get equal treatment from the entities; hence there should
not be any sort of discrimination at any place (Morrison and Mahony, 2003). Travel and tourism
organizations should emphasize on equality act so that employee and customer exploitation can be
eradicated entirely. It has been observed that there are various organizations that are engaged into
employee discrimination and exploitation due to difference in race, caste, religion and gender. This
not only affects the productivity of services but also it changes the preferences of customers. Hence,
every travel and tourism organization is required to manage diverse equality laws and regulations
among which some are briefly discussed:
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 Race discrimination act 1976 and Sex discrimination act 1975: Both the acts are mainly
developed for the purpose preventing employees as well as customers from unjustified
behavior. This directs all the employees to consider rights and obligations of customers in
equal manner. Discrimination of employees usually affects productivity and profitability
of the organization and as a consequence, it also leads to customer switching to other
organizations (Nelson and Trevino, 2010). Human right act 1998: Human right act 1998 is basically developed for providing the
right to speak where in employees as well as customers should be allowed to present their
feedbacks and responses to the organization. The act also directs travel and tourism sector
to keep many things into account concerned with rights and obligations of employees and
customers.
 Disability discrimination act 1995: As per the act, it is vital for all the entities working in
travel and tourism sector to provide adequate support to disable people (Preston, 2007).
Changes should be made in working policies and practices so that disable people can also
get the opportunity to work in effectual manner. There should be appropriate provision for
those employees who are physically disable.
Therefore, all these legislations could assist travel and tourism sector to manage internal and
external business processes in successful manner (Barth and Hayes, 2006).
TASK 3 UNDERSTAND CONSUMER PROTECTION LEGISLATION IN RELATION TO THE
TRAVEL AND TOURISM SECTOR
3.1 Explain contract legislation in relation to travel and tourism customers
Contract legislation exists in travel and tourism sector which specifies that organizations are
required to deliver prominent services to the customers for which they have paid off. Contracts also
states that proper supply of goods and services should be made to the areas where demand is high.
This not helps in managing supply and demand but also develops adequate interaction between
suppliers and the organizations (Sharpley, 2006). As per the contract law, it has been observed that
right kind of goods and services should be delivered to the customers as per their need. For
instance- when any organization ensures to provide specific services to the customers; then in such
case, it is mandatory for the entity to manage the same. They are not entitled to back out from their
liabilities (Silvers, 2009).
Similar to other contracts, there may be certain terms and conditions in the contract which if
not fulfilled then, the case could be considered as breach of contract (Gyr, 2010). Furthermore,
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customers are also liable to determine the time period under which the validity of the constructed
contract will be finished. Hence, there must be clear directions to all the employees of hotels and
travel agencies to keep into account the interest of customers and other parties. There are several
cases in which business entities do frauds with the customers for getting more profits; thus
customers are responsible to observe if the contract consists any such thing. Hence fair and terms
and conditions should be included in all the contracts developed between the parties so as to
enhance the existing customer base (Carlsen and Andersson, 2011).
There should be specific contract for the for supply of goods so that adequate services can
be delivered to the clients. There must be specific contract for the provision of services; hence
travel and tourism industry needs to comply Goods and Services Act 1988. There should be proper
description of the hotel, place and other amenities which is supposed to be served by the travel
agency. The specific industry should follow consumer law where in terms and conditions related to
holiday packages should be included and described to the consumers (Holden, 2003). There should
be proper contract between the consumer and service provider and that should include offer,
consideration, capacity and certainty. Contract of supply of goods means that the consumers may
expect a reasonable state of goods and services provided with care and skill. The mandate aspects
are included in the below mentioned section:
 Agreement is must between customer and agent
 Details of the holiday should be included in the brochure and advertisements
 Consumer regulations
 Personal preference of the customer
Hence, every travel company has a binding contract with the consumer setting and every travel
contract has a certain terms and conditions attached to it. On failure to communicate the set out
conditions the consumer may withdraw the contract at any time (Barth and Hayes, 2006).
3.2 Explain consumer protection legislation in relation to travel and tourism customers
Travel and tourism sector is required to consider consumer protection legislation so that
consumers can be protected from all sorts of misconceptions and cheating.
 Terms and conditions present in the service package must be fair and suitable and it should
be integrated as per the needs and demands of customers. Packages and services should be
provided on similar basis according to the way it is promoted among customers (Carlsen and
Andersson, 2011). This is basically developed so as to protect the customers from
exploitation and fraud. If any of the entity fails to meet the needs and expectations of
customers, it should made the provision to compensate for the loss caused to the customers.
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 At the same time trade description act 1968 should also be included where in customers
should be provided with fair and justifiable information about the packages and services
(Barth and Hayes, 2006). This states that companies should promote their services on fair
basis through advertisements. In case, if any of the company misleads customers, then end
users have the authority to claim the service provider.
 Similarly, consumer protection act should also be considered which protects the consumers
from illegal and unfair trade practices. Tourism entity is thus required to protect the
consumers from several grounds which further also aids in promoting the service provisions
in effective manner. The major aspect that lies under consumer protection act is that is
should maintain all the pre-defined standards for providing range of benefits to the
customers (Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contract
Regulations 1999, 2015).
Hence, it can be concluded that the mentioned consumer protection legislations are
necessary to manage in travel and tourism sector. The acts are basically formulated for the purpose
of protecting the clients from unethical and illegal terms (Holden, 2003). Thus, all the entities
present in the travel and tourism sector are required to deliver prominent services to the customers.
This could not only enhance customer base but also it could lead to augment performance of
business.
TASK 4 UNDERSTAND THE ROLE OF BUSINESS ETHICS IN THE TRAVEL AND
TOURISM SECTOR
4.1 Analyze ethical dilemmas faced by the travel and tourism sector
Ethics is the branch of knowledge that deals with moral principles that governs a person’s
behavior or the conducting of an activity. Fair and justifiable advertisements should be constructed
so that right kind of information can be promoted. Ethical issues are very common to happen for
any industry and this most commonly prevails in travel and tourism sector. Ethics basically
determines the ethical behavior of the organization (Holden, 2003). Hence, in such context, it has
been observed that a few times, hotels and other restaurant chains use cheap labors and resources
for minimizing cost and they also get engaged in to unfair and unethical activities to perform the
functions. It is a challenge of the entire hospitality industry that it has to bind with the legal
amendments as described by the legal authorities in order to survive in the market; however many
times, they fail to manage the same perspective (Fennell, 2006).
Thus in such respect, tourism agency of UK have established several amendments which are
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designed to protect the customers from exploitation and discrimination (Silvers, 2009). Thus, for
such purpose, all the entities present in travel and tourism sectors are directed to consider stern
levels of hygiene so that safe and healthy food for the customers can be prepared. Gambling is
considered to be an unethical practice so a major challenge in front of the hospitality industry is
allow the activity of gambling within set rules and regulations. Up to some extent, issues related to
ethical and unfair aspects are managed through legal processes. With the help of more growth in
consumer movement, companies are getting more importance in ethical areas of concern. Thus the
entities are responsible to develop fair advertisements so that right kind of promotion can be
facilitated and right kind of information can be delivered (Preston, 2007). Customers probably have
the authority to take action against those service providers who indulge in illegal and unethical
business practices. Issues related to natural calamities and environment degradation is also
increasing in modern era; hence according to that different business activities should be managed.
Certain changes should be made in marketing activities as that falls under the category of
responsible tourism (Constanti and Zopiatis, 2007).
4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business
Intercontinental hotel has been operating hospitality business in UK market place with the
aim of delivering luxurious and better services to the customers. CSR practices of the hotel have
been assisting the business to promote products and services successfully among different customer
segments. As per the CSR concern, the hotel emphasizes chiefly towards social facets in which it
involves all the stakeholders actively in company's processes (Francis and Goodwin, 2003). The
hotel tries to serve the best to the customers through their supportive products and service
provisions. Under CSR activities, Intercontinental hotel develops better atmosphere at the
workplace so that the employees can interact properly with the customers. The hotel from its
practices also serves economic benefit to the nation being an important part. Equal importance is
being given to males and females that further also assists the hotel to enhance the level of
productivity and business prosperity (Fennell, 2006). The hotel is also focused towards
environmental protection; thus for such purpose it emphasizes on utilizing renewable sources of
energy.
CONCLUSION
Summing up the entire case, it can be said that travel and tourism sector needs to follow
legal and regulatory practices for remaining in the market place. The present study has discussed
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legislations that are related to equality and that helps the service providers to deliver better services
to the customers. Researcher has also stated contract legislation in relation to travel and tourism
customers.
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REFERENCES
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Constanti, P., and Zopiatis, A., 2007. And never the twain shall meet: Investigating the hospitality
industry-education relationship in Cyprus. Education + Training. 49(5). pp.391 – 407.
Cooper, C., 2008. Tourism: Principles and Practice. Prentice Hall Financial Times.
Elliott, D., 2008. Ethical Challenges: Building an Ethics Toolkit. AuthorHouse.
Fennell, D. A., 2006. Tourism ethics. Channel View Publications.
Francis, J., and Goodwin, H., 2003. Ethical and Responsible Tourism: Consumer Trends in the UK.
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John Wiley & Sons.Quinn, J. M., 2012. Ethics for the Information Age. 5th ed. Pearson Education.
Mizzoni, J., 2009. Ethics: The Basics. John Wiley & Sons.
Morrison, A. and Mahony, G. A., 2003. The liberation of hospitality management education.
International Journal of Contemporary Hospitality Management. 15(1). pp.38 – 44.
Nelson, K. A. and Trevino, L. K., 2010. Managing Business Ethics. 5th ed. John Wiley & Sons.
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Sharpley, R., 2006. Travel and tourism. SAGE.
Silvers, R. J., 2009. Risk Management for Meetings and Events. Routledge.
Online
Gyr, U. 2010. The History of Tourism. [Online] Available through:
<http://www.ieg-ego.eu/en/threads/europe-on-the-road/the-history-of-tourism/ueli-gyr-the-
history-of-tourism>. [Accessed on 10 July 2015].
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